47 U.S.C. § 254 — Universal service

Page 99 TITLE 47—TELECOMMUNICATIONS § 254 (4) Authority to continue review Paragraph (3) shall not preclude the State commission from continuing to review a state- ment that has been permitted to take effect under subparagraph (B) of such paragraph or from approving or disapproving such state- ment under paragraph (2). (5) Duty to negotiate not affected The submission or approval of a statement under this subsection shall not relieve a Bell operating company of its duty to negotiate the terms and conditions of an agreement under section 251 of this title. (g) Consolidation of State proceedings Where not inconsistent with the requirements of this chapter, a State commission may, to the extent practical, consolidate proceedings under sections 214(e), 251(f), 253 of this title, and this section in order to reduce administrative bur- dens on telecommunications carriers, other par- ties to the proceedings, and the State commis- sion in carrying out its responsibilities under this chapter. (h) Filing required A State commission shall make a copy of each agreement approved under subsection (e) and each statement approved under subsection (f) available for public inspection and copying with- in 10 days after the agreement or statement is approved. The State commission may charge a reasonable and nondiscriminatory fee to the parties to the agreement or to the party filing the statement to cover the costs of approving and filing such agreement or statement. (i) Availability to other telecommunications car- riers A local exchange carrier shall make available any interconnection, service, or network ele- ment provided under an agreement approved under this section to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement. (j) ‘‘Incumbent local exchange carrier’’ defined For purposes of this section, the term ‘‘incum- bent local exchange carrier’’ has the meaning provided in section 251(h) of this title. (June 19, 1934, ch. 652, title II, § 252, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 66.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (g), 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 com- plete classification of this Act to the Code, see section 609 of this title and Tables. § 253. Removal of barriers to entry (a) In general No State or local statute or regulation, or other State or local legal requirement, may pro- hibit or have the effect of prohibiting the ability of any entity to provide any interstate or intra- state telecommunications service. (b) State regulatory authority Nothing in this section shall affect the ability of a State to impose, on a competitively neutral basis and consistent with section 254 of this title, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. (c) State and local government authority Nothing in this section affects the authority of a State or local government to manage the public rights-of-way or to require fair and rea- sonable compensation from telecommunications providers, on a competitively neutral and non- discriminatory basis, for use of public rights-of- way on a nondiscriminatory basis, if the com- pensation required is publicly disclosed by such government. (d) Preemption If, after notice and an opportunity for public comment, the Commission determines that a State or local government has permitted or im- posed any statute, regulation, or legal require- ment that violates subsection (a) or (b), the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency. (e) Commercial mobile service providers Nothing in this section shall affect the appli- cation of section 332(c)(3) of this title to com- mercial mobile service providers. (f) Rural markets It shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the require- ments in section 214(e)(1) of this title for des- ignation as an eligible telecommunications car- rier for that area before being permitted to pro- vide such service. This subsection shall not apply— (1) to a service area served by a rural tele- phone company that has obtained an exemp- tion, suspension, or modification of section 251(c)(4) of this title that effectively prevents a competitor from meeting the requirements of section 214(e)(1) of this title; and (2) to a provider of commercial mobile serv- ices. (June 19, 1934, ch. 652, title II, § 253, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 70.) § 254. Universal service (a) Procedures to review universal service re- quirements (1) Federal-State Joint Board on universal service Within one month after February 8, 1996, the Commission shall institute and refer to a Fed- eral-State Joint Board under section 410(c) of this title a proceeding to recommend changes to any of its regulations in order to implement sections 214(e) of this title and this section, in- Page 100 TITLE 47—TELECOMMUNICATIONS § 254 cluding the definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for com- pletion of such recommendations. In addition to the members of the Joint Board required under section 410(c) of this title, one member of such Joint Board shall be a State-appointed utility consumer advocate nominated by a na- tional organization of State utility consumer advocates. The Joint Board shall, after notice and opportunity for public comment, make its recommendations to the Commission 9 months after February 8, 1996. (2) Commission action The Commission shall initiate a single pro- ceeding to implement the recommendations from the Joint Board required by paragraph (1) and shall complete such proceeding within 15 months after February 8, 1996. The rules estab- lished by such proceeding shall include a defi- nition of the services that are supported by Federal universal service support mechanisms and a specific timetable for implementation. Thereafter, the Commission shall complete any proceeding to implement subsequent rec- ommendations from any Joint Board on uni- versal service within one year after receiving such recommendations. (b) Universal service principles The Joint Board and the Commission shall base policies for the preservation and advance- ment of universal service on the following prin- ciples: (1) Quality and rates Quality services should be available at just, reasonable, and affordable rates. (2) Access to advanced services Access to advanced telecommunications and information services should be provided in all regions of the Nation. (3) Access in rural and high cost areas Consumers in all regions of the Nation, in- cluding low-income consumers and those in rural, insular, and high cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and informa- tion services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar serv- ices in urban areas. (4) Equitable and nondiscriminatory contribu- tions All providers of telecommunications serv- ices should make an equitable and nondiscrim- inatory contribution to the preservation and advancement of universal service. (5) Specific and predictable support mecha- nisms There should be specific, predictable and suf- ficient Federal and State mechanisms to pre- serve and advance universal service. (6) Access to advanced telecommunications services for schools, health care, and li- braries Elementary and secondary schools and class- rooms, health care providers, and libraries should have access to advanced telecommuni- cations services as described in subsection (h). (7) Additional principles Such other principles as the Joint Board and the Commission determine are necessary and appropriate for the protection of the public in- terest, convenience, and necessity and are con- sistent with this chapter. (c) Definition (1) In general Universal service is an evolving level of tele- communications services that the Commission shall establish periodically under this section, taking into account advances in telecommuni- cations and information technologies and services. The Joint Board in recommending, and the Commission in establishing, the defi- nition of the services that are supported by Federal universal service support mechanisms shall consider the extent to which such tele- communications 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 cus- tomers; (C) are being deployed in public tele- communications networks by telecommuni- cations carriers; and (D) are consistent with the public interest, convenience, and necessity. (2) Alterations and modifications The Joint Board may, from time to time, recommend to the Commission modifications in the definition of the services that are sup- ported by Federal universal service support mechanisms. (3) Special services In addition to the services included in the definition of universal service under paragraph (1), the Commission may designate additional services for such support mechanisms for schools, libraries, and health care providers for the purposes of subsection (h). (d) Telecommunications carrier contribution Every telecommunications carrier that pro- vides interstate telecommunications services shall contribute, on an equitable and non- discriminatory basis, to the specific, predict- able, and sufficient mechanisms established by the Commission to preserve and advance uni- versal service. The Commission may exempt a carrier or class of carriers from this require- ment if the carrier’s telecommunications activi- ties are limited to such an extent that the level of such carrier’s contribution to the preserva- tion and advancement of universal service would be de minimis. Any other provider of interstate telecommunications may be required to con- tribute to the preservation and advancement of universal service if the public interest so re- quires. (e) Universal service support After the date on which Commission regula- tions implementing this section take effect, only an eligible telecommunications carrier des- Page 101 TITLE 47—TELECOMMUNICATIONS § 254 ignated under section 214(e) of this title shall be eligible to receive specific Federal universal service support. A carrier that receives such support shall use that support only for the pro- vision, maintenance, and upgrading of facilities and services for which the support is intended. Any such support should be explicit and suffi- cient to achieve the purposes of this section. (f) State authority A State may adopt regulations not incon- sistent with the Commission’s rules to preserve and advance universal service. Every tele- communications carrier that provides intrastate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, in a manner determined by the State to the preser- vation and advancement of universal service in that State. A State may adopt regulations to provide for additional definitions and standards to preserve and advance universal service within that State only to the extent that such regula- tions adopt additional specific, predictable, and sufficient mechanisms to support such defini- tions or standards that do not rely on or burden Federal universal service support mechanisms. (g) Interexchange and interstate services Within 6 months after February 8, 1996, the Commission shall adopt rules to require that the rates charged by providers of interexchange telecommunications services to subscribers in rural and high cost areas shall be no higher than the rates charged by each such provider to its subscribers in urban areas. Such rules shall also require that a provider of interstate inter- exchange telecommunications services shall provide such services to its subscribers in each State at rates no higher than the rates charged to its subscribers in any other State. (h) Telecommunications services for certain pro- viders (1) In general (A) Health care providers for rural areas A telecommunications carrier shall, upon receiving a bona fide request, provide tele- communications services which are nec- essary for the provision of health care serv- ices in a State, including instruction relat- ing to such services, to any public or non- profit health care provider that serves per- sons who reside in rural areas in that State at rates that are reasonably comparable to rates charged for similar services in urban areas in that State. A telecommunications carrier providing service under this para- graph shall be entitled to have an amount equal to the difference, if any, between the rates for services provided to health care providers for rural areas in a State and the rates for similar services provided to other customers in comparable rural areas in that State treated as a service obligation as a part of its obligation to participate in the mechanisms to preserve and advance uni- versal service. (B) Educational providers and libraries All telecommunications carriers serving a geographic area shall, upon a bona fide re- quest for any of its services that are within the definition of universal service under sub- section (c)(3), provide such services to ele- mentary schools, secondary schools, and li- braries for educational purposes at rates less than the amounts charged for similar serv- ices to other parties. The discount shall be an amount that the Commission, with re- spect to interstate services, and the States, with respect to intrastate services, deter- mine is appropriate and necessary to ensure affordable access to and use of such services by such entities. A telecommunications car- rier 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 mecha- nisms to preserve and advance universal service, or (ii) notwithstanding the provisions of subsection (e) of this section, receive reim- bursement utilizing the support mecha- nisms to preserve and advance universal service. (2) Advanced services The Commission shall establish competi- tively neutral rules— (A) to enhance, to the extent technically feasible and economically reasonable, access to advanced telecommunications and infor- mation services for all public and nonprofit elementary and secondary school class- rooms, 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 pub- lic institutional telecommunications users. (3) Terms and conditions Telecommunications services and network capacity provided to a public institutional telecommunications user under this sub- section may not be sold, resold, or otherwise transferred by such user in consideration for money or any other thing of value. (4) Eligibility of users No entity listed in this subsection shall be entitled to preferential rates or treatment as required by this subsection, if such entity op- erates as a for-profit business, is a school de- scribed in paragraph (7)(A) with an endowment of more than $50,000,000, or is a library or li- brary consortium not eligible for assistance from a State library administrative agency under the Library Services and Technology Act [20 U.S.C. 9121 et seq.]. (5) Requirements for certain schools with com- puters having Internet access (A) Internet safety (i) In general Except as provided in clause (ii), an ele- mentary or secondary school having com- puters with Internet access may not re- ceive services at discount rates under paragraph (1)(B) unless the school, school board, local educational agency, or other authority with responsibility for adminis- tration of the school— Page 102 TITLE 47—TELECOMMUNICATIONS § 254 (I) submits to the Commission the cer- tifications described in subparagraphs (B) and (C); (II) submits to the Commission a cer- tification 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 The prohibition in clause (i) shall not apply with respect to a school that re- ceives services at discount rates under paragraph (1)(B) only for purposes other than the provision of Internet access, Internet service, or internal connections. (iii) Public notice; hearing An elementary or secondary school de- scribed in clause (i), or the school board, local educational agency, or other author- ity with responsibility for administration of the school, shall provide reasonable pub- lic notice and hold at least one public hearing or meeting to address the proposed Internet safety policy. In the case of an el- ementary or secondary school other than an elementary school or a secondary school as defined in section 7801 of title 20, the notice and hearing required by this clause may be limited to those members of the public with a relationship to the school. (B) Certification with respect to minors A 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 safe- ty for minors that includes monitoring the online activities of minors and the oper- ation of a technology protection measure with respect to any of its computers with Internet access that protects against ac- cess through such computers to visual de- pictions 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 on- line behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response. (C) Certification with respect to adults A 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 safe- ty that includes the operation of a tech- nology 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 An administrator, supervisor, or other per- son authorized by the certifying authority under subparagraph (A)(i) may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. (E) Timing of implementation (i) In general Subject to clause (ii) in the case of any school covered by this paragraph as of the effective date of this paragraph under sec- tion 1721(h) of the Children’s Internet Pro- tection Act, the certification under sub- paragraphs (B) and (C) shall be made— (I) with respect to the first program funding year under this subsection fol- lowing such effective date, not later than 120 days after the beginning of such pro- gram funding year; and (II) with respect to any subsequent program funding year, as part of the ap- plication process for such program fund- ing year. (ii) Process (I) Schools with Internet safety policy and technology protection measures in place A school covered by clause (i) that has in place an Internet safety policy and technology protection measures meeting the requirements necessary for certifi- cation under subparagraphs (B) and (C) shall certify its compliance with sub- paragraphs (B) and (C) during each an- nual program application cycle under this subsection, except that with respect to the first program funding year after the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certifi- cations shall be made not later than 120 days after the beginning of such first program funding year. (II) Schools without Internet safety pol- icy and technology protection meas- ures in place A school covered by clause (i) that does not have in place an Internet safety pol- icy 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 pol- Page 103 TITLE 47—TELECOMMUNICATIONS § 254 icy and technology protection meas- ures meeting the requirements nec- essary for certification under subpara- graphs (B) and (C); and (bb) for the second program year after the effective date of this sub- section in which it is applying for funds under this subsection, shall cer- tify that it is in compliance with sub- paragraphs (B) and (C). Any school that is unable to certify com- pliance 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. (III) Waivers Any school subject to subclause (II) that cannot come into compliance with subparagraphs (B) and (C) in such second year program may seek a waiver of sub- clause (II)(bb) if State or local procure- ment rules or regulations or competitive bidding requirements prevent the mak- ing of the certification otherwise re- quired by such subclause. A school, school board, local educational agency, or other authority with responsibility for administration of the school shall no- tify the Commission of the applicability of such subclause to the school. Such no- tice shall certify that the school in ques- tion will be brought into compliance be- fore the start of the third program year after the effective date of this subsection in which the school is applying for funds under this subsection. (F) Noncompliance (i) Failure to submit certification Any school that knowingly fails to com- ply with the application guidelines regard- ing the annual submission of certification required by this paragraph shall not be eli- gible for services at discount rates or fund- ing in lieu of services at such rates under this subsection. (ii) Failure to comply with certification Any school that knowingly fails to en- sure the use of its computers in accord- ance with a certification under subpara- graphs (B) and (C) shall reimburse any funds and discounts received under this subsection for the period covered by such certification. (iii) Remedy of noncompliance (I) Failure to submit A school that has failed to submit a certification under clause (i) may rem- edy the failure by submitting the certifi- cation to which the failure relates. Upon submittal of such certification, the school shall be eligible for services at discount rates under this subsection. (II) Failure to comply A school that has failed to comply with a certification as described in clause (ii) may remedy the failure by en- suring the use of its computers in ac- cordance with such certification. Upon submittal to the Commission of a certifi- cation or other appropriate evidence of such remedy, the school shall be eligible for services at discount rates under this subsection. (6) Requirements for certain libraries with computers having Internet access (A) Internet safety (i) In general Except as provided in clause (ii), a li- brary having one or more computers with Internet access may not receive services at discount rates under paragraph (1)(B) un- less the library— (I) submits to the Commission the cer- tifications described in subparagraphs (B) and (C); and (II) submits to the Commission a cer- tification 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 The prohibition in clause (i) shall not apply with respect to a library that re- ceives services at discount rates under paragraph (1)(B) only for purposes other than the provision of Internet access, Internet service, or internal connections. (iii) Public notice; hearing A library described in clause (i) shall provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety pol- icy. (B) Certification with respect to minors A certification under this subparagraph is a certification that the library— (i) is enforcing a policy of Internet safe- ty that includes the operation of a tech- nology 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; and (ii) is enforcing the operation of such technology protection measure during any use of such computers by minors. (C) Certification with respect to adults A certification under this paragraph is a certification that the library— (i) is enforcing a policy of Internet safe- ty that includes the operation of a tech- nology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— Page 104 TITLE 47—TELECOMMUNICATIONS § 254 (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 An administrator, supervisor, or other per- son authorized by the certifying authority under subparagraph (A)(i) may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. (E) Timing of implementation (i) In general Subject to clause (ii) in the case of any library covered by this paragraph as of the effective date of this paragraph under sec- tion 1721(h) of the Children’s Internet Pro- tection Act, the certification under sub- paragraphs (B) and (C) shall be made— (I) with respect to the first program funding year under this subsection fol- lowing such effective date, not later than 120 days after the beginning of such pro- gram funding year; and (II) with respect to any subsequent program funding year, as part of the ap- plication process for such program fund- ing year. (ii) Process (I) Libraries with Internet safety policy and technology protection measures in place A library covered by clause (i) that has in place an Internet safety policy and technology protection measures meeting the requirements necessary for certifi- cation under subparagraphs (B) and (C) shall certify its compliance with sub- paragraphs (B) and (C) during each an- nual program application cycle under this subsection, except that with respect to the first program funding year after the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certifi- cations shall be made not later than 120 days after the beginning of such first program funding year. (II) Libraries without Internet safety pol- icy and technology protection meas- ures in place A library covered by clause (i) that does not have in place an Internet safety policy and technology protection meas- ures 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 pol- icy and technology protection meas- ures meeting the requirements nec- essary for certification under subpara- graphs (B) and (C); and (bb) for the second program year after the effective date of this sub- section in which it is applying for funds under this subsection, shall cer- tify that it is in compliance with sub- paragraphs (B) and (C). Any library that is unable to certify compliance with such requirements in such second program year shall be ineli- gible 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. (III) Waivers Any library subject to subclause (II) that cannot come into compliance with subparagraphs (B) and (C) in such second year may seek a waiver of subclause (II)(bb) if State or local procurement rules or regulations or competitive bid- ding requirements prevent the making of the certification otherwise required by such subclause. A library, library board, or other authority with responsibility for administration of the library shall notify the Commission of the applica- bility of such subclause to the library. Such notice shall certify that the library in question will be brought into compli- ance before the start of the third pro- gram year after the effective date of this subsection in which the library is apply- ing for funds under this subsection. (F) Noncompliance (i) Failure to submit certification Any library that knowingly fails to com- ply with the application guidelines regard- ing the annual submission of certification required by this paragraph shall not be eli- gible for services at discount rates or fund- ing in lieu of services at such rates under this subsection. (ii) Failure to comply with certification Any library that knowingly fails to en- sure the use of its computers in accord- ance with a certification under subpara- graphs (B) and (C) shall reimburse all funds and discounts received under this subsection for the period covered by such certification. (iii) Remedy of noncompliance (I) Failure to submit A library that has failed to submit a certification under clause (i) may rem- edy the failure by submitting the certifi- cation to which the failure relates. Upon submittal of such certification, the li- brary shall be eligible for services at dis- count rates under this subsection. (II) Failure to comply A library that has failed to comply with a certification as described in Page 105 TITLE 47—TELECOMMUNICATIONS § 254 clause (ii) may remedy the failure by en- suring the use of its computers in ac- cordance with such certification. Upon submittal to the Commission of a certifi- cation or other appropriate evidence of such remedy, the library shall be eligible for services at discount rates under this subsection. (7) Definitions For purposes of this subsection: (A) Elementary and secondary schools The term ‘‘elementary and secondary schools’’ means elementary schools and sec- ondary schools, as defined in section 7801 of title 20. (B) Health care provider The term ‘‘health care provider’’ means— (i) post-secondary educational institu- tions 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 agen- cies; (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 de- scribed in clauses (i) through (vii). (C) Public institutional telecommunications user The term ‘‘public institutional tele- communications user’’ means an elementary or secondary school, a library, or a health care provider as those terms are defined in this paragraph. (D) Minor The term ‘‘minor’’ means any individual who has not attained the age of 17 years. (E) Obscene The term ‘‘obscene’’ has the meaning given such term in section 1460 of title 18. (F) Child pornography The term ‘‘child pornography’’ has the meaning given such term in section 2256 of title 18. (G) Harmful to minors The 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, ac- tual or simulated normal or perverted sex- ual acts, or a lewd exhibition of the geni- tals; and (iii) taken as a whole, lacks serious lit- erary, artistic, political, or scientific value as to minors. (H) Sexual act; sexual contact The terms ‘‘sexual act’’ and ‘‘sexual con- tact’’ have the meanings given such terms in section 2246 of title 18. (I) Technology protection measure The term ‘‘technology protection meas- ure’’ means a specific technology that blocks or filters Internet access to the mate- rial covered by a certification under para- graph (5) or (6) to which such certification relates. (i) Consumer protection The Commission and the States should ensure that universal service is available at rates that are just, reasonable, and affordable. (j) Lifeline assistance Nothing in this section shall affect the collec- tion, distribution, or administration of the Life- line Assistance Program provided for by the Commission under regulations set forth in sec- tion 69.117 of title 47, Code of Federal Regula- tions, and other related sections of such title. (k) Subsidy of competitive services prohibited A telecommunications carrier may not use services that are not competitive to subsidize services that are subject to competition. The Commission, with respect to interstate services, and the States, with respect to intrastate serv- ices, shall establish any necessary cost alloca- tion rules, accounting safeguards, and guidelines to ensure that services included in the definition of universal service bear no more than a reason- able share of the joint and common costs of fa- cilities used to provide those services. (l) Internet safety policy requirement for schools and libraries (1) In general In carrying out its responsibilities under subsection (h), each school or library to which subsection (h) applies shall— (A) adopt and implement an Internet safe- ty 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 com- munications; (iii) unauthorized access, including so- called ‘‘hacking’’, and other unlawful ac- tivities 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 pol- icy. (2) Local determination of content A determination regarding what matter is inappropriate for minors shall be made by the school board, local educational agency, li- brary, or other authority responsible for mak- Page 106 TITLE 47—TELECOMMUNICATIONS § 254 ing the determination. No agency or instru- mentality of the United States Government may— (A) establish criteria for making such de- termination; (B) review the determination made by the certifying school, school board, local edu- cational agency, library, or other authority; or (C) consider the criteria employed by the certifying school, school board, local edu- cational agency, library, or other authority in the administration of subsection (h)(1)(B). (3) Availability for review Each Internet safety policy adopted under this subsection shall be made available to the Commission, upon request of the Commission, by the school, school board, local educational agency, library, or other authority responsible for adopting such Internet safety policy for purposes of the review of such Internet safety policy by the Commission. (4) Effective date This subsection shall apply with respect to schools and libraries on or after the date that is 120 days after December 21, 2000. (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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(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 com- plete 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 Pub. L. 94–462, as added by Pub. 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 sub- chapter II (§ 9121 et seq.) of chapter 72 of Title 20, Edu- cation. 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, re- ferred 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 Pub. 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 Pub. L. 106–554, set out as an Effective Date of 2000 Amend- ment note below. AMENDMENTS 2016—Subsec. (h)(7)(B)(vii), (viii). Pub. 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). Pub. L. 114–95, § 9215(s)(1), substituted ‘‘an elementary school or a secondary school as defined in section 7801 of title 20’’ for ‘‘an ele- mentary or secondary school as defined in section 8801 of title 20’’. Subsec. (h)(7)(A). Pub. 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). Pub. L. 110–385 added cl. (iii). 2002—Subsec. (h)(7)(A). Pub. L. 107–110 substituted ‘‘section 7801’’ for ‘‘paragraphs (14) and (25), respec- tively, of section 8801’’. 2000—Subsec. (h)(4). Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(d)], substituted ‘‘paragraph (7)(A)’’ for ‘‘paragraph (5)(A)’’. Subsec. (h)(5). Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(a)(2)], added par. (5). Former par. (5) redes- ignated (7). Subsec. (h)(6). Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(b)], added par. (6). Subsec. (h)(7). Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(a)(1)], redesignated par. (5) as (7). Subsec. (h)(7)(D) to (I). Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(c)], added subpars. (D) to (I). Subsec. (l). Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1732], added subsec. (l). 1996—Subsec. (h)(4). Pub. L. 104–208 substituted ‘‘li- brary 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 AMENDMENT Pub. L. 114–182, title II, § 202(c), June 22, 2016, 130 Stat. 513, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply begin- ning on the date that is 180 days after the date of the enactment of this Act [June 22, 2016].’’ EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. EFFECTIVE DATE OF 2000 AMENDMENT Pub. 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 enact- ment of this Act [Dec. 21, 2000].’’ REGULATIONS Pub. 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 Page 107 TITLE 47—TELECOMMUNICATIONS § 254 under paragraph (1) so as to ensure that such regula- tions take effect 120 days after the date of the enact- ment of this Act [Dec. 21, 2000].’’ Pub. 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 Com- mission shall prescribe regulations for purposes of sec- tion 254(l) of the Communications Act of 1934 [47 U.S.C. 254(l)], as added by section 1732 of this Act.’’ SAVINGS CLAUSE Pub. L. 114–182, title II, § 202(b), June 22, 2016, 130 Stat. 512, provided that: ‘‘Nothing in subsection (a) [amend- ing this section] shall be construed to affect the aggre- gate 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 regula- tion.’’ SEPARABILITY Pub. 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 remain- der of such paragraph and the application of such para- graph to other persons or circumstances shall not be af- fected thereby.’’ FUNDING FOR E-RATE SUPPORT FOR EMERGENCY EDUCATIONAL CONNECTIONS AND DEVICES Pub. 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 avail- able from the Emergency Connectivity Fund, of sup- port 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 li- brary. ‘‘(b) SUPPORT AMOUNT.—In providing support under the covered regulations, the Commission shall reim- burse 100 percent of the costs associated with the eligi- ble equipment, advanced telecommunications and in- formation 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 other- wise available, there is appropriated to the Emer- gency Connectivity Fund for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated— ‘‘(A) $7,171,000,000, to remain available until Sep- tember 30, 2030, for— ‘‘(i) the provision of support under the covered regulations; and ‘‘(ii) the Commission to adopt, and the Commis- sion and the Universal Service Administrative Company to administer, the covered regulations; and ‘‘(B) $1,000,000, to remain available until Sep- tember 30, 2030, for the Inspector General of the Commission to conduct oversight of support pro- vided 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 CONTRIBU- TIONS.—Support provided under the covered regula- tions shall be provided from amounts made available from the Emergency Connectivity Fund and not from contributions under section 254(d) of the Communica- tions Act of 1934 (47 U.S.C. 254(d)). ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) ADVANCED TELECOMMUNICATIONS AND INFORMA- TION SERVICES.—The term ‘advanced telecommuni- cations and information services’ means advanced telecommunications and information services, as such term is used in section 254(h) of the Communica- tions 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 de- vice’ 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 reg- ulations’ 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) ter- minates. ‘‘(6) ELIGIBLE EQUIPMENT.—The term ‘eligible equip- ment’ 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 ‘eligi- ble school or library’ means an elementary school, secondary school, or library (including a Tribal ele- mentary school, Tribal secondary school, or Tribal li- brary) 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 es- tablished under subsection (c)(1). ‘‘(9) LIBRARY.—The term ‘library’ includes a library consortium. ‘‘(10) WI-FI.—The term ‘Wi-Fi’ means a wireless net- working protocol based on Institute of Electrical and Electronics Engineers standard 802.11 (or any suc- cessor 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 de- vice through the use of Wi-Fi.’’ FCC COVID–19 TELEHEALTH PROGRAM Pub. 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 commit- tees’ means— ‘‘(A) the Committee on Commerce, Science, and Transportation of the Senate; and Page 108 TITLE 47—TELECOMMUNICATIONS § 254 ‘‘(B) the Committee on Energy and Commerce of the House of Representatives; ‘‘(2) the term ‘Commission’ means the Federal Com- munications 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 heading ‘SALARIES AND EXPENSES’ under the heading ‘FEDERAL COMMUNICATIONS COM- MISSION’ under the heading ‘INDEPENDENT AGEN- CIES’ in title V of division B of the CARES Act (Pub- lic Law 116–136; 134 Stat. 531). ‘‘(b) ADDITIONAL APPROPRIATION.—Out of amounts in the Treasury not otherwise appropriated, there is ap- propriated $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 Gen- eral 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 sec- tion; and ‘‘(ii) how the Commission should treat applica- tions 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 com- mits 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 fea- sible, the Commission shall ensure, in providing as- sistance under the COVID–19 Telehealth Program from amounts made available under subsection (b), 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 Pro- gram, unless there is no such applicant eligible for such assistance in a State or in the District of Co- lumbia, 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 Com- mission 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 Tele- health 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 defi- cient and rejected applications; ‘‘(2) non-identifiable and aggregated data on appli- cations for which no award determination was made; ‘‘(3) information on the total number of applicants; ‘‘(4) information on the total dollar amount of re- quests for awards made under this section; and ‘‘(5) information on applicant outreach and tech- nical 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 DATA Pub. 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 Job 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 Com- munications 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 fre- quency 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. ‘‘(b) 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 col- lection 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 (b) shall— ‘‘(1) contain standard definitions for different avail- able 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 collec- tion.’’ DISCLAIMERS REGARDING INTERNET ACCESS AND PRIVACY Pub. 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 sec- ondary school, or library from blocking access on the Internet on computers owned or operated by that agen- cy, school, or library to any content other than content covered by this title or the amendments made by this title. Page 109 TITLE 47—TELECOMMUNICATIONS § 256 1 See References in Text note below. ‘‘(b) 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 REVIEW Pub. 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.—Not- withstanding any other provision of law, any civil ac- tion 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 there- of, shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28, United States Code. ‘‘(b) APPELLATE REVIEW.—Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an ac- tion under subsection (a) holding this title or an amendment made by this title, or any provision there- of, 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 SCHEDULE Pub. 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 pay- ments by telecommunications carriers and other pro- viders of interstate telecommunications prior to repeal by Pub. L. 105–119, title VI, § 622, Nov. 26, 1997, 111 Stat. 2521. Section 622 of Pub. L. 105–119 provided further that: ‘‘This section shall be deemed a section of the Balanced Budget Act of 1997 [Pub. 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.’’ § 255. Access by persons with disabilities (a) Definitions As used in this section— (1) Disability The term ‘‘disability’’ has the meaning given to it by section 12102(2)(A) 1 of title 42. (2) Readily achievable The term ‘‘readily achievable’’ has the meaning given to it by section 12181(9) of title 42. (b) Manufacturing A manufacturer of telecommunications equip- ment or customer premises equipment shall en- sure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achiev- able. (c) Telecommunications services A provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable. (d) Compatibility Whenever the requirements of subsections (b) and (c) are not readily achievable, such a manu- facturer or provider shall ensure that the equip- ment or service is compatible with existing pe- ripheral devices or specialized customer prem- ises equipment commonly used by individuals with disabilities to achieve access, if readily achievable. (e) Guidelines Within 18 months after February 8, 1996, the Architectural and Transportation Barriers Com- pliance Board shall develop guidelines for acces- sibility of telecommunications equipment and customer premises equipment in conjunction with the Commission. The Board shall review and update the guidelines periodically. (f) No additional private rights authorized Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section or any regula- tion thereunder. The Commission shall have ex- clusive jurisdiction with respect to any com- plaint under this section. (June 19, 1934, ch. 652, title II, § 255, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 75.) Editorial Notes REFERENCES IN TEXT Section 12102 of title 42, referred to in subsec. (a)(1), was amended generally by Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555, and, as so amended, provisions formerly appearing in par. (2)(A) are now contained in par. (1)(A). § 256. Coordination for interconnectivity (a) Purpose It is the purpose of this section— (1) to promote nondiscriminatory accessi- bility by the broadest number of users and vendors of communications products and serv- ices to public telecommunications networks used to provide telecommunications service through— (A) coordinated public telecommuni- cations network planning and design by tele- communications carriers and other pro- viders of telecommunications service; and (B) public telecommunications network interconnectivity, and interconnectivity of devices with such networks used to provide telecommunications service; and (2) to ensure the ability of users and infor- mation providers to seamlessly and trans- parently transmit and receive information be- tween and across telecommunications net- works. (b) Commission functions In carrying out the purposes of this section, the Commission— (1) shall establish procedures for Commis- sion oversight of coordinated network plan- ning by telecommunications carriers and other providers of telecommunications service for the effective and efficient interconnection of public telecommunications networks used to provide telecommunications service; and (2) may participate, in a manner consistent with its authority and practice prior to Feb- ruary 8, 1996, in the development by appro- priate industry standards-setting organiza-