47 U.S.C. § 1305 — Untitled legal text

Page 422 TITLE 47—TELECOMMUNICATIONS § 1305 Commission based on the Form 477 submis- sions of broadband service providers. (2) Limitation Notwithstanding any provision of Federal or State law to the contrary, an eligible entity shall treat any matter that is a trade secret, commercial or financial information, or privi- leged or confidential, as a record not subject to public disclosure except as otherwise mutu- ally agreed to by the broadband service pro- vider and the eligible entity. This paragraph applies only to information submitted by the Commission or a broadband provider to carry out the provisions of this chapter and shall not otherwise limit or affect the rules gov- erning public disclosure of information col- lected by any Federal or State entity under any other Federal or State law or regulation. (i) Definitions In this section: (1) Commission The term ‘‘Commission’’ means the Federal Communications Commission. (2) Eligible entity The term ‘‘eligible entity’’ means— (A) an entity that is either— (i) an agency or instrumentality of a State, or a municipality or other subdivi- sion (or agency or instrumentality of a municipality or other subdivision) of a State; (ii) a nonprofit organization that is de- scribed in section 501(c)(3) of title 26 and that is exempt from taxation under section 501(a) of such title; or (iii) an independent agency or commis- sion in which an office of a State is a member on behalf of the State; and (B) is the single eligible entity in the State that has been designated by the State to receive a grant under this section. (j) No regulatory authority Nothing in this section shall be construed as giving any public or private entity established or affected by this chapter any regulatory juris- diction or oversight authority over providers of broadband services or information technology. (Pub. L. 110–385, title I, § 106, Oct. 10, 2008, 122 Stat. 4099.) § 1305. Broadband Technology Opportunities Program (a) Establishment The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission), shall establish a national broadband service de- velopment and expansion program in conjunc- tion with the technology opportunities program, which shall be referred to as the Broadband Technology Opportunities Program. The Assist- ant Secretary shall ensure that the program complements and enhances and does not conflict with other Federal broadband initiatives and programs. (b) Purposes The purposes of the program are to— (1) provide access to broadband service to consumers residing in unserved areas of the United States; (2) provide improved access to broadband service to consumers residing in underserved areas of the United States; (3) provide broadband education, awareness, training, access, equipment, and support to— (A) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, and other community support organizations and entities to facilitate greater use of broadband service by or through these orga- nizations; (B) organizations and agencies that pro- vide outreach, access, equipment, and sup- port services to facilitate greater use of broadband service by low-income, unem- ployed, aged, and otherwise vulnerable popu- lations; and (C) job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Renewal Community or Empowerment Zone des- ignated by the Department of Housing and Urban Development, or Enterprise Commu- nity designated by the Department of Agri- culture; (4) improve access to, and use of, broadband service by public safety agencies; and (5) stimulate the demand for broadband, eco- nomic growth, and job creation. (c) Consultation with States The Assistant Secretary may consult a State, the District of Columbia, or territory or posses- sion of the United States with respect to— (1) the identification of areas described in subsection (b)(1) or (2) located in that State; and (2) the allocation of grant funds within that State for projects in or affecting the State. (d) Duties of Assistant Secretary The Assistant Secretary shall— (1) establish and implement the grant pro- gram as expeditiously as practicable; (2) ensure that all awards are made before the end of fiscal year 2010; (3) seek such assurances as may be necessary or appropriate from grantees under the pro- gram that they will substantially complete projects supported by the program in accord- ance with project timelines, not to exceed 2 years following an award; and (4) report on the status of the program to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, every 90 days. (e) Eligibility To be eligible for a grant under the program, an applicant shall— (1)(A) be a State or political subdivision thereof, the District of Columbia, a territory Page 423 TITLE 47—TELECOMMUNICATIONS § 1305 or possession of the United States, an Indian tribe (as defined in section 5304 of title 25) or native Hawaiian organization; (B) a nonprofit— (i) foundation, (ii) corporation, (iii) institution, or (iv) association; or (C) any other entity, including a broadband service or infrastructure provider, that the As- sistant Secretary finds by rule to be in the public interest. In establishing such rule, the Assistant Secretary shall to the extent prac- ticable promote the purposes of this section in a technologically neutral manner; (2) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require; (3) provide a detailed explanation of how any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, includ- ing a showing that the project would not have been implemented during the grant period without Federal grant assistance; (4) demonstrate, to the satisfaction of the Assistant Secretary, that it is capable of car- rying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws; (5) demonstrate, to the satisfaction of the Assistant Secretary, that it will appropriate (if the applicant is a State or local govern- ment agency) or otherwise unconditionally ob- ligate, from non-Federal sources, funds re- quired to meet the requirements of subsection (f); (6) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant re- ceives, or has applied for, funding for activi- ties or projects to which the application re- lates; and (7) provide such assurances and procedures as the Assistant Secretary may require to en- sure that grant funds are used and accounted for in an appropriate manner. (f) Federal share The Federal share of any project may not ex- ceed 80 percent, except that the Assistant Sec- retary may increase the Federal share of a project above 80 percent if— (1) the applicant petitions the Assistant Sec- retary for a waiver; and (2) the Assistant Secretary determines that the petition demonstrates financial need. (g) Authorization to make grants; purposes The Assistant Secretary may make competi- tive grants under the program to— (1) acquire equipment, instrumentation, net- working capability, hardware and software, digital network technology, and infrastruc- ture for broadband services; (2) construct and deploy broadband service related infrastructure; (3) ensure access to broadband service by community anchor institutions; (4) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations; (5) construct and deploy broadband facilities that improve public safety broadband commu- nications services; and (6) undertake such other projects and activi- ties as the Assistant Secretary finds to be con- sistent with the purposes for which the pro- gram is established. (h) Factors considered in award of grants The Assistant Secretary, in awarding grants under this section, shall, to the extent prac- tical— (1) award not less than 1 grant in each State; (2) consider whether an application to deploy infrastructure in an area— (A) will, if approved, increase the afford- ability of, and subscribership to, service to the greatest population of users in the area; (B) will, if approved, provide the greatest broadband speed possible to the greatest population of users in the area; (C) will, if approved, enhance service for health care delivery, education, or children to the greatest population of users in the area; and (D) will, if approved, not result in unjust enrichment as a result of support for non-re- curring costs through another Federal pro- gram for service in the area; and (3) consider whether the applicant is a so- cially and economically disadvantaged small business concern as defined under section 637(a) of title 15. (i) Reporting and information requirements; deobligation of awards; Internet disclosure The Assistant Secretary— (1) shall require any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entity’s use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall make these reports available to the public; (2) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section; (3) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any use of funds made available pursuant to this section; (4) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of per- formance, or wasteful or fraudulent spending, as defined in advance by the Assistant Sec- retary, and award these funds competitively to new or existing applicants consistent with this section; and (5) shall create and maintain a fully search- able database, accessible on the Internet at no cost to the public, that contains at least a list of each entity that has applied for a grant under this section, a description of each appli- cation, the status of each such application, the name of each entity receiving funds made Page 424 TITLE 47—TELECOMMUNICATIONS § 1306 available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other infor- mation sufficient to allow the public to under- stand and monitor grants awarded under the program. (j) Publication of contractual conditions Concurrent with the issuance of the Request for Proposal for grant applications pursuant to this section, the Assistant Secretary shall, in coordination with the Commission, publish the non-discrimination and network interconnec- tion obligations that shall be contractual condi- tions of grants awarded under this section, in- cluding, at a minimum, adherence to the prin- ciples contained in the Commission’s broadband policy statement (FCC 05-15, adopted August 5, 2005). (k) National broadband plan (1) Not later than 1 year after February 17, 2009, the Commission shall submit to the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate, a report containing a national broadband plan. (2) The national broadband plan required by this section shall seek to ensure that all people of the United States have access to broadband capability and shall establish benchmarks for meeting that goal. The plan shall also include— (A) an analysis of the most effective and effi- cient mechanisms for ensuring broadband ac- cess by all people of the United States; (B) a detailed strategy for achieving afford- ability of such service and maximum utiliza- tion of broadband infrastructure and service by the public; (C) an evaluation of the status of deploy- ment of broadband service, including progress of projects supported by the grants made pur- suant to this section; and (D) a plan for use of broadband infrastruc- ture and services in advancing consumer wel- fare, civic participation, public safety and homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth, and other national purposes. (3) In developing the plan, the Commission shall have access to data provided to other Gov- ernment agencies under the Broadband Data Im- provement Act [47 U.S.C. 1301 et seq.]. (l) Map of service availability and capability The Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that de- picts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State. Not later than 2 years after February 17, 2009, the Assistant Secretary shall make the broadband inventory map devel- oped and maintained pursuant to this section accessible by the public on a World Wide Web site of the National Telecommunications and In- formation Administration in a form that is interactive and searchable. (m) Regulations The Assistant Secretary shall have the au- thority to prescribe such rules as are necessary to carry out the purposes of this section. (Pub. L. 111–5, div. B, title VI, § 6001, Feb. 17, 2009, 123 Stat. 512.) Editorial Notes REFERENCES IN TEXT The Broadband Data Improvement Act, referred to in subsec. (k)(3), is title I of Pub. L. 110–385, Oct. 10, 2008, 122 Stat. 4096, which is classified generally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. CODIFICATION Section was enacted as part of the American Recov- ery and Reinvestment Act of 2009, and not as part of the Broadband Data Improvement Act which comprises this chapter. Statutory Notes and Related Subsidiaries GRANTS FOR BROADBAND CONNECTIVITY Pub. L. 116–260, div. N, title IX, § 905, Dec. 27, 2020, 134 Stat. 2136, which provided for grants for certain broadband connectivity programs, was transferred to section 1705 of this title. § 1306. Connecting minority communities (a) Definitions In this section: (1) Anchor community (A) In general The term ‘‘anchor community’’ means any area that— (i) except as provided in subparagraph (B), is not more than 15 miles from a his- torically Black college or university, a Tribal College or University, or a Minor- ity-serving institution; and (ii) has an estimated median annual household income of not more than 250 percent of the poverty line, as that term is defined in section 9902(2) of title 42. (B) Certain Tribal Colleges or Universities With respect to a Tribal College or Univer- sity that is located on land held in trust by the United States, the Assistant Secretary, in consultation with the Secretary of the In- terior, may establish a different maximum distance for the purposes of subparagraph (A)(i) if the Assistant Secretary is able to ensure that, in establishing that different maximum distance, each anchor community that is established as a result of that action is statistically comparable to other anchor communities described in subparagraph (A). (2) Assistant Secretary The term ‘‘Assistant Secretary’’ means the Assistant Secretary of Commerce for Commu- nications and Information. (3) Broadband internet access service The term ‘‘broadband internet access serv- ice’’ has the meaning given the term in sec-