47 U.S.C. § 1608 — Definitions

Page 467 TITLE 47—TELECOMMUNICATIONS § 1608 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 1607. NTIA program for preventing future vulnerabilities (a) Future vulnerability program (1) Establishment Not later than 120 days after March 12, 2020, including an opportunity for notice and com- ment, the Assistant Secretary, in cooperation with the Director of National Intelligence, the Director of the Federal Bureau of Investiga- tion, the Secretary of Homeland Security, and the Commission, shall establish a program to share information regarding supply chain se- curity risks with trusted providers of ad- vanced communications service and trusted suppliers of communications equipment or services. (2) Activities In carrying out the program established under paragraph (1), the Assistant Secretary shall— (A) conduct regular briefings and other events to share information with trusted providers of advanced communications serv- ice and trusted suppliers of communications equipment or services; (B) engage with trusted providers of ad- vanced communications service and trusted suppliers of communications equipment or services, in particular such providers and suppliers that— (i) are small businesses; or (ii) primarily serve rural areas; (C) not later than 180 days after March 12, 2020, submit to the Committee on Energy and Commerce of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a plan for— (i) declassifying material, when feasible, to help share information regarding supply chain security risks with trusted providers of advanced communications service and trusted suppliers of communications equipment or services; and (ii) expediting and expanding the provi- sion of security clearances to facilitate in- formation sharing regarding supply chain security risks with trusted providers of ad- vanced communications service and trust- ed suppliers of communications equipment or services; and (D) ensure that the activities carried out through the program are consistent with and, to the extent practicable, integrated with, ongoing activities of the Department of Homeland Security and the Department of Commerce. (3) Scope of program The program established under paragraph (1) shall involve only the sharing of information regarding supply chain security risks by the Federal Government to trusted providers of advanced communications service and trusted suppliers of communications equipment or services, and not the sharing of such informa- tion by such providers and suppliers to the Federal Government. (b) Representation on CSRIC of interests of pub- lic and consumers (1) In general The Commission shall appoint to the Com- munications Security, Reliability, and Inter- operability Council (or any successor thereof), and to each subcommittee, workgroup, or other subdivision of the Council (or any such successor), at least one member to represent the interests of the public and consumers. (2) Initial appointments The Commission shall make the initial ap- pointments required by paragraph (1) not later than 180 days after March 12, 2020. Any mem- ber so appointed shall be in addition to the members of the Council, or the members of the subdivision of the Council to which the ap- pointment is being made, as the case may be, as of March 12, 2020. (c) Definitions In this section: (1) Assistant Secretary The term ‘‘Assistant Secretary’’ means the Assistant Secretary of Commerce for Commu- nications and Information. (2) Foreign adversary The term ‘‘foreign adversary’’ means any foreign government or foreign nongovernment person engaged in a long-term pattern or seri- ous instances of conduct significantly adverse to the national security of the United States or security and safety of United States per- sons. (3) Supply chain security risk The term ‘‘supply chain security risk’’ in- cludes specific risk and vulnerability informa- tion related to equipment and software. (4) Trusted The term ‘‘trusted’’ means, with respect to a provider of advanced communications service or a supplier of communications equipment or service, that the Assistant Secretary has de- termined that such provider or supplier is not owned by, controlled by, or subject to the in- fluence of a foreign adversary. (Pub. L. 116–124, § 8, Mar. 12, 2020, 134 Stat. 168.) § 1608. Definitions In this chapter: (1) Advanced communications service The term ‘‘advanced communications serv- ice’’ has the meaning given the term ‘‘ad- vanced telecommunications capability’’ in section 1302 of this title. (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; Page 468 TITLE 47—TELECOMMUNICATIONS § 1609 (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 com- munications service. (5) Covered communications equipment or service The term ‘‘covered communications equip- ment or service’’ means any communications equipment or service that is on the list pub- lished by the Commission under section 1601(a) of this title. (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 de- fined in section 153 of this title) of such pro- vider. (7) Executive branch interagency body The term ‘‘executive branch interagency body’’ means an interagency body established in the executive branch. (8) Person The term ‘‘person’’ means an individual or entity. (9) Program The term ‘‘Program’’ means the Secure and Trusted Communications Networks Reim- bursement Program established under section 1603(a) of this title. (10) Provider of advanced communications service The term ‘‘provider of advanced communica- tions service’’— (A) means a person who provides advanced communications service to United States customers; and (B) includes— (i) accredited public or private non- commercial educational institutions, pro- viding their own facilities-based edu- cational broadband service, as defined in section 27.4 of title 47, Code of Federal Regulations, or any successor regulation; and (ii) health care providers and libraries providing advanced communications serv- ice. (11) Recipient The term ‘‘recipient’’ means any provider of advanced communications service the applica- tion of which for a reimbursement under the Program has been approved by the Commis- sion, regardless of whether the provider has re- ceived reimbursement funds. (12) Reimbursement funds The term ‘‘reimbursement funds’’ means any reimbursement received under the Program. (Pub. L. 116–124, § 9, Mar. 12, 2020, 134 Stat. 169; Pub. L. 116–260, div. N, title IX, § 901(2), Dec. 27, 2020, 134 Stat. 2121.) Editorial Notes AMENDMENTS 2020—Par. (10). Pub. L. 116–260 amended par. (10) gen- erally. Prior to amendment, text read as follows: ‘‘The term ‘provider of advanced communications service’ means a person who provides advanced communica- tions service to United States customers.’’ § 1609. Severability If any provision of this chapter, or the applica- tion of such a provision to any person or cir- cumstance, is held to be unconstitutional, the remaining provisions of this chapter, and the ap- plication of such provisions to any person or cir- cumstance, shall not be affected thereby. (Pub. L. 116–124, § 10, Mar. 12, 2020, 134 Stat. 170.) CHAPTER 16—BROADBAND ACCESS SUBCHAPTER I—BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO, AND TERRITORIES Sec. 1701. Findings. 1702. Grants for broadband deployment. 1703. Broadband DATA maps. 1704. Broadband Deployment Locations Map. 1705. Grants for broadband connectivity. SUBCHAPTER II—DIGITAL EQUITY ACT OF 2021 1721. Definitions. 1722. Sense of Congress. 1723. State Digital Equity Capacity Grant Pro- gram. 1724. Digital Equity Competitive Grant Program. 1725. Policy research, data collection, analysis and modeling, evaluation, and dissemination. 1726. General provisions. SUBCHAPTER III—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE 1741. Enabling middle mile broadband infrastruc- ture. SUBCHAPTER IV—BROADBAND AFFORDABILITY 1751. Definitions. 1752. Benefit for broadband service. 1753. Adoption of consumer broadband labels. 1754. Digital discrimination. SUBCHAPTER I—BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUER- TO RICO, AND TERRITORIES § 1701. Findings Congress finds the following: (1) Access to affordable, reliable, high-speed broadband is essential to full participation in modern life in the United States. (2) The persistent ‘‘digital divide’’ in the United States is a barrier to the economic competitiveness of the United States and equi- table distribution of essential public services, including health care and education. (3) The digital divide disproportionately af- fects communities of color, lower-income areas, and rural areas, and the benefits of broadband should be broadly enjoyed by all. (4) In many communities across the country, increased competition among broadband pro-