47 U.S.C. § 392 — Grants for construction

Page 229 TITLE 47—TELECOMMUNICATIONS § 392 § 391. Authorization of appropriations There are authorized to be appropriated $42,000,000 for each of the fiscal years 1992, 1993, and 1994, to be used by the Secretary of Com- merce to assist in the planning and construction of public telecommunications facilities as pro- vided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the Secretary pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the Secretary to cover the cost of administering the provisions of this subpart. (June 19, 1934, ch. 652, title III, § 391, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90–129, title I, § 101, Nov. 7, 1967, 81 Stat. 365; Pub. L. 91–97, § 2, Oct. 27, 1969, 83 Stat. 146; Pub. L. 92–411, § 2, Aug. 29, 1972, 86 Stat. 643; Pub. L. 93–84, § 1(c), Aug. 6, 1973, 87 Stat. 219; Pub. L. 94–309, § 3, June 5, 1976, 90 Stat. 683; Pub. L. 95–567, title I, § 102, Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97–35, title XII, § 1222, Aug. 13, 1981, 95 Stat. 725; Pub. L. 99–272, title V, § 5001(a), Apr. 7, 1986, 100 Stat. 117; Pub. L. 100–626, § 2, Nov. 7, 1988, 102 Stat. 3207; Pub. L. 102–356, § 2, Aug. 26, 1992, 106 Stat. 949.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–356 substituted provisions author- izing appropriations of $42,000,000 for each of the fiscal years 1992, 1993, and 1994 for provisions authorizing ap- propriations of $40,000,000 for each of the fiscal years 1979, 1980, and 1981, $20,000,000 for fiscal year 1982, $15,000,000 for fiscal year 1983, $12,000,000 for fiscal year 1984, $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year 1987, $32,000,000 for fiscal year 1988, $36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990, and $42,000,000 for fiscal year 1991. 1988—Pub. L. 100–626 struck out ‘‘and’’ after ‘‘fiscal year 1987,’’ and inserted ‘‘$36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990, and $42,000,000 for fiscal year 1991,’’ after ‘‘fiscal year 1988,’’. 1986—Pub. L. 99–272 struck out ‘‘and’’ after ‘‘1983,’’ and inserted ‘‘, $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year 1987, and $32,000,000 for fiscal year 1988,’’ after ‘‘1984,’’. 1981—Pub. L. 97–35 inserted provisions authorizing ap- propriations for fiscal years 1982, 1983, and 1984 of $20,000,000, $15,000,000, and $12,000,000, respectively. 1978—Pub. L. 95–567 substituted provisions author- izing appropriations of $40,000,000 for fiscal years 1979 to 1981 for provisions authorizing appropriations of $7,500,000 for July 1, 1976 through September 30, 1976 and $30,000,000 for fiscal year ending September 30, 1977, pro- vision that such funds would remain available until ex- pended for provision that such funds would remain available for one year after the last day of the fiscal year, and also made allowance for the funds to be used for the cost of administering this section. 1976—Pub. L. 94–309 substituted provision authorizing appropriation of $7,500,000 for period July 1, 1976, through September 30, 1976, and $30,000,000 for fiscal year ending September 30, 1977, to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities as provided in this subpart and provision that sums ap- propriated under this section for any fiscal year or pe- riod shall remain available for payment of grants for projects for which applications approved under section 392 of this title have been submitted under such section within one year after the last day of such fiscal year or period for provision authorizing appropriation for fiscal year ending June 30, 1974 and for the succeeding fiscal year such sums not to exceed $25,000,000 for fiscal year ending June 30, 1974, and $30,000,000 for the succeeding fiscal year, as may be necessary to carry out the pur- poses of section 390 of this title and provision that sums appropriated under this section for any fiscal year shall remain available for payment of grants for projects for which applications approved under section 392 of this title have been submitted under such section prior to the end of the succeeding fiscal year, respec- tively. 1973—Pub. L. 93–84 substituted authorization of ap- propriation of amounts not exceeding $25,000,000 and $30,000,000 for fiscal year ending June 30, 1974 and the succeeding fiscal year, respectively, for authorization of appropriation of amount not exceeding $25,000,000 for fiscal year ending June 30, 1973. 1972—Pub. L. 92–411 substituted authorization of ap- propriation of $25,000,000 for fiscal year ending June 30, 1973, for authorization of $15,000,000 for such year, and struck out authorization of appropriations for fiscal years 1963 to 1972. 1969—Pub. L. 91–97 authorized appropriations of $15,000,000 for fiscal year ending June 30, 1971, and for each of the two succeeding fiscal years, and extended date for submission of applications from ‘‘prior to July 1, 1971’’ to ‘‘prior to July 1, 1974’’. 1967—Pub. L. 90–129 authorized appropriations of $10,500,000, and $12,500,000, and $15,000,000 for fiscal years ending June 30, 1968, 1969, and 1970, and extended date for submission of applications from ‘‘prior to July 1, 1968’’, to ‘‘prior to July 1, 1971’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–626, § 12, Nov. 7, 1988, 102 Stat. 3212, pro- vided that: ‘‘This Act and the amendments made by this Act [amending this section and sections 396, 398, 399, and 605 of this title and enacting provisions set out as notes under sections 396 and 609 of this title] are ef- fective on the date of enactment of this Act [Nov. 7, 1988], except that the amendments made by sections 6 and 7(d) [amending section 396 of this title] are effec- tive on October 1, 1989.’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–567 effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as a note under section 390 of this title. § 392. Grants for construction (a) Applications for grants For each project for the construction of public telecommunications facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may require, in- cluding the total cost of such project, the amount of the grant requested for such project, and a 5-year plan outlining the applicant’s pro- jected facilities requirements and the projected costs of such facilities requirements. Each appli- cant shall also provide assurances satisfactory to the Secretary that— (1) the applicant is (A) a public broadcast station; (B) a noncommercial telecommuni- cations entity; (C) a system of public tele- communications entities; (D) a nonprofit foun- dation, corporation, institution, or association organized primarily for educational or cul- tural purposes; or (E) a State or local govern- ment (or any agency thereof), or a political or special purpose subdivision of a State; Page 230 TITLE 47—TELECOMMUNICATIONS § 392 (2) the operation of such public tele- communications facilities will be under the control of the applicant; (3) necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed; (4) such public telecommunications facilities will be used primarily for the provision of pub- lic telecommunications services, and that the use of such public telecommunications facili- ties for purposes other than the provision of public telecommunications services will not interfere with the provision of such public telecommunications services as required in this part; (5) the applicant has participated in com- prehensive planning for such public tele- communications facilities in the area which the applicant proposes to serve, and such plan- ning has included an evaluation of alternate technologies and coordination with State edu- cational television and radio agencies, as ap- propriate; and (6) the applicant will make the most effi- cient use of the grant. (b) Amount of grant Upon approving any application under this section with respect to any project for the con- struction of public telecommunications facili- ties, the Secretary shall make a grant to the ap- plicant in an amount determined by the Sec- retary, except that such amount shall not ex- ceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of such project. (c) Information and assurances The Secretary may provide such funds as the Secretary deems necessary for the planning of any project for which construction funds may be obtained under this section. An applicant for a planning grant shall provide such information with respect to such project as the Secretary may require and shall provide assurances satis- factory to the Secretary that the applicant meets the eligible requirements of subsection (a) to receive construction assistance. (d) Studies Any studies conducted by or for any grant re- cipient under this section shall be provided to the Secretary, if such studies are conducted through the use of funds received under this sec- tion. (e) Rules and regulations The Secretary shall establish such rules and regulations as may be necessary to carry out this subpart, including rules and regulations re- lating to the order of priority in approving ap- plications for construction projects and relating to determining the amount of each grant for such projects. (f) Minorities and women In establishing criteria for grants pursuant to section 393 of this title and in establishing pro- cedures relating to the order of priority estab- lished in subsection (e) in approving applica- tions for grants, the Secretary shall give special consideration to applications which would in- crease minority and women’s ownership of, oper- ation of, and participation in public tele- communications entities. The Secretary shall take affirmative steps to inform minorities and women of the availability of funds under this subpart, and the localities where new public telecommunications facilities are needed, and to provide such other assistance and information as may be appropriate. (g) Recovering funds If, within 10 years after completion of any project for construction of public telecommuni- cations facilities with respect to which a grant has been made under this section— (1) the applicant or other owner of such fa- cilities ceases to be an agency, institution, foundation, corporation, association, or other entity described in subsection (a)(1); or (2) such facilities cease to be used primarily for the provision of public telecommunications services (or the use of such public tele- communications facilities for purposes other than the provision of public telecommuni- cations services interferes with the provision of such public telecommunications services as required in this part); the United States shall be entitled to recover from the applicant or other owner of such facili- ties the amount bearing the same ratio to the value of such facilities at the time the applicant ceases to be such an entity or at the time of such determination (as determined by agree- ment of the parties or by action brought in the United States district court for the district in which such facilities are situated), as the amount of the Federal participation bore to the cost of construction of such facilities. (h) Recordkeeping requirements Each recipient of assistance under this sub- part shall keep such records as may be reason- ably necessary to enable the Secretary to carry out the functions of the Secretary under this subpart, including a complete and itemized in- ventory of all public telecommunications facili- ties under the control of such recipient, and rec- ords which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project in connection with which such assistance is given or used, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. (i) Accessibility of records The Secretary and the Comptroller General of the United States, or any of their duly author- ized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any recipient of assistance under this subpart that are perti- nent to assistance received under this subpart. (June 19, 1934, ch. 652, title III, § 392, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90–129, title I, §§ 102, 103(b)–(e), 104, Nov. 7, 1967, 81 Stat. 365–367; Pub. L. 94–309, § 4, June 5, 1976, 90 Stat. 683; Pub. L. 95–567, title I, § 103(a), Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97–35, title XII, § 1223, Aug. 13, 1981, 95 Stat. 725.) Page 231 TITLE 47—TELECOMMUNICATIONS § 392 Editorial Notes AMENDMENTS 1981—Subsec. (a)(4). Pub. L. 97–35, § 1223(a), inserted provisions relating to noninterference of facilities with services required under this part, and substituted ‘‘pri- marily’’ for ‘‘only’’. Subsec. (g)(2). Pub. L. 97–35, § 1223(b), substituted ‘‘primarily’’ for ‘‘only’’, and provisions relating to in- terference of uses of facilities for provisions relating to good cause for release of applicant or owner from re- quirements. 1978—Pub. L. 95–567 completely revised and restruc- tured existing provisions, inserting provisions requir- ing applicant to submit a 5 year plan, allowing non- profit educational or cultural groups to apply for grants, authorizing the Secretary to make grants up to 75 percent of the cost, establishing rules and regula- tions for approving grants and administering grants made before, on or after Nov. 2, 1978, and striking out provisions for an 81⁄2 percent limit on grants and cri- teria for awarding grants. 1976—Subsec. (a)(1)(C). Pub. L. 94–309, § 4(a), sub- stituted ‘‘a public or private nonprofit college or uni- versity or other educational or cultural institution which is affiliated with an eligible college or univer- sity’’ for ‘‘a college or university deriving its support in whole or in part from tax revenues’’. Subsec. (d). Pub. L. 94–309, § 4(b), substituted separate provisions relating to grant criteria for television and for radio in place of single provision that Secretary shall base his determinations of whether to approve ap- plications for grants and the amount of grants on cri- teria set forth in regulations and designed to achieve, with respect to noncommercial educational television channels, prompt and effective use of all such channels remaining available and, with respect to noncommer- cial educational television and radio broadcasting fa- cilities, equitable geographical distribution of such fa- cilities throughout the States and provision of such fa- cilities which will serve the greatest number of persons in as many areas as possible and which are adaptable to the broadest educational uses. 1967—Subsec. (a). Pub. L. 90–129, § 103(b)(1), inserted ‘‘noncommercial’’ and ‘‘or radio’’ in introductory text. Subsec. (a)(1)(B). Pub. L. 90–129, § 103(b)(2), required the State educational television agency applicant for a television facilities project to be a noncommercial agency and inserted requirement that applicant for a radio facilities project be a State educational radio agency. Subsec. (a)(1)(D). Pub. L. 90–129, § 103(b)(3), designated existing provisions as cl. (i), made such cl. (i) applica- ble to television facilities projects and noncommercial television, and added cl. (ii) and provision for applicant meeting both television and radio broadcasting require- ments. Subsec. (a)(1)(E). Pub. L. 90–129, § 103(b)(4), added cl. (E). Subsec. (a)(2) to (4). Pub. L. 90–129, § 103(b)(5), struck out ‘‘television’’ before ‘‘broadcasting facilities’’ wher- ever appearing. Subsec. (a)(5). Pub. L. 90–129, § 103(b)(6), added par. (5). Subsec. (b). Pub. L. 90–129, § 102, substituted limita- tion on grants for construction of noncommercial edu- cational television and radio broadcasting facilities in any State to 81⁄2 per centum of fiscal year appropriation for former $1,000,000 limitation for construction of edu- cational television broadcasting facilities in any State. Subsec. (c). Pub. L. 90–129, § 103(c), designated existing provisions as par. (1), restricted such provisions to non- commercial educational television broadcasting facili- ties, and added par. (2). Subsec. (d). Pub. L. 90–129, § 103(d), inserted in cls. (2) and (3) ‘‘noncommercial’’ and ‘‘or noncommercial edu- cational radio broadcasting facilities, as the case may be,’’ before and after ‘‘educational television broad- casting facilities’’, respectively. Subsec. (e). Pub. L. 90–129, § 104, increased the max- imum Federal share in the cost of constructing edu- cational broadcasting facilities from 50 to 75 percent, eliminated the additional credit, formerly allowed the grantee, of 25 percent of the cost of facilities owned by the applicant on the date his application is filed, elimi- nated the prohibition against using not more than 15 percent of a grant for the acquisition and installation of interconnection facilities, microwave equipment, boosters, translators, and repeaters, and provided for payment of cost of the project from the sum available therefor. Subsec. (f). Pub. L. 90–129, § 103(e), inserted ‘‘or radio’’ in introductory text and, in par. (2), ‘‘noncommercial’’ and ‘‘or noncommercial educational radio purposes, as the case may be’’ before and after ‘‘educational tele- vision purposes’’, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–567 effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as a note under section 390 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Pub. L. 90–129, title I, § 102, Nov. 7, 1967, 81 Stat. 365, provided that the amendment made by section 102 is ef- fective with respect to grants made from appropria- tions for any fiscal year beginning after June 30, 1967. ADMINISTRATION OF GRANTS Pub. L. 95–567, title I, § 103(b), Nov. 2, 1978, 92 Stat. 2407, provided that: ‘‘(1) The provisions of section 392(g) of the Commu- nications Act of 1934 [subsec. (g) of this section], as added by subsection (a), shall apply to any grant made under section 392 of such Act [this section] before, on, or after the date of the enactment of this Act [Nov. 2, 1978]. Any authority and responsibilities of the Sec- retary of Health, Education, and Welfare regarding the administration of such grants are hereby transferred to the Secretary of Commerce. ‘‘(2) Subject to the provisions of section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], the following are hereby transferred to the Secretary of Commerce for appro- priate allocation— ‘‘(A) the personnel employed in connection with or in support of, or as an integral part of the mission of, the functions transferred to the Secretary of Com- merce from the Secretary of Health, Education, and Welfare by paragraph (1); and ‘‘(B) the assets, liabilities, contracts, property, rec- ords, and unexpended balances of appropriations, al- locations, and other funds employed, held, used, aris- ing from, available for, or to be made available for, or in connection with, the functions described in sub- paragraph (A). Unexpended funds transferred pursuant to this para- graph shall be used only for the purposes for which the funds originally were authorized and appropriated. ‘‘(3) The Director of the Office of Management and Budget, in consultation with the Secretary of Com- merce and the Secretary of Health, Education, and Welfare, shall— ‘‘(A) make such determinations as may be nec- essary with regard to the transfer of the functions transferred to the Secretary of Commerce from the Secretary of Health, Education, and Welfare by para- graph (1); and ‘‘(B) make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, arising from, available for, or to be made available for, or in connection with, the functions described in subparagraph (A); as the Director may deem necessary to accomplish the purposes of this Act [see Short Title of 1978 Amend- ment note set out under section 609 of this title] and the amendments made by this Act.’’ Page 232 TITLE 47—TELECOMMUNICATIONS § 392a § 392a. Repealed. Pub. L. 95–567, title II, § 201, Nov. 2, 1978, 92 Stat. 2409 Section, act June 19, 1934, ch. 652, title III, § 392A, as added June 5, 1976, Pub. L. 94–309, § 8, 90 Stat. 685, re- lated to demonstrations of telecommunications, grants and contracts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as an Effective Date of 1978 Amendment note under section 390 of this title. § 393. Criteria for approval and expenditures by Secretary (a) Construction and planning grants The Secretary, in consultation with the Cor- poration, public telecommunications entities, and as appropriate with others, shall establish criteria for making construction and planning grants. Such criteria shall be consistent with the objectives and provisions set forth in this subpart, and shall be made available to inter- ested parties upon request. (b) Basis for determination The Secretary shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to sub- section (a) and designed to achieve— (1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications serv- ices; (2) the expansion of the service areas of ex- isting public telecommunications entities; (3) the development of public telecommuni- cations facilities owned by, operated by, and available to minorities and women; and (4) the improvement of the capabilities of ex- isting public broadcast stations to provide public telecommunications services, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals. (c) Noncommercial radio broadcast station facili- ties Of the sums appropriated pursuant to section 391 of this title for any fiscal year, a substantial amount shall be available for the expansion and development of noncommercial radio broadcast station facilities. (June 19, 1934, ch. 652, title III, § 393, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 66; amended Pub. L. 90–129, title II, § 201(2), Nov. 7, 1967, 81 Stat. 367; Pub. L. 95–567, title I, § 104, Nov. 2, 1978, 92 Stat. 2408; Pub. L. 99–272, title V, § 5001(b), Apr. 7, 1986, 100 Stat. 117; Pub. L. 102–356, § 3, Aug. 26, 1992, 106 Stat. 949.) Editorial Notes AMENDMENTS 1992—Subsec. (b)(4). Pub. L. 102–356 inserted before pe- riod at end ‘‘, including services to underserved audi- ences such as deaf and hearing impaired individuals and blind and visually impaired individuals’’. 1986—Subsecs. (c), (d). Pub. L. 99–272 redesignated subsec. (d) as (c) and struck out former subsec. (c) re- lating to extension of services to new areas. 1978—Pub. L. 95–567 amended section generally, strik- ing out provisions dealing with keeping records and ac- cess to records by Secretary and Comptroller General and inserting provisions dealing with criteria for ap- proval and expenditures by Secretary. See sections 392(h) and 395(h) of this title. 1967—Pub. L. 90–129 substituted ‘‘subpart’’ for ‘‘part’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–567 effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as a note under section 390 of this title. § 393a. Long-range planning for facilities (a) The Secretary, in consultation with the Corporation, public telecommunications enti- ties, and as appropriate with other parties, shall develop a long-range plan to accomplish the ob- jectives set forth in section 390 of this title. Such plan shall include a detailed 5-year projec- tion of the broadcast and nonbroadcast public telecommunications facilities required to meet such objectives, and the expenditures necessary to provide such facilities. (b) Repealed. Pub. L. 104–66, title I, § 1021(a), Dec. 21, 1995, 109 Stat. 712. (June 19, 1934, ch. 652, title III, § 393A, formerly § 396, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67; renumbered § 394 and amended Pub. L. 90–129, title II, § 201(2), (4), Nov. 7, 1967, 81 Stat. 367; Pub. L. 95–567, title I, § 105, Nov. 2, 1978, 92 Stat. 2409; renumbered § 393A, Pub. L. 101–437, title II, § 203(a)(1), Oct. 17, 1990, 104 Stat. 998; Pub. L. 104–66, title I, § 1021(a), Dec. 21, 1995, 109 Stat. 712.) Editorial Notes AMENDMENTS 1995—Subsec. (b). Pub. L. 104–66 struck out subsec. (b) which read as follows: ‘‘The plan required in subsection (a) of this section shall be updated annually, and a summary of the activities of the Secretary in imple- menting the plan, shall be submitted concurrently to the President and the Congress not later than the 31st day of December of each year.’’ 1978—Pub. L. 95–567 substituted provisions dealing with long-range planning for facilities for provisions authorizing the Secretary to establish rules and regula- tions necessary for this subpart. See section 392(e) of this title. 1967—Pub. L. 90–129, § 201(2), substituted ‘‘subpart’’ for ‘‘part’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–567 effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as a note under section 390 of this title. SUBPART B—NATIONAL ENDOWMENT FOR CHILDREN’S EDUCATIONAL TELEVISION § 394. Establishment of National Endowment (a) Purpose It is the purpose of this section to enhance the education of children through the creation and production of television programming specifi- cally directed toward the development of funda- mental intellectual skills.