Chapter 5, Subchapter III, Part IV—, subpart d—, Section 396, Subsection (k) · 47 U.S.C. Chapter 5 — WIRE OR RADIO COMMUNICATION

Contents

(k)

(1)

(A)There is hereby established in the Treasury a fund which shall be known as the Public Broadcasting Fund (hereinafter in this subsection referred to as the “Fund”), to be administered by the Secretary of the Treasury.

(B)There is authorized to be appropriated to the Fund for each of the fiscal years 1978, 1979, and 1980, an amount equal to 40 percent of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year second preceding each such fiscal year, except that the amount so appropriated shall not exceed $121,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $160,000,000 for fiscal year 1980.

(C)There is authorized to be appropriated to the Fund, for each of the fiscal years 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, and 1993, an amount equal to 40 percent of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year second preceding each such fiscal year, except that the amount so appropriated shall not exceed $265,000,000 for fiscal year 1992, $285,000,000 for fiscal year 1993, $310,000,000 for fiscal year 1994, $375,000,000 for fiscal year 1995, and $425,000,000 for fiscal year 1996.

(D)In addition to any amounts authorized under any other provision of this or any other Act to be appropriated to the Fund, $20,000,000 are hereby authorized to be appropriated to the Fund (notwithstanding any other provision of this subsection) specifically for transition from the use of analog to digital technology for the provision of public broadcasting services for fiscal year 2001.

(E)Funds appropriated under this subsection shall remain available until expended.

(2)

(A)The funds authorized to be appropriated by this subsection shall be used by the Corporation, in a prudent and financially responsible manner, solely for its grants, contracts, and administrative costs, except that the Corporation may not use any funds appropriated under this subpart for purposes of conducting any reception, or providing any other entertainment, for any officer or employee of the Federal Government or any State or local government. The Corporation shall determine the amount of non-Federal financial support received by public broadcasting entities during each of the fiscal years referred to in paragraph (1) for the purpose of determining the amount of each authorization, and shall certify such amount to the Secretary of the Treasury, except that the Corporation may include in its certification non-Federal financial support received by a public broadcasting entity during its most recent fiscal year ending before September 30 of the year for which certification is made. Upon receipt of such certification, the Secretary of the Treasury shall make available to the Corporation, from such funds as may be appropriated to the Fund, the amount authorized for each of the fiscal years pursuant to the provisions of this subsection.

(B)Funds appropriated and made available under this subsection shall be disbursed by the Secretary of the Treasury on a fiscal year basis.

(3)

(A)

(i)The Corporation shall establish an annual budget for use in allocating amounts from the Fund. Of the amounts appropriated into the Fund available for allocation for any fiscal year—

(I)$10,200,000 shall be available for the administrative expenses of the Corporation for fiscal year 1989, and for each succeeding fiscal year the amount which shall be available for such administrative expenses shall be the sum of the amount made available to the Corporation under this subclause for such expenses in the preceding fiscal year plus the greater of 4 percent of such amount or a percentage of such amount equal to the percentage change in the Consumer Price Index, except that none of the amounts allocated under subclauses (II), (III), and (IV) and clause (v) shall be used for any administrative expenses of the Corporation and not more than 5 percent of all the amounts appropriated into the Fund available for allocation for any fiscal year shall be available for such administrative expenses;

(II)6 percent of such amounts shall be available for expenses incurred by the Corporation for capital costs relating to telecommunications satellites, the payment of programming royalties and other fees, the costs of interconnection facilities and operations (as provided in clause (iv)(I)), and grants which the Corporation may make for assistance to stations that broadcast programs in languages other than English or for assistance in the provision of affordable training programs for employees at public broadcast stations, and if the available funding level permits, for projects and activities that will enhance public broadcasting;

(III)75 percent of the remainder (after allocations are made under subclause (I) and subclause (II)) shall be allocated in accordance with clause (ii); and

(IV)25 percent of such remainder shall be allocated in accordance with clause (iii).

(ii)Of the amounts allocated under clause (i)(III) for any fiscal year—

(I)75 percent of such amounts shall be available for distribution among the licensees and permittees of public television stations pursuant to paragraph (6)(B); and

(II)25 percent of such amounts shall be available for distribution under subparagraph (B)(i), and in accordance with any plan implemented under paragraph (6)(A), for national public television programming.

(iii)Of the amounts allocated under clause (i)(IV) for any fiscal year—

(I)70 percent of such amounts shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B);

(II)7 percent of such amounts shall be available for distribution under subparagraph (B)(i) for public radio programming; and

(III)23 percent of such amounts shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B), solely to be used for acquiring or producing programming that is to be distributed nationally and is designed to serve the needs of a national audience.

(iv)

(I)From the amount provided pursuant to clause (i)(II), the Corporation shall defray an amount equal to 50 percent of the total costs of interconnection facilities and operations to facilitate the availability of public television and radio programs among public broadcast stations.

(II)Of the amounts received as the result of any contract, lease agreement, or any other arrangement under which the Corporation directly or indirectly makes available interconnection facilities, 50 percent of such amounts shall be distributed to the licensees and permittees of public television stations and public radio stations. The Corporation shall not have any authority to establish any requirements, guidelines, or limitations with respect to the use of such amounts by such licensees and permittees.

(v)Of the interest on the amounts appropriated into the Fund which is available for allocation for any fiscal year—

(I)75 percent shall be available for distribution for the purposes referred to in clause (ii)(II); and

(II)25 percent shall be available for distribution for the purposes referred to in clause (iii)(II) and (III).

(B)

(i)The Corporation shall utilize the funds allocated pursuant to subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II) to make grants for production of public television or radio programs by independent producers and production entities and public telecommunications entities, producers of national children’s educational programming, and producers of programs addressing the needs and interests of minorities, and for acquisition of such programs by public telecommunications entities. The Corporation may make grants to public telecommunications entities and producers for the production of programs in languages other than English. Of the funds utilized pursuant to this clause, a substantial amount shall be distributed to independent producers and production entities, producers of national children’s educational programming, and producers of programming addressing the needs and interests of minorities for the production of programs.

(ii)All funds available for distribution under clause (i) shall be distributed to entities outside the Corporation and shall not be used for the general administrative costs of the Corporation, the salaries or related expenses of Corporation personnel and members of the Board, or for expenses of consultants and advisers to the Corporation.

(iii)

(I)For fiscal year 1990 and succeeding fiscal years, the Corporation shall, in carrying out its obligations under clause (i) with respect to public television programming, provide adequate funds for an independent production service.

(II)Such independent production service shall be separate from the Corporation and shall be incorporated under the laws of the District of Columbia for the purpose of contracting with the Corporation for the expenditure of funds for the production of public television programs by independent producers and independent production entities.

(III)The Corporation shall work with organizations or associations of independent producers or independent production entities to develop a plan and budget for the operation of such service that is acceptable to the Corporation.

(IV)The Corporation shall ensure that the funds provided to such independent production service shall be used exclusively in pursuit of the Corporation’s obligation to expand the diversity and innovativeness of programming available to public broadcasting.

(V)Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(8)(B)(ii), Mar. 23, 2018, 132 Stat. 1090.

(VI)The Corporation shall not contract to provide funds to any such independent production service, unless that service agrees to comply with public inspection requirements established by the Corporation within 3 months after August 26, 1992. Under such requirements the service shall maintain at its offices a public file, updated regularly, containing information relating to the service’s award of funds for the production of programming. The information shall be available for public inspection and copying for at least 3 years and shall be of the same kind as the information required to be maintained by the Corporation under subsection (l)(4)(B).

(4)Funds may not be distributed pursuant to this subsection to the Public Broadcasting Service or National Public Radio (or any successor organization), or to the licensee or permittee of any public broadcast station, unless the governing body of any such organization, any committee of such governing body, or any advisory body of any such organization, holds open meetings preceded by reasonable notice to the public. All persons shall be permitted to attend any meeting of the board, or of any such committee or body, and no person shall be required, as a condition to attendance at any such meeting, to register such person’s name or to provide any other information. Nothing contained in this paragraph shall be construed to prevent any such board, committee, or body from holding closed sessions to consider matters relating to individual employees, proprietary information, litigation and other matters requiring the confidential advice of counsel, commercial or financial information obtained from a person on a privileged or confidential basis, or the purchase of property or services whenever the premature exposure of such purchase would compromise the business interests of any such organization. If any such meeting is closed pursuant to the provisions of this paragraph, the organization involved shall thereafter (within a reasonable period of time) make available to the public a written statement containing an explanation of the reasons for closing the meeting.

(5)Funds may not be distributed pursuant to this subsection to any public telecommunications entity that does not maintain for public examination copies of the annual financial and audit reports, or other information regarding finances, submitted to the Corporation pursuant to subsection (1)(3)(B).1

(6)

(A)The Corporation shall conduct a study and prepare a plan, in consultation with public television licensees (or designated representatives of those licensees) and the Public Broadcasting Service, on how funds available to the Corporation under paragraph (3)(A)(ii)(II) can be best allocated to meet the objectives of this chapter with regard to national public television programming. The plan, which shall be based on the conclusions resulting from the study, shall be submitted by the Corporation to the Congress not later than January 31, 1990. Unless directed otherwise by an Act of Congress, the Corporation shall implement the plan during the first fiscal year beginning after the fiscal year in which the plan is submitted to Congress.

(B)The Corporation shall make a basic grant from the portion reserved for television stations under paragraph (3)(A)(ii)(I) to each licensee and permittee of a public television station that is on the air. The Corporation shall assist radio stations to maintain and improve their service where public radio is the only broadcast service available. The balance of the portion reserved for television stations and the total portion reserved for radio stations under paragraph (3)(A)(iii)(I) shall be distributed to licensees and permittees of such stations in accordance with eligibility criteria (which the Corporation shall review periodically in consultation with public radio and television licensees or permittees, or their designated representatives) that promote the public interest in public broadcasting, and on the basis of a formula designed to—

(i)provide for the financial needs and requirements of stations in relation to the communities and audiences such stations undertake to serve;

(ii)maintain existing, and stimulate new, sources of non-Federal financial support for stations by providing incentives for increases in such support; and

(iii)assure that each eligible licensee and permittee of a public radio station receives a basic grant.

(7)The funds distributed pursuant to paragraph (3)(A)(ii)(I) and (iii)(I) may be used at the discretion of the recipient for purposes related primarily to the production or acquisition of programming.

(8)

(A)Funds may not be distributed pursuant to this subpart to any public broadcast station (other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency) unless such station establishes a community advisory board. Any such station shall undertake good faith efforts to assure that (i) its advisory board meets at regular intervals; (ii) the members of its advisory board regularly attend the meetings of the advisory board; and (iii) the composition of its advisory board are 2 reasonably representative of the diverse needs and interests of the communities served by such station.

(B)The board shall be permitted to review the programming goals established by the station, the service provided by the station, and the significant policy decisions rendered by the station. The board may also be delegated any other responsibilities, as determined by the governing body of the station. The board shall advise the governing body of the station with respect to whether the programming and other policies of such station are meeting the specialized educational and cultural needs of the communities served by the station, and may make such recommendations as it considers appropriate to meet such needs.

(C)The role of the board shall be solely advisory in nature, except to the extent other responsibilities are delegated to the board by the governing body of the station. In no case shall the board have any authority to exercise any control over the daily management or operation of the station.

(D)In the case of any public broadcast station (other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency) in existence on November 2, 1978, such station shall comply with the requirements of this paragraph with respect to the establishment of a community advisory board not later than 180 days after November 2, 1978.

(E)The provision of subparagraph (A) prohibiting the distribution of funds to any public broadcast station (other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency) unless such station establishes a community advisory board shall be the exclusive remedy for the enforcement of the provisions of this paragraph.

(9)Funds may not be distributed pursuant to this subsection to the Public Broadcasting Service or National Public Radio (or any successor organization) unless assurances are provided to the Corporation that no officer or employee of the Public Broadcasting Service or National Public Radio (or any successor organization), as the case may be, will be compensated in excess of reasonable compensation as determined pursuant to Section 3 4958 of title 26 for services that the officer or employee renders to organization,4 and unless further assurances are provided to the Corporation that no officer or employee of such an entity will be loaned money by that entity on an interest-free basis.

(10)

(A)There is hereby established in the Treasury a fund which shall be known as the Public Broadcasting Satellite Interconnection Fund (hereinafter in this subsection referred to as the “Satellite Interconnection Fund”), to be administered by the Secretary of the Treasury.

(B)There is authorized to be appropriated to the Satellite Interconnection Fund, for fiscal year 1991, the amount of $200,000,000. If such amount is not appropriated in full for fiscal year 1991, the portion of such amount not yet appropriated is authorized to be appropriated for fiscal years 1992 and 1993. Funds appropriated to the Satellite Interconnection Fund shall remain available until expended.

(C)The Secretary of the Treasury shall make available and disburse to the Corporation, at the beginning of fiscal year 1991 and of each succeeding fiscal year thereafter, such funds as have been appropriated to the Satellite Interconnection Fund for the fiscal year in which such disbursement is to be made.

(D)Notwithstanding any other provision of this subsection except paragraphs (4), (5), (8), and (9), all funds appropriated to the Satellite Interconnection Fund and interest thereon—

(i)shall be distributed by the Corporation to the licensees and permittees of noncommercial educational television broadcast stations providing public telecommunications services or the national entity they designate for satellite interconnection purposes and to those public telecommunications entities participating in the public radio satellite interconnection system or the national entity they designate for satellite interconnection purposes, exclusively for the capital costs of the replacement, refurbishment, or upgrading of their national satellite interconnection systems and associated maintenance of such systems; and

(ii)shall not be used for the administrative costs of the Corporation, the salaries or related expenses of Corporation personnel and members of the Board, or for expenses of consultants and advisers to the Corporation.

(11)

(A)Funds may not be distributed pursuant to this subsection for any fiscal year to the licensee or permittee of any public broadcast station if such licensee or permittee—

(i)fails to certify to the Corporation that such licensee or permittee complies with the Commission’s regulations concerning equal employment opportunity as published under section 73.2080 of title 47, Code of Federal Regulations, or any successor regulations thereto; or

(ii)fails to submit to the Corporation the report required by subparagraph (B) for the preceding calendar year.

(B)A licensee or permittee of any public broadcast station with more than five full-time employees to file annually with the Corporation a statistical report, consistent with reports required by Commission regulation, identifying by race and sex the number of employees in each of the following full-time and part-time job categories:

(i)Officials and managers.

(ii)Professionals.

(iii)Technicians.

(iv)Semiskilled operatives.

(v)Skilled craft persons.

(vi)Clerical and office personnel.

(vii)Unskilled operatives.

(viii)Service workers.

(C)In addition, such report shall state the number of job openings occurring during the course of the year. Where the job openings were filled in accordance with the regulations described in subparagraph (A)(i), the report shall so certify, and where the job openings were not filled in accordance with such regulations, the report shall contain a statement providing reasons therefor. The statistical report shall be available to the public at the central office and at every location where more than five full-time employees are regularly assigned to work.

(12)Funds may not be distributed under this subsection to any public broadcasting entity that directly or indirectly—

(A)rents contributor or donor names (or other personally identifiable information) to or from, or exchanges such names or information with, any Federal, State, or local candidate, political party, or political committee; or

(B)discloses contributor or donor names, or other personally identifiable information, to any nonaffiliated third party unless—

(i)such entity clearly and conspicuously discloses to the contributor or donor that such information may be disclosed to such third party;

(ii)the contributor or donor is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and

(iii)the contributor or donor is given an explanation of how the contributor or donor may exercise that nondisclosure option.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 200

Show every defined term

abuser
means an individual who has committed or allegedly committed a covered act against—
access code
means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence.
access software
means software (including client or server software) or enabling tools that do not create or provide the content of the communication but that allow a user to do any one or more of the following:
access software provider
means a provider of software (including client or server software), or enabling tools that do any one or more of the following:
accredited standards development organization
means an entity composed of industry members which has been accredited by an institution vested with the responsibility for standards accreditation by the industry.
achievable
means with reasonable effort or expense, as determined by the Commission.
activated channels
means those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for public, educational, or governmental use;
advanced communications services
means—
advanced television services
means television services provided using digital or other advanced technology as further defined in the opinion, report, and order of the Commission entitled “Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service”, MM Docket 87–268, adopted September 17, 1992, and successor proceedings.
advertisement
means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended—
affiliate
means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person.
aggregate customer information
means collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.
aggregator
means any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a provider of operator services.
alarm monitoring service
means a service that uses a device located at a residence, place of business, or other fixed premises— but does not include a service that uses a medical monitoring device attached to an individual for the automatic surveillance of an ongoing medical condition.
amateur station
means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.
analog television service
means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(a) of its regulations (47 C.F.R. 73.682(a)).
antitrust laws
has the meaning given it in subsection (a) of section 12 of title 15, except that such term includes section 45 of title 15 to the extent that section 45 of title 15 applies to unfair methods of competition;
appropriate committees of Congress
means—
attorney general
means the chief legal officer of a State.
audio programming services
means programming provided by, or generally considered to be comparable to programming provided by, a radio broadcast station.
automatic telephone dialing system
means equipment which has the capacity—
basic cable service
means any service tier which includes the retransmission of local television broadcast signals;
basic telephone service
means any wireline telephone exchange service, or wireline telephone exchange service facility, provided by a Bell operating company in a telephone exchange area, except that such term does not include—
basic telephone service information
means network and customer information of a Bell operating company and other information acquired by a Bell operating company as a result of its engaging in the provision of basic telephone service.
Bell operating company
has the meaning provided in section 153 of this title, except that such term includes any entity or corporation that is owned or controlled by such a company (as so defined) but does not include an electronic publishing joint venture owned by such an entity or corporation.
broadband internet access service
has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
Broadband Map
means the map created by the Commission under section 642(c)(1)(A) of this title.
broadcasting
means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.
broadcasting station
includes a community antenna television system;
business or institutional logogram
means any aural or visual letters or words, or any symbol or sign, which is used for the exclusive purpose of identifying any corporation, company, or other organization, and which is not used for the purpose of promoting the products, services, or facilities of such corporation, company, or other organization.
by means of the World Wide Web
means by placement of material in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.
cable operator
includes, in addition to persons within the definition of cable operator in section 522 of this title, any person who (i) is owned or controlled by, or under common ownership or control with, a cable operator, and (ii) provides any wire or radio communications service.
cable programming service
means any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than (A) video programming carried on the basic service tier, and (B) video programming offered on a per channel or per program basis.
cable service
has the meaning given such term in section 522 of this title.
cable system
has the meaning given such term in section 522 of this title.
call splashing
means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location.
caller identification information
means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a voice service or a text message sent using a text messaging service.
caller identification service
means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a voice service or a text message sent using a text messaging service.
calling card
means an identifying number or code unique to the individual, that is issued to the individual by a common carrier and enables the individual to be charged by means of a phone bill for charges incurred independent of where the call originates.
carrier
means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter;
cell edge probability
means the likelihood that the minimum threshold download and upload speeds with respect to broadband internet access service will be met or exceeded at a distance from a base station that is intended to indicate the ultimate edge of the coverage area of a cell.
cell loading
means the percentage of the available air interface resources of a base station that are used by consumers with respect to broadband internet access service.
certification
means any technical process whereby a party determines whether a product, for use by more than one local exchange carrier, conforms with the specified requirements pertaining to such product.
chain broadcasting
means simultaneous broadcasting of an identical program by two or more connected stations.
Chairman
means the Chairman of the Federal Communications Commission;
channel
means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Commission by regulation);
child pornography
has the meaning given such term in section 2256 of title 18.
clutter
means a natural or man-made surface feature that affects the propagation of a signal from a base station.
commercial mobile service
means any mobile service (as defined in section 153 of this title) that is provided for profit and makes interconnected service available (A) to the public or (B) to such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission;
commercial television broadcast licensee
includes a cable operator, as defined in section 522 of this title.
commercial use
means the provision of video programming, whether or not for profit.
commercially impracticable
means, with respect to any requirement applicable to a cable operator, that it is commercially impracticable for the operator to comply with such requirement as a result of a change in conditions which is beyond the control of the operator and the nonoccurrence of which was a basic assumption on which the requirement was based.
Commission
means the Federal Communications Commission;
communication by radio
means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.
communication by wire
means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.
community
means—
connecting carrier
means a carrier described in clauses (2), (3), or (4) of section 152(b) of this title.
consent
means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.
construction
(as applied to public telecommunications facilities) means acquisition (including acquisition by lease), installation, and modernization of public telecommunications facilities and planning and preparatory steps incidental to any such acquisition, installation, or modernization.
consumer
means a person initiating any interstate telephone call using operator services.
consumer generated media
means content created and made available by consumers to online websites and services on the Internet, including video, audio, and multimedia content.
contest
means any contest broadcast by a radio station in connection with which any money or any other thing of value is offered as a prize or prizes to be paid or presented by the program sponsor or by any other person or persons, as announced in the course of the broadcast.
control
has the meaning that it has in 17 C.F.R. 240.12b–2, the regulations promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or any successor provision to such section.
corporation
includes any corporation, joint-stock company, or association.
covered act
means conduct that constitutes—
covered equipment
means equipment (such as a router) employed on the premises of a person (other than a provider of a covered service or fixed broadband internet access service) to provide a covered service or to provide fixed broadband internet access service.
covered funding
means any new offer of high-cost universal service program funding, including funding provided through a reverse competitive bidding mechanism provided under this section, for the deployment of a broadband-capable network and the provision of supported services over the network;
covered GPS device
means a Global Positioning System device of the Department of Defense.
covered provider
means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d) of this title.
covered service
means service provided by a multichannel video programming distributer,1 to the extent such distributor is acting as a multichannel video programming distributor.
covered voice communication
means a voice communication (including any related signaling information) that is generated—
current amount
means, with respect to a fee, the amount of the fee on the date when the fee was established, the date when the fee was last adjusted under paragraph (1), or the date when the fee was last amended under subsection (c), whichever is latest.
customer premises equipment
means equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications.
customer proprietary network information
means— except that such term does not include subscriber list information.
date of commencement of the current term of such license
means the date of commencement of the last term of license for which the licensee has been granted a license by the Commission.
designated frequency
means each of the frequencies designated by the Commission for licenses for advanced television services.
designated market area
has the meaning given such term in section 122(j)(2)(C) of title 17.
dialing parity
means that a person that is not an affiliate of a local exchange carrier is able to provide telecommunications services in such a manner that customers have the ability to route automatically, without the use of any access code, their telecommunications to the telecommunications services provider of the customer’s designation from among 2 or more telecommunications services providers (including such local exchange carrier).
digital data service
includes—
digital forgery
means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual.
digital television service
means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(d) of its regulations (47 C.F.R. 73.682(d)).
direct-to-home satellite services
means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises or in the uplink process to the satellite.
disability
has the meaning given such term under section 12102 of title 42.
distributor
means an entity which contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities.
educational television programming for children
means any television program which is directed to an audience of children who are 16 years of age or younger and which is designed for the intellectual development of those children, except that such term does not include any television program which is directed to a general audience but which might also be viewed by a significant number of children;
effective competition
means that—
electronic labeling
means displaying required labeling and regulatory information electronically;
electronic messaging service
means a service that provides real-time or near real-time non-voice messages in text form between individuals over communications networks.
electronic publishing
means the dissemination, provision, publication, or sale to an unaffiliated entity or person, of any one or more of the following: news (including sports);
electronic publishing joint venture
means a joint venture owned by a Bell operating company or affiliate that engages in the provision of electronic publishing which is disseminated by means of such Bell operating company’s or any of its affiliates’ basic telephone service.
elementary and secondary schools
means elementary schools and secondary schools, as defined in section 7801 of title 20.
eligible county
means any 1 of 4 counties that—
eligible satellite carrier
means any satellite carrier that is not a party to a carriage contract that—
eligible small business
means business enterprises engaged in the telecommunications industry that have $50,000,000 or less in annual revenues, on average over the past 3 years prior to submitting the application under this section.
emergency notification services
means services that notify the public of an emergency.
emergency services
means 9–1–1 emergency services and emergency notification services.
emergency support services
means information or data base management services used in support of emergency services.
engaged in the business
means that the person who makes a communication, or offers to make a communication, by means of the World Wide Web, that includes any material that is harmful to minors, devotes time, attention, or labor to such activities, as a regular course of such person’s trade or business, with the objective of earning a profit as a result of such activities (although it is not necessary that the person make a profit or that the making or offering to make such communications be the person’s sole or principal business or source of income).
enhanced 9–1–1 service
means the delivery of 9–1–1 calls with automatic number identification and automatic location identification, or successor or equivalent information features over the wireline E911 network (as defined in section 9.3 of the Federal Communications Commission’s regulations (47 C.F.R. 9.3) as of July 23, 2008) and equivalent or successor networks and technologies.
enhanced wireless 9–1–1 service
means any enhanced 9–1–1 service so designated by the Federal Communications Commission in the proceeding entitled “Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 9–1–1 Emergency Calling Systems” (CC Docket No. 94–102;
entity
means any organization, and includes corporations, partnerships, sole proprietorships, associations, and joint ventures.
equal access
has the meaning given that term in Appendix B of the Modification of Final Judgment entered August 24, 1982, in United States v.
equal access code
means an access code that allows the public to obtain an equal access connection to the carrier associated with that code.
essential telephones
means only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids;
exchange access
means the offering of access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services.
Fabric
means the Broadband Serviceable Location Fabric established under section 642(b)(1)(B) of this title.
Federal agency
means any agency of the United States, including the Commission;
Federal Government
means the Government of the United States or any agency or instrumentality thereof.
foreign principal
has the meaning given such term in section 1(b)(1) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)(1)).
foreign transmission
means communication or transmission from or to any place in the United States to or from a foreign country, or between a station in the United States and a mobile station located outside the United States.
Form 477
means Form 477 of the Commission relating to local telephone competition and broadband reporting.
franchise
means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to section 546 of this title), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system;
franchise expiration
means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on October 30, 1984.
franchise fee
includes any tax, fee, or assessment of any kind imposed by a franchising authority or other governmental entity on a cable operator or cable subscriber, or both, solely because of their status as such;
franchising authority
means any governmental entity empowered by Federal, State, or local law to grant a franchise;
Fund
means the Telecommunications Development Fund established pursuant to this section.
generic requirement
means a description of acceptable product attributes for use by local exchange carriers in establishing product specifications for the purchase of telecommunications equipment, customer premises equipment, and software integral thereto.
good quality satellite signal
means—
grade B contour
means the field strength of a television broadcast station computed in accordance with regulations promulgated by the Commission;
Great Lakes Agreement
means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein.
harmful to minors
means any picture, image, graphic image file, or other visual depiction that—
health care provider
means—
high definition television
refers to systems that offer approximately twice the vertical and horizontal resolution of receivers generally available on February 8, 1996, as further defined in the proceedings described in paragraph (1) of this subsection.
identifiable individual
means an individual—
in-region State
means a State in which a Bell operating company or any of its affiliates was authorized to provide wireline telephone exchange service pursuant to the reorganization plan approved under the AT&T Consent Decree, as in effect on the day before February 8, 1996.
inbound telemarketing
means the marketing of property, goods, or services by telephone to a customer or potential customer who initiated the call.
incidental interLATA services
means the interLATA provision by a Bell operating company or its affiliate—
incumbent local exchange carrier
means, with respect to an area, the local exchange carrier that—
Indian Tribe
has the meaning given the term “Indian tribe” in section 5304 of title 25.
individuals who are deaf-blind
has the same meaning given such term in the Helen Keller National Center Act, as amended by the Rehabilitation Act Amendments of 1992 (29 U.S.C. 1905(2)).
industry-wide
means activities funded by or performed on behalf of local exchange carriers for use in providing wireline telephone exchange service whose combined total of deployed access lines in the United States constitutes at least 30 percent of all access lines deployed by telecommunications carriers in the United States as of February 8, 1996.
information content provider
means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.
information service
means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
institution of higher education
has the meaning provided in section 1001 of title 20.
institutional network
means a communication network which is constructed or operated by the cable operator and which is generally available only to subscribers who are not residential subscribers.
interactive computer service
has the meaning provided in section 230(f)(2) of this title.
interactive on-demand services
means a service providing video programming to subscribers over switched networks on an on-demand, point-to-point basis, but does not include services providing video programming prescheduled by the programming provider;
interconnected service
means service that is interconnected with the public switched network (as such terms are defined by regulation by the Commission) or service for which a request for interconnection is pending pursuant to subsection (c)(1)(B);
interconnected VoIP service
has the meaning given such term under section 9.3 of title 47, Code of Federal Regulations, as such section may be amended from time to time.
interconnection
means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to public telecommunications entities.
interconnection system
means any system of interconnection facilities used for the distribution of programs to public telecommunications entities.
interLATA service
means telecommunications between a point located in a local access and transport area and a point located outside such area.
intermediate provider
means any entity that—
Internet
means the international computer network of both Federal and non-Federal interoperable packet switched data networks.
Internet access service
means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers.
Internet information location tool
means a service that refers or links users to an online location on the World Wide Web.
interoperable video conferencing service
means a service that provides real-time video communications, including audio, to enable users to share information of the user’s choosing.
interstate commerce
means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States and any place outside thereof which is within the United States, (B) commerce between points in the same State, the District of Columbia, the Commonwealth of Puerto Rico, or possession of the United States but through any place outside thereof, or (C) commerce wholly within the District of Columbia or any possession of the United States.
interstate transmission
means communication or transmission (A) from any State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, (B) from or to the United States to or from the Canal Zone, insofar as such communication or transmission takes place within the United States, or (C) between points within the United States but through a foreign country;
intimate visual depiction
has the meaning given such term in section 6851 of title 15.
land station
means a station, other than a mobile station, used for radio communication with mobile stations.
large station group
means a group of television broadcast stations that—
LATA
means a contiguous geographic area—
library
means a library eligible for participation in State-based plans for funds under title III of the Library Services and Construction Act (20 U.S.C. 355e et seq.).
license
means that instrument of authorization required by this chapter or the rules and regulations of the Commission made pursuant to this chapter, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.
licensee
means the holder of a radio station license granted or continued in force under authority of this chapter.
line
means any channel of communication established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing channels: Provided, however, That nothing in this section shall be construed to require a certificate or other authorization from the Commission for any installation, replacement, or other changes in plant, operation, or equipment, other than new construction, which will not impair the adequacy or quality of service provided.
local commercial television station
has the meaning given the term in section 534(h) of this title;
local exchange carrier
means any person that is engaged in the provision of telephone exchange service or exchange access.
local market
has the meaning given such term in section 122(j) of title 17;
local receive facility
means the reception point in each local market which a satellite carrier designates for delivery of the signal of the station for purposes of retransmission.
low power television station
means a low power television station as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004.
manufacturing
has the same meaning as such term has under the AT&T Consent Decree.
material that is harmful to minors
means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that—
media of mass communications
includes television, radio, cable television, multipoint distribution service, direct broadcast satellite service, and other services, the licensed facilities of which may be substantially devoted toward providing programming or other information services within the editorial control of the licensee.
meeting
means the deliberations of at least the number of members of a governing or advisory body, or any committee thereof, required to take action on behalf of such body or committee where such deliberations determine or result in the joint conduct or disposition of the governing or advisory body’s business, or the committee’s business, as the case may be, but only to the extent that such deliberations relate to public broadcasting.
minor
means any individual who has not attained the age of 17 years.
minority group
includes Blacks, Hispanics, American Indians, Alaska Natives, Asians, and Pacific Islanders.
mobile service
means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled “Amendment to the Commission’s Rules to Establish New Personal Communications Services” (GEN Docket No. 90–314;
mobile station
means a radio-communication station capable of being moved and which ordinarily does move.
Mobility Fund Phase II
means the second phase of the proceeding to provide universal service support from the Mobility Fund (WC Docket No. 10–90;
multi-line telephone system
has the meaning given such term in section 1471 of this title.
multichannel video programming distributor
has the meaning given such term in section 522 of this title.
national educational programming supplier
includes any qualified noncommercial educational television station, other public telecommunications entities, and public or private educational institutions.
nationally distributed superstation
means a television broadcast station, licensed by the Commission, that—
network element
means a facility or equipment used in the provision of a telecommunications service.
network station
has the meaning given such term under section 119(d) of title 17;
new covered funding award
means an award of covered funding that is made based on an application submitted to the Commission on or after the date on which rules are promulgated under paragraph (2).
non-Federal financial support
means the total value of cash and the fair market value of property and services (including, to the extent provided in the second sentence of this paragraph, the personal services of volunteers) received— Such term includes the fair market value of personal services of volunteers, as computed using the valuation standards established by the Corporation, but only, with respect to such an entity in a fiscal year, to the extent that the value of the services does not exceed 5 percent of the total non-Federal financial support of the entity in such fiscal year.
nonbroadcast telecommunications facilities
includes, but is not limited to, cable television systems, communications satellite systems and related terminal equipment, and other modes of transmitting, emitting, or receiving images and sounds or intelligence by means of wire, radio, optical, electromagnetic, or other means.
noncommercial telecommunications entity
means any enterprise which—
nonprofit
(as applied to any foundation, corporation, or association) means a foundation, corporation, or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
Nuclear ship
means a ship provided with a nuclear powerplant.
number portability
means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another.
obscene
has the meaning given such term in section 1460 of title 18.
operator services
means any interstate telecommunications service initiated from an aggregator location that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate telephone call through a method other than—
other emergency communications service
means the provision of emergency information to a public safety answering point via wire or radio communications, and may include 9–1–1 and enhanced 9–1–1 service.
other emergency communications service provider
means—
other programming service
means information that a cable operator makes available to all subscribers generally;
other service
includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service;
own
means to own an equity interest (or the equivalent thereof) of more than 10 percent.
pay-per-call services
means any service—
payphone service
means the provision of public or semi-public pay telephones, the provision of inmate telephone service and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 153(1) of this title in correctional institutions, and any ancillary services.
permit for construction
means that instrument of authorization required by this chapter or the rules and regulations of the Commission made pursuant to this chapter for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.
person
includes an individual, partnership, association, joint-stock company, trust, or corporation.
person in the television industry
means a television network, any entity which produces programming (including theatrical motion pictures) for telecasting or telecasts programming, the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, the Community Antenna Television Association, and each of the networks’ affiliate organizations, and shall include any individual acting on behalf of such person;
personal wireless service facilities
means facilities for the provision of personal wireless services;
personal wireless services
means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services;
pirate radio broadcasting
means the transmission of communications on spectrum frequencies between 535 and 1705 kilohertz, inclusive, or 87.7 and 108 megahertz, inclusive, without a license issued by the Commission, but does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations.
pole attachment
means any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, or right-of-way owned or controlled by a utility.