Universal service
Procedures to review universal service requirements
Federal-State Joint Board on universal service
Commission action
Universal service principles
The Joint Board and the Commission shall base policies for the preservation and advancement of universal service on the following principles:
Quality and rates
Access to advanced services
Access in rural and high cost areas
Equitable and nondiscriminatory contributions
Specific and predictable support mechanisms
Access to advanced telecommunications services for schools, health care, and libraries
Additional principles
Definition
In general
Universal service is an evolving level of telecommunications services that the Commission shall establish periodically under this section, taking into account advances in telecommunications and information technologies and services. The Joint Board in recommending, and the Commission in establishing, the definition of the services that are supported by Federal universal service support mechanisms shall consider the extent to which such telecommunications services—
are essential to education, public health, or public safety;
have, through the operation of market choices by customers, been subscribed to by a substantial majority of residential customers;
are being deployed in public telecommunications networks by telecommunications carriers; and
are consistent with the public interest, convenience, and necessity.
Alterations and modifications
Special services
Telecommunications carrier contribution
Universal service support
State authority
Interexchange and interstate services
Telecommunications services for certain providers
In general
Health care providers for rural areas
Educational providers and libraries
All telecommunications carriers serving a geographic area shall, upon a bona fide request for any of its services that are within the definition of universal service under subsection (c)(3), provide such services to elementary schools, secondary schools, and libraries for educational purposes at rates less than the amounts charged for similar services to other parties. The discount shall be an amount that the Commission, with respect to interstate services, and the States, with respect to intrastate services, determine is appropriate and necessary to ensure affordable access to and use of such services by such entities. A telecommunications carrier providing service under this paragraph shall—
have an amount equal to the amount of the discount treated as an offset to its obligation to contribute to the mechanisms to preserve and advance universal service, or
notwithstanding the provisions of subsection (e) of this section, receive reimbursement utilizing the support mechanisms to preserve and advance universal service.
Advanced services
The Commission shall establish competitively neutral rules—
to enhance, to the extent technically feasible and economically reasonable, access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms, health care providers, and libraries; and
to define the circumstances under which a telecommunications carrier may be required to connect its network to such public institutional telecommunications users.
Terms and conditions
Eligibility of users
Requirements for certain schools with computers having Internet access
Internet safety
In general
Except as provided in clause (ii), an elementary or secondary school having computers with Internet access may not receive services at discount rates under paragraph (1)(B) unless the school, school board, local educational agency, or other authority with responsibility for administration of the school—
submits to the Commission the certifications described in subparagraphs (B) and (C);
submits to the Commission a certification that an Internet safety policy has been adopted and implemented for the school under subsection (l); and
ensures the use of such computers in accordance with the certifications.
Applicability
Public notice; hearing
Certification with respect to minors
A certification under this subparagraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school—
is enforcing a policy of Internet safety for minors that includes monitoring the online activities of minors and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—
obscene;
child pornography; or
harmful to minors;
is enforcing the operation of such technology protection measure during any use of such computers by minors; and
as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.
Certification with respect to adults
A certification under this paragraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school—
is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—
obscene; or
child pornography; and
is enforcing the operation of such technology protection measure during any use of such computers.
Disabling during adult use
Timing of implementation
In general
Subject to clause (ii) in the case of any school covered by this paragraph as of the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certification under subparagraphs (B) and (C) shall be made—
with respect to the first program funding year under this subsection following such effective date, not later than 120 days after the beginning of such program funding year; and
with respect to any subsequent program funding year, as part of the application process for such program funding year.
Process
Schools with Internet safety policy and technology protection measures in place
Schools without Internet safety policy and technology protection measures in place
A school covered by clause (i) that does not have in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C)—
for the first program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C); and
for the second program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is in compliance with subparagraphs (B) and (C).
Any school that is unable to certify compliance with such requirements in such second program year shall be ineligible for services at discount rates or funding in lieu of services at such rates under this subsection for such second year and all subsequent program years under this subsection, until such time as such school comes into compliance with this paragraph.
Waivers
Noncompliance
Failure to submit certification
Failure to comply with certification
Remedy of noncompliance
Failure to submit
Failure to comply
Requirements for certain libraries with computers having Internet access
Internet safety
In general
Except as provided in clause (ii), a library having one or more computers with Internet access may not receive services at discount rates under paragraph (1)(B) unless the library—
submits to the Commission the certifications described in subparagraphs (B) and (C); and
submits to the Commission a certification that an Internet safety policy has been adopted and implemented for the library under subsection (l); and
ensures the use of such computers in accordance with the certifications.
Applicability
Public notice; hearing
Certification with respect to minors
A certification under this subparagraph is a certification that the library—
is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—
obscene;
child pornography; or
harmful to minors; and
is enforcing the operation of such technology protection measure during any use of such computers by minors.
Certification with respect to adults
A certification under this paragraph is a certification that the library—
is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—
obscene; or
child pornography; and
is enforcing the operation of such technology protection measure during any use of such computers.
Disabling during adult use
Timing of implementation
In general
Subject to clause (ii) in the case of any library covered by this paragraph as of the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certification under subparagraphs (B) and (C) shall be made—
with respect to the first program funding year under this subsection following such effective date, not later than 120 days after the beginning of such program funding year; and
with respect to any subsequent program funding year, as part of the application process for such program funding year.
Process
Libraries with Internet safety policy and technology protection measures in place
Libraries without Internet safety policy and technology protection measures in place
A library covered by clause (i) that does not have in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C)—
for the first program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C); and
for the second program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is in compliance with subparagraphs (B) and (C).
Any library that is unable to certify compliance with such requirements in such second program year shall be ineligible for services at discount rates or funding in lieu of services at such rates under this subsection for such second year and all subsequent program years under this subsection, until such time as such library comes into compliance with this paragraph.
Waivers
Noncompliance
Failure to submit certification
Failure to comply with certification
Remedy of noncompliance
Failure to submit
Failure to comply
Definitions
For purposes of this subsection:
Elementary and secondary schools
Health care provider
The term “health care provider” means—
post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools;
community health centers or health centers providing health care to migrants;
local health departments or agencies;
community mental health centers;
not-for-profit hospitals;
rural health clinics;
skilled nursing facilities (as defined in section 395i–3(a) of title 42); and
consortia of health care providers consisting of one or more entities described in clauses (i) through (vii).
Public institutional telecommunications user
Minor
Child pornography
Harmful to minors
The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that—
taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
Sexual act; sexual contact
Technology protection measure
Consumer protection
Lifeline assistance
Subsidy of competitive services prohibited
Internet safety policy requirement for schools and libraries
In general
In carrying out its responsibilities under subsection (h), each school or library to which subsection (h) applies shall—
adopt and implement an Internet safety policy that addresses—
access by minors to inappropriate matter on the Internet and World Wide Web;
the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
unauthorized access, including so-called “hacking”, and other unlawful activities by minors online;
unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
measures designed to restrict minors’ access to materials harmful to minors; and
provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy.
Local determination of content
A determination regarding what matter is inappropriate for minors shall be made by the school board, local educational agency, library, or other authority responsible for making the determination. No agency or instrumentality of the United States Government may—
establish criteria for making such determination;
review the determination made by the certifying school, school board, local educational agency, library, or other authority; or
consider the criteria employed by the certifying school, school board, local educational agency, library, or other authority in the administration of subsection (h)(1)(B).
Availability for review
Effective date
Source
(June 19, 1934, ch. 652, title II, § 254, as added Pub. L. 104–104, title I, § 101(a),Notes
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Effective Date of 2015 Amendment
Effective Date of 2002 Amendment
Effective Date of 2000 Amendment
Regulations
Requirement.—
The Federal Communications Commission shall prescribe regulations for purposes of administering the provisions of paragraphs (5) and (6) of section 254(h) of the Communications Act of 1934 [47 U.S.C. 254(h)], as amended by this section.
Deadline.—
Notwithstanding any other provision of law, the Commission shall prescribe regulations under paragraph (1) so as to ensure that such regulations take effect 120 days after the date of the enactment of this Act [
Savings Clause
Separability
Funding for E-Rate Support for Emergency Educational Connections and Devices
Regulations Required.—
Not later than 60 days after the date of the enactment of this Act [
in the case of a school, students and staff of the school at locations that include locations other than the school; and
in the case of a library, patrons of the library at locations that include locations other than the library.
Support Amount.—
In providing support under the covered regulations, the Commission shall reimburse 100 percent of the costs associated with the eligible equipment, advanced telecommunications and information services, or eligible equipment and advanced telecommunications and information services, except that any reimbursement of a school or library for the costs associated with any eligible equipment may not exceed an amount that the Commission determines, with respect to the request by the school or library for the reimbursement, is reasonable.
Emergency Connectivity Fund.—
Establishment.—
There is established in the Treasury of the United States a fund to be known as the ‘Emergency Connectivity Fund’.
Appropriation.—
In addition to amounts otherwise available, there is appropriated to the Emergency Connectivity Fund for fiscal year 2021, out of any money in the Treasury not otherwise appropriated—
$7,171,000,000, to remain available until
the provision of support under the covered regulations; and
the Commission to adopt, and the Commission and the Universal Service Administrative Company to administer, the covered regulations; and
$1,000,000, to remain available until
Limitation.—
Not more than 2 percent of the amount made available under paragraph (2)(A) may be used for the purposes described in clause (ii) of such paragraph.
Relationship to universal service contributions.—
Support provided under the covered regulations shall be provided from amounts made available from the Emergency Connectivity Fund and not from contributions under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)).
Definitions.—
In this section:
Advanced telecommunications and information services.—
The term ‘advanced telecommunications and information services’ means advanced telecommunications and information services, as such term is used in section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)).
Commission.—
The term ‘Commission’ means the Federal Communications Commission.
Connected device.—
The term ‘connected device’ means a laptop computer, tablet computer, or similar end-user device that is capable of connecting to advanced telecommunications and information services.
Covered regulations.—
The term ‘covered regulations’ means the regulations promulgated under subsection (a).
COVID–19 emergency period.—
The term ‘COVID–19 emergency period’ means a period that—
begins on the date of a determination by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) that a public health emergency exists as a result of COVID–19; and
ends on the June 30 that first occurs after the date that is 1 year after the date on which such determination (including any renewal thereof) terminates.
Eligible equipment.—
The term ‘eligible equipment’ means the following:
Wi-Fi hotspots.
Modems.
Routers.
Devices that combine a modem and router.
Connected devices.
Eligible school or library.—
The term ‘eligible school or library’ means an elementary school, secondary school, or library (including a Tribal elementary school, Tribal secondary school, or Tribal library) eligible for support under paragraphs (1)(B) and (2) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)).
Emergency connectivity fund.—
The term ‘Emergency Connectivity Fund’ means the fund established under subsection (c)(1).
Library.—
The term ‘library’ includes a library consortium.
Wi-fi.—
The term ‘Wi-Fi’ means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11 (or any successor standard).
Wi-fi hotspot.—
The term ‘Wi-Fi hotspot’ means a device that is capable of—
receiving advanced telecommunications and information services; and
sharing such services with a connected device through the use of Wi-Fi.”
FCC COVID–19 Telehealth Program
Definitions.—
In this section—
the term ‘appropriate congressional committees’ means—
the Committee on Commerce, Science, and Transportation of the Senate; and
the Committee on Energy and Commerce of the House of Representatives;
the term ‘Commission’ means the Federal Communications Commission; and
the term ‘COVID–19 Telehealth Program’ or ‘Program’ means the COVID–19 Telehealth Program established by the Commission under the authority provided under the heading ‘salaries and expenses’ under the heading ‘Federal Communications Commission’ under the heading ‘INDEPENDENT AGENCIES’ in title V of division B of the CARES Act (Public Law 116–136; 134 Stat. 531).
Additional Appropriation.—
Out of amounts in the Treasury not otherwise appropriated, there is appropriated $249,950,000 in additional funds for the COVID–19 Telehealth Program, of which $50,000 shall be transferred by the Commission to the Inspector General of the Commission for oversight of the COVID–19 Telehealth Program.
Administrative Provisions.—
Evaluation of applications.—
Public notice.—
Not later than 10 days after the date of enactment of this Act [
the metrics the Commission should use to evaluate applications for funding under this section; and
how the Commission should treat applications filed during the funding rounds for awards from the COVID–19 Telehealth Program using amounts appropriated under the CARES Act (Public Law 116–36 [116–136]; 134 Stat. 281).
Congressional notice.—
After the end of the comment period under subparagraph (A), and not later than 15 days before the Commission first commits funds under this section, the Commission shall provide notice to the appropriate congressional committees of the metrics the Commission plans to use to evaluate applications for those funds.
Equitable distribution.—
To the extent feasible, the Commission shall ensure, in providing assistance under the COVID–19 Telehealth Program from amounts made available under subsection (b), that not less than 1 applicant in each of the 50 States and the District of Columbia has received funding from the Program since the inception of the Program, unless there is no such applicant eligible for such assistance in a State or in the District of Columbia, as the case may be.
Previous applicants.—
The Commission shall allow an applicant who filed an application during the funding rounds for awards from the COVID–19 Telehealth Program using amounts appropriated under the CARES Act (Public Law 116–36 [116–136]; 134 Stat. 281) the opportunity to update or amend that application as necessary.
Information.—
To the extent feasible, the Commission shall provide each applicant for funding from the COVID–19 Telehealth Program, if requested, with—
information on the status of the application; and
a rationale for the final funding decision for the application, after making that decision.
Denial.—
If the Commission chooses to deny an application for funding from the COVID–19 Telehealth Program, the Commission shall—
issue notice to the applicant of the intent of the Commission to deny the application and the grounds for that decision;
provide the applicant with 10 days to submit any supplementary information that the applicant determines relevant; and
consider any supplementary information submitted under subparagraph (B) in making any final decision with respect to the application.
Report to Congress.—
Not later than 90 days after the date of enactment of this Act, and every 30 days thereafter until all funds made available under this section have been expended, the Commission shall submit to the appropriate congressional committees a report on the distribution of funds appropriated for the COVID–19 Telehealth Program under the CARES Act (Public Law 116–36 [116–136]; 134 Stat. 281) or under this section, which shall include—
non-identifiable and aggregated data on deficient and rejected applications;
non-identifiable and aggregated data on applications for which no award determination was made;
information on the total number of applicants;
information on the total dollar amount of requests for awards made under this section; and
information on applicant outreach and technical assistance.
Paperwork Reduction Act Requirements.—
A collection of information conducted or sponsored under any regulations required to implement this section shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ‘Paperwork Reduction Act’).”
Methodology for Collection of Mobile Service Coverage Data
Definitions.—
In this section—
the term ‘commercial mobile data service’ has the meaning given the term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
the term ‘commercial mobile service’ has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d));
the term ‘coverage data’ means, if commercial mobile service or commercial mobile data service is available, general information about the service, which may include available speed tiers, radio frequency signal levels, and network and performance characteristics; and
the term ‘Universal Service program’ means the universal service support mechanisms established under section 254 of the Communications Act of 1934 (47 U.S.C. 254) and the regulations issued under that section.
Methodology Established.—
Not later than 180 days after the conclusion of the Mobility Fund Phase II Auction, the Commission shall promulgate regulations to establish a methodology that shall apply to the collection of coverage data by the Commission [Federal Communications Commission] for the purposes of—
the Universal Service program; or
any other similar program.
Requirements.—
The methodology established under subsection (b) shall—
contain standard definitions for different available technologies such as 2G, 3G, 4G, and 4G LTE;
enhance the consistency and robustness of how the data are collected by different parties;
improve the validity and reliability of coverage data; and
increase the efficiency of coverage data collection.”
Disclaimers Regarding Internet Access and Privacy
Disclaimer Regarding Content.—
Nothing in this title [see Short Title of 2000 Amendments note set out under section 6301 of Title 20, Education] or the amendments made by this title shall be construed to prohibit a local educational agency, elementary or secondary school, or library from blocking access on the Internet on computers owned or operated by that agency, school, or library to any content other than content covered by this title or the amendments made by this title.
Disclaimer Regarding Privacy.—
Nothing in this title or the amendments made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult user.”
Expedited Review
Three-Judge District Court Hearing.—
Notwithstanding any other provision of law, any civil action challenging the constitutionality, on its face, of this title [see Short Title of 2000 Amendments note set out under section 6301 of Title 20, Education] or any amendment made by this title, or any provision thereof, shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28, United States Code.
Appellate Review.—
Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an action under subsection (a) holding this title or an amendment made by this title, or any provision thereof, unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order.”