47 U.S.C. § 254 : US Code - Section 254: Universal service

Search 47 U.S.C. § 254 : US Code - Section 254: Universal service

(a) Procedures to review universal service requirements
(1) Federal-State Joint Board on universal service
Within one month after February 8, 1996, the Commission shall
institute and refer to a Federal-State Joint Board under section
410(c) of this title a proceeding to recommend changes to any of
its regulations in order to implement sections 214(e) of this
title and this section, including the definition of the services
that are supported by Federal universal service support
mechanisms and a specific timetable for completion of such
recommendations. In addition to the members of the Joint Board
required under section 410(c) of this title, one member of such
Joint Board shall be a State-appointed utility consumer advocate
nominated by a national organization of State utility consumer
advocates. The Joint Board shall, after notice and opportunity
for public comment, make its recommendations to the Commission 9
months after February 8, 1996.
(2) Commission action
The Commission shall initiate a single proceeding to implement
the recommendations from the Joint Board required by paragraph
(1) and shall complete such proceeding within 15 months after
February 8, 1996. The rules established by such proceeding shall
include a definition of the services that are supported by
Federal universal service support mechanisms and a specific
timetable for implementation. Thereafter, the Commission shall
complete any proceeding to implement subsequent recommendations
from any Joint Board on universal service within one year after
receiving such recommendations.
(b) Universal service principles
The Joint Board and the Commission shall base policies for the
preservation and advancement of universal service on the following
principles:
(1) Quality and rates
Quality services should be available at just, reasonable, and
affordable rates.
(2) Access to advanced services
Access to advanced telecommunications and information services
should be provided in all regions of the Nation.
(3) Access in rural and high cost areas
Consumers in all regions of the Nation, including low-income
consumers and those in rural, insular, and high cost areas,
should have access to telecommunications and information
services, including interexchange services and advanced
telecommunications and information services, that are reasonably
comparable to those services provided in urban areas and that are
available at rates that are reasonably comparable to rates
charged for similar services in urban areas.
(4) Equitable and nondiscriminatory contributions
All providers of telecommunications services should make an
equitable and nondiscriminatory contribution to the preservation
and advancement of universal service.
(5) Specific and predictable support mechanisms
There should be specific, predictable and sufficient Federal
and State mechanisms to preserve and advance universal service.
(6) Access to advanced telecommunications services for schools,
health care, and libraries
Elementary and secondary schools and classrooms, health care
providers, and libraries should have access to advanced
telecommunications services as described in subsection (h) of
this section.
(7) Additional principles
Such other principles as the Joint Board and the Commission
determine are necessary and appropriate for the protection of the
public interest, convenience, and necessity and are consistent
with this chapter.
(c) Definition
(1) 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 -
(A) are essential to education, public health, or public
safety;
(B) have, through the operation of market choices by
customers, been subscribed to by a substantial majority of
residential customers;
(C) are being deployed in public telecommunications networks
by telecommunications carriers; and
(D) are consistent with the public interest, convenience, and
necessity.
(2) Alterations and modifications
The Joint Board may, from time to time, recommend to the
Commission modifications in the definition of the services that
are supported by Federal universal service support mechanisms.
(3) Special services
In addition to the services included in the definition of
universal service under paragraph (1), the Commission may
designate additional services for such support mechanisms for
schools, libraries, and health care providers for the purposes of
subsection (h) of this section.
(d) Telecommunications carrier contribution
Every telecommunications carrier that provides interstate
telecommunications services shall contribute, on an equitable and
nondiscriminatory basis, to the specific, predictable, and
sufficient mechanisms established by the Commission to preserve and
advance universal service. The Commission may exempt a carrier or
class of carriers from this requirement if the carrier's
telecommunications activities are limited to such an extent that
the level of such carrier's contribution to the preservation and
advancement of universal service would be de minimis. Any other
provider of interstate telecommunications may be required to
contribute to the preservation and advancement of universal service
if the public interest so requires.
(e) Universal service support
After the date on which Commission regulations implementing this
section take effect, only an eligible telecommunications carrier
designated under section 214(e) of this title shall be eligible to
receive specific Federal universal service support. A carrier that
receives such support shall use that support only for the
provision, maintenance, and upgrading of facilities and services
for which the support is intended. Any such support should be
explicit and sufficient to achieve the purposes of this section.
(f) State authority
A State may adopt regulations not inconsistent with the
Commission's rules to preserve and advance universal service. Every
telecommunications carrier that provides intrastate
telecommunications services shall contribute, on an equitable and
nondiscriminatory basis, in a manner determined by the State to the
preservation and advancement of universal service in that State. A
State may adopt regulations to provide for additional definitions
and standards to preserve and advance universal service within that
State only to the extent that such regulations adopt additional
specific, predictable, and sufficient mechanisms to support such
definitions or standards that do not rely on or burden Federal
universal service support mechanisms.
(g) Interexchange and interstate services
Within 6 months after February 8, 1996, the Commission shall
adopt rules to require that the rates charged by providers of
interexchange telecommunications services to subscribers in rural
and high cost areas shall be no higher than the rates charged by
each such provider to its subscribers in urban areas. Such rules
shall also require that a provider of interstate interexchange
telecommunications services shall provide such services to its
subscribers in each State at rates no higher than the rates charged
to its subscribers in any other State.
(h) Telecommunications services for certain providers
(1) In general
(A) Health care providers for rural areas
A telecommunications carrier shall, upon receiving a bona
fide request, provide telecommunications services which are
necessary for the provision of health care services in a State,
including instruction relating to such services, to any public
or nonprofit health care provider that serves persons who
reside in rural areas in that State at rates that are
reasonably comparable to rates charged for similar services in
urban areas in that State. A telecommunications carrier
providing service under this paragraph shall be entitled to
have an amount equal to the difference, if any, between the
rates for services provided to health care providers for rural
areas in a State and the rates for similar services provided to
other customers in comparable rural areas in that State treated
as a service obligation as a part of its obligation to
participate in the mechanisms to preserve and advance universal
service.
(B) 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) of this section, 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 -
(i) 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
(ii) notwithstanding the provisions of subsection (e) of
this section, receive reimbursement utilizing the support
mechanisms to preserve and advance universal service.
(2) Advanced services
The Commission shall establish competitively neutral rules -
(A) 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
(B) to define the circumstances under which a
telecommunications carrier may be required to connect its
network to such public institutional telecommunications users.
(3) Terms and conditions
Telecommunications services and network capacity provided to a
public institutional telecommunications user under this
subsection may not be sold, resold, or otherwise transferred by
such user in consideration for money or any other thing of value.
(4) Eligibility of users
No entity listed in this subsection shall be entitled to
preferential rates or treatment as required by this subsection,
if such entity operates as a for-profit business, is a school
described in paragraph (7)(A) with an endowment of more than
$50,000,000, or is a library or library consortium not eligible
for assistance from a State library administrative agency under
the Library Services and Technology Act [20 U.S.C. 9121 et seq.].
(5) Requirements for certain schools with computers having
Internet access
(A) Internet safety
(i) 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 -
(I) submits to the Commission the certifications
described in subparagraphs (B) and (C);
(II) submits to the Commission a certification that an
Internet safety policy has been adopted and implemented for
the school under subsection (l) of this section; and
(III) ensures the use of such computers in accordance
with the certifications.
(ii) Applicability
The prohibition in clause (i) shall not apply with respect
to a school that receives services at discount rates under
paragraph (1)(B) only for purposes other than the provision
of Internet access, Internet service, or internal
connections.
(iii) Public notice; hearing
An elementary or secondary school described in clause (i),
or the school board, local educational agency, or other
authority with responsibility for administration of the
school, shall provide reasonable public notice and hold at
least one public hearing or meeting to address the proposed
Internet safety policy. In the case of an elementary or
secondary school other than an elementary or secondary school
as defined in section 8801 (!1) of title 20, the notice and
hearing required by this clause may be limited to those
members of the public with a relationship to the school.
(B) 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 -
(i) 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 -
(I) obscene;
(II) child pornography; or
(III) harmful to minors; and
(ii) is enforcing the operation of such technology
protection measure during any use of such computers by
minors.
(C) 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 -

(i) 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 -
(I) obscene; or
(II) child pornography; and
(ii) is enforcing the operation of such technology
protection measure during any use of such computers.
(D) Disabling during adult use
An administrator, supervisor, or other person authorized by
the certifying authority under subparagraph (A)(i) may disable
the technology protection measure concerned, during use by an
adult, to enable access for bona fide research or other lawful
purpose.
(E) Timing of implementation
(i) 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 -
(I) 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
(II) with respect to any subsequent program funding year,
as part of the application process for such program funding
year.
(ii) Process
(I) Schools with Internet safety policy and technology
protection measures in place
A school covered by clause (i) that has in place an
Internet safety policy and technology protection measures
meeting the requirements necessary for certification under
subparagraphs (B) and (C) shall certify its compliance with
subparagraphs (B) and (C) during each annual program
application cycle under this subsection, except that with
respect to the first program funding year after the
effective date of this paragraph under section 1721(h) of
the Children's Internet Protection Act, the certifications
shall be made not later than 120 days after the beginning
of such first program funding year.
(II) 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) -
(aa) 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
(bb) 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.
(III) Waivers
Any school subject to subclause (II) that cannot come
into compliance with subparagraphs (B) and (C) in such
second year program may seek a waiver of subclause (II)(bb)
if State or local procurement rules or regulations or
competitive bidding requirements prevent the making of the
certification otherwise required by such subclause. A
school, school board, local educational agency, or other
authority with responsibility for administration of the
school shall notify the Commission of the applicability of
such subclause to the school. Such notice shall certify
that the school in question will be brought into compliance
before the start of the third program year after the
effective date of this subsection in which the school is
applying for funds under this subsection.
(F) Noncompliance
(i) Failure to submit certification
Any school that knowingly fails to comply with the
application guidelines regarding the annual submission of
certification required by this paragraph shall not be
eligible for services at discount rates or funding in lieu of
services at such rates under this subsection.
(ii) Failure to comply with certification
Any school that knowingly fails to ensure the use of its
computers in accordance with a certification under
subparagraphs (B) and (C) shall reimburse any funds and
discounts received under this subsection for the period
covered by such certification.
(iii) Remedy of noncompliance
(I) Failure to submit
A school that has failed to submit a certification under
clause (i) may remedy the failure by submitting the
certification to which the failure relates. Upon submittal
of such certification, the school shall be eligible for
services at discount rates under this subsection.
(II) Failure to comply
A school that has failed to comply with a certification
as described in clause (ii) may remedy the failure by
ensuring the use of its computers in accordance with such
certification. Upon submittal to the Commission of a
certification or other appropriate evidence of such remedy,
the school shall be eligible for services at discount rates
under this subsection.
(6) Requirements for certain libraries with computers having
Internet access
(A) Internet safety
(i) 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 -

(I) submits to the Commission the certifications
described in subparagraphs (B) and (C); and
(II) submits to the Commission a certification that an
Internet safety policy has been adopted and implemented for
the library under subsection (l) of this section; and
(III) ensures the use of such computers in accordance
with the certifications.
(ii) Applicability
The prohibition in clause (i) shall not apply with respect
to a library that receives services at discount rates under
paragraph (1)(B) only for purposes other than the provision
of Internet access, Internet service, or internal
connections.
(iii) Public notice; hearing
A library described in clause (i) shall provide reasonable
public notice and hold at least one public hearing or meeting
to address the proposed Internet safety policy.
(B) Certification with respect to minors
A certification under this subparagraph is a certification
that the library -
(i) 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 -
(I) obscene;
(II) child pornography; or
(III) harmful to minors; and
(ii) is enforcing the operation of such technology
protection measure during any use of such computers by
minors.
(C) Certification with respect to adults
A certification under this paragraph is a certification that
the library -
(i) 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 -
(I) obscene; or
(II) child pornography; and
(ii) is enforcing the operation of such technology
protection measure during any use of such computers.
(D) Disabling during adult use
An administrator, supervisor, or other person authorized by
the certifying authority under subparagraph (A)(i) may disable
the technology protection measure concerned, during use by an
adult, to enable access for bona fide research or other lawful
purpose.
(E) Timing of implementation
(i) 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 -
(I) 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
(II) with respect to any subsequent program funding year,
as part of the application process for such program funding
year.
(ii) Process
(I) Libraries with Internet safety policy and technology
protection measures in place
A library covered by clause (i) that has in place an
Internet safety policy and technology protection measures
meeting the requirements necessary for certification under
subparagraphs (B) and (C) shall certify its compliance with
subparagraphs (B) and (C) during each annual program
application cycle under this subsection, except that with
respect to the first program funding year after the
effective date of this paragraph under section 1721(h) of
the Children's Internet Protection Act, the certifications
shall be made not later than 120 days after the beginning
of such first program funding year.
(II) 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) -
(aa) 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
(bb) 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.
(III) Waivers
Any library subject to subclause (II) that cannot come
into compliance with subparagraphs (B) and (C) in such
second year may seek a waiver of subclause (II)(bb) if
State or local procurement rules or regulations or
competitive bidding requirements prevent the making of the
certification otherwise required by such subclause. A
library, library board, or other authority with
responsibility for administration of the library shall
notify the Commission of the applicability of such
subclause to the library. Such notice shall certify that
the library in question will be brought into compliance
before the start of the third program year after the
effective date of this subsection in which the library is
applying for funds under this subsection.
(F) Noncompliance
(i) Failure to submit certification
Any library that knowingly fails to comply with the
application guidelines regarding the annual submission of
certification required by this paragraph shall not be
eligible for services at discount rates or funding in lieu of
services at such rates under this subsection.
(ii) Failure to comply with certification
Any library that knowingly fails to ensure the use of its
computers in accordance with a certification under
subparagraphs (B) and (C) shall reimburse all funds and
discounts received under this subsection for the period
covered by such certification.
(iii) Remedy of noncompliance
(I) Failure to submit
A library that has failed to submit a certification under
clause (i) may remedy the failure by submitting the
certification to which the failure relates. Upon submittal
of such certification, the library shall be eligible for
services at discount rates under this subsection.
(II) Failure to comply
A library that has failed to comply with a certification
as described in clause (ii) may remedy the failure by
ensuring the use of its computers in accordance with such
certification. Upon submittal to the Commission of a
certification or other appropriate evidence of such remedy,
the library shall be eligible for services at discount
rates under this subsection.
(7) Definitions
For purposes of this subsection:
(A) Elementary and secondary schools
The term "elementary and secondary schools" means elementary
schools and secondary schools, as defined in section 7801 of
title 20.
(B) Health care provider
The term "health care provider" means -
(i) post-secondary educational institutions offering health
care instruction, teaching hospitals, and medical schools;
(ii) community health centers or health centers providing
health care to migrants;
(iii) local health departments or agencies;
(iv) community mental health centers;
(v) not-for-profit hospitals;
(vi) rural health clinics; and
(vii) consortia of health care providers consisting of one
or more entities described in clauses (i) through (vi).
(C) Public institutional telecommunications user
The term "public institutional telecommunications user" means
an elementary or secondary school, a library, or a health care
provider as those terms are defined in this paragraph.
(D) Minor
The term "minor" means any individual who has not attained
the age of 17 years.
(E) Obscene
The term "obscene" has the meaning given such term in section
1460 of title 18.
(F) Child pornography
The term "child pornography" has the meaning given such term
in section 2256 of title 18.
(G) Harmful to minors
The term "harmful to minors" means any picture, image,
graphic image file, or other visual depiction that -
(i) taken as a whole and with respect to minors, appeals to
a prurient interest in nudity, sex, or excretion;
(ii) 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
(iii) taken as a whole, lacks serious literary, artistic,
political, or scientific value as to minors.
(H) Sexual act; sexual contact
The terms "sexual act" and "sexual contact" have the meanings
given such terms in section 2246 of title 18.
(I) Technology protection measure
The term "technology protection measure" means a specific
technology that blocks or filters Internet access to the
material covered by a certification under paragraph (5) or (6)
to which such certification relates.
(i) Consumer protection
The Commission and the States should ensure that universal
service is available at rates that are just, reasonable, and
affordable.
(j) Lifeline assistance
Nothing in this section shall affect the collection,
distribution, or administration of the Lifeline Assistance Program
provided for by the Commission under regulations set forth in
section 69.117 of title 47, Code of Federal Regulations, and other
related sections of such title.
(k) Subsidy of competitive services prohibited
A telecommunications carrier may not use services that are not
competitive to subsidize services that are subject to competition.
The Commission, with respect to interstate services, and the
States, with respect to intrastate services, shall establish any
necessary cost allocation rules, accounting safeguards, and
guidelines to ensure that services included in the definition of
universal service bear no more than a reasonable share of the joint
and common costs of facilities used to provide those services.
(l) Internet safety policy requirement for schools and libraries
(1) In general
In carrying out its responsibilities under subsection (h) of
this section, each school or library to which subsection (h) of
this section applies shall -
(A) adopt and implement an Internet safety policy that
addresses -
(i) access by minors to inappropriate matter on the
Internet and World Wide Web;
(ii) the safety and security of minors when using
electronic mail, chat rooms, and other forms of direct
electronic communications;
(iii) unauthorized access, including so-called "hacking",
and other unlawful activities by minors online;
(iv) unauthorized disclosure, use, and dissemination of
personal identification information regarding minors; and
(v) measures designed to restrict minors' access to
materials harmful to minors; and
(B) provide reasonable public notice and hold at least one
public hearing or meeting to address the proposed Internet
safety policy.
(2) 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 -
(A) establish criteria for making such determination;
(B) review the determination made by the certifying school,
school board, local educational agency, library, or other
authority; or
(C) 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) of this
section.
(3) Availability for review
Each Internet safety policy adopted under this subsection shall
be made available to the Commission, upon request of the
Commission, by the school, school board, local educational
agency, library, or other authority responsible for adopting such
Internet safety policy for purposes of the review of such
Internet safety policy by the Commission.
(4) Effective date
This subsection shall apply with respect to schools and
libraries on or after the date that is 120 days after December
21, 2000.