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

submitted 92 years ago by Pub. L. 87-447 to r/title-47-TELECOMMUNICATIONS · 962 words · no verdicts yet

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This law lets the Secretary give grants to build public telecommunications facilities. Applicants must prove they qualify and follow the rules. The government can recover money if the facility stops serving its public purpose.

(a) Applications for grants: Anyone applying for a grant to build public telecommunications facilities must send the Secretary an application. It must include the total project cost, how much grant money is requested, and a 5-year plan for future facility needs and costs. The applicant must also promise the Secretary that: (1) it is one of these: a public broadcast station; a noncommercial telecommunications entity; a system of public telecommunications entities; a nonprofit group organized mainly for education or culture; or a State or local government or part of one; (2) the applicant will control how the facilities are run; (3) the applicant will have enough money to build, run, and maintain the facilities when needed; (4) the facilities will mainly provide public telecommunications services, and any other use won't get in the way of that; (5) the applicant has taken part in planning for these facilities in its area, including looking at other technologies and coordinating with state educational TV and radio agencies as appropriate; and (6) the applicant will use the grant efficiently. (b) Amount of grant: If the Secretary approves an application, the Secretary decides the grant amount, but it can't be more than 75 percent of what the Secretary decides is the reasonable, necessary cost of the project. (c) Information and assurances: The Secretary may also give money to plan projects that might later get construction funds. A planning-grant applicant must give the same kind of information and promise the Secretary that it meets the eligibility rules in (a) for construction help too. (d) Studies: If a grant recipient's funds pay for any studies, the recipient must give those studies to the Secretary. (e) Rules and regulations: The Secretary must write rules to carry out this part, including rules about which applications get approved first and how much each grant should be. (f) Minorities and women: When setting grant criteria and deciding application priority, the Secretary must give special consideration to applications that would increase ownership, operation, and participation by minorities and women in public telecommunications. The Secretary must actively tell minorities and women about available funding, where new facilities are needed, and give other appropriate help and information. (g) Recovering funds: If, within 10 years after a facility is built with grant money, either (1) the owner stops being one of the eligible entity types listed in (a)(1), or (2) the facility stops being used mainly for public telecommunications services (or other uses interfere with that), then the United States can recover money from the owner. The amount owed uses the same ratio the federal grant was to the total construction cost, applied to the facility's value at the time of the violation. That value is set either by agreement of the parties or by a lawsuit in the federal district court where the facility is located. (h) Recordkeeping requirements: Anyone who gets this assistance must keep records the Secretary needs to do the Secretary's job, including a full inventory of all facilities the recipient controls, and records showing how the money was used, the project's total cost, money from other sources, and anything else needed for a proper audit. (i) Accessibility of records: The Secretary and the Comptroller General (or their authorized representatives) can inspect any books, documents, papers, and records connected to assistance received under this part, for audit purposes.

the actual law source: uscode.house.gov ↗public domain

(a) Applications for grants

For each project for the construction of public telecommunications facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may require, including the total cost of such project, the amount of the grant requested for such project, and a 5-year plan outlining the applicant’s projected facilities requirements and the projected costs of such facilities requirements. Each applicant shall also provide assurances satisfactory to the Secretary that—

(1)

the applicant is (A) a public broadcast station; (B) a noncommercial telecommunications entity; (C) a system of public telecommunications entities; (D) a nonprofit foundation, corporation, institution, or association organized primarily for educational or cultural purposes; or (E) a State or local government (or any agency thereof), or a political or special purpose subdivision of a State;

(2)

the operation of such public telecommunications facilities will be under the control of the applicant;

(3)

necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed;

(4)

such public telecommunications facilities will be used primarily for the provision of public telecommunications services, and that the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services will not interfere with the provision of such public telecommunications services as required in this part;

(5)

the applicant has participated in comprehensive planning for such public telecommunications facilities in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate technologies and coordination with State educational television and radio agencies, as appropriate; and

(6)

the applicant will make the most efficient use of the grant.

(b) Amount of grant

Upon approving any application under this section with respect to any project for the construction of public telecommunications facilities, the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amount shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of such project.

The Secretary may provide such funds as the Secretary deems necessary for the planning of any project for which construction funds may be obtained under this section. An applicant for a planning grant shall provide such information with respect to such project as the Secretary may require and shall provide assurances satisfactory to the Secretary that the applicant meets the eligible requirements of subsection (a) to receive construction assistance.

(d) Studies

Any studies conducted by or for any grant recipient under this section shall be provided to the Secretary, if such studies are conducted through the use of funds received under this section.

(e) Rules and regulations

The Secretary shall establish such rules and regulations as may be necessary to carry out this subpart, including rules and regulations relating to the order of priority in approving applications for construction projects and relating to determining the amount of each grant for such projects.

(f) Minorities and women

In establishing criteria for grants pursuant to section 393 of this title and in establishing procedures relating to the order of priority established in subsection (e) in approving applications for grants, the Secretary shall give special consideration to applications which would increase minority and women’s ownership of, operation of, and participation in public telecommunications entities. The Secretary shall take affirmative steps to inform minorities and women of the availability of funds under this subpart, and the localities where new public telecommunications facilities are needed, and to provide such other assistance and information as may be appropriate.

(g) Recovering funds

If, within 10 years after completion of any project for construction of public telecommunications facilities with respect to which a grant has been made under this section—

(1)

the applicant or other owner of such facilities ceases to be an agency, institution, foundation, corporation, association, or other entity described in subsection (a)(1); or

(2)

such facilities cease to be used primarily for the provision of public telecommunications services (or the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services interferes with the provision of such public telecommunications services as required in this part);

the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the value of such facilities at the time the applicant ceases to be such an entity or at the time of such determination (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated), as the amount of the Federal participation bore to the cost of construction of such facilities.

(h) Recordkeeping requirements

Each recipient of assistance under this subpart shall keep such records as may be reasonably necessary to enable the Secretary to carry out the functions of the Secretary under this subpart, including a complete and itemized inventory of all public telecommunications facilities under the control of such recipient, and records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project in connection with which such assistance is given or used, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit.

(i) Accessibility of records

The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any recipient of assistance under this subpart that are pertinent to assistance received under this subpart.

Source credit: (June 19, 1934, ch. 652, title III, § 392, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90–129, title I, §§ 102, 103(b)–(e), 104, Nov. 7, 1967, 81 Stat. 365–367; Pub. L. 94–309, § 4, June 5, 1976, 90 Stat. 683; Pub. L. 95–567, title I, § 103(a), Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97–35, title XII, § 1223, Aug. 13, 1981, 95 Stat. 725.)

history & why it existsrecord from the source credit

1934Enacted · Pub. L. 87-447 · 76 Stat. 65
1967Amended · Pub. L. 90-129 · 81 Stat. 365
1976Amended · Pub. L. 94-309 · 90 Stat. 683
1978Amended · Pub. L. 95-567 · 92 Stat. 2405
1981Amended · Pub. L. 97-35 · 95 Stat. 725

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-447 on 1934-06-19.

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