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47 U.S.C. § 395Assistance for demonstration projects

submitted 92 years ago by Pub. L. 95-567 to r/title-47-TELECOMMUNICATIONS · 827 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary give grants and contracts to demonstrate new nonbroadcast telecommunications technology. Projects must deliver health, education, or public service information and stay under the applicant's control. Congress authorized $1,000,000 per year for fiscal years 1979 through 1981.

(a) Authorization for grants and contracts: This subpart's purpose is to promote developing nonbroadcast telecommunications facilities and services that transmit, distribute, and deliver health, education, and public or social service information. The Secretary may make grants to, and sign contracts with, public and private nonprofit agencies, organizations, and institutions to carry out telecommunications demonstrations, once they submit an application in whatever form and with whatever information the Secretary requires by regulation. (b) Application approval: The Secretary may approve an application if the Secretary decides that the project will demonstrate new or innovative methods or techniques for using nonbroadcast telecommunications equipment or facilities that fit this subpart's purpose; the demonstration and related activities will stay under the applicant's own administration and control; the applicant has the management and technical skill to carry out the project; and the facilities and equipment involved will mostly be used to transmit, distribute, and deliver health, education, or public or social service information. (c) Contract with applicant: Once the Secretary approves an application, the Secretary makes a grant to, or signs a contract with, the applicant, for an amount the Secretary decides — but not more than the project's reasonable and necessary cost. The Secretary pays this money from available funds, either in advance or as reimbursement, in installments that match normal practice, as the Secretary determines. (d) Use of funds: Money from this subpart cannot be used to build, remodel, or repair buildings to house facilities or equipment — except that funds may cover minor remodeling that is necessary and incidental to installing the facilities or equipment. (e) "Nonbroadcast telecommunications facilities" defined: For this section, this term includes — but is not limited to — cable television systems, communications satellite systems and their related ground equipment, and other ways of transmitting, sending, or receiving images, sounds, or information by wire, radio, optical, electromagnetic, or other means. (f) Funding: Funding for any demonstration under this subpart cannot last more than 3 years from the date of the original grant or contract. (g) Summary and evaluation: The Secretary must require anyone who gets a grant or contract to submit a summary and evaluation of the demonstration's results at least once a year, for each year they receive funds under this section. (h) Recordkeeping requirements; accessibility: Every recipient must keep records the Secretary needs to carry out the Secretary's duties under this subpart — including records showing how much money was received and how it was spent, the project's total cost, how much of that cost came from other sources, and anything else needed for a proper audit. The Secretary and the Comptroller General (or their authorized representatives) can inspect any of the recipient's books, documents, papers, and records connected to the assistance, for audit purposes. (i) Rules and regulations: The Secretary may make rules and regulations needed to carry out this subpart, including rules about which project applications get priority and how much money each grant should be. (j) Assistance: The Commission (the FCC) may help carry out this subpart however the Secretary asks. The Secretary must closely coordinate with the Commission when doing Secretary duties under this subpart that affect or interest the Commission, and must also closely coordinate with the Corporation on Secretary duties under this subpart that affect or interest the Corporation. (k) Authorization of appropriations: Congress authorized $1,000,000 for each of fiscal years 1979, 1980, and 1981, for the Secretary to carry out this subpart. Money appropriated for a fiscal year stays available to pay grants or contracts for projects whose applications were approved and submitted within one year after that fiscal year ends.
the actual law source: uscode.house.gov ↗public domain
(a) Authorization for grants and contracts

It is the purpose of this subpart to promote the development of nonbroadcast telecommunications facilities and services for the transmission, distribution, and delivery of health, education, and public or social service information. The Secretary is authorized, upon receipt of an application in such form and containing such information as he may by regulation require, to make grants to, and enter into contracts with, public and private nonprofit agencies, organizations, and institutions for the purpose of carrying out telecommunications demonstrations.

(b) Application approval

The Secretary may approve an application submitted under subsection (a) if he determines that—

(1)

the project for which application is made will demonstrate innovative methods or techniques of utilizing nonbroadcast telecommunications equipment or facilities to satisfy the purpose of this subpart;

(2)

demonstrations and related activities assisted under this subpart will remain under the administration and control of the applicant;

(3)

the applicant has the managerial and technical capability to carry out the project for which the application is made; and

(4)

the facilities and equipment acquired or developed pursuant to the application will be used substantially for the transmission, distribution, and delivery of health, education, or public or social service information.

(c) Contract with applicant

Upon approving any application under this subpart with respect to any project, the Secretary shall make a grant to or enter into a contract with the applicant in an amount determined by the Secretary not to exceed the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sums available therefor, in advance or by way of reimbursement, and in such installments consistent with established practice, as he may determine.

(d) Use of funds

Funds made available pursuant to this subpart shall not be available for the construction, remodeling, or repair of structures to house the facilities or equipment acquired or developed with such funds, except that such funds may be used for minor remodeling which is necessary for and incidental to the installation of such facilities or equipment.

(e) “Nonbroadcast telecommunications facilities” defined

For purposes of this section, the term “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.

(f) Funding

The funding of any demonstration pursuant to this subpart shall continue for not more than 3 years from the date of the original grant or contract.

(g) Summary and evaluation

The Secretary shall require that the recipient of a grant or contract under this subpart submit a summary and evaluation of the results of the demonstration at least annually for each year in which funds are received pursuant to this section.

(h) Recordkeeping requirements; accessibility
(1)

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

(2)

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

(i) Rules and regulations

The Secretary is authorized to make such rules and regulations as may be necessary to carry out this subpart, including regulations relating to the order of priority in approving applications for projects under this subpart or to determining the amounts of grants for such projects.

(j) Assistance

The Commission is authorized to provide such assistance in carrying out the provisions of this subpart as may be requested by the Secretary. The Secretary shall provide for close coordination with the Commission in the administration of the Secretary’s functions under this subpart which are of interest to or affect the functions of the Commission. The Secretary shall provide for close coordination with the Corporation in the administration of the Secretary’s functions under this subpart which are of interest to or affect the functions of the Corporation.

(k) Authorization of appropriations

There are authorized to be appropriated $1,000,000 for each of the fiscal years 1979, 1980, and 1981, to be used by the Secretary to carry out the provisions of this subpart. Sums appropriated under this subsection for any fiscal year shall remain available for payment of grants or contracts for projects for which applications approved under this subpart have been submitted within one year after the last day of such fiscal year.

Source credit: (June 19, 1934, ch. 652, title III, § 395, as added Pub. L. 95–567, title II, § 201, Nov. 2, 1978, 92 Stat. 2409.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 95-567 · 92 Stat. 2409

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-567 on 1934-06-19.

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