r/title-47-TELECOMMUNICATIONS wiki — defined terms
The statute’s own glossary: every term Title 47 defines, in section order.
“electronic messaging services” applies throughout its subchapter
The term “electronic messaging services” means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages.;
“government” applies throughout its subchapter
The term “government” means the government of the United States and any agency or instrumentality thereof, the District of Columbia, any commonwealth, territory, or possession of the United States, and any State or political subdivision thereof authorized by law to conduct electronic surveillance.;
“information services” applies throughout its subchapter
The term “information services”— (A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and (B) includes— (i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities; (ii) electronic publishing; and (iii) electronic messaging services; but (C) does not include any capability for a telecommunications carrier’s internal management, control, or operation of its telecommunications network.;
“telecommunications carrier” applies throughout its subchapter
The term “telecommunications carrier”— (A) means a person or entity engaged in the transmission or switching of wire or electronic communications as a common carrier for hire; and (B) includes— (i) a person or entity engaged in providing commercial mobile service (as defined in section 332(d) of this title ); or (ii) a person or entity engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for purposes of this …
“telecommunications support services” applies throughout its subchapter
The term “telecommunications support services” means a product, software, or service used by a telecommunications carrier for the internal signaling or switching functions of its telecommunications network.;
“Administrator” applies in that section
the term “Administrator” means the Administrator of the Federal Emergency Management Agency;
“Commission” applies in that section
the term “Commission” means the Federal Communications Commission;
“Emergency Alert System” applies in that section
the term “Emergency Alert System” means the national public warning system, the rules for which are set forth in part 11 of title 47, Code of Federal Regulations (or any successor regulation); and;
“SECC” applies in that section
the term “SECC” means a State Emergency Communications Committee;
“State” applies in that section
the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States; and;
“State EAS Plan” applies in that section
the term “State EAS Plan” means a State Emergency Alert System Plan. (c) False alert reporting Not later than 180 days after January 1, 2021 , the Commission, in consultation with the Administrator, shall complete a rulemaking proceeding to establish a system to receive from the Administrator or State, Tribal, or local governments reports of false alerts under the Emergency Alert System or the Wireless Emergency Alerts System for the purpose of recording such false alerts and examining the causes of such false alerts.
“Wireless Emergency Alerts System” applies in that section
the term “Wireless Emergency Alerts System” means the wireless national public warning system established under the Warning, Alert, and Response Network Act ( 47 U.S.C. 1201 et seq.), the rules for which are set forth in part 10 of title 47, Code of Federal Regulations (or any successor regulation).
“elementary and secondary schools” applies in that section
The term “elementary and secondary schools” means elementary and secondary schools, as defined in section 7801 of title 20 .
“Commission” applies in that section
The term “Commission” means the Federal Communications Commission. (2) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means— (A) an entity that is either— (i) an agency or instrumentality of a State, or a municipality or other subdivision (or agency or instrumentality of a municipality or other subdivision) of a State; (ii) a nonprofit organization that is described in section 501(c)(3) of title 26 and that is exempt from taxation under section 501(a) of such title; or (iii) an independent agency or commission in which an office of a State is a member on behalf of the State; and (B) is the single eligible entity in the State that has been designated by the State to receive a grant under this section.
“anchor community” applies in that section
The term “anchor community” means any area that— (i) except as provided in subparagraph (B), is not more than 15 miles from a historically Black college or university, a Tribal College or University, or a Minority-serving institution; and (ii) has an estimated median annual household income of not more than 250 percent of the poverty line, as that term is defined in section 9902(2) of title 42 .
“Assistant Secretary” applies in that section
The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. (3) Broadband internet access service
“broadband internet access service” applies in that section
The term “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. (4) Commission
“Commission” applies in that section
The term “Commission” means the Federal Communications Commission. (5) Connected device
“connected device” applies in that section
The term “connected device” means a laptop computer, tablet computer, or similar device that is capable of connecting to broadband internet access service. (6) Director
“Director” applies in that section
The term “Director” means the Director of the Office. (7) Eligible equipment
“eligible equipment” applies in that section
The term “eligible equipment” means— (A) a Wi-Fi hotspot; (B) a modem; (C) a router; (D) a device that combines a modem and router; (E) a connected device; or (F) any other equipment used to provide access to broadband internet access service. (8) Eligible recipient
“eligible recipient” applies in that section
The term “eligible recipient” means— (A) a historically Black college or university; (B) a Tribal College or University; (C) a Minority-serving institution; or (D) a consortium that is led by a historically Black college or university, a Tribal College or University, or a Minority-serving institution and that also includes— (i) a minority business enterprise; or (ii) an organization described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title. (9) Historically Black college or university
“historically Black college or university” applies in that section
The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061 of title 20 . (10) Minority-serving institution
“minority business enterprise” applies in that section
The term “minority business enterprise” has the meaning given the term in section 1400.2 of title 15, Code of Federal Regulations, or any successor regulation. (12) Office
“Minority-serving institution” applies in that section
The term “Minority-serving institution” means any of the following: (A) An Alaska Native-serving institution, as that term is defined in section 1059d(b) of title 20 . (B) A Native Hawaiian-serving institution, as that term is defined in section 1059d(b) of title 20 . (C) A Hispanic-serving institution, as that term is defined in section 1101a(a) of title 20 . (D) A Predominantly Black institution, as that term is defined in section 1067q(c) of title 20 . (E) An Asian American and Native American Pacific Islander-serving institution, as that term is defined in section 1059g(b) of title 20 .
“Office” applies in that section
The term “Office” means the Office of Minority Broadband Initiatives established pursuant to subsection (b)(1). (13) Pilot Program
“Pilot Program” applies in that section
The term “Pilot Program” means the Connecting Minority Communities Pilot Program established under the rules promulgated by the Assistant Secretary under subsection (c)(1). (14) Tribal College or University
“Tribal College or University” applies in that section
The term “Tribal College or University” has the meaning given the term in section 1059c(b) of title 20 . (15) Wi-Fi
“Wi-Fi” applies in that section
The term “Wi-Fi” means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11, or any successor standard. (16) Wi-Fi hotspot
“Wi-Fi hotspot” applies in that section
The term “Wi-Fi hotspot” means a device that is capable of— (A) receiving broadband internet access service; and (B) sharing broadband internet access service with another device through the use of Wi-Fi. (b) Office of Minority Broadband Initiatives (1) Establishment Not later than 180 days after December 27, 2020 , the Assistant Secretary shall establish within the National Telecommunications and Information Administration the Office of Minority Broadband Initiatives. (2) Director The Office shall be headed by the Director of the Office of Minority Broadband Initiatives, who shall be appointed by the Assistant Secretary.
“agency” applies in that section
The term “agency” has the meaning given that term in section 551 of title 5 . (2) Assistant Secretary
“Assistant Secretary” applies in that section
The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. (3) Commission
“Commission” applies in that section
The term “Commission” means the Federal Communications Commission. (4) Federal broadband support program The term “Federal broadband support program” does not include any Universal Service Fund Program and means any of the following programs (or any other similar Federal program) to the extent the program offers broadband internet service, support for broadband deployment, or programs for promoting broadband access and adoption for various demographic communities through various media for residential, commercial, community providers, or academic establishments: (A) The Telecommunications and Technology Program of the Appalachian Regional Commission.
“Office” applies in that section
The term “Office” means the Office of Internet Connectivity and Growth established pursuant to subsection (b). (6) Universal Service Fund high-cost programs
“Universal Service Fund high-cost programs” applies in that section
The term “Universal Service Fund high-cost programs” means— (A) the program for Universal Service Support for High-Cost Areas set forth under subpart D of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (B) the Rural Digital Opportunity Fund set forth under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (C) the Interstate Common Line Support Mechanism for Rate-of-Return Carriers set forth under subpart K of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (D) the Mobility Fund and 5G Fund set forth under subpart L of part 54 of title 47, Code of Federal Regulations, or any successor thereto; and …
“Universal Service Fund Program” applies in that section
The term “Universal Service Fund Program” means any program authorized under section 254 of this title to help deploy broadband. (8) Universal service mechanism
“universal service mechanism” applies in that section
The term “universal service mechanism” means any funding stream provided by a Universal Service Fund Program to support broadband access. (h) Rule of construction Nothing in this section is intended to alter or amend any provision of section 254 of this title .
“covered agency” applies in that section
the term “covered agency” means— (i) the Federal Communications Commission; (ii) the Department of Agriculture; and (iii) the National Telecommunications and Information Administration; and;
“high-cost programs” applies in that section
the term “high-cost programs” means— (i) the program for Universal Service Support for High-Cost Areas set forth under subpart D of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (ii) the Rural Digital Opportunity Fund set forth under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (iii) the Interstate Common Line Support Mechanism for Rate-of-Return Carriers set forth under subpart K of part 54 of title 47, Code of Federal Regulations, or any successor thereto; (iv) the Mobility Fund and 5G Fund set forth under subpart L of part 54 of title 47, Code of Federal Regulations, or any successor thereto; and (v) the High Cost …
“700 MHz band” applies throughout its chapter
The term “700 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 698 megahertz to 806 megahertz. (2) 700 MHz D block spectrum
“700 MHz D block spectrum” applies throughout its chapter
The term “700 MHz D block spectrum” means the portion of the electromagnetic spectrum between the frequencies from 758 megahertz to 763 megahertz and between the frequencies from 788 megahertz to 793 megahertz. (3) Appropriate committees of Congress Except as otherwise specifically provided,
“appropriate committees of Congress” applies throughout its chapter
the term “appropriate committees of Congress” means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (4) Assistant Secretary
“Assistant Secretary” applies throughout its chapter
The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. (5) Board
“Board” applies throughout its chapter
The term “Board” means the Board of the First Responder Network Authority established under section 1424(b) of this title . (6) Broadcast television licensee
“broadcast television licensee” applies throughout its chapter
The term “broadcast television licensee” means the licensee of— (A) a full-power television station; or (B) a low-power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations. (7) Broadcast television spectrum
“broadcast television spectrum” applies throughout its chapter
The term “broadcast television spectrum” means the portions of the electromagnetic spectrum between the frequencies from 54 megahertz to 72 megahertz, from 76 megahertz to 88 megahertz, from 174 megahertz to 216 megahertz, and from 470 megahertz to 698 megahertz. (8) Commercial mobile data service
“commercial mobile data service” applies throughout its chapter
The term “commercial mobile data service” means any mobile service (as defined in section 153 of this title ) that is— (A) a data service; (B) provided for profit; and (C) available to the public or such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission. (9) Commercial mobile service
“commercial mobile service” applies throughout its chapter
The term “commercial mobile service” has the meaning given such term in section 332 of this title . (10) Commercial standards
“commercial standards” applies throughout its chapter
The term “commercial standards” means the technical standards followed by the commercial mobile service and commercial mobile data service industries for network, device, and Internet Protocol connectivity. Such term includes standards developed by the Third Generation Partnership Project (3GPP), the Institute of Electrical and Electronics Engineers (IEEE), the Alliance for Telecommunications Industry Solutions (ATIS), the Internet Engineering Task Force (IETF), and the International Telecommunication Union (ITU). (11) Commission
“Commission” applies throughout its chapter
The term “Commission” means the Federal Communications Commission. (12) Core network
“core network” applies throughout its chapter
The term “core network” means the core network described in section 1422(b)(1) of this title . (13) Emergency call
“emergency call” applies throughout its chapter
The term “emergency call” means any real-time communication with a public safety answering point or other emergency management or response agency, including— (A) through voice, text, or video and related data; and (B) nonhuman-initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications. (14) Existing public safety broadband spectrum
“existing public safety broadband spectrum” applies throughout its chapter
The term “existing public safety broadband spectrum” means the portion of the electromagnetic spectrum between the frequencies— (A) from 763 megahertz to 768 megahertz; (B) from 793 megahertz to 798 megahertz; (C) from 768 megahertz to 769 megahertz; and (D) from 798 megahertz to 799 megahertz. (15) First Responder Network Authority
“First Responder Network Authority” applies throughout its chapter
The term “First Responder Network Authority” means the First Responder Network Authority established under section 1424 of this title . (16) Forward auction
“forward auction” applies throughout its chapter
The term “forward auction” means the portion of an incentive auction of broadcast television spectrum under section 1452(c) of this title . (17) Incentive auction
“incentive auction” applies throughout its chapter
The term “incentive auction” means a system of competitive bidding under subparagraph (G) of section 309(j)(8) of this title , as added by section 6402. (18) Interoperability Board
“Interoperability Board” applies throughout its chapter
The term “Interoperability Board” means the Technical Advisory Board for First Responder Interoperability established under section 1423 of this title . (19) Multichannel video programming distributor
“multichannel video programming distributor” applies throughout its chapter
The term “multichannel video programming distributor” has the meaning given such term in section 522 of this title . (20) Narrowband spectrum
“narrowband spectrum” applies throughout its chapter
The term “narrowband spectrum” means the portion of the electromagnetic spectrum between the frequencies from 769 megahertz to 775 megahertz and between the frequencies from 799 megahertz to 805 megahertz. (21) Nationwide public safety broadband network
“nationwide public safety broadband network” applies throughout its chapter
The term “nationwide public safety broadband network” means the nationwide, interoperable public safety broadband network described in section 1422 of this title . (22) Next Generation 9–1–1 services
“Next Generation 9–1–1 services” applies throughout its chapter
The term “Next Generation 9–1–1 services” means an IP-based system comprised of hardware, software, data, and operational policies and procedures that— (A) provides standardized interfaces from emergency call and message services to support emergency communications; (B) processes all types of emergency calls, including voice, text, data, and multimedia information; (C) acquires and integrates additional emergency call data useful to call routing and handling; (D) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities; (E) supports data or video communications needs for coordinated incident response and …
“NIST” applies throughout its chapter
The term “NIST” means the National Institute of Standards and Technology. (24) NTIA
“NTIA” applies throughout its chapter
The term “NTIA” means the National Telecommunications and Information Administration. (25) Public safety answering point
“public safety answering point” applies throughout its chapter
The term “public safety answering point” has the meaning given such term in section 222 of this title . (26) Public safety entity
“public safety entity” applies throughout its chapter
The term “public safety entity” means an entity that provides public safety services. (27) Public safety services
“public safety services” applies throughout its chapter
The term “public safety services”— (A) has the meaning given the term in section 337(f) of this title ; and (B) includes services provided by emergency response providers, as that term is defined in section 101 of title 6 . (28) Public Safety Trust Fund
“Public Safety Trust Fund” applies throughout its chapter
The term “Public Safety Trust Fund” means the trust fund established under section 1457(a)(1) of this title . (29) Radio access network
“radio access network” applies throughout its chapter
The term “radio access network” means the radio access network described in section 1422(b)(2) of this title . (30) Reverse auction
“reverse auction” applies throughout its chapter
The term “reverse auction” means the portion of an incentive auction of broadcast television spectrum under section 1452(a) of this title , in which a broadcast television licensee may submit bids stating the amount it would accept for voluntarily relinquishing some or all of its broadcast television spectrum usage rights. (31) State
“State” applies throughout its chapter
The term “State” has the meaning given such term in section 153 of this title . (32) Ultra high frequency
“ultra high frequency” applies throughout its chapter
The term “ultra high frequency” means, with respect to a television channel, that the channel is located in the portion of the electromagnetic spectrum between the frequencies from 470 megahertz to 698 megahertz. (33) Very high frequency
“very high frequency” applies throughout its chapter
The term “very high frequency” means, with respect to a television channel, that the channel is located in the portion of the electromagnetic spectrum between the frequencies from 54 megahertz to 72 megahertz, from 76 megahertz to 88 megahertz, or from 174 megahertz to 216 megahertz.
“low power television station” applies in that section
The term “low power television station” means a low power TV station (as defined in section 74.701 of title 47, Code of Federal Regulations) that was licensed and transmitting for at least 9 of the 12 months prior to April 13, 2017 . For purposes of the preceding sentence, the operation of analog and digital companion facilities may be combined. (B) Television translator station
“television translator station” applies in that section
The term “television translator station” means a television broadcast translator station (as defined in section 74.701 of title 47, Code of Federal Regulations) that was licensed and transmitting for at least 9 of the 12 months prior to April 13, 2017 . For purposes of the preceding sentence, the operation of analog and digital companion facilities may be combined.
“5350–5470 MHz band” applies in that section
The term “5350–5470 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz. (2) 5850–5925 MHz band
“5850–5925 MHz band” applies in that section
The term “5850–5925 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5850 megahertz to 5925 megahertz.
“communications facility installation” applies in that section
The term “communications facility installation” includes— (A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and (B) any antenna or apparatus that— (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require …
“eligible facilities request” applies in that section
the term “eligible facilities request” means any request for modification of an existing wireless tower or base station that involves— (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment. (3) Applicability of environmental laws Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act 1 or the National Environmental Policy Act of 1969.
“executive agency” applies in that section
The term “executive agency” has the meaning given such term in section 102 of title 40 .
“MLTS” applies throughout its subchapter
The term “multi-line telephone system” or “MLTS” means a system comprised of common control units, telephone sets, control hardware and software and adjunct systems, including network and premises based systems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission under part 68 of title 47, Code of Federal Regulations), and includes systems owned or leased by governmental agencies and non-profit entities, as well as for profit businesses. (3) Office
“multi-line telephone system” applies throughout its subchapter
The term “multi-line telephone system” or “MLTS” means a system comprised of common control units, telephone sets, control hardware and software and adjunct systems, including network and premises based systems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission under part 68 of title 47, Code of Federal Regulations), and includes systems owned or leased by governmental agencies and non-profit entities, as well as for profit businesses. (3) Office
“Office” applies throughout its subchapter
The term “Office” means the 9–1–1 Implementation Coordination Office established under section 942 of this title .
“appropriate committees of Congress” applies throughout its chapter
The term “appropriate committees of Congress” means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) each committee of the Senate or of the House of Representatives with jurisdiction over a Federal entity affected by the applicable section in which the term appears. (2) Commission
“Commission” applies throughout its chapter
The term “Commission” means the Federal Communications Commission. (3) Federal entity
“Federal entity” applies throughout its chapter
The term “Federal entity” has the meaning given the term in section 923( l ) of this title. (4) NTIA
“NTIA” applies throughout its chapter
The term “NTIA” means the National Telecommunications and Information Administration of the Department of Commerce. (5) OMB
“OMB” applies throughout its chapter
The term “OMB” means the Office of Management and Budget. (6) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Commerce.
“appropriate State agency” applies in that section
The term “appropriate State agency” means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure. (2) Broadband infrastructure
“broadband infrastructure” applies in that section
The term “broadband infrastructure” means any buried, underground, or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof. (3) Broadband infrastructure entity
“broadband infrastructure entity” applies in that section
The term “broadband infrastructure entity” means any entity that— (A) installs, owns, or operates broadband infrastructure; and (B) provides broadband services in a manner consistent with the public interest, convenience, and necessity, as determined by the State. (4) State
“State” applies in that section
The term “State” means— (A) a State; (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico. (b) Broadband infrastructure deployment To facilitate the installation of broadband infrastructure, the Secretary of Transportation shall promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23 meets the following requirements: (1) Broadband consultation The State department of transportation, in consultation with appropriate State agencies, shall— (A) identify a broadband utility coordinator, that may have additional responsibilities, whether in the State department of transportation or in another State agency, that is responsible for …
“covered small carrier” applies in that section
The term “covered small carrier” means a carrier (as defined in section 153 of this title ) that— (A) has not more than 1,500 employees (as determined under section 121.106 of title 13, Code of Federal Regulations, or any successor thereto); and (B) offers services using the facilities of the carrier. (2) Rural area
“rural area” applies in that section
The term “rural area” means any area other than— (A) a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or (B) an urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants.
“Spectrum Relocation Fund” applies in that section
The term “Spectrum Relocation Fund” means the Fund established under section 928 of this title . (2) Unlicensed or licensed by rule operations
“unlicensed or licensed by rule operations” applies in that section
The term “unlicensed or licensed by rule operations” means the use of spectrum on a non-exclusive basis under— (A) part 15 of title 47, Code of Federal Regulations; or (B) licensing by rule under part 96 of title 47, Code of Federal Regulations. (b) National plan Not later than 18 months after March 23, 2018 , the Commission, in consultation with the NTIA, shall develop a national plan for making additional radio frequency bands available for unlicensed or licensed by rule operations.
“prize competition” applies in that section
the term “prize competition” means a prize competition conducted by the Secretary under subsection (c)(1). (c) Spectrum Challenge Prize (1) In general The Secretary, in consultation with the Assistant Secretary of Commerce for Communications and Information and the Under Secretary of Commerce for Standards and Technology, shall, subject to the availability of funds for prize competitions under this section— (A) conduct prize competitions to dramatically accelerate the development and commercialization of technology that improves spectrum efficiency and is capable of cost-effective deployment; and (B) define a measurable set of performance goals for participants in the prize competitions to …
“financial transaction” applies in that section
The term “financial transaction” means a transaction in which the purchaser or user of a wireless telecommunications service upon whom a tax, fee, or surcharge is imposed gives cash, credit, or any other exchange of monetary value or consideration to the person who is required to collect or remit the tax, fee, or surcharge. (2) Local jurisdiction
“local jurisdiction” applies in that section
The term “local jurisdiction” means a political subdivision of a State. (3) State
“State” applies in that section
The term “State” means any of the several States, the District of Columbia, and any territory or possession of the United States. (4) State or local jurisdiction
“State or local jurisdiction” applies in that section
The term “State or local jurisdiction” includes any governmental entity or person acting on behalf of a State or local jurisdiction that has the authority to assess, impose, levy, or collect taxes or fees. (5) Wireless telecommunications service
“wireless telecommunications service” applies in that section
The term “wireless telecommunications service” means a commercial mobile radio service, as defined in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto. (c) Financial transaction requirement (1) In general A State, or a local jurisdiction of a State, may not require a person who is neither a resident of such State or local jurisdiction nor an entity having its principal place of business in such State or local jurisdiction to collect from, or remit on behalf of, any other person a State or local tax, fee, or surcharge imposed on a purchaser or user with respect to the purchase or use of any wireless telecommunications service within the State unless the …
“Assistant Secretary” applies in that section
The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. (2) Foreign adversary
“foreign adversary” applies in that section
The term “foreign adversary” means any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons. (3) Supply chain security risk
“supply chain security risk” applies in that section
The term “supply chain security risk” includes specific risk and vulnerability information related to equipment and software. (4) Trusted
“trusted” applies in that section
The term “trusted” means, with respect to a provider of advanced communications service or a supplier of communications equipment or service, that the Assistant Secretary has determined that such provider or supplier is not owned by, controlled by, or subject to the influence of a foreign adversary.
“advanced communications service” applies throughout its chapter
The term “advanced communications service” has the meaning given the term “advanced telecommunications capability” in section 1302 of this title . (2) Appropriate national security agency
“appropriate national security agency” applies throughout its chapter
The term “appropriate national security agency” means— (A) the Department of Homeland Security; (B) the Department of Defense; (C) the Office of the Director of National Intelligence; (D) the National Security Agency; and (E) the Federal Bureau of Investigation. (3) Commission
“Commission” applies throughout its chapter
The term “Commission” means the Federal Communications Commission. (4) Communications equipment or service
“communications equipment or service” applies throughout its chapter
The term “communications equipment or service” means any equipment or service that is essential to the provision of advanced communications service. (5) Covered communications equipment or service
“covered communications equipment or service” applies throughout its chapter
The term “covered communications equipment or service” means any communications equipment or service that is on the list published by the Commission under section 1601(a) of this title . (6) Customers
“customers” applies throughout its chapter
The term “customers” means, with respect to a provider of advanced communications service— (A) the customers of such provider; and (B) the customers of any affiliate (as defined in section 153 of this title ) of such provider. (7) Executive branch interagency body
“executive branch interagency body” applies throughout its chapter
The term “executive branch interagency body” means an interagency body established in the executive branch. (8) Person
“person” applies throughout its chapter
The term “person” means an individual or entity. (9) Program
“Program” applies throughout its chapter
The term “Program” means the Secure and Trusted Communications Networks Reimbursement Program established under section 1603(a) of this title . (10) Provider of advanced communications service
“provider of advanced communications service” applies throughout its chapter
The term “provider of advanced communications service”— (A) means a person who provides advanced communications service to United States customers; and (B) includes— (i) accredited public or private noncommercial educational institutions, providing their own facilities-based educational broadband service, as defined in section 27.4 of title 47, Code of Federal Regulations, or any successor regulation; and (ii) health care providers and libraries providing advanced communications service. (11) Recipient
“recipient” applies throughout its chapter
The term “recipient” means any provider of advanced communications service the application of which for a reimbursement under the Program has been approved by the Commission, regardless of whether the provider has received reimbursement funds. (12) Reimbursement funds
“reimbursement funds” applies throughout its chapter
The term “reimbursement funds” means any reimbursement received under the Program.
“agency” applies throughout its subchapter
the terms “agency” and “Federal broadband support program” have the meanings given those terms in section 903 of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) [ 47 U.S.C. 1307 ] (also known as the “ACCESS BROADBAND Act”). (ii) Requirement An agency that offers a Federal broadband support program shall provide data to the Assistant Secretary, in a manner and format prescribed by the Assistant Secretary, to promote coordination of efforts to track construction and use of broadband infrastructure.
“Assistant Secretary” applies in that section
The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. (B) Broadband; broadband service
“broadband” applies in that section
The term “broadband” or “broadband service” has the meaning given the term “broadband internet access service” in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (C) Broadband DATA maps
“broadband DATA maps” applies in that section
The term “broadband DATA maps” means the maps created under section 802(c)(1) of the Communications Act of 1934 ( 47 U.S.C. 642(c)(1) ). (D) Commission
“broadband service” applies in that section
The term “broadband” or “broadband service” has the meaning given the term “broadband internet access service” in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (C) Broadband DATA maps
“broadband-serviceable location” applies in that section
The terms “location” and “broadband-serviceable location” have the meanings given those terms by the Commission under rules and guidance that are in effect, as of November 15, 2021 . (I) Priority broadband project
“Commission” applies in that section
The term “Commission” means the Federal Communications Commission. (E) Community anchor institution
“community anchor institution” applies in that section
The term “community anchor institution” means an entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, public housing organization, or community support organization that facilitates greater use of broadband service by vulnerable populations, including low-income individuals, unemployed individuals, and aged individuals. (F) Eligible entity
“covered application” applies in that section
the term “covered application” means a letter of intent, initial proposal, or final proposal under this section. (B) Political subdivisions and consortia (i) Application failures The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to submit a covered application by the applicable deadline, or a covered application submitted by an eligible entity is not approved by the applicable deadline, a political subdivision or consortium of political subdivisions of the eligible entity may submit the applicable type of covered application in place of the eligible entity.
“eligible community anchor institution” applies in that section
The term “eligible community anchor institution” means a community anchor institution that lacks access to gigabit-level broadband service. (2) Other definitions In this section: (A) Assistant Secretary
“eligible entity” applies in that section
The term “eligible entity” means a State. (G) High-cost area (i) In general
“Federal broadband support program” applies throughout its subchapter
the terms “agency” and “Federal broadband support program” have the meanings given those terms in section 903 of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) [ 47 U.S.C. 1307 ] (also known as the “ACCESS BROADBAND Act”). (ii) Requirement An agency that offers a Federal broadband support program shall provide data to the Assistant Secretary, in a manner and format prescribed by the Assistant Secretary, to promote coordination of efforts to track construction and use of broadband infrastructure.
“Federal regional commission or authority” applies in that section
the term “Federal regional commission or authority” means— (i) the Appalachian Regional Commission; (ii) the Delta Regional Authority; (iii) the Denali Commission; and (iv) the Northern Border Regional Commission.
“high-cost area” applies in that section
The term “high-cost area” means an unserved area in which the cost of building out broadband service is higher, as compared with the average cost of building out broadband service in unserved areas in the United States (as determined by the Assistant Secretary, in consultation with the Commission), incorporating factors that include— (I) the remote location of the area; (II) the lack of population density of the area; (III) the unique topography of the area; (IV) a high rate of poverty in the area; or (V) any other factor identified by the Assistant Secretary, in consultation with the Commission, that contributes to the higher cost of deploying broadband service in the area.
“location” applies in that section
The terms “location” and “broadband-serviceable location” have the meanings given those terms by the Commission under rules and guidance that are in effect, as of November 15, 2021 . (I) Priority broadband project
“priority broadband project” applies in that section
The term “priority broadband project” means a project designed to— (i) provide broadband service that meets speed, latency, reliability, consistency in quality of service, and related criteria as the Assistant Secretary shall determine; and (ii) ensure that the network built by the project can easily scale speeds over time to— (I) meet the evolving connectivity needs of households and businesses; and (II) support the deployment of 5G, successor wireless technologies, and other advanced services. (J) Program
“Program” applies in that section
The term “Program” means the Broadband Equity, Access, and Deployment Program established under subsection (b)(1). (K) Project
“project” applies in that section
The term “project” means an undertaking by a subgrantee under this section to construct and deploy infrastructure for the provision of broadband service. (L) Reliable broadband service
“reliable broadband service” applies in that section
The term “reliable broadband service” means broadband service that meets performance criteria for service availability, adaptability to changing end-user requirements, length of serviceable life, or other criteria, other than upload and download speeds, as determined by the Assistant Secretary in coordination with the Commission. (M) State
“State” applies in that section
The term “State” has the meaning given the term in section 942 of this title , except that that definition shall be applied by striking “, and any other territory or possession of the United States”. (N) Subgrantee
“subgrantee” applies in that section
The term “subgrantee” means an entity that receives grant funds from an eligible entity to carry out activities under subsection (f). (b) Broadband Equity, Access, and Deployment Program (1) Establishment Not later than 180 days after November 15, 2021 , the Assistant Secretary shall establish a grant program, to be known as the “Broadband Equity, Access, and Deployment Program”, under which the Assistant Secretary makes grants to eligible entities, in accordance with this section, to bridge the digital divide. (2) Authorization of appropriations There is authorized to be appropriated to the Assistant Secretary to carry out the Program $42,450,000,000.
“underserved location” applies in that section
The term “underserved location” means a location— (i) that is not an unserved location; and (ii) as determined in accordance with the broadband DATA maps, lacks access to reliable broadband service offered with— (I) a speed of not less than— (aa) 100 megabits per second for downloads; and (bb) 20 megabits per second for uploads; and (II) a latency sufficient to support real-time, interactive applications. (D) Underserved service project
“underserved service project” applies in that section
The term “underserved service project” means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations or underserved locations. (E) Eligible community anchor institution
“unserved area” applies in that section
the term “unserved area” means an area in which not less than 80 percent of broadband-serviceable locations are unserved locations. (H) Location; broadband-serviceable location
“unserved location” applies in that section
The term “unserved location” means a broadband-serviceable location, as determined in accordance with the broadband DATA maps, that— (i) has no access to broadband service; or (ii) lacks access to reliable broadband service offered with— (I) a speed of not less than— (aa) 25 megabits per second for downloads; and (bb) 3 megabits per second for uploads; and (II) a latency sufficient to support real-time, interactive applications. (B) Unserved service project
“unserved service project” applies in that section
The term “unserved service project” means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations. (C) Underserved location
“Commission” applies in that section
the term “Commission” means the Federal Communications Commission. (b) Provision of information A broadband provider shall provide the Commission with any information, in the format, type, or specification requested by the Commission, necessary to augment the collection of data by the Commission under— (1) title VIII of the Communications Act of 1934 ( 47 U.S.C. 641 et seq.); or (2) the Form 477 data collection program. (c) Notice of initial broadband DATA collection filing deadline The Commission— (1) shall provide notice to broadband providers not later than 60 days before the initial deadline for submission of data under section 802(a)(1)(A) of the Communications Act of 1934 ( 47 U.S.C.
“broadband infrastructure” applies in that section
The term “broadband infrastructure” means any cables, fiber optics, wiring, or other permanent (integral to the structure) infrastructure, including wireless infrastructure, that— (A) is capable of providing access to internet connections in individual locations; and (B) is an advanced telecommunications capability, as defined in section 1302(d) of this title . (2) Commission
“Commission” applies in that section
The term “Commission” means the Federal Communications Commission. (3) Deployment Locations Map
“Deployment Locations Map” applies in that section
The term “Deployment Locations Map” means the mapping tool required to be established under subsection (b). (b) Establishment of Deployment Locations Map Not later than 18 months after November 15, 2021 , the Commission shall, in consultation with all relevant Federal agencies, establish an online mapping tool to provide a locations overview of the overall geographic footprint of each broadband infrastructure deployment project funded by the Federal Government.
“Assistant Secretary” applies in that section
The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. (2) Broadband or broadband service.—