
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC392]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
      Part IV--Assistance for Planning and Construction of Public 
   Telecommunications Facilities; Telecommunications Demonstrations; 
         Corporation for Public Broadcasting; General Provisions
 
     subpart a--assistance for planning and construction of public 
                      telecommunications facilities
 
Sec. 392. Grants for construction


(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.

(c) Information and assurances

    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) of this section 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) of this section 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) of this section; 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.

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


                               Amendments

    1981--Subsec. (a)(4). Pub. L. 97-35, Sec. 1223(a), inserted 
provisions relating to noninterference of facilities with services 
required under this part, and substituted ``primarily'' for ``only''.
    Subsec. (g)(2). Pub. L. 97-35, Sec. 1223(b), substituted 
``primarily'' for ``only'', and provisions relating to interference of 
uses of facilities for provisions relating to good cause for release of 
applicant or owner from requirements.
    1978--Pub. L. 95-567 completely revised and restructured existing 
provisions, inserting provisions requiring applicant to submit a 5 year 
plan, allowing nonprofit educational or cultural groups to apply for 
grants, authorizing the Secretary to make grants up to 75 percent of the 
cost, establishing rules and regulations for approving grants and 
administering grants made before, on or after Nov. 2, 1978, and striking 
out provisions for an 8\1/2\ percent limit on grants and criteria for 
awarding grants.
    1976--Subsec. (a)(1)(C). Pub. L. 94-309, Sec. 4(a), substituted ``a 
public or private nonprofit college or university or other educational 
or cultural institution which is affiliated with an eligible college or 
university'' for ``a college or university deriving its support in whole 
or in part from tax revenues''.
    Subsec. (d). Pub. L. 94-309, Sec. 4(b), substituted separate 
provisions relating to grant criteria for television and for radio in 
place of single provision that Secretary shall base his determinations 
of whether to approve applications for grants and the amount of grants 
on criteria set forth in regulations and designed to achieve, with 
respect to noncommercial educational television channels, prompt and 
effective use of all such channels remaining available and, with respect 
to noncommercial educational television and radio broadcasting 
facilities, equitable geographical distribution of such facilities 
throughout the States and provision of such facilities which will serve 
the greatest number of persons in as many areas as possible and which 
are adaptable to the broadest educational uses.
    1967--Subsec. (a). Pub. L. 90-129, Sec. 103(b)(1), inserted 
``noncommercial'' and ``or radio'' in introductory text.
    Subsec. (a)(1)(B). Pub. L. 90-129, Sec. 103(b)(2), required the 
State educational television agency applicant for a television 
facilities project to be a noncommercial agency and inserted requirement 
that applicant for a radio facilities project be a State educational 
radio agency.
    Subsec. (a)(1)(D). Pub. L. 90-129, Sec. 103(b)(3), designated 
existing provisions as cl. (i), made such cl. (i) applicable to 
television facilities projects and noncommercial television, and added 
cl. (ii) and provision for applicant meeting both television and radio 
broadcasting requirements.
    Subsec. (a)(1)(E). Pub. L. 90-129, Sec. 103(b)(4), added cl. (E).
    Subsec. (a)(2) to (4). Pub. L. 90-129, Sec. 103(b)(5), struck out 
``television'' before ``broadcasting facilities'' wherever appearing.
    Subsec. (a)(5). Pub. L. 90-129, Sec. 103(b)(6), added par. (5).
    Subsec. (b). Pub. L. 90-129, Sec. 102, substituted limitation on 
grants for construction of noncommercial educational television and 
radio broadcasting facilities in any State to 8\1/2\ per centum of 
fiscal year appropriation for former $1,000,000 limitation for 
construction of educational television broadcasting facilities in any 
State.
    Subsec. (c). Pub. L. 90-129, Sec. 103(c), designated existing 
provisions as par. (1), restricted such provisions to noncommercial 
educational television broadcasting facilities, and added par. (2).
    Subsec. (d). Pub. 90-129, Sec. 103(d), inserted in cls. (2) and (3) 
``noncommercial'' and ``or noncommercial educational radio broadcasting 
facilities, as the case may be,'' before and after ``educational 
television broadcasting facilities'', respectively.
    Subsec. (e). Pub. L. 90-129, Sec. 104, increased the maximum Federal 
share in the cost of constructing educational broadcasting facilities 
from 50 to 75 percent, eliminated the additional credit, formerly 
allowed the grantee, of 25 percent of the cost of facilities owned by 
the applicant on the date his application is filed, eliminated the 
prohibition against using not more than 15 percent of a grant for the 
acquisition and installation of interconnection facilities, microwave 
equipment, boosters, translators, and repeaters, and provided for 
payment of cost of the project from the sum available therefor.
    Subsec. (f). Pub. L. 90-129, Sec. 103(e), inserted ``or radio'' in 
introductory text and, in par. (2), ``noncommercial'' and ``or 
noncommercial educational radio purposes, as the case may be'' before 
and after ``educational television purposes'', respectively.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 
of Pub. L. 95-567, set out as a note under section 390 of this title.


                    Effective Date of 1967 Amendment

    Section 102 of Pub. L. 90-129 provided that the amendment made by 
that section is effective with respect to grants made from 
appropriations for any fiscal year beginning after June 30, 1967.


                        Administration of Grants

    Section 103(b) of Pub. L. 95-567 provided that:
    ``(1) The provisions of section 392(g) of the Communications Act of 
1934 [subsec. (g) of this section], as added by subsection (a), shall 
apply to any grant made under section 392 of such Act [this section] 
before, on, or after the date of the enactment of this Act [Nov. 2, 
1978]. Any authority and responsibilities of the Secretary of Health, 
Education, and Welfare regarding the administration of such grants are 
hereby transferred to the Secretary of Commerce.
    ``(2) Subject to the provisions of section 202 of the Budget and 
Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], the 
following are hereby transferred to the Secretary of Commerce for 
appropriate allocation--
        ``(A) the personnel employed in connection with or in support 
    of, or as an integral part of the mission of, the functions 
    transferred to the Secretary of Commerce from the Secretary of 
    Health, Education, and Welfare by paragraph (1); and
        ``(B) the assets, liabilities, contracts, property, records, and 
    unexpended balances of appropriations, allocations, and other funds 
    employed, held, used, arising from, available for, or to be made 
    available for, or in connection with, the functions described in 
    subparagraph (A).
Unexpended funds transferred pursuant to this paragraph shall be used 
only for the purposes for which the funds originally were authorized and 
appropriated.
    ``(3) The Director of the Office of Management and Budget, in 
consultation with the Secretary of Commerce and the Secretary of Health, 
Education, and Welfare, shall--
        ``(A) make such determinations as may be necessary with regard 
    to the transfer of the functions transferred to the Secretary of 
    Commerce from the Secretary of Health, Education, and Welfare by 
    paragraph (1); and
        ``(B) make such additional incidental dispositions of personnel, 
    assets, liabilities, contracts, property, records, and unexpended 
    balances of appropriations, allocations, and other funds employed, 
    held, used, arising from, available for, or to be made available 
    for, or in connection with, the functions described in subparagraph 
    (A);
as the Director may deem necessary to accomplish the purposes of this 
Act [see Short Title of 1978 Amendment note set out under section 609 of 
this title] and the amendments made by this Act.''

                  Section Referred to in Other Sections

    This section is referred to in section 902 of this title.
