
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC395]

 
          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 c--telecommunications demonstrations
 
Sec. 395. Assistance for demonstration projects


(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) of this section 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.

(June 19, 1934, ch. 652, title III, Sec. 395, as added Pub. L. 95-567, 
title II, Sec. 201, Nov. 2, 1978, 92 Stat. 2409.)


                            Prior Provisions

    A prior section 395, act June 19, 1934, ch. 652, title III, 
Sec. 395, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67; amended 
Nov. 7, 1967, Pub. L. 90-129, title II, Sec. 201(2), 81 Stat. 367; June 
5, 1976, Pub. L. 94-309, Sec. 5, 90 Stat. 684, related to assistance of 
the Secretary by the Commission, prior to repeal by Pub. L. 95-567, 
Sec. 201.


                             Effective Date

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