---
kind: "range"
citation: "47 U.S.C. §§ 390–393"
title: "47"
from: "390"
to: "393"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/47/390..393"
---

# §390. Declaration of purpose


The purpose of this subpart is to assist, through matching grants, in the planning and [construction](/usc/47/397.md?p=1) of [public telecommunications facilities](/usc/47/397.md?p=13) in order to achieve the following objectives: (1) extend delivery of [public telecommunications services](/usc/47/397.md?p=14) to as many citizens of the [United States](/usc/47/153.md?p=58) as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) increase [public telecommunications services](/usc/47/397.md?p=14) and facilities available to, operated by, and owned by minorities and women; and (3) strengthen the capability of existing public television and [radio stations](/usc/47/153.md?p=42) to provide [public telecommunications services](/usc/47/397.md?p=14) to the public.


# §391. Authorization of appropriations


There are authorized to be appropriated $42,000,000 for each of the fiscal years 1992, 1993, and 1994, to be used by the [Secretary](/usc/47/615b.md?p=1) of Commerce to assist in the planning and [construction](/usc/47/397.md?p=1) of [public telecommunications facilities](/usc/47/397.md?p=13) as provided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the [Secretary](/usc/47/615b.md?p=1) pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the [Secretary](/usc/47/615b.md?p=1) to cover the cost of administering the provisions of this subpart.


# §392. Grants for construction

- (a) **Applications for grants—** For each project for the [construction](/usc/47/397.md?p=1) of [public telecommunications facilities](/usc/47/397.md?p=13) there shall be submitted to the [Secretary](/usc/47/615b.md?p=1) an application for a grant containing such information with respect to such project as the [Secretary](/usc/47/615b.md?p=1) 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](/usc/47/615b.md?p=1) that—
  - (1) the applicant is (A) a [public broadcast station](/usc/47/397.md?p=6); (B) a [noncommercial telecommunications entity](/usc/47/397.md?p=7); (C) a [system of public telecommunications entities](/usc/47/397.md?p=17); (D) a [nonprofit](/usc/47/397.md?p=8) foundation, [corporation](/usc/47/153.md?p=15), institution, or association organized primarily for educational or cultural purposes; or (E) a [State](/usc/47/153.md?p=47) or local government (or any agency thereof), or a political or special purpose subdivision of a [State](/usc/47/153.md?p=47);
  - (2) the operation of such [public telecommunications facilities](/usc/47/397.md?p=13) will be under the control of the applicant;
  - (3) necessary funds to construct, operate, and maintain such [public telecommunications facilities](/usc/47/397.md?p=13) will be available when needed;
  - (4) such [public telecommunications facilities](/usc/47/397.md?p=13) will be used primarily for the provision of [public telecommunications services](/usc/47/397.md?p=14), and that the use of such [public telecommunications facilities](/usc/47/397.md?p=13) for purposes other than the provision of [public telecommunications services](/usc/47/397.md?p=14) will not interfere with the provision of such [public telecommunications services](/usc/47/397.md?p=14) as required in this part;
  - (5) the applicant has participated in comprehensive planning for such [public telecommunications facilities](/usc/47/397.md?p=13) in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate technologies and coordination with [State](/usc/47/153.md?p=47) 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](/usc/47/397.md?p=1) of [public telecommunications facilities](/usc/47/397.md?p=13), the [Secretary](/usc/47/615b.md?p=1) shall make a grant to the applicant in an amount determined by the [Secretary](/usc/47/615b.md?p=1), except that such amount shall not exceed 75 percent of the amount determined by the [Secretary](/usc/47/615b.md?p=1) to be the reasonable and necessary cost of such project.
- (c) **Information and assurances—** The [Secretary](/usc/47/615b.md?p=1) may provide such funds as the [Secretary](/usc/47/615b.md?p=1) deems necessary for the planning of any project for which [construction](/usc/47/397.md?p=1) 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](/usc/47/615b.md?p=1) may require and shall provide assurances satisfactory to the [Secretary](/usc/47/615b.md?p=1) that the applicant meets the eligible requirements of [subsection (a)](#a) to receive [construction](/usc/47/397.md?p=1) assistance.
- (d) **Studies—** Any studies conducted by or for any grant recipient under this section shall be provided to the [Secretary](/usc/47/615b.md?p=1), if such studies are conducted through the use of funds received under this section.
- (e) **Rules and regulations—** The [Secretary](/usc/47/615b.md?p=1) 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](/usc/47/397.md?p=1) 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](/usc/47/393.md) and in establishing procedures relating to the order of priority established in [subsection (e)](#e) in approving applications for grants, the [Secretary](/usc/47/615b.md?p=1) shall give special consideration to applications which would increase minority and women’s ownership of, operation of, and participation in [public telecommunications entities](/usc/47/397.md?p=12). The [Secretary](/usc/47/615b.md?p=1) 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](/usc/47/397.md?p=13) 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](/usc/47/397.md?p=1) of [public telecommunications facilities](/usc/47/397.md?p=13) 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](/usc/47/153.md?p=15), association, or other entity described in [subsection (a)(1)](#a-1); or
  - (2) such facilities cease to be used primarily for the provision of [public telecommunications services](/usc/47/397.md?p=14) (or the use of such [public telecommunications facilities](/usc/47/397.md?p=13) for purposes other than the provision of [public telecommunications services](/usc/47/397.md?p=14) interferes with the provision of such [public telecommunications services](/usc/47/397.md?p=14) as required in this part);

  the [United States](/usc/47/153.md?p=58) 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](/usc/47/153.md?p=58) district court for the district in which such facilities are situated), as the amount of the Federal participation bore to the cost of [construction](/usc/47/397.md?p=1) 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](/usc/47/615b.md?p=1) to carry out the functions of the [Secretary](/usc/47/615b.md?p=1) under this subpart, including a complete and itemized inventory of all [public telecommunications facilities](/usc/47/397.md?p=13) 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](/usc/47/615b.md?p=1) and the Comptroller General of the [United States](/usc/47/153.md?p=58), 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.

# [§392a. Repealed. Pub. L. 95–567, title II, § 201, Nov. 2, 1978, 92 Stat. 2409 — repealed]



# §393. Criteria for approval and expenditures by Secretary

- (a) **Construction and planning grants—** The [Secretary](/usc/47/615b.md?p=1), in consultation with the [Corporation](/usc/47/153.md?p=15), [public telecommunications entities](/usc/47/397.md?p=12), and as appropriate with others, shall establish criteria for making [construction](/usc/47/397.md?p=1) and planning grants. Such criteria shall be consistent with the objectives and provisions set forth in this subpart, and shall be made available to interested parties upon request.
- (b) **Basis for determination—** The [Secretary](/usc/47/615b.md?p=1) shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to [subsection (a)](#a) and designed to achieve—
  - (1) the provision of new [telecommunications](/usc/47/153.md?p=50) facilities to extend service to areas currently not receiving [public telecommunications services](/usc/47/397.md?p=14);
  - (2) the expansion of the [service areas](/usc/47/214.md?p=e-5) of existing [public telecommunications entities](/usc/47/397.md?p=12);
  - (3) the development of [public telecommunications facilities](/usc/47/397.md?p=13) owned by, operated by, and available to minorities and women; and
  - (4) the improvement of the capabilities of existing [public broadcast stations](/usc/47/397.md?p=6) to provide [public telecommunications services](/usc/47/397.md?p=14), including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals.
- (c) **Noncommercial radio broadcast station facilities—** Of the sums appropriated pursuant to [section 391 of this title](/usc/47/391.md) for any fiscal year, a substantial amount shall be available for the expansion and development of noncommercial [radio broadcast station](/usc/47/153.md?p=6) facilities.