S 2448 IS
107th CONGRESS
2d Session
S. 2448
To improve nationwide access to broadband services.
IN THE SENATE OF THE UNITED STATES
May 2, 2002
Mr. HOLLINGS (for himself, Mrs. CLINTON, Mr. STEVENS, Mr. INOUYE, Mr. ROCKEFELLER, and Mr. DORGAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To improve nationwide access to broadband services.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Broadband Telecommunications Deployment Act of 2002'.
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--TRUST FUND FOR BROADBAND LOANS AND GRANTS
Sec. 101. Broadband deployment trust fund.
TITLE II--ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL AREAS
Sec. 202. Grants for planning and feasibility studies on broadband deployment.
Sec. 203. Pilot program for wireless or satellite broadband trials in rural areas.
Sec. 204. Rural and underserved community broadband technology initiative.
Sec. 205. Report on universal service and competition.
Sec. 206. Block grants to States for broadband deployment.
Sec. 207. GAO to study broadband deployment in other countries.
Sec. 208. Assessment of homeland security and public safety needs in rural and underserved areas.
TITLE III--RESEARCH ON TECHNICAL AND FINANCIAL REQUIREMENTS FOR FASTER BROADBAND SERVICES
Sec. 301. Research enhancement of broadband telecommunications services.
Sec. 302. Grants to colleges and universities to research faster broadband technology.
TITLE IV--STIMULATING DEMAND FOR BROADBAND SERVICES
Sec. 401. Grants to colleges and universities for research.
Sec. 402. Grants to libraries to digitize collections.
Sec. 403. Grants to museums to digitize collections.
Sec. 404. Grants for DTV conversion and programming.
TITLE V--DIGITAL NETWORK TECHNOLOGY PROGRAM
Sec. 501. Amendment of National Telecommunications and Information Administration Organization Act.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Broadband service could revolutionize the way Americans live. Therefore, it is important that Congress examine the issues surrounding the availability and subscription to broadband service.
(2) The Federal Communications Commission recently concluded that advanced telecommunications capability is being deployed in a reasonable and timely manner and that although investment trends in general have slowed recently, investment in infrastructure for advanced telecommunications remains strong.
(3) Approximately 85 percent of Americans have access to broadband service provided by either the cable or telephone companies.
(4) Some communities, such as those in rural and urban areas do not have access to broadband service.
(5) According to numerous reports only 10 to 12 percent of consumers actually subscribe to broadband service, leading many to believe that the low adoption of broadband by consumers is not due to low availability, but instead to a lack of demand by consumers. In the top one-tenth of zip codes ranked by median family income, high-speed subscribers were reported in 96 percent of the zip codes. By contrast, high speed subscribers were reported in 59 percent of zip codes with the lowest median family income.
(6) Cable and telephone companies provide broadband service with speeds of up to 1.5 megabits per second to residential consumers. However, many in the technology industry state that higher speeds are needed to provide telemedicine, video conferencing, movie and music over the internet and other internet applications.
(7) The Federal Communications Commission's policies for promoting broadband deployment must not undermine competition or universal service.
(8) Congress must explore ways to ensure that broadband service is available to all Americans and that no one is left behind. This includes exploring ways to increase deployment in unserved and underserved areas, address consumer demand factors, facilitate innovation that results in higher service speeds, and promote consumer confidence when using the Internet.
TITLE I--TRUST FUND FOR BROADBAND LOANS AND GRANTS
SEC. 101. BROADBAND DEPLOYMENT TRUST FUND.
(a) IN GENERAL- The National Telecommunications and Information Administration Organization Act is amended--
(1) by redesignating part C as part D; and
(2) by inserting after part B (47 U.S.C. 921 et seq.) the following new part:
`PART C--ASSISTANCE TO PROMOTE BROADBAND DEPLOYMENT AND DEMAND.
`SEC. 131. BROADBAND DEPLOYMENT AND DEMAND TRUST FUND.
`(a) CREATION OF TRUST FUND- There is established in the Treasury of the United States a trust fund to be known as the Broadband Deployment and Demand Trust Fund.
`(b) EXPENDITURES FROM TRUST FUND- Amounts in the Trust Fund shall be available for making expenditures to carry out the provisions of the Broadband Telecommunications Deployment Act of 2002, and for such expenditures as may be necessary to administer the programs established therein.
`(c) TREATMENT AS TRUST FUND- Subchapter B of chapter 98 of the Internal Revenue Code of 1986 shall apply to the administration of the Trust Fund.
`SEC. 132. REGULATIONS.
`The Secretary of Commerce may prescribe such regulations as may be necessary to carry out this part.
`SEC. 133. AUTHORIZATION OF APPROPRIATIONS.
`(a) AUTHORIZATION- For each of fiscal years 2003 through 2007 there are authorized to be appropriated to the Broadband Deployment and Demand Trust Fund an amount equivalent to 50 percent of the taxes received in the Treasury after September 30, 2002, and before October 1, 2007, under section 4251 (relating to tax on communications) of the Internal Revenue Code of 1986.
`(b) SUNSET OF APPROPRIATIONS STREAM- The authorization of appropriations by subsection (a) Trust Fund shall terminate at the end of fiscal year 2007, but
any balances remaining in the Trust Fund at the close of that fiscal year, and any repayments of loans made from the Trust Fund received after fiscal year 2007, shall remain available for obligation and expenditure from the Trust Fund.'.
TITLE II--ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL AREAS
SEC. 201. LOAN PROGRAM.
(a) PURPOSE- The purpose of this section is to provide loans to fund the costs of the construction, improvement, and acquisition of facilities and equipment for broadband service in eligible rural and underserved communities.
(b) DEFINITIONS- In this section:
(1) BROADBAND SERVICE- The term `broadband service' means any technology identified by the National Telecommunications and Information Administration, in consultation with the Rural Utilities Service of the Department of Agriculture, as having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, high-speed data, graphics, or video.
(2) ELIGIBLE RURAL COMMUNITY- The term `eligible rural community' means any incorporated or unincorporated place that--
(A) has not more than 50,000 inhabitants, based on the most recent available population statistics of the Bureau of the Census; and
(B) is not located in an area designated as a standard metropolitan statistical area.
(3) ELIGIBLE UNDERSERVED COMMUNITY- The term `eligible underserved community' means any census tract located in--
(A) an empowerment zone or enterprise community designated under section 1391 of the Internal Revenue Code of 1986;
(B) the District of Columbia Enterprise Zone established under section 1400 of such Code;
(C) a renewal community designated under section 1400E of such Code; or
(D) a low-income community designated under section 45D of such Code.
(1) IN GENERAL- The Rural Utilities Service, in consultation with National Telecommunications and Information Administration, shall make loans to eligible entities to provide funds for the construction, improvement, or acquisition of facilities and equipment for the provision of broadband service in eligible rural and underserved communities.
(2) LOANS TO LECS- The Rural Utilities Service, in consultation with National Telecommunications and Information Administration, shall make loans to local exchange carriers (as defined in section 3(26) of the Communications Act of 1934 (47 U.S.C. 151(26)) that are eligible entities to provide funds to upgrade or install remote terminals located more than 25,000 feet from the closest central office of the local exchange carrier, and for the installation of fiber optic cable or broadband wireless facilities between such remote terminals and the closest central office of a local exchange carrier, in order to provide broadband service to eligible rural and underserved communities.
(3) EFFECT OF COMMUNICATIONS POLICY- Notwithstanding any other provision of this section, the Rural Utilities Service may not make a loan under this subsection if the National Telecommunications and Information Administration determines that the loan would have an adverse effect on communications policy, including competition in the communications marketplace.
(d) ELIGIBLE ENTITIES- To be eligible to obtain a loan under this section, an entity shall--
(1) be able to furnish, improve, or extend a broadband service to an eligible rural or underserved community; and
(2) submit to the Rural Utilities Service a proposal for a project that meets the requirements of this section.
(e) BROADBAND SERVICE- The National Telecommunications and Information Administration shall, from time to time as advances in technology warrant, review and recommend modifications to the rate-of-data transmission criteria for purposes of the identification of broadband service technologies under subsection (b)(1).
(f) TECHNOLOGICAL NEUTRALITY- For purposes of determining whether to make a loan for a project under this section, the Rural Utilities Service shall apply technologically neutral criteria and encourage the use of a variety of landline and wireless technologies among applications.
(g) TERMS AND CONDITIONS FOR LOANS- A loan under subsection (d) shall--
(1) be made available in accordance with the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.);
(2) bear interest at an annual rate, as determined by the National Telecommunications and Information Administration, in consultation with the Rural Utilities Service, of--
(A) 4 percent per annum; or
(B) the current applicable market rate; and
(3) have a term not to exceed the useful life of the assets constructed, improved, or acquired with the proceeds of the loan or extension of credit.
(h) USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR DEPLOYMENT OF BROADBAND SERVICE- Notwithstanding any other provision of this Act, the proceeds of any loan made by the Rural Utilities Service under this Act may be used by the recipient of the loan for the purpose of refinancing an outstanding obligation of the recipient on another telecommunications loan made under this Act if the use of the proceeds for that purpose will further the construction, improvement, or acquisition of facilities and equipment for the provision of broadband service in eligible rural and underserved communities.
(i) INCUMBENT LOCAL EXCHANGE CARRIER MUST MAKE UPGRADED FACILITIES AVAILABLE- In addition to any other requirement to provide unbundled network elements, any incumbent local exchange carrier (as defined in section 251(h) of the Communications Act of 1934 (47 U.S.C. 251(h))) that uses funds made available under subsection (c)(2) shall make remote terminals and fiber optic cable so funded, and any loop that includes such components, available to a requesting telecommunications carrier on an unbundled basis in accordance with the requirements of sections 251 and 252 of the Communications Act of 1934 (47 U.S.C. 251, 252).
(1) IN GENERAL- The Secretary of Commerce shall make available from amounts in the Broadband Deployment and Demand Trust Fund not more than $125,000,000 for each of fiscal years 2003 through 2007 for loans under this section, of which $25,000,000 shall be for loans under subsection (c)(2).
(2) VALUE OF LOANS OUTSTANDING- The aggregate value of all loans made under this section shall be at least $2,500,000,000 for each such fiscal year, including not more than $500,000,000 for outstanding loans under subsection (c)(2).
(A) IN GENERAL- From amounts made available for each fiscal year under paragraph (1), the Rural Utilities Service shall establish a national reserve for loans to eligible entities in States under this section.
(B) UNOBLIGATED AMOUNTS- Any amounts in the reserve established for a State for a fiscal year under subparagraph (A) that are not obligated by April 1 of the fiscal year shall be available to the Rural Utilities Service to make loans under this section to eligible entities in any State, as determined by the Rural Utilities Service.
SEC. 202. GRANTS FOR PLANNING AND FEASIBILITY STUDIES ON BROADBAND DEPLOYMENT.
(a) IN GENERAL- The National Telecommunications and Information Administration shall make grants to non-profit organizations for planning and feasibility studies on the deployment of broadband services in different geographic areas, including towns, cities, counties, and States.
(b) ELIGIBILITY CRITERIA-
(1) IN GENERAL- The National Telecommunications and Information Administration may establish additional criteria for eligibility for grants under this section, including criteria for the scope of the planning and feasibility studies to be carried out with grants under this section.
(2) CONTRIBUTION BY GRANTEE- An organization may not be awarded a grant under this section unless the entity agrees to contribute (out of funds other than the grant amount) to the planning and feasibility study to be funded by the grant an amount equal to the amount of the grant.
(c) APPLICATION- An organization seeking a grant under this section shall submit an application for the grant to National Telecommunications and Information Administration that is in such form, and that contains such information, as the National Telecommunications and Information Administration shall require.
(d) LIMITATION ON USE OF GRANT AMOUNTS- Grant amounts under this section may not be used for the acquisition of office equipment, the construction of buildings or other facilities, the acquisition or improvement of existing buildings or facilities, or the leasing of office space.
(e) RESERVATION OF FUNDS FOR GRANTS-
(1) IN GENERAL- The Secretary of Commerce shall make available from amounts in the Broadband Deployment and Demand Trust Fund not more than $60,000,000 for each of fiscal years 2003 through 2007 as a reserve for grants under this section.
(2) RELEASE- Funds reserved under paragraph (1) for a fiscal year shall be reserved only until April 1 of the fiscal year.
(f) SUPPLEMENT NOT SUPPLANT-
(1) IN GENERAL- Eligibility for a grant under this section shall not affect eligibility for a grant or loan under another section of this Act.
(2) CONSIDERATIONS- The National Telecommunications and Information Administration may not take into account the award of a grant under this section, or the award of a grant or loan under another section of this Act, in awarding a grant or loan under this section or another section of this Act, as the case may be.
(g) TERMINATION OF AUTHORITY-
(1) IN GENERAL- No grant may be made under this section after September 30, 2007.
(2) EFFECT ON VALIDITY OF GRANT- Notwithstanding paragraph (1), any grant made under this section before the date specified in paragraph (1) shall be valid.
SEC. 203. PILOT PROGRAM FOR WIRELESS OR SATELLITE BROADBAND TRIALS IN RURAL AREAS.
(a) IN GENERAL- The National Telecommunications and Information Administration shall support up to 7 pilot programs in each of fiscal years 2003 through 2007 for conducting innovative applications of wireless, satellite, and other non-wireline technologies capable of delivering broadband service (as defined in section 201(b)(1)) to an eligible rural community (as defined in section 201(b)(2)) or an eligible underserved community (as defined in section 201(b)(3)). The National Telecommunications and Information Administration shall support 1 pilot program per year for fiber-to-the-home technology under this subsection except for any year for which no application is received for such a program.
(b) APPLICATION PROCEDURES AND CONDITIONS- The National Telecommunications and Information Administration shall establish such application procedures and conditions for grants under this section as it deems appropriate.
(c) FUNDING- The Secretary of Commerce shall make available from the Broadband Deployment and Demand Trust Fund up to $2,000,000 per year for each pilot program under subsection (a).
SEC. 204. RURAL AND UNDERSERVED COMMUNITY BROADBAND TECHNOLOGY INITIATIVE.
The Director of the National Institute of Standards and Technology, through the Advanced Technology Program, may hold a portion of the Institute's competitions in thematic areas, selected after consultation with industry, academics, and other Federal Agencies, designed to develop and improve technical capabilities with respect to the speed, quality, and availability of technologies that will extend the reach of broadband Internet services to individuals living in eligible rural communities (as defined in section 201(b)(2)) and eligible underserved communities (as defined in section 201(b)(3)).
SEC. 205. REPORT ON UNIVERSAL SERVICE AND COMPETITION.
No later than May 1, 2003, a Federal-State Joint Board established pursuant to section 410(c) of the Communications Act of 1934 (47 U.S.C. 410(c)) and the National Exchange Carriers Association shall report to the Federal Communications Commission and to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on--
(1) the effect of reclassifying telecommunications services provided by incumbent local exchange carriers on--
(A) the level of support available for universal service;
(B) the universal service contribution obligations of telecommunications carriers and other providers of telecommunications; and
(C) the ability of the Commission and State commissions to fulfill the requirements of subsections (b), (h), and (i) of section 254 of the Communications Act of 1934 (47 U.S.C. 254);
(2) the effect on universal service of--
(A) reducing the availability of network elements provided by incumbent local exchange carriers;
(B) modifying the rates, terms, and conditions for the purchasing or leasing of such elements; and
(C) reducing the oversight of the rates, charges, terms, and conditions for the purchasing or leasing of telecommunications services provided by such carriers; and
(3) the effect of such changes on competition in the provision of telecommunications services.
SEC. 206. BLOCK GRANTS TO STATES FOR BROADBAND DEPLOYMENT.
(a) IN GENERAL- The Secretary of Commerce shall establish a grant program to provide funding to State and local governments to encourage and support the deployment of broadband technologies and services, particularly in eligible rural communities (as defined in section 201(b)(2)) and eligible underserved communities (as defined in section 201(b)(3)).
(b) PURPOSES- State and local governments receiving grants under this section shall use the funds--
(1) to spur investment in broadband facilities;
(2) to stimulate deployment of broadband technology and services;
(3) to encourage the adoption of broadband in eligible rural communities (as defined in section 201(b)(2)) and eligible underserved communities (as defined in section 201(b)(3)); and
(4) to provide e-government services through improved access to government services through broadband Internet connections.
(c) APPLICATIONS- To be eligible to receive a grant under this section, a State or local government shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall establish a procedure for accepting, processing, and evaluating applications and publish an announcement of the procedure, including a statement regarding the availability of funds, in the Federal Register.
(d) FUNDING- The Secretary shall make available from amounts in the Broadband Deployment and Demand Trust Fund $1,000,000,000 for each of fiscal years 2003 through 2007 for grants under this section, of which $250,000,000 shall be made available for each such fiscal year for e-government enhancement activities described in subsection (b)(4) in all communities.
SEC. 207. GAO TO STUDY BROADBAND DEPLOYMENT IN OTHER COUNTRIES.
The Comptroller General shall survey countries with broadband deployment and subscriber rates that are similar to, or greater than, the broadband deployment and subscriber rates in the United States in order to determine the actions governments, carriers, and other parties have taken to facilitate the deployment of broadband (including the factors that encourage consumers to subscribe to broadband service) and report the results of his survey to the Congress by May 1, 2003.
SEC. 208. ASSESSMENT OF HOMELAND SECURITY AND PUBLIC SAFETY NEEDS IN RURAL AND UNDERSERVED AREAS.
(a) IN GENERAL- No later than 6 months after the date of enactment of this Act, the National Telecommunications and Information Administration shall issue a report on the potential role of broadband in rural and underserved areas in addressing homeland security and public safety needs, and, as necessary, make recommendations to enhance deployment to improve emergency response systems.
(b) FUNDING- The Secretary of Commerce shall make available from the Broadband Deployment and Demand Trust Fund up to $500,000 for the study under subsection (a).
TITLE III--RESEARCH ON TECHNICAL AND FINANCIAL REQUIREMENTS FOR FASTER BROADBAND SERVICES
SEC. 301. RESEARCH ENHANCEMENT OF BROADBAND TELECOMMUNICATIONS SERVICES.
(1) NATIONAL SCIENCE BOARD RESEARCH- The Director of the National Science Board, without considering any changes in telecommunications regulation, shall research--
(A) technical changes that would be necessary with respect to wireline, wireless facilities, and satellite facilities to provide broadband telecommunications services in order to provide speeds between 50 megabits-per-second and 100 megabits-per-second; and
(B) the financial cost of ensuring that all Americans have access to broadband services with speeds between 50 megabits-per-second and 100 megabits-per-second.
(2) ITS BROADBAND RESEARCH- The Director of the Institute of Telecommunications Sciences of the National Telecommunications and Information Administration, in consultation with the Director of the National Institute of Science and Technology Laboratories, shall engage in research and development--
(A) of wireline, wireless facilities, and satellite facilities to provide broadband telecommunications services in order to provide speeds between 50 megabits-per-second and 100 megabits-per-second;
(B) of new broadband technologies to meet government and commercial needs; and
(C) with respect to the technical capabilities of existing technologies to improve their speed, quality, and availability and extend the reach of broadband services to individuals living in rural areas.
(3) SPECTRUM-SHARING AND INTERFERENCE ISSUES- The Director of the Institute of Telecommunications Sciences shall also conduct research or studies--
(A) to enhance spectrum-sharing between governmental and private sector users of broadband services;
(B) to develop technologies that would enable government and private sector users to use spectrum more efficiently; and
(C) to provide recommendations to the Administrator of the National Telecommunications and Information Administration that would enhance--
(i) government and private sector spectrum sharing opportunities and coordination; and
(ii) private sector innovation of new wireless technologies that benefit government and private sector users.
(b) CONSULTATION AND COORDINATION- The Directors of the National Science Board, the Institute of Telecommunications Sciences, and the National Institute of Science and Technology Laboratories shall--
(1) consult with governmental and commercial users of broadband services as appropriate to facilitate research under subsection (a); and
(2) consult with each other in order to coordinate their activities under subsection (a).
(c) RESULTS OF RESEARCH- The Director shall make available to the public, in such manner as the Director considers appropriate, the results of any research carried out under this section.
(d) FUNDING- The Secretary of Commerce shall make available from amounts in the Broadband Deployment and Demand Trust Fund for each of fiscal years 2003 through 2007 to carry out this section not more than--
(1) $60,000,000 to the Director of the Institute of Telecommunications Sciences of the National Telecommunications and Information Administration, of which not more than $10,000,000 shall be used to carry out subsection (a)(2);
(2) $15,000,000 to the Director of the National Institute of Science and Technology Laboratories; and
(3) $50,000,000 to the Director of the National Science Board.
SEC. 302. GRANTS TO COLLEGES AND UNIVERSITIES TO RESEARCH FASTER BROADBAND TECHNOLOGY.
(a) IN GENERAL- The Director of the National Science Foundation shall establish and administer a grant program to fund research at colleges and universities into advancing the technical aspects of broadband technology in order to provide speeds between 50 megabits-per-second and 100 megabits-per-second. In carrying out this subsection, the Director shall ensure that grants are geographically distributed nationwide.
(b) FUNDING- The Secretary of Commerce shall make available from amounts in the Broadband Deployment and Demand Trust Fund not more than $50,000,000 for each of fiscal years 2003 through 2007 to the National Science Board for purposes of activities under this section.
TITLE IV--STIMULATING DEMAND FOR BROADBAND SERVICES
SEC. 401. GRANTS TO COLLEGES AND UNIVERSITIES FOR RESEARCH.
(a) IN GENERAL- The National Telecommunications and Information Administration shall establish and administer a grant program to fund research at colleges and universities to develop computer or Internet applications that require broadband facilities and are of particular use to residential consumers.
(b) FUNDING- The Secretary of Commerce shall make available from amounts in the Broadband Deployment and Demand Trust Fund not more than $50,000,000 for each of fiscal years 2003 through 2007 for grants under this section.
SEC. 402. GRANTS TO LIBRARIES TO DIGITIZE COLLECTIONS.
(a) IN GENERAL- The National Telecommunications and Information Administration shall establish and administer a grant program for libraries to enable them to make a record in digital format of their collections.
(b) CONSULTATION WITH KNOWLEDGEABLE PERSONS- In making grants under subsection (a), the National Telecommunications and Information Administration shall consult with--
(1) the Librarian of Congress;
(2) the Archivist of the United States; and
(3) representatives of libraries, academic institutions, and other individuals with professional responsibilities related to collection, curation, preservation, and display of books, records, films, and other written or recorded matter of public interest.
(c) FUNDING- The Secretary of Commerce shall make available from amounts in the Broadband Deployment and Demand Trust Fund not more than $100,000,000 for each of fiscal years 2003 through 2007 for grants under this section.
SEC. 403. GRANTS TO MUSEUMS TO DIGITIZE COLLECTIONS.
(a) IN GENERAL- The National Telecommunications and Information Administration shall establish and administer a grant program for museums to enable them to make a record in digital format of their collections.
(b) CONSULTATION WITH KNOWLEDGEABLE PERSONS- In making grants under subsection (a), the National Telecommunications and Information Administration shall consult with--
(1) the Secretary of the Smithsonian Institution;
(2) the Chairman of the National Endowment for the Arts;
(3) the Chairman of the National Endowment for the Humanities; and
(4) representatives of museums, academic institutions, and other individuals with professional responsibilities related to collection, curation, preservation, and display of objects of significant public interest.
(c) FUNDING- The Secretary of Commerce shall make available from amounts in the Broadband Deployment and Demand Trust Fund not more than $100,000,000 for each of fiscal years 2003 through 2007 for grants under this section.
SEC. 404. GRANTS FOR DTV CONVERSION AND PROGRAMMING.
The Secretary of Commerce shall make available from amounts in the Broadband Deployment and Demand Trust Fund not more than $50,000,000 for each of fiscal years 2003 through 2007 to the National Telecommunications and Information Administration for grants under the Public Telecommunications Facilities Program for facility upgrades to transmit digital television programming and to develop educational and public interest digital programming.
TITLE V--DIGITAL NETWORK TECHNOLOGY PROGRAM
SEC. 501. AMENDMENT OF NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION ACT.
Title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.), as amended by section 101, is amended by adding at the end the following:
`PART E--DIGITAL NETWORK TECHNOLOGY PROGRAM
`SEC. 171. PROGRAM AUTHORIZED.
`The Secretary shall establish, within the NTIA's Technology Opportunities Program a digital network technologies program to strengthen the capacity of eligible institutions to provide instruction in digital network technologies by providing grants to, or executing contracts or cooperative agreements with, those institutions to provide such instruction.
`SEC. 172. ACTIVITIES SUPPORTED.
`An eligible institution shall use a grant, contract, or cooperative agreement awarded under this part--
`(1) to acquire the equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure necessary to teach students and teachers about technology in the classroom;
`(2) to develop and provide educational services, including faculty development, to prepare students or faculty seeking a degree or certificate that is approved by the State, or a regional accrediting body recognized by the Secretary of Education;
`(3) to provide teacher education, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use technology in the classroom or instructional process;
`(4) to implement a joint project to provide education regarding technology in the classroom with a State or State education agency, local education agency, community-based organization, national non-profit organization, or business, including minority business or a business located in HUB zones, as defined by the Small Business Administration;
`(5) to provide leadership development to administrators, board members, and faculty of eligible
institutions with institutional responsibility for technology education; or
`(6) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure necessary to meet community networking needs.
`SEC. 173. APPLICATION AND REVIEW PROCEDURE.
`(a) IN GENERAL- To be eligible to receive a grant, contract, or cooperative agreement under this part, an eligible institution shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. The Secretary, in consultation with the panel described in subsection (b), shall establish a procedure by which to accept such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register.
`(b) PEER REVIEW PANEL- The Secretary shall establish a peer review panel to aid the Secretary in establishing the application procedure described in subsection (a) and selecting applicants to receive grants, contracts, and cooperative agreements under section 171. In selecting the members for such panel, the Secretary may consult with appropriate cabinet-level officials, representatives of non-Federal organizations, and representatives of eligible institutions to ensure that the membership of such panel reflects membership of the minority higher education community, including Federal agency personnel and other individuals who are knowledgeable about issues regarding minority education institutions.
`SEC. 174. MATCHING REQUIREMENT.
`The Secretary may not award a grant, contract, or cooperative agreement to an eligible institution under this part unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant, contract, or cooperative agreement was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 1/4 of the amount of the grant, contract, or cooperative agreement awarded by the Secretary, or $500,000, whichever is the lesser amount. The Secretary shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000.
`SEC. 175. LIMITATION.
`An eligible institution that receives a grant, contract, or cooperative agreement under this part that exceeds $2,500,000, shall not be eligible to receive another grant, contract, or cooperative agreement under this part until every other eligible institution has received a grant, contract, or cooperative agreement under this part.
`SEC. 176. ANNUAL REPORT AND EVALUATION.
`(a) ANNUAL REPORT REQUIRED FROM RECIPIENTS- Each institution that receives a grant, contract, or cooperative agreement under this part shall provide an annual report to the Secretary on its use of the grant, contract, or cooperative agreement.
`(b) EVAULATION BY SECRETARY- The Secretary, in consultation with the Secretary of Education, shall--
`(1) review the reports provided under subsection (a) each year;
`(2) evaluate the program authorized by section 171 on the basis of those reports; and
`(3) conduct a final evaluation at the end of the third year
`(c) CONTENTS OF EVALUATION- The Secretary, in the evaluation, shall describe the activities undertaken by those institutions and shall assess the short-range and long-range impact of activities carried out under the grant, contract, or cooperative agreement on the students, faculty, and staff of the institutions.
`(d) REPORT TO CONGRESS- The Secretary shall submit a report to the Congress based on the final evaluation within 1 year after conducting the final evaluation. In the report, the Secretary shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program, as may be appropriate.
`Part F--Community Networking Program
`SEC. 191. PROGRAM AUTHORIZED.
`(a) IN GENERAL- The Secretary shall establish, within NTIA's Technology Opportunities Program, a community networking program to enable underserved communities to deploy broadband capable networks, aggregate demand for broadband services, and provide broadband access for economic development, public safety, health care, and educational needs of the community.
`(b) CONFERENCES- The Secretary shall conduct conferences throughout each of the fiscal years 2003 through 2007 to inform State and local governments and the public about best practices in community networking and broadband applications for small businesses, telemedicine, distance learning, teleagriculture, and other specialized uses of such applications.
`SEC. 192. ACTIVITIES SUPPORTED.
`An eligible entity shall use a grant under this part to acquire the equipment, instrumentation, networking capability, hardware, software, broadband network technology, and infrastructure necessary to provide access to broadband telecommunications and information services necessary to promote economic development and enhance the public safety, educational, and health care needs of the eligible community.
`SEC. 193. APPLICATION PROCEDURE.
`(a) IN GENERAL- To be eligible to receive a grant under this part, an eligible entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. The Secretary, in consultation with the panel described in subsection (b), shall establish a procedure by which to accept such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register.
`(b) PEER REVIEW PANEL- The Secretary shall establish a peer review panel to aid the Secretary in establishing the application procedure described in subsection (a) and selecting applicants to receive grants, contracts, and cooperative agreements under section 191.
`SEC. 194. MATCHING REQUIREMENT.
`The Secretary may not award a grant to an eligible entity under this part unless the entity agrees to make
available, directly or in kind, non-Federal contributions to the costs of the program equal to the amount of the grant.'.
SEC. 502. DEFINITIONS.
Section 102(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901(a)) is amended by adding at the end the following:
`(6) ELIGIBLE INSTITUTION- The term `eligible institution' means an institution that is--
`(A) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)), an institution described in section 326(e)(1) (A), (B), or (C) of that Act (20 U.S.C. 1063b(e)(1) (A), (B), or (C)), or a consortium of institutions described in this subparagraph;
`(B) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5));
`(C) a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3));
`(D) an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b));
`(E) a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or
`(F) an institution determined by the Secretary, in consultation with the Secretary of Education, to have enrolled a substantial number of minority, low-income students during the previous academic year who received assistance under subpart I of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) for that year.
`(7) ELIGIBLE ENTITY- The term `eligible entity' means a State, local, or Tribal government or a nonprofit organization.
`(8) ELIGIBLE COMMUNITY- The term `eligible community' means a community that satisfactorily demonstrates to the Secretary that access to broadband services or broadband service applications are essential to the economic development, public safety, education, and health care needs of the community and such access is not available at affordable rates or on reasonable terms.'.
SEC. 503. FUNDING.
The Secretary of Commerce shall make available, from amounts in the Broadband Deployment and Demand Trust Fund, for each of the fiscal years 2003 through 2007--
(1) $250,000,000 to entities described in section 102(a)(6) of the National Telecommunications and Information Administration Organization Act to carry out part E of title I of that Act; and
(2) $250,000,000 to carry out part F of title I of that Act, of which $25,000,000 shall be used to acquire equipment, instrumentation, networking capability, hardware and software, and infrastructure necessary to improve homeland security and public safety needs in rural and underserved communities.
END