§254 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The law tells the Federal Communications Commission (FCC) to make rules that keep basic phone and internet services available, affordable, and fair across the country. Within 1 month after February 8, 1996 the FCC must start a Federal‑State Joint Board process and that Board must give recommendations 9 months after February 8, 1996. The FCC must finish a single rulemaking to put those recommendations into effect within 15 months after February 8, 1996, and then complete later rulemakings within 1 year after getting new recommendations. The rules must follow basic principles: good service at fair prices, access to advanced services everywhere, similar services and rates for rural, low‑income, insular, and high‑cost areas, fair sharing of costs by providers, specific and predictable federal and state support, and access for schools, libraries, and health care providers. The FCC will keep the set of services that get support up to date as technology and usage change, using tests like whether a service is essential to education, health, or safety, widely used by households, actually deployed by carriers, and in the public interest. Carriers that provide interstate service must contribute fairly to the support mechanisms, the FCC can exempt very small carriers, and only carriers designated as eligible under federal rules can receive federal support. States may add their own consistent rules and require intrastate carriers to contribute. Within 6 months after February 8, 1996 the FCC must require that long‑distance providers charge no higher rates in rural or high‑cost areas than in urban areas and charge the same interstate rates in every State. Schools, libraries, and health care providers get special help. Carriers must, on request, provide needed services to rural health providers and offer discounted universal services to eligible schools and libraries. Carriers may count discounts as offsets to their contribution obligations or be reimbursed from support funds. Schools and libraries that want discounted Internet access must adopt and follow Internet safety policies, give public notice, and hold at least one public hearing. Those policies must cover access to inappropriate material by minors, online safety and privacy, hacking and unlawful online activity, and ways to block harmful material. Schools and libraries must certify compliance to get discounts and may lose or repay funds if they knowingly fail to comply. Lifeline rules are not affected. Carriers may not use monopoly services to subsidize competitive services; the FCC and States must set cost‑allocation and accounting rules to prevent that. Definitions (one line each): “Elementary and secondary schools” — schools as defined in federal education law; “Health care provider” — things like teaching hospitals, community health centers, local health departments, mental health centers, not‑for‑profit hospitals, rural health clinics, skilled nursing facilities, and consortia of such providers; “Public institutional telecommunications user” — a school, library, or health care provider; “Minor” — anyone under 17 years old; “Obscene” and “child pornography” — as defined in federal criminal law; “Harmful to minors” — visual material that appeals to prurient interest in sex, is patently offensive about sexual content for minors, and lacks serious value for minors; “Technology protection measure” — a specific blocking or filtering technology. The Internet safety rules for schools and libraries take effect 120 days after December 21, 2000.

Title 47, §254

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)(1)Within one month after February 8, 1996, the Commission shall institute and refer to a Federal-State Joint Board under section 410(c) of this title a proceeding to recommend changes to any of its regulations in order to implement section 214(e) of this title and this section, including the definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for completion of such recommendations. In addition to the members of the Joint Board required under section 410(c) of this title, one member of such Joint Board shall be a State-appointed utility consumer advocate nominated by a national organization of State utility consumer advocates. The Joint Board shall, after notice and opportunity for public comment, make its recommendations to the Commission 9 months after February 8, 1996.

(2)The Commission shall initiate a single proceeding to implement the recommendations from the Joint Board required by paragraph (1) and shall complete such proceeding within 15 months after February 8, 1996. The rules established by such proceeding shall include a definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for implementation. Thereafter, the Commission shall complete any proceeding to implement subsequent recommendations from any Joint Board on universal service within one year after receiving such recommendations.

(b)The Joint Board and the Commission shall base policies for the preservation and advancement of universal service on the following principles:

(1)Quality services should be available at just, reasonable, and affordable rates.

(2)Access to advanced telecommunications and information services should be provided in all regions of the Nation.

(3)Consumers in all regions of the Nation, including low-income consumers and those in rural, insular, and high cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas.

(4)All providers of telecommunications services should make an equitable and nondiscriminatory contribution to the preservation and advancement of universal service.

(5)There should be specific, predictable and sufficient Federal and State mechanisms to preserve and advance universal service.

(6)Elementary and secondary schools and classrooms, health care providers, and libraries should have access to advanced telecommunications services as described in subsection (h).

(7)Such other principles as the Joint Board and the Commission determine are necessary and appropriate for the protection of the public interest, convenience, and necessity and are consistent with this chapter.

(c)(1)Universal service is an evolving level of telecommunications services that the Commission shall establish periodically under this section, taking into account advances in telecommunications and information technologies and services. The Joint Board in recommending, and the Commission in establishing, the definition of the services that are supported by Federal universal service support mechanisms shall consider the extent to which such telecommunications services—

(A)are essential to education, public health, or public safety;

(B)have, through the operation of market choices by customers, been subscribed to by a substantial majority of residential customers;

(C)are being deployed in public telecommunications networks by telecommunications carriers; and

(D)are consistent with the public interest, convenience, and necessity.

(2)The Joint Board may, from time to time, recommend to the Commission modifications in the definition of the services that are supported by Federal universal service support mechanisms.

(3)In addition to the services included in the definition of universal service under paragraph (1), the Commission may designate additional services for such support mechanisms for schools, libraries, and health care providers for the purposes of subsection (h).

(d)Every telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service. The Commission may exempt a carrier or class of carriers from this requirement if the carrier’s telecommunications activities are limited to such an extent that the level of such carrier’s contribution to the preservation and advancement of universal service would be de minimis. Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.

(e)After the date on which Commission regulations implementing this section take effect, only an eligible telecommunications carrier designated under section 214(e) of this title shall be eligible to receive specific Federal universal service support. A carrier that receives such support shall use that support only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. Any such support should be explicit and sufficient to achieve the purposes of this section.

(f)A State may adopt regulations not inconsistent with the Commission’s rules to preserve and advance universal service. Every telecommunications carrier that provides intrastate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, in a manner determined by the State to the preservation and advancement of universal service in that State. A State may adopt regulations to provide for additional definitions and standards to preserve and advance universal service within that State only to the extent that such regulations adopt additional specific, predictable, and sufficient mechanisms to support such definitions or standards that do not rely on or burden Federal universal service support mechanisms.

(g)Within 6 months after February 8, 1996, the Commission shall adopt rules to require that the rates charged by providers of interexchange telecommunications services to subscribers in rural and high cost areas shall be no higher than the rates charged by each such provider to its subscribers in urban areas. Such rules shall also require that a provider of interstate interexchange telecommunications services shall provide such services to its subscribers in each State at rates no higher than the rates charged to its subscribers in any other State.

(h)(1)(A)A telecommunications carrier shall, upon receiving a bona fide request, provide telecommunications services which are necessary for the provision of health care services in a State, including instruction relating to such services, to any public or nonprofit health care provider that serves persons who reside in rural areas in that State at rates that are reasonably comparable to rates charged for similar services in urban areas in that State. A telecommunications carrier providing service under this paragraph shall be entitled to have an amount equal to the difference, if any, between the rates for services provided to health care providers for rural areas in a State and the rates for similar services provided to other customers in comparable rural areas in that State treated as a service obligation as a part of its obligation to participate in the mechanisms to preserve and advance universal service.

(B)All telecommunications carriers serving a geographic area shall, upon a bona fide request for any of its services that are within the definition of universal service under subsection (c)(3), provide such services to elementary schools, secondary schools, and libraries for educational purposes at rates less than the amounts charged for similar services to other parties. The discount shall be an amount that the Commission, with respect to interstate services, and the States, with respect to intrastate services, determine is appropriate and necessary to ensure affordable access to and use of such services by such entities. A telecommunications carrier providing service under this paragraph shall—

(i)have an amount equal to the amount of the discount treated as an offset to its obligation to contribute to the mechanisms to preserve and advance universal service, or

(ii)notwithstanding the provisions of subsection (e) of this section, receive reimbursement utilizing the support mechanisms to preserve and advance universal service.

(2)The Commission shall establish competitively neutral rules—

(A)to enhance, to the extent technically feasible and economically reasonable, access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms, health care providers, and libraries; and

(B)to define the circumstances under which a telecommunications carrier may be required to connect its network to such public institutional telecommunications users.

(3)Telecommunications services and network capacity provided to a public institutional telecommunications user under this subsection may not be sold, resold, or otherwise transferred by such user in consideration for money or any other thing of value.

(4)No entity listed in this subsection shall be entitled to preferential rates or treatment as required by this subsection, if such entity operates as a for-profit business, is a school described in paragraph (7)(A) with an endowment of more than $50,000,000, or is a library or library consortium not eligible for assistance from a State library administrative agency under the Library Services and Technology Act [20 U.S.C. 9121 et seq.].

(5)(A)(i)Except as provided in clause (ii), an elementary or secondary school having computers with Internet access may not receive services at discount rates under paragraph (1)(B) unless the school, school board, local educational agency, or other authority with responsibility for administration of the school—

(I)submits to the Commission the certifications described in subparagraphs (B) and (C);

(II)submits to the Commission a certification that an Internet safety policy has been adopted and implemented for the school under subsection (l); and

(III)ensures the use of such computers in accordance with the certifications.

(ii)The prohibition in clause (i) shall not apply with respect to a school that receives services at discount rates under paragraph (1)(B) only for purposes other than the provision of Internet access, Internet service, or internal connections.

(iii)An elementary or secondary school described in clause (i), or the school board, local educational agency, or other authority with responsibility for administration of the school, shall provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy. In the case of an elementary or secondary school other than an elementary school or a secondary school as defined in section 7801 of title 20, the notice and hearing required by this clause may be limited to those members of the public with a relationship to the school.

(B)A certification under this subparagraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school—

(i)is enforcing a policy of Internet safety for minors that includes monitoring the online activities of minors and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—

(I)obscene;

(II)child pornography; or

(III)harmful to minors;

(ii)is enforcing the operation of such technology protection measure during any use of such computers by minors; and

(iii)as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.

(C)A certification under this paragraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school—

(i)is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—

(I)obscene; or

(II)child pornography; and

(ii)is enforcing the operation of such technology protection measure during any use of such computers.

(D)An administrator, supervisor, or other person authorized by the certifying authority under subparagraph (A)(i) may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose.

(E)(i)Subject to clause (ii) in the case of any school covered by this paragraph as of the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certification under subparagraphs (B) and (C) shall be made—

(I)with respect to the first program funding year under this subsection following such effective date, not later than 120 days after the beginning of such program funding year; and

(II)with respect to any subsequent program funding year, as part of the application process for such program funding year.

(ii)(I)A school covered by clause (i) that has in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C) shall certify its compliance with subparagraphs (B) and (C) during each annual program application cycle under this subsection, except that with respect to the first program funding year after the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certifications shall be made not later than 120 days after the beginning of such first program funding year.

(II)A school covered by clause (i) that does not have in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C)—

(aa)for the first program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C); and

(bb)for the second program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is in compliance with subparagraphs (B) and (C).

(III)Any school subject to subclause (II) that cannot come into compliance with subparagraphs (B) and (C) in such second year program may seek a waiver of subclause (II)(bb) if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by such subclause. A school, school board, local educational agency, or other authority with responsibility for administration of the school shall notify the Commission of the applicability of such subclause to the school. Such notice shall certify that the school in question will be brought into compliance before the start of the third program year after the effective date of this subsection in which the school is applying for funds under this subsection.

(F)(i)Any school that knowingly fails to comply with the application guidelines regarding the annual submission of certification required by this paragraph shall not be eligible for services at discount rates or funding in lieu of services at such rates under this subsection.

(ii)Any school that knowingly fails to ensure the use of its computers in accordance with a certification under subparagraphs (B) and (C) shall reimburse any funds and discounts received under this subsection for the period covered by such certification.

(iii)(I)A school that has failed to submit a certification under clause (i) may remedy the failure by submitting the certification to which the failure relates. Upon submittal of such certification, the school shall be eligible for services at discount rates under this subsection.

(II)A school that has failed to comply with a certification as described in clause (ii) may remedy the failure by ensuring the use of its computers in accordance with such certification. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the school shall be eligible for services at discount rates under this subsection.

(6)(A)(i)Except as provided in clause (ii), a library having one or more computers with Internet access may not receive services at discount rates under paragraph (1)(B) unless the library—

(I)submits to the Commission the certifications described in subparagraphs (B) and (C); and

(II)submits to the Commission a certification that an Internet safety policy has been adopted and implemented for the library under subsection (l); and

(III)ensures the use of such computers in accordance with the certifications.

(ii)The prohibition in clause (i) shall not apply with respect to a library that receives services at discount rates under paragraph (1)(B) only for purposes other than the provision of Internet access, Internet service, or internal connections.

(iii)A library described in clause (i) shall provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy.

(B)A certification under this subparagraph is a certification that the library—

(I)obscene;

(II)child pornography; or

(III)harmful to minors; and

(ii)is enforcing the operation of such technology protection measure during any use of such computers by minors.

(C)A certification under this paragraph is a certification that the library—

(I)obscene; or

(II)child pornography; and

(ii)is enforcing the operation of such technology protection measure during any use of such computers.

(E)(i)Subject to clause (ii) in the case of any library covered by this paragraph as of the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certification under subparagraphs (B) and (C) shall be made—

(I)with respect to the first program funding year under this subsection following such effective date, not later than 120 days after the beginning of such program funding year; and

(II)with respect to any subsequent program funding year, as part of the application process for such program funding year.

(ii)(I)A library covered by clause (i) that has in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C) shall certify its compliance with subparagraphs (B) and (C) during each annual program application cycle under this subsection, except that with respect to the first program funding year after the effective date of this paragraph under section 1721(h) of the Children’s Internet Protection Act, the certifications shall be made not later than 120 days after the beginning of such first program funding year.

(II)A library covered by clause (i) that does not have in place an Internet safety policy and technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C)—

(III)Any library subject to subclause (II) that cannot come into compliance with subparagraphs (B) and (C) in such second year may seek a waiver of subclause (II)(bb) if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by such subclause. A library, library board, or other authority with responsibility for administration of the library shall notify the Commission of the applicability of such subclause to the library. Such notice shall certify that the library in question will be brought into compliance before the start of the third program year after the effective date of this subsection in which the library is applying for funds under this subsection.

(F)(i)Any library that knowingly fails to comply with the application guidelines regarding the annual submission of certification required by this paragraph shall not be eligible for services at discount rates or funding in lieu of services at such rates under this subsection.

(ii)Any library that knowingly fails to ensure the use of its computers in accordance with a certification under subparagraphs (B) and (C) shall reimburse all funds and discounts received under this subsection for the period covered by such certification.

(iii)(I)A library that has failed to submit a certification under clause (i) may remedy the failure by submitting the certification to which the failure relates. Upon submittal of such certification, the library shall be eligible for services at discount rates under this subsection.

(II)A library that has failed to comply with a certification as described in clause (ii) may remedy the failure by ensuring the use of its computers in accordance with such certification. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the library shall be eligible for services at discount rates under this subsection.

(7)For purposes of this subsection:

(A)The term “elementary and secondary schools” means elementary schools and secondary schools, as defined in section 7801 of title 20.

(B)The term “health care provider” means—

(i)post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools;

(ii)community health centers or health centers providing health care to migrants;

(iii)local health departments or agencies;

(iv)community mental health centers;

(v)not-for-profit hospitals;

(vi)rural health clinics;

(vii)skilled nursing facilities (as defined in section 395i–3(a) of title 42); and

(viii)consortia of health care providers consisting of one or more entities described in clauses (i) through (vii).

(C)The term “public institutional telecommunications user” means an elementary or secondary school, a library, or a health care provider as those terms are defined in this paragraph.

(D)The term “minor” means any individual who has not attained the age of 17 years.

(E)The term “obscene” has the meaning given such term in section 1460 of title 18.

(F)The term “child pornography” has the meaning given such term in section 2256 of title 18.

(G)The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that—

(i)taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

(ii)depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

(iii)taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

(H)The terms “sexual act” and “sexual contact” have the meanings given such terms in section 2246 of title 18.

(I)The term “technology protection measure” means a specific technology that blocks or filters Internet access to the material covered by a certification under paragraph (5) or (6) to which such certification relates.

(i)The Commission and the States should ensure that universal service is available at rates that are just, reasonable, and affordable.

(j)Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program provided for by the Commission under regulations set forth in section 69.117 of title 47, Code of Federal Regulations, and other related sections of such title.

(k)A telecommunications carrier may not use services that are not competitive to subsidize services that are subject to competition. The Commission, with respect to interstate services, and the States, with respect to intrastate services, shall establish any necessary cost allocation rules, accounting safeguards, and guidelines to ensure that services included in the definition of universal service bear no more than a reasonable share of the joint and common costs of facilities used to provide those services.

(l)(1)In carrying out its responsibilities under subsection (h), each school or library to which subsection (h) applies shall—

(A)adopt and implement an Internet safety policy that addresses—

(i)access by minors to inappropriate matter on the Internet and World Wide Web;

(ii)the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;

(iii)unauthorized access, including so-called “hacking”, and other unlawful activities by minors online;

(iv)unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and

(v)measures designed to restrict minors’ access to materials harmful to minors; and

(B)provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy.

(2)A determination regarding what matter is inappropriate for minors shall be made by the school board, local educational agency, library, or other authority responsible for making the determination. No agency or instrumentality of the United States Government may—

(A)establish criteria for making such determination;

(B)review the determination made by the certifying school, school board, local educational agency, library, or other authority; or

(C)consider the criteria employed by the certifying school, school board, local educational agency, library, or other authority in the administration of subsection (h)(1)(B).

(3)Each Internet safety policy adopted under this subsection shall be made available to the Commission, upon request of the Commission, by the school, school board, local educational agency, library, or other authority responsible for adopting such Internet safety policy for purposes of the review of such Internet safety policy by the Commission.

(4)This subsection shall apply with respect to schools and libraries on or after the date that is 120 days after December 21, 2000.

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made by this title. “(b) Disclaimer Regarding Privacy.—Nothing in this title or the

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made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult user.” Expedited Review Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1741], Dec. 21, 2000, 114 Stat. 2763, 2763A–351, provided that: “(a) Three-Judge District Court Hearing.—Notwithstanding any other provision of law, any civil action challenging the constitutionality, on its face, of this title [see

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of 2000

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note set out under section 6301 of Title 20, Education] or any amendment made by this title, or any provision thereof, shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28, United States Code. “(b) Appellate Review.—Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an action under subsection (a) holding this title or an amendment made by this title, or any provision thereof, unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order.” Universal Service Fund Payment Schedule Pub. L. 105–33, title III, § 3006, Aug. 5, 1997, 111 Stat. 269, related to appropriations to the Universal Service Fund in support of programs established pursuant to rules implementing this section and adjustment of payments by telecommunications carriers and other providers of interstate telecommunications prior to repeal by Pub. L. 105–119, title VI, § 622, Nov. 26, 1997, 111 Stat. 2521. section 622 of Pub. L. 105–119 provided further that: “This section shall be deemed a section of the Balanced Budget Act of 1997 [Pub. L. 105–33, see Tables for classification] for the purposes of section 10213 of that Act (111 Stat. 712) [2 U.S.C. 902 note], and shall be scored pursuant to paragraph (2) of such section.”

§254 Universal service

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Title 47, §254

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