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Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§395 Assistance for Demonstration Projects

Title 47 › 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 › § 395

Last updated Sep 22, 2026|Official source

Summary

Authorizes the Secretary to make grants or sign contracts with public or private nonprofit groups to test nonbroadcast telecommunications projects that send health, education, or social service information. Applicants must apply in the form the Secretary requires. The Secretary may approve a project if it shows new ways to use nonbroadcast telecom tools, stays under the applicant’s control, the applicant can manage and run it, and the equipment will be used mainly for health, education, or public/social service information. “Nonbroadcast telecommunications facilities” includes things like cable systems, communications satellites and terminal gear, and other ways to send or receive images, sounds, or data. Grants or contracts may pay up to the reasonable and necessary cost, paid in advance or by reimbursement in installments. Funding is limited to no more than 3 years per project. Money can’t be used to build or remodel buildings, except minor work needed to install equipment. Recipients must send an annual summary and evaluation while they get funds, keep records for audits, and let the Secretary and the Comptroller General examine relevant records. The Secretary may make rules and work closely with the Commission and the Corporation. The law authorized $1,000,000 for each of fiscal years 1979, 1980, and 1981; those funds remain available for projects with approved applications submitted within one year after the end of the fiscal year.

Full Legal Text

Title 47, §395

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

(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) 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

47 U.S.C. § 395

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110