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

§614 Telecommunications Development Fund

Title 47 › CHAPTER 5 — WIRE OR RADIO COMMUNICATION › SUBCHAPTER VI — MISCELLANEOUS PROVISIONS › § 614

Last updated Sep 23, 2026|Official source

Summary

Creates a corporate body called the Telecommunications Development Fund to help small businesses in the telecom field get money and grow. The Fund’s main office is in Washington, D.C., and it continues until it is dissolved. A five-person Board of Directors with experience in finance, banking, communications law, and public policy will run it. The Board picks a Chair each year and uses a small nominating group to add directors. The Fund keeps its money in a bank chosen by the Board Chair. Money comes from sums Congress provides for advances, gifts or donations the Fund accepts, and repayments or returns from loans and investments it makes. Money in the Fund can only be used to lend or invest in eligible small telecom businesses, give them financial advice, pay Fund staff and office costs, prepare research or analyses, and provide other services that match the Fund’s goals. Loans are made based on the business plan, available collateral, how well the loan furthers the Fund’s purposes, and other Board rules. The Fund can enter contracts, buy or sell property, accept gifts, hire staff, and sue or be sued. Its accounts must be audited each year by independent certified public accountants. The audit goes to the Secretary of the Treasury and the Commission, and the Treasury must report each year’s audit to the President and Congress within 6 months after the fiscal year ends, including statements of assets, liabilities, income, expenses, and how funds were used. Eligible small business: telecom companies with $50,000,000 or less in average annual revenue over the prior 3 years. Telecommunications industry: businesses like broadcasting, telecom, cable, computer and data services, software, programming, advanced messaging, and electronics.

Full Legal Text

Title 47, §614

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

(a)Purpose of section (b) Establishment of Fund
It is the purpose of this section— (1)
(2)to stimulate new technology development, and promote employment and training; and
(3)to support universal service and promote delivery of telecommunications services to underserved rural and urban areas.
(c)Independent Board of Directors
The Fund shall have a Board of Directors consisting of 5 people with experience in areas including finance, investment banking, government banking, communications law and administrative practice, and public policy. The Board of Directors shall select annually a Chair from among the directors. A nominating committee, comprised of the Chair and 2 other directors selected by the Chair, shall appoint additional directors. The Fund’s bylaws shall regulate the other aspects of the Board of Directors, including provisions relating to meetings, quorums, committees, and other matters, all as typically contained in the bylaws of a similar private investment fund.
(d)Accounts of Fund
The Fund shall maintain its accounts at a financial institution designated for purposes of this section by the Chairman of the Board. The accounts of the Fund shall consist of— (1)
(2)any contributions or donations to the Fund that are accepted by the Fund; and
(3)any repayment of, or other payment made with respect to, loans, equity, or other extensions of credit made from the Fund.
(e)Use of Fund
All moneys deposited into the accounts of the Fund shall be used solely for— (1)
(2)the provision of financial advice to eligible small businesses;
(3)expenses for the administration and management of the Fund (including salaries, expenses, and the rental or purchase of office space for the fund);
(4)preparation of research, studies, or financial analyses; and
(5)other services consistent with the purposes of this section.
(f)Lending and credit operations
Loans or other extensions of credit from the Fund shall be made available to an eligible small business on the basis of— (1)
(2)the reasonable availability of collateral to secure the loan or credit extension;
(3)the extent to which the loan or credit extension promotes the purposes of this section; and
(4)other lending policies as defined by the Board.
(g)Return of advances
Any advances appropriated pursuant to subsection (d)(1) shall be disbursed upon such terms and conditions (including conditions relating to the time or times of repayment) as are specified in any appropriations Act providing such advances.
(h)General corporate powers
The Fund shall have power—
(1)to sue and be sued, complain and defend, in its corporate name and through its own counsel;
(2)to adopt, alter, and use the corporate seal, which shall be judicially noticed;
(3)to adopt, amend, and repeal by its Board of Directors, bylaws, rules, and regulations as may be necessary for the conduct of its business;
(4)to conduct its business, carry on its operations, and have officers and exercise the power granted by this section in any State without regard to any qualification or similar statute in any State;
(5)to lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with any property, real, personal, or mixed, or any interest therein, wherever situated, for the purposes of the Fund;
(6)to accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of the purposes of the Fund;
(7)to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of its property and assets;
(8)to appoint such officers, attorneys, employees, and agents as may be required, to determine their qualifications, to define their duties, to fix their salaries, require bonds for them, and fix the penalty thereof; and
(9)to enter into contracts, to execute instruments, to incur liabilities, to make loans and equity investment, and to do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business.
(i)Accounting, auditing, and reporting
The accounts of the Fund shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants. A report of each such audit shall be furnished to the Secretary of the Treasury and the Commission. The representatives of the Secretary and the Commission shall have access to all books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Fund and necessary to facilitate the audit.
(j)Report on audits by Treasury
A report of each such audit for a fiscal year shall be made by the Secretary of the Treasury to the President and to the Congress not later than 6 months following the close of such fiscal year. The report shall set forth the scope of the audit and shall include a statement of assets and liabilities, capital and surplus or deficit; a statement of surplus or deficit analysis; a statement of income and expense; a statement of sources and application of funds; and such comments and information as may be deemed necessary to keep the President and the Congress informed of the operations and financial condition of the Fund, together with such recommendations with respect thereto as the Secretary may deem advisable.
(k)Definitions
As used in this section: (1) Eligible small business
(2)Fund
The term “Fund” means the Telecommunications Development Fund established pursuant to this section.
(3)Telecommunications industry
The term “telecommunications industry” means communications businesses using regulated or unregulated facilities or services and includes broadcasting, telecommunications, cable, computer, data transmission, software, programming, advanced messaging, and electronics businesses.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (c). Pub. L. 112–96, § 6602(1), added subsec. (c) and struck out former subsec. (c) which related to the Board of Directors of the Fund. Subsec. (d). Pub. L. 112–96, § 6602(2), struck out “(after consultation with the Commission and the Secretary of the Treasury)” after “Chairman of the Board ” in introductory provisions, redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “interest transferred pursuant to section 309(j)(8)(C) of this title;”. Subsec. (g). Pub. L. 112–96, § 6602(3), substituted “subsection (d)(1)” for “subsection (d)(2)”. 2004—Subsec. (f). Pub. L. 108–494 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Loans or other extensions of credit from the Fund shall be made available in accordance with the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) and any other applicable law to an eligible small business on the basis of— “(1) the analysis of the business plan of the eligible small business; “(2) the reasonable availability of collateral to secure the loan or credit extension; “(3) the extent to which the loan or credit extension promotes the purposes of this section; and “(4) other lending policies as defined by the Board.”

Reference

Citations & Metadata

Citation

47 U.S.C. § 614

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 23, 2026

Release point: 119-110