47 U.S. Code § 392 - Grants for construction
Upon approving any application under this section with respect to any project for the construction of public telecommunications facilities, the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amount shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of such project.
The Secretary may provide such funds as the Secretary deems necessary for the planning of any project for which construction 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 may require and shall provide assurances satisfactory to the Secretary that the applicant meets the eligible requirements of subsection (a) to receive construction assistance.
Any studies conducted by or for any grant recipient under this section shall be provided to the Secretary, if such studies are conducted through the use of funds received under this section.
The Secretary 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 projects and relating to determining the amount of each grant for such projects.
In establishing criteria for grants pursuant to section 393 of this title and in establishing procedures relating to the order of priority established in subsection (e) in approving applications for grants, the Secretary shall give special consideration to applications which would increase minority and women’s ownership of, operation of, and participation in public telecommunications entities. The Secretary 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 are needed, and to provide such other assistance and information as may be appropriate.
Each recipient of assistance under this subpart shall keep such records as may be reasonably necessary to enable the Secretary to carry out the functions of the Secretary under this subpart, including a complete and itemized inventory of all public telecommunications facilities 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.
The Secretary and the Comptroller General of the United States, 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.
1981—Subsec. (a)(4). Pub. L. 97–35, § 1223(a), inserted provisions relating to noninterference of facilities with services required under this part, and substituted “primarily” for “only”.
Subsec. (g)(2). Pub. L. 97–35, § 1223(b), substituted “primarily” for “only”, and provisions relating to interference of uses of facilities for provisions relating to good cause for release of applicant or owner from requirements.
1978—Pub. L. 95–567 completely revised and restructured existing provisions, inserting provisions requiring applicant to submit a 5 year plan, allowing nonprofit educational or cultural groups to apply for grants, authorizing the Secretary to make grants up to 75 percent of the cost, establishing rules and regulations for approving grants and administering grants made before, on or after Nov. 2, 1978, and striking out provisions for an 8½ percent limit on grants and criteria for awarding grants.
1976—Subsec. (a)(1)(C). Pub. L. 94–309, § 4(a), substituted “a public or private nonprofit college or university or other educational or cultural institution which is affiliated with an eligible college or university” for “a college or university deriving its support in whole or in part from tax revenues”.
Subsec. (d). Pub. L. 94–309, § 4(b), substituted separate provisions relating to grant criteria for television and for radio in place of single provision that Secretary shall base his determinations of whether to approve applications for grants and the amount of grants on criteria set forth in regulations and designed to achieve, with respect to noncommercial educational television channels, prompt and effective use of all such channels remaining available and, with respect to noncommercial educational television and radio broadcasting facilities, equitable geographical distribution of such facilities throughout the States and provision of such facilities which will serve the greatest number of persons in as many areas as possible and which are adaptable to the broadest educational uses.
1967—Subsec. (a). Pub. L. 90–129, § 103(b)(1), inserted “noncommercial” and “or radio” in introductory text.
Subsec. (a)(1)(B). Pub. L. 90–129, § 103(b)(2), required the State educational television agency applicant for a television facilities project to be a noncommercial agency and inserted requirement that applicant for a radio facilities project be a State educational radio agency.
Subsec. (a)(1)(D). Pub. L. 90–129, § 103(b)(3), designated existing provisions as cl. (i), made such cl. (i) applicable to television facilities projects and noncommercial television, and added cl. (ii) and provision for applicant meeting both television and radio broadcasting requirements.
Subsec. (a)(1)(E). Pub. L. 90–129, § 103(b)(4), added cl. (E).
Subsec. (a)(2) to (4). Pub. L. 90–129, § 103(b)(5), struck out “television” before “broadcasting facilities” wherever appearing.
Subsec. (a)(5). Pub. L. 90–129, § 103(b)(6), added par. (5).
Subsec. (b). Pub. L. 90–129, § 102, substituted limitation on grants for construction of noncommercial educational television and radio broadcasting facilities in any State to 8½ per centum of fiscal year appropriation for former $1,000,000 limitation for construction of educational television broadcasting facilities in any State.
Subsec. (c). Pub. L. 90–129, § 103(c), designated existing provisions as par. (1), restricted such provisions to noncommercial educational television broadcasting facilities, and added par. (2).
Subsec. (d). Pub. L. 90–129, § 103(d), inserted in cls. (2) and (3) “noncommercial” and “or noncommercial educational radio broadcasting facilities, as the case may be,” before and after “educational television broadcasting facilities”, respectively.
Subsec. (e). Pub. L. 90–129, § 104, increased the maximum Federal share in the cost of constructing educational broadcasting facilities from 50 to 75 percent, eliminated the additional credit, formerly allowed the grantee, of 25 percent of the cost of facilities owned by the applicant on the date his application is filed, eliminated the prohibition against using not more than 15 percent of a grant for the acquisition and installation of interconnection facilities, microwave equipment, boosters, translators, and repeaters, and provided for payment of cost of the project from the sum available therefor.
Subsec. (f). Pub. L. 90–129, § 103(e), inserted “or radio” in introductory text and, in par. (2), “noncommercial” and “or noncommercial educational radio purposes, as the case may be” before and after “educational television purposes”, respectively.
Pub. L. 90–129, title I, § 102, Nov. 7, 1967, 81 Stat. 365, provided that the amendment made by section 102 is effective with respect to grants made from appropriations for any fiscal year beginning after June 30, 1967.
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