II

103D CONGRESS

2D SESSION S. 1883

To authorize appropriations for the promotion and development of the United

States national telecommunications and information infrastructure, and

the construction and planning of public broadcasting facilities, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 1 (legislative day, FEBRUARY 22), 1994

Mr. INOUYE (for himself, Mr. HOLLINGS, Mr. STEVENS, and Mr. DANFORTH)

introduced the following bill; which was read twice and referred to the

Committee on Commerce, Science, and Transportation

A BILL

To authorize appropriations for the promotion and development of the United States national telecommunications

and information infrastructure, and the construction and

planning of public broadcasting facilities, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Tele5 communications and Information Administration Author6 ization Act of 1994’’.
2

S 1883 IS

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. FINDINGS.

3 The Congress finds and declares the following:

4 (1) A strong commitment to building the na5 tional telecommunications and information infra6 structure will promote economic growth, aid the Na7 tion’s competitiveness, and increase the national

8 standard of living.

9 (2) A telecommunications and information in10 frastructure initiative that complements private sec11 tor efforts is in the national interest.

12 (3) Private sector investments in the United

13 States telecommunications and information infra14 structure do not supplant the Federal role in fund15 ing demonstration projects in which advanced tele16 communications capabilities are used to aid the de17 livery of critical social services, such as education

18 and health care (particularly in rural areas), tradi19 tionally supported by government.

20 (4) Government funding of demonstrations and

21 pilot projects of telecommunications and information

22 infrastructure applications for health care providers,

23 educational institutions, research facilities, State and

24 local governments, public safety services, libraries,

25 and other social service and public information pro-
3

S 1883 IS

1 viders can serve as a catalyst in promoting increased

2 private sector investment in, and continued develop3 ment of, the national telecommunications and infor4 mation infrastructure.

5 (5) Federal assistance in the promotion of the

6 national telecommunications and information infra7 structure will use a wide range of technologies, in8 cluding but not limited to broadcast, fiber optic

9 cable, coaxial cable, satellite systems, and microwave

10 systems.

11 (6) Providing assistance to help eligible entities

12 connect to existing and developing telecommuni13 cations networks and information services is in the

14 public interest.

15 (7) The development of an advanced tele16 communications and information infrastructure can

17 improve and extend the training of rural health pro18 fessionals and the continuity of patient care in rural

19 areas.

20 (8) There are tremendous information resources

21 in the Nation, but the benefits of an advanced tele22 communications and information infrastructure will

23 be enhanced when both urban and rural citizens of

24 the United States have reasonable access to such ex25 isting and future information resources.
4

S 1883 IS

1 (9) Federal support of public broadcasting has

2 helped provide valuable and useful educational and

3 cultural programs that reach nearly all citizens of

4 the United States.

5 (10) The Federal Government shall ensure that

6 all citizens of the United States have access to pub7 lic telecommunications services through all appro8 priate available telecommunications distribution

9 technologies.

10 (11) Public telecommunications entities and

11 services constitute valuable local community re12 sources for utilizing electronic media to address na13 tional concerns and solve local problems through

14 community programs.

15 (12) It is in the public interest to encourage

16 partnerships to adapt technologies to public service

17 uses in a cost-effective manner, utilizing and main18 taining existing facilities where appropriate and ef19 fective, and to avoid duplicate services or capacities

20 which are currently provided by public telecommuni21 cations and information entities.

22 SEC. 102. PURPOSE.

23 (a) IN GENERAL.—To facilitate the development of

24 the national telecommunications and information infra25 structure, the Secretary of Commerce is authorized to es-
5

S 1883 IS

1 tablish and maintain two separate assistance programs, a

2 program for telecommunications and information infra3 structure projects as described in subsection (b) and a pro4 gram for public broadcasting projects as described in sub5 section (c).

6 (b) TELECOMMUNICATIONS AND INFORMATION IN7 FRASTRUCTURE PROGRAM.—The Telecommunications

8 and Information Infrastructure Program shall focus on

9 promoting the widespread availability of advanced tele10 communications technologies to—

11 (1) enhance the delivery of diverse social serv12 ices, including education and health care, to the pub13 lic (particularly in rural areas); and

14 (2) support the formation of a nationwide, mul15 timedia, high-speed, interactive infrastructure of var16 ied information technologies through interconnection

17 and improvement.

18 (c) PUBLIC BROADCASTING FACILITIES PROGRAM.—

19 The purpose of the Public Broadcasting Facilities Pro20 gram is to assist, through matching grants, in the plan21 ning and construction of public broadcasting facilities in

22 order to achieve the following objectives:

23 (1) Extend delivery of public broadcasting serv24 ices to as many citizens of the United States as pos25 sible by the most efficient and economical means, in-
6

S 1883 IS

1 cluding broadcast, fiber optic cable, coaxial cable,

2 satellite systems, and microwave systems.

3 (2) Increase public broadcasting services and

4 facilities available to, operated by, and owned by mi5 norities, Native Americans, and women.

6 (3) Strengthen the capability of existing public

7 broadcasting entities to provide public broadcasting

8 services to the public.

9 TITLE II—TELECOMMUNICATIONS AND

10 INFORMATION INFRASTRUCTURE

11 SEC. 201. ASSISTANCE FOR TELECOMMUNICATIONS AND IN12 FORMATION INFRASTRUCTURE DEVELOP13 MENT.

14 (a) IN GENERAL.—The National Telecommuni15 cations and Information Administration Organization Act

16 is amended—

17 (1) by redesignating part C as part D; and

18 (2) by inserting immediately after part B the

19 following new part:
7

S 1883 IS

1 ‘‘PART C—ASSISTANCE FOR TELECOMMUNI2 CATIONS AND INFORMATION INFRASTRUC3 TURE DEVELOPMENT

4 ‘‘SEC. 121. ASSISTANCE FOR TELECOMMUNICATIONS AND

5 INFORMATION INFRASTRUCTURE DEVELOP6 MENT.

7 ‘‘(a) PURPOSE.—The purpose of this section is to as8 sist, through matching grants, the development of a na9 tional telecommunications and information infrastructure,

10 by the most efficient and economical means. The objec11 tives of these grants are to—

12 ‘‘(1) expand telecommunications networks or

13 systems for health care providers, educational insti14 tutions, research facilities, libraries, museums, State

15 and local governments, public safety services, and

16 other social service and public information providers;

17 ‘‘(2) enhance the ability, through infrastructure

18 interconnection, of health care providers, educational

19 institutions, research facilities, libraries, museums,

20 State and local governments, public safety services,

21 and other social service and public information pro22 viders to access existing and new sources of informa23 tion;

24 ‘‘(3) improve the efficiency and effectiveness of

25 the delivery of social services, such as education and
8

S 1883 IS

1 health care, to both urban and rural citizens of the

2 United States;

3 ‘‘(4) promote innovation in the use of tele4 communications services and technologies by sup5 porting telecommunications demonstration projects

6 in the delivery of social services, particularly to rural

7 and underserved populations; and

8 ‘‘(5) increase the professional productivity, per9 sonal growth, and quality of life for all citizens of

10 the United States, especially traditionally under11 served populations thereof, through efficient access

12 to information.

13 ‘‘(b) CRITERIA.—(1) The Secretary shall base deter14 minations on whether to approve a grant under this sec15 tion, and (subject to paragraph (2)) the amount of such

16 grant, on finding that the project to be funded by the

17 grant would advance one or more of the following goals:

18 ‘‘(A) The enhancement of the telecommuni19 cations and information infrastructure for health

20 care providers, educational institutions, research fa21 cilities, libraries, museums, State and local govern22 ments, public safety services, and other social service

23 and public information providers.

24 ‘‘(B) The promotion of accessibility to, and uni25 versal utilization of, telecommunications and infor-
9

S 1883 IS

1 mation infrastructure for both urban and rural citi2 zens of the United States, especially traditionally un3 derserved populations.

4 ‘‘(C) The development and increased use of

5 telecommunications and information infrastructure,

6 especially for education, health care, research, public

7 safety, and other social and public information serv8 ice providers, with demonstration projects.

9 ‘‘(D) The promotion of infrastructure inter10 connection and interoperability.

11 ‘‘(E) The evaluation and demonstration of the

12 efficiency and efficacy of innovative telecommuni13 cations facilities, systems, or networks in the provi14 sion of education, health care, public safety services,

15 and other social and public information services.

16 ‘‘(2) The amount of the grant under this section shall

17 not exceed 50 percent of the amount determined by the

18 Secretary to be the reasonable and necessary cost of the

19 project to be funded, except that the Secretary may pro20 vide a grant in an amount between 50 and 75 percent

21 of such cost if the Secretary determines that extraordinary

22 circumstances warrant.

23 ‘‘(c) APPLICATIONS FOR GRANTS.—For each project

24 proposed pursuant to this section there shall be submitted

25 to the Secretary an application for a grant containing such
10

S 1883 IS

1 information with respect to such project as the Secretary

2 may require. Each applicant shall also provide assurances

3 satisfactory to the Secretary that—

4 ‘‘(1) the applicant is capable of creating, oper5 ating, and maintaining the facilities, systems, or net6 works that are the subject of the application;

7 ‘‘(2) necessary funds to create, operate, and

8 maintain such facilities, systems, or networks will be

9 available when needed;

10 ‘‘(3) the applicant has participated in com11 prehensive planning for such facilities, systems, or

12 networks that includes an evaluation of alternative

13 technologies and coordination with appropriate Fed14 eral or State agencies, as needed;

15 ‘‘(4) the applicant has not failed to utilize com16 mercially available network services to meet its com17 munications or information needs to the extent such

18 commercial services meet the needs of the applicant

19 in the most efficient and economical manner;

20 ‘‘(5) the applicant will make efficient use of the

21 grant;

22 ‘‘(6) the applicant is—

23 ‘‘(A) a nonprofit foundation, corporation,

24 institution, or association;
11

S 1883 IS

1 ‘‘(B) a State or local government (or any

2 agency thereof), or a political or special purpose

3 subdivision of a State or local government; or

4 ‘‘(C) any enterprise owned and operated by

5 a State or local government entity; and

6 ‘‘(7) the applicant will use any facility, system,

7 or network obtained with funds provided under this

8 section primarily to achieve objectives identified in

9 the application and will comply with regulations pre10 scribed by the Secretary with respect to resale of

11 any capacity of such facility, system, or network.

12 ‘‘(d) TRAINING AND PLANNING.—(1) The Secretary

13 may fund necessary and reasonable expenses needed for

14 training in the operation of the facilities, systems, or net15 works developed pursuant to this section, except that such

16 expenditures shall be authorized only for a period not to

17 exceed 1 year after close-out of the grant for the tele18 communications and information infrastructure project

19 funded under this section.

20 ‘‘(2) The Secretary may provide up to 100 percent

21 of the cost of planning projects or studies that will pro22 mote the development or enhancement of the national tele23 communications and information infrastructure. Any

24 plans or studies conducted by or for any grant recipient

25 under this section shall be provided to the Secretary. An
12

S 1883 IS

1 applicant for a planning grant shall provide such informa2 tion with respect to such project as the Secretary may re3 quire and shall provide assurances satisfactory to the Sec4 retary that the applicant meets the requirements of sub5 section (c)(6).

6 ‘‘(e) REGULATIONS.—The Secretary shall establish

7 such regulations as may be necessary to carry out this

8 section, including regulations relating to the order of pri9 ority to be used in approving applications and relating to

10 determining the amount of each grant for such projects.

11 As part of such regulations, the Secretary shall provide

12 a preference in the award of assistance for projects that

13 increase utilization and efficiency of existing telecommuni14 cations and information facilities. The Secretary shall seek

15 the views of the Secretary of Education, the Secretary of

16 Health and Human Services, the Federal Communications

17 Commission, and the Director of the National Science

18 Foundation in developing the regulations authorized under

19 this section. Such regulations shall include any regulations

20 determined by the Secretary to be necessary for purposes

21 of subsection (c)(7) to prevent any recipient of funds

22 under this section from using commercial resale of excess

23 capacity to compete unfairly with providers of tele24 communications services.
13

S 1883 IS

1 ‘‘(f) SPECIAL CONSIDERATION.—In establishing cri2 teria for grants pursuant to this section, and in establish3 ing procedures relating to the order of priority established

4 in subsection (e) in approving applications for grants, the

5 Secretary shall give special consideration to applications

6 that would—

7 ‘‘(1) increase participation by minorities, Native

8 Americans, individuals with disabilities, women, and

9 other underserved populations in the ownership of,

10 operation of, and access to, telecommunications and

11 information infrastructure, the Secretary shall take

12 affirmative steps to inform minorities, Native Ameri13 cans, individuals with disabilities, women, and other

14 underserved populations of the availability of funds

15 under this section, and to provide such other assist16 ance and information as may be appropriate; and

17 ‘‘(2) avoid duplication with existing facilities

18 and services.

19 ‘‘(g) MERITORIOUS APPLICATION.—The Secretary

20 shall consider meritorious an application for a grant—

21 ‘‘(1) to establish an integrated operational and

22 educational telecommunications network among

23 United States science centers and other users;

24 ‘‘(2) to establish comprehensive, interactive ex25 hibits which enable visitors to participate in the use
14

S 1883 IS

1 of such a telecommunications network, using voice,

2 data, or video connections with other sites on the

3 network; and

4 ‘‘(3) by an applicant that, as of January 1,

5 1994, is an existing science museum in the process

6 of planning a major new science museum facility to

7 be located in a historically significant structure lo8 cated in a metropolitan area near the geographic

9 center of the United States.

10 ‘‘(h) RECOVERY OF FUNDS.—If, within 5 years after

11 completion of any project with respect to which a grant

12 has been made under this section—

13 ‘‘(1) the applicant or other owner of such facili14 ties or infrastructure ceases to be an agency, institu15 tion, foundation, corporation, association, or other

16 entity described in subsection (c)(6); or

17 ‘‘(2) such facilities or infrastructure cease to be

18 used primarily for the intended purposes of the

19 grant project;

20 the United States shall be entitled to recover from the ap21 plicant or other owner of such facilities the amount bear22 ing the same ratio to the value of such facilities at the

23 time the applicant ceases to be such an entity or at the

24 time of such determination (as determined by agreement

25 of the parties or by action brought in the United States
15

S 1883 IS

1 district court for the district in which such facilities are

2 situated), as the amount of the Federal participation bore

3 to the cost of construction of such facilities.

4 ‘‘(i) RECORDKEEPING REQUIREMENTS.—Each recip5 ient of assistance under this section shall keep such

6 records as may be reasonably necessary to enable the Sec7 retary to carry out the functions of the Secretary under

8 this section, including a complete and itemized inventory

9 of all telecommunications and information infrastructure,

10 systems, or networks under the control of such recipient

11 procured with funds authorized under this section; and

12 records which fully disclose the amount and the disposition

13 by such recipient of the proceeds of such assistance, the

14 total cost of the project in connection with which such as15 sistance is given or used, the amount and nature of that

16 portion of the cost of the project supplied by other sources,

17 and such other records as will facilitate an effective audit.

18 ‘‘(j) ACCESSIBILITY OF RECORDS.—The Secretary

19 and the Comptroller General of the United States, or any

20 of their duly authorized representatives, shall have access

21 for the purpose of audit and examination to any books,

22 documents, papers, and records of any recipient of assist23 ance under this section that are pertinent to assistance

24 received under this section.
16

S 1883 IS

1 ‘‘(k) DUTY TO MONITOR.—The Secretary shall mon2 itor and evaluate selected projects, to determine whether

3 such projects fulfill the objectives of this section. The Sec4 retary shall evaluate the activities of this assistance pro5 gram to assure that it is fulfilling its goals and objectives.

6 The Secretary shall develop criteria for evaluations pursu7 ant to subsection (e).

8 ‘‘(l) CLEARINGHOUSES.—(1) In carrying out the re9 quirements of subsection (k), and in collecting studies pur10 suant to subsection (d), the Secretary shall provide for the

11 collection and dissemination of information concerning

12 distance learning. The Secretary shall maintain informa13 tion on distance learning providers; receive, review, and

14 analyze reports of different distance learning activities;

15 and publish periodically a compilation of the reports sub16 mitted and such analysis.

17 ‘‘(2) In carrying out the requirements of subsection

18 (k), and in collecting studies pursuant to subsection (d),

19 the Secretary shall provide for the collection and dissemi20 nation of information concerning telemedicine projects.

21 The Secretary shall maintain information on telemedicine

22 projects, receive, review, and analyze reports of different

23 telemedicine activities, and publish periodically a compila24 tion of the reports submitted and such analysis.
17

S 1883 IS

1 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated for fiscal year 1994

3 $51,000,000, for fiscal year 1995 $100,000,000, for fiscal

4 year 1996 $150,000,000, and for each of the fiscal years

5 1997 and 1998 such sums as may be necessary, to be used

6 by the Secretary to assist in the infrastructure inter7 connection, or development of telecommunications and in8 formation infrastructure, as provided in this section. Sums

9 appropriated under this section for any fiscal year shall

10 remain available until expended, for payment of grants for

11 projects for which applications approved by the Secretary,

12 pursuant to this section, have been submitted within any

13 fiscal year; and for further implementation of this section.

14 Sums appropriated under this section may be used by the

15 Secretary to cover the direct and indirect costs of admin16 istering the provisions of this section, for evaluating the

17 effectiveness of the program and projects funded pursuant

18 to this section, and for other related activities.’’.

19 (b) DEFINITIONS IN NTIAO ACT.—Section 102(a) of

20 the National Telecommunications and Information Ad21 ministration Organization Act is amended by adding at

22 end the following new paragraphs:

23 ‘‘(6) The term ‘construction’ means acquisition

24 (including acquisition by lease), installation, and

25 modernization of public broadcasting facilities and
18

S 1883 IS

1 planning and preparatory steps incidental to any

2 such acquisition, installation, or modernization.

3 ‘‘(7) The term ‘infrastructure interconnection’

4 means an association of transmission channels or

5 telecommunication circuits, switching units, or other

6 equipment to provide the means of a transfer of sig7 nals between two or more points in an interconnec8 tion system or a telecommunications network or net9 works.

10 ‘‘(8) The term ‘interconnection system’ means

11 any system of interconnection facilities used for the

12 distribution of programs to public telecommuni13 cations entities.

14 ‘‘(9) The term ‘nonprofit’ (as applied to any

15 foundation, corporation, association, institution, or

16 other organization) means a foundation, corporation,

17 association, institution, or organization, no part of

18 whose net earnings inures, or may lawfully inure, to

19 the benefit of any private shareholder or individual.

20 ‘‘(10) The term ‘public broadcasting entity’

21 means the Corporation for Public Broadcasting, any

22 licensee or permittee of a public broadcast station,

23 or any nonprofit institution engaged primarily in the

24 production, acquisition, distribution, or dissemina25 tion of educational or cultural television or radio
19

S 1883 IS

1 programs and related noncommercial instructional

2 and informational material.

3 ‘‘(11) The term ‘public broadcasting facilities’

4 means telecommunications and related equipment

5 necessary for the provision of public broadcasting

6 services, except that such term does not include the

7 buildings to house such apparatus (other than small

8 equipment shelters that are part of satellite earth

9 stations, translators, microwave interconnection fa10 cilities, and similar facilities.

11 ‘‘(12) The term ‘public broadcasting services’

12 means the production, acquisition, distribution, or

13 dissemination of noncommercial, educational, or cul14 tural television or radio programs and related non15 commercial, instructional, and informational mate16 rial disseminated by public broadcasting entities.

17 ‘‘(13) The term ‘State’ includes the District of

18 Columbia, Puerto Rico, the Virgin Islands, Guam,

19 American Samoa, the Northern Mariana Islands,

20 and the Trust Territory of the Pacific Islands.

21 ‘‘(14) The term ‘telecommunications and infor22 mation infrastructure’ means the hardware and op23 erating software necessary to produce, transmit, re24 ceive, store, or distribute analog or digital signals for

25 voice, data, graphics, text, or video.’’.
20

S 1883 IS

1 TITLE III—ASSISTANCE FOR PUBLIC

2 BROADCASTING FACILITIES

3 SEC. 301. ASSISTANCE FOR PLANNING AND CONSTRUCTION

4 OF PUBLIC BROADCASTING FACILITIES.

5 (a) TECHNICAL AMENDMENTS.—(1) The heading to

6 part IV of the Communications Act of 1934 (47 U.S.C.

7 390 et seq.) is amended to read as follows:

8 ‘‘PART IV—ASSISTANCE FOR PUBLIC BROAD9 CASTING FACILITIES; NATIONAL ENDOW10 MENT FOR CHILDREN’S EDUCATIONAL TELE11 VISION; CORPORATION FOR PUBLIC BROAD12 CASTING’’.

13 (2) The heading to subpart A of such part IV is amend14 ed by striking ‘‘TELECOMMUNICATIONS’’ and inserting in

15 lieu thereof ‘‘BROADCASTING’’.

16 (b) DECLARATION OF PURPOSE.—Section 390 of the

17 Communications Act of 1934 (47 U.S.C. 390) is amend18 ed—

19 (1) by striking ‘‘telecommunications’’ each place

20 it appears and inserting in lieu thereof ‘‘broadcast21 ing’’;

22 (2) by striking ‘‘including the use of broadcast

23 and nonbroadcast technologies;’’ and inserting in

24 lieu thereof ‘‘including broadcast, fiber optic cable,
21

S 1883 IS

1 coaxial cable, satellite systems, and microwave sys2 tems;’’ and

3 (3) by striking ‘‘television and radio stations’’

4 and inserting in lieu thereof ‘‘broadcasting entities’’.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

6 391 of the Communications Act of 1934 (47 U.S.C. 391)

7 is amended—

8 (1) by striking each of the fiscal years ‘‘1992,

9 1993, and 1994’’ and inserting in lieu thereof ‘‘1995

10 and 1996’’; and

11 (2) by striking ‘‘telecommunications’’ and in12 serting in lieu thereof ‘‘broadcasting’’.

13 (b) GRANTS FOR CONSTRUCTION.—(1) Section

14 392(a) of the Communications Act of 1934 (47 U.S.C.

15 392(a)) is amended—

16 (A) by striking, ‘‘, and a 5-year plan’’ and all

17 that follows in the first sentence through ‘‘such fa18 cilities requirements’’;

19 (B) by amending paragraph (1) to read as fol20 lows:

21 ‘‘(1) the applicant is (A) a public broadcast sta22 tion; (B) a system of public broadcasting entities;

23 (C) a nonprofit foundation, corporation, institution,

24 or association organized primarily for educational or

25 cultural purposes; or (D) a State or local govern-
22

S 1883 IS

1 ment (or any agency thereof), or a political or spe2 cial purpose subdivision of a State;’’; and

3 (C) by striking ‘‘telecommunications’’ each

4 place it appears and inserting in lieu thereof ‘‘broad5 casting’’.

6 (2) Section 392(b) of the Communications Act of

7 1934 (47 U.S.C. 392(b)) is amended by striking ‘‘tele8 communications’’ and inserting in lieu thereof ‘‘broadcast9 ing’’.

10 (3) Section 392(c) of the Communications Act of

11 1934 (47 U.S.C. 392(c)) is amended by striking ‘‘eligible’’

12 and inserting in lieu thereof ‘‘eligibility’’.

13 (4) Section 392(e) of the Communications Act of

14 1934 (47 U.S.C. 392(e)) is amended—

15 (A) by inserting ‘‘or planning’’ immediately

16 after ‘‘construction’’; and

17 (B) by striking ‘‘rules and’’ each place it ap18 pears.

19 (5) Section 392(f) of the Communications Act of

20 1934 (47 U.S.C. 392(f)) is amended to read as follows:

21 ‘‘(f) In establishing criteria for grants pursuant to

22 section 393, and in establishing procedures relating to the

23 order of priority established in subsection (e) in approving

24 applications for grants, the Secretary shall give special

25 consideration to applications which would increase partici-
23

S 1883 IS

1 pation by minorities, Native Americans, women, and popu2 lations traditionally underserved in the ownership of, and

3 operation of, public broadcasting entities. The Secretary

4 shall take affirmative steps to inform minorities, Native

5 Americans, women, and underserved populations of the

6 availability of funds under this subpart, and the localities

7 where new public broadcasting facilities are needed, and

8 to provide such other assistance and information as may

9 be appropriate.’’.

10 (6) Section 392(g) of the Communications Act of

11 1934 (47 U.S.C. 392(g)) is amended—

12 (A) in the introductory matter, by striking ‘‘10

13 years after completion of any project for construc14 tion of public telecommunications facilities’’ and in15 serting in lieu thereof ‘‘5 years (or, if the Secretary

16 so determines, 10 years) after completion of any

17 project for construction of facilities,’’;

18 (B) in paragraph (1), by striking ‘‘agency, in19 stitution, foundation, corporation, association or

20 other’’; and

21 (C) in paragraph (2), by striking ‘‘telecommuni22 cations’’ each place it appears and inserting in lieu

23 thereof ‘‘broadcasting’’.

24 (7) Section 392(h) of the Communications Act of

25 1934 (47 U.S.C. 392(h)) is amended by striking ‘‘tele-
24

S 1883 IS

1 communications’’ and inserting in lieu thereof ‘‘broadcast2 ing’’.

3 (8) Section 392 of the Communications Act of 1934

4 (47 U.S.C. 392) is amended by adding at the end the fol5 lowing new subsection:

6 ‘‘(j) Section 2301.16(a)(2) of title 15, Code of Fed7 eral Regulations, as in effect on March 1, 1994, and any

8 successor regulation thereto, shall not apply to any grant

9 awarded to any consortium of Indian post-secondary edu10 cational institutions under this section or section 121 of

11 the National Telecommunications and Information Ad12 ministration Organization Act.’’.

13 (e) CRITERIA FOR APPROVAL AND EXPENDITURES

14 BY SECRETARY.—(1) Section 393(a) of the Communica15 tions Act of 1934 (47 U.S.C. 393 (a)) is amended by strik16 ing ‘‘telecommunications’’ and inserting in lieu thereof

17 ‘‘broadcasting’’.

18 (2) Section 393(b) of the Communications Act of

19 1934 (47 U.S.C. 393(b)) is amended—

20 (A) in paragraph (1)—

21 (i) by striking ‘‘provision of new tele22 communications facilities’’ and inserting in lieu

23 thereof ‘‘establishment of new public broadcast24 ing facilities’’; and
25

S 1883 IS

1 (ii) by striking ‘‘telecommunications serv2 ices’’ and inserting in lieu thereof ‘‘broadcasting

3 services’’;

4 (B) by striking paragraph (2) and inserting in

5 lieu thereof the following:

6 ‘‘(2) the improvement of the capabilities of ex7 isting public broadcasting entities to provide public

8 broadcasting services, including services to under9 served audiences such as deaf and hearing impaired

10 individuals and blind and visually impaired individ11 uals;’’;

12 (C) in paragraph (3)—

13 (i) by striking ‘‘telecommunications’’ and

14 inserting in lieu thereof ‘‘broadcasting’’; and

15 (ii) by striking ‘‘and’’ at the end; and

16 (D) by striking paragraph (4) and inserting in

17 lieu thereof the following new paragraphs:

18 ‘‘(4) the expansion of the service areas or pro19 duction capabilities of existing public broadcasting

20 entities; and

21 ‘‘(5) the replacement of existing equipment.’’.

22 (f) LONG-RANGE PLANNING FOR FACILITIES.—Sec23 tion 393A of the Communications Act of 1934 (47 U.S.C.

24 393a) is amended by striking ‘‘telecommunications’’ each
26

S 1883 IS

1 place it appears and inserting in lieu thereof ‘‘broadcast2 ing’’.

3 SEC. 302. DEFINITIONS.

4 (a) CONSTRUCTION.—Section 397(1) of the Commu5 nications Act of 1934 (47 U.S.C. 397(1)) is amended—

6 (1) by striking ‘‘(as applied to public tele7 communications facilities)’’;

8 (2) by striking ‘‘telecommunications’’ and in9 serting in lieu thereof ‘‘broadcasting’’.

10 (b) NONPROFIT.—Section 397(8) of the Communica11 tions Act of 1934 (47 U.S.C. 397(8)) is amended to read

12 as follows:

13 ‘‘(8) The term ‘nonprofit’ (as applied to any

14 foundation, corporation, association, institution, or

15 other organization) means a foundation, corporation,

16 association, institution, or organization, no part of

17 whose net earnings inures, or may lawfully inure, to

18 the benefit of any private shareholder or individ19 ual.’’.

20 (c) PUBLIC BROADCASTING ENTITY.—Section

21 397(11) of the Communications Act of 1934 (47 U.S.C.

22 397(11)) is amended to read as follows:

23 ‘‘(11) The term ‘public broadcasting entity’

24 means the Corporation for Public Broadcasting, any

25 licensee or permittee of a public broadcast station,
27

S 1883 IS

1 or any nonprofit institution engaged primarily in the

2 production, acquisition, distribution, or dissemina3 tion of educational or cultural television or radio

4 programs and related noncommercial instructional

5 and informational material.’’.

6 (d) INFRASTRUCTURE INTERCONNECTION.—Section

7 397 of the Communications Act of 1934 (47 U.S.C. 397)

8 is amended by adding at the end the following new para9 graph:

10 ‘‘(18) The term ‘infrastructure interconnection’

11 means an association of transmission channels or

12 telecommunication circuits, switching units, or other

13 equipment to provide the means of a transfer of sig14 nals between two or more points in an interconnec15 tion system or a telecommunications network or net16 works.’’.

17 (e) PUBLIC BROADCASTING FACILITIES.—Section

18 397 of the Communications Act of 1934 (47 U.S.C. 397),

19 as amended by this section, is further amended by adding

20 at the end the following new paragraph:

21 ‘‘(19) The term ‘public broadcasting facilities’

22 means telecommunications and related equipment

23 necessary for the provision of public broadcasting

24 services, except that such term does not include the

25 buildings to house such apparatus (other than small
28

S 1883 IS

1 equipment shelters that are part of satellite earth

2 stations, translators, microwave interconnection fa3 cilities, and similar facilities).’’.

4 (f) PUBLIC BROADCASTING SERVICES.—Section 397

5 of the Communications Act of 1934 (47 U.S.C. 397), as

6 amended by this section, is further amended by adding

7 at the end the following new paragraph:

8 ‘‘(20) The term ‘public broadcasting services’

9 means the production, acquisition, distribution, or

10 dissemination of noncommercial, educational, or cul11 tural television or radio programs and related non12 commercial, instructional, and informational mate13 rial, disseminated by public broadcasting entities.’’.

14 (g) TELECOMMUNICATIONS AND INFORMATION IN15 FRASTRUCTURE.—Section 397 of the Communications Act

16 of 1934 (47 U.S.C. 397), as amended by this section, is

17 further amended by adding at the end the following new

18 paragraph.

19 ‘‘(21) The term ‘telecommunications and infor20 mation infrastructure’ means the hardware and op21 erating software necessary to produce, transmit, re22 ceive, store, or distribute analog or digital signals for

23 voice, data graphics, text, or video.’’.
29

S 1883 IS

1 TITLE IV—NATIONAL TELECOMMUNI2 CATIONS AND INFORMATION ADMINIS3 TRATION

4 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

5 (a) AUTHORIZATION.—Section 151 of the National

6 Telecommunications and Information Administration Or7 ganization Act is amended by striking ‘‘$17,600,000 for

8 fiscal year 1992 and $17,900,000 for fiscal year 1993’’

9 and inserting in lieu thereof ‘‘$21,927,000 for fiscal year

10 1994, $24,000,000 for fiscal year 1995, and $26,000,000

11 for fiscal year 1996’’.

12 (b) TECHNICAL AMENDMENT.—Section 105(c)(2) of

13 the National Telecommunications and Information Ad14 ministration Organization Act is amended by adding at

15 the end the following: ‘‘Notwithstanding any other provi16 sion of law, the Secretary is authorized to retain and use

17 all funds transferred, or previously transferred, from other

18 Government agencies for all costs incurred in tele19 communications research, engineering, and related activi20 ties by the Institute of Telecommunications Sciences of

21 the NTIA in furtherance of its assigned functions under

22 this section. Without further appropriations action, such

23 funds received from other Government agencies shall re24 main available until expended.’’.
30

S 1883 IS

1 TITLE V—NATIONAL ENDOWMENT FOR

2 CHILDREN’S EDUCATIONAL TELEVISION

3 SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

4 Subsection (h) of section 394 of the Communications

5 Act of 1934 (47 U.S.C. 394) is amended to read as fol6 lows:

7 ‘‘(h) There are authorized to be appropriated

8 $6,000,000 for each of the fiscal years 1995 and 1996,

9 to be used by the Secretary to carry out the provisions

10 of this section. Sums appropriated under this subsection

11 for any fiscal year shall remain available for contracts and

12 grants for projects for which applications approved under

13 this section have been submitted within one year after the

14 last day of such fiscal year.’’.

15 TITLE VI—PEACESAT PROGRAM

16 SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

17 The first sentence of section 2(d) of the Act entitled

18 ‘‘An Act to authorize appropriations for activities of the

19 National Telecommunications and Information Adminis20 tration for fiscal years 1990 and 1991’’, approved Novem21 ber 15, 1990 (Public Law 101–555; 104 Stat. 2758), is

22 amended by striking ‘‘$400,000 for fiscal year 1992 and

23 $1,500,000 for fiscal year 1993’’ and inserting in lieu

24 thereof ‘‘$1,500,000 for each of the fiscal years 1994 and

25 1995’’.
31

S 1883 IS

Æ

S 1883 IS——2

S 1883 IS——3