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(5) SPECIFIC AND PREDICTABLE SUPPORT MECHANISMS.There should be specific, predictable and sufficient Federal and State mechanisms to preserve and advance universal service.
(6) ACCESS TO ADVANCED TELECOMMUNICATIONS SERVICES FOR SCHOOLS, HEALTH CARE, AND LIBRARIES.—Elementary and secondary schools and classrooms, health care providers, and libraries should have access to advanced telecommunications services as described in subsection (h).
(7) ADDITIONAL PRINCIPLES.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 Act. (c) DEFINITION.
(1) IN GENERAL.–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) ALTERATIONS AND MODIFICATIONS.—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) SPECIAL SERVICES.—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) TELECOMMUNICATIONS CARRIER CONTRIBUTION.—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. 1
(e) UNIVERSAL SERVICE SUPPORT. After the date on which Commission regulations implementing this section take effect, only an eligible telecommunications carrier designated under section 214(e) 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) STATE AUTHORITY.-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) INTEREXCHANGE AND INTERSTATE SERVICES.—Within 6 months after the date of enactment of the Telecommunications Act of 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) TELECOMMUNICATIONS SERVICES FOR CERTAIN PROVIDERS.
1 Section 3006 of the Balanced Budget Act of 1997 (P.L. 105–33; 111 Stat. 269), which was repealed by section 622 of the Departments of Commerce, Justice, and State, the Judiciary, and Relate Agencies Appropriations Act; 1998 (P.L. 105–119; 111 Stat. 2521) contained the following provisions with respect to funds available to carry out section 254 of the Communications Act of 1934: SEC. 3006. UNIVERSAL SERVICE FUND PAYMENT SCHEDULE.
(a) APPROPRIATIONS TO THE UNIVERSAL SERVICE FUND.
(1) APPROPRIATION.—There is hereby appropriated to the Commission $3,000,000,000 in fiscal year 2001, which shall be disbursed on October 1, 2000, to the Administrator of the Federal universal service support programs established pursuant to section 254 of the Communications Act of 1934 (47 U.S.C. 254), and which may be expended by the Administrator in support of such programs as provided pursuant to the rules implementing that section.
(2) RETURN TO TREASURY.- :- The Administrator shall transfer $3,000,000,000 from the funds collected for such support programs to the General Fund of the Treasury on October 1, 2001.
(b) FEE ADJUSTMENTS.—The Commission shall direct the Administrator to adjust payments by telecommunications carriers and other providers of interstate telecommunications so that the $3,000,000,000 of the total payments by such carriers or providers to the Administrator for fiscal year 2001 shall be deferred until October 1, 2001.
(c) PRESERVATION OF AUTHORITY.—Nothing in this section shall affect the Administrator's authority to determine the amounts that should be expended for universal service support programs pursuant to section 254 of the Communications Act of 1934 and the rules implementing that section.
(d) DEFINITION.–For purposes of this section, the term “Administrator" means the Administrator designated by the Federal Communications Commission to administer Federal universal service support programs pursuant to section 254 of the Communications Act of 1934.
(1) IN GENERAL.
(A) HEALTH CARE PROVIDERS FOR RURAL AREAS.—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) EDUCATIONAL PROVIDERS AND LIBRARIES.-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 uni
versal service. (2) ADVANCED SERVICES.—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) TERMS AND CONDITIONS.—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) ELIGIBILITY OF USERS.—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 forprofit 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.
(5)1 REQUIREMENTS FOR CERTAIN SCHOOLS WITH COMPUTERS HAVING INTERNET ACCESS.
(A) INTERNET SAFETY.
(i) IN GENERAL.—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
1 Section 1721 of the Children's Internet Protection Act (P.L. 106–554; Appendix D; 114 Stat. 2763A-343) added paragraphs (5) and (6) and amended paragraph (7) of section 254(h) of the Communications Act of 1934. The Children's Internet Protection Act also contained the following related provisions:
TITLE XVII-CHILDREN'S INTERNET PROTECTION
SEC. 1701. [20 U.S.C. 6301 note] SHORT TITLE.
This title may be cited as the “Children's Internet Protection Act”.
SEC. 1702. DISCLAIMERS.
(a) DISCLAIMER REGARDING CONTENT.-Nothing in this title or the amendments made by this title shall be construed to prohibit a local educational agency, elementary or secondary school, or library from blocking access on the Internet on computers owned or operated by that agency, school, or library to any content other than content covered by this title or the amendments made by this title.
(b) DISCLAIMER REGARDING PRIVACY.—Nothing in this title or the amendments made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult
SEC. 1703. (47 U.S.C. 902 note] STUDY OF TECHNOLOGY PROTECTION MEASURES.
(a) IN GENERAL.-Not later than 18 months after the date of the enactment of this Act, the National Telecommunications and Information Administration shall initiate a notice and comment proceeding for purposes of
(1) evaluating whether or not currently available technology protection measures, including commercial Internet blocking and filtering software, adequately addresses the needs of educational institutions;
(2) making recommendations on how to foster the development of measures that meet such needs; and
(3) evaluating the development and effectiveness of local Internet safety policies that are currently in operation after community input. (b) DEFINITIONS.—In this section:
(1) TECHNOLOGY PROTECTION MEASURE.—The term “technology protection measure” means a specific technology that blocks or filters Internet access to visual depictions that are
(A) obscene, as that term is defined in section 1460 of title 18, United States Code;
(B) child pornography, as that term is defined in section 2256 of title 18, United States Code; or
(C) harmful to minors. (2) HARMFUL TO MINORS.--The term "harmful to minors” means any picture, image, graphic image file, or other visual depiction that,
(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
(B) 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
(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. (3) SEXUAL ACT; SEXUAL CONTACT.—The terms “sexual act” and “sexual contact” have the meanings given such terms in section 2246 of title 18, United States Code.
(I) submits to the Commission the certifications described in subparagraphs (B) and (C);
Subtitle A-Federal Funding for Educational Institution Computers SEC. 1711. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR SCHOOLS.
(Amended Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) by adding at the end a new part F)
Subtitle B—Universal Service Discounts SEC. 1721. REQUIREMENT FOR SCHOOLS AND LIBRARIES TO ENFORCE INTER
NET SAFETY POLICIES WITH TECHNOLOGY PROTECTION MEASURES FOR COMPUTERS WITH INTERNET ACCESS AS CONDITION OF UNIVERSAL SERV. ICE DISCOUNTS.
(e) [47 U.S.C. 254 note] SEPARABILITY.—If any provision of paragraph (5) or (6) of section 254(h) of the Communications Act of 1934, as amended by this section, or the application thereof to any person or circumstance is held invalid, the remainder of such paragraph and the application of such paragraph to other persons or circumstances shall not be affected thereby. (f) (47 U.S.C. 254 note) REGULATIONS.
(1) REQUIREMENT.-The Federal Communications Commission shall prescribe regulations for purposes of administering the provisions of paragraphs (5) and (6) of section 254(h) of the Communications Act of 1934, as amended by this section.
(2) DEADLINE.—Notwithstanding any other provision of law, the Commission shall prescribe regulations under paragraph (1) so as to ensure that such regulations take effect 120
days after the date of the enactment of this Act. (g) AVAILABILITY OF CERTAIN FUNDS FOR ACQUISITION OF TECHNOLOGY PROTECTION MEAS
(1) IN GENERAL.-Notwithstanding any other provision of law, funds available under section 3134 or part A of title VI of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title. No other sources of funds for the purchase or acquisition of such measures are authorized by this title, or the amendments made by this title.
(2) TECHNOLOGY PROTECTION MEASURE DEFINED.—In this section, the term “technology protection measure” has the meaning given that term in section 1703. (h) (47 U.S.C. 254 note] EFFECTIVE DATE.—The amendments made by this sectionshall take effect 120 days after the date of the enactment of this Act.
Subtitle C–Neighborhood Children's Internet Protection SEC. 1731. [47 U.S.C. 609 note] SHORT TITLE.
This subtitle may be cited as the "Neighborhood Children's Internet Protection Act”. SEC. 1732. INTERNET SAFETY POLICY REQUIRED.
(Amended Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end a new subsection (1), printed elsewhere in this compilation) SEC. 1733. [47 U.S.C. 254 note) IMPLEMENTING REGULATIONS.
Not later than 120 days after the date of enactment of this Act, the Federal Communications Commission shall prescribe regulations for purposes of section 254(1) of the Communications Act of 1934, as added by section 1732 of this Act.
Subtitle D—Expedited Review SEC. 1741. EXPEDITED REVIEW.
(a) THREE-JUDGE DISTRICT COURT HEARING.—Notwithstanding any other provision of law, any civil action challenging the constitutionality, on its face, of this title 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.