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No. 94-01555, in the United States District Court for the District of Columbia. Such term includes any stipulation that the parties will abide by the terms of such proposed consent decree until it is entered and any order entering such proposed consent decree.
(4) ANTITRUST LAWS.-The term "antitrust laws" has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes the Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13 et seq.), commonly known as the Robinson-Patman Act, and section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition.
SEC. 602. [47 U.S.C. 152 nt] PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIRECT-TO-HOME SERVICES.
(a) PREEMPTION.-A provider of direct-to-home satellite service shall be exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-tohome satellite service.
(b) DEFINITIONS.-For the purposes of this section
(1) DIRECT-TO-HOME SATELLITE SERVICE.-The term "directto-home satellite service" means only programming transmitted or broadcast by satellite directly to the subscribers' premises without the use of ground receiving or distribution equipment, except at the subscribers' premises or in the uplink process to the satellite.
(2) PROVIDER OF DIRECT-TO-HOME SATELLITE SERVICE.-For purposes of this section, a "provider of direct-to-home satellite service" means a person who transmits, broadcasts, sells, or distributes direct-to-home satellite service.
(3) LOCAL TAXING JURISDICTION.-The term "local taxing jurisdiction" means any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other local jurisdiction in the territorial jurisdiction of the United States with the authority to impose a tax or fee, but does not include a State.
(4) STATE.-The term "State" means any of the several States, the District of Columbia, or any territory or possession of the United States.
(5) TAX OR FEE.-The terms "tax" and "fee" mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction.
(c) PRESERVATION OF STATE AUTHORITY. This section shall not be construed to prevent taxation of a provider of direct-to-home satellite service by a State or to prevent a local taxing jurisdiction from receiving revenue derived from a tax or fee imposed and collected by a State.
SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STAND
(b) RADIO FREQUENCY EMISSIONS.-Within 180 days after the enactment of this Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules regarding the environmental effects of radio frequency emissions.
(c) [47 U.S.C. 332 nt] AVAILABILITY OF PROPERTY.-Within 180 days of the enactment of this Act, the President or his designee shall prescribe procedures by which Federal departments and agencies may make available on a fair, reasonable, and nondiscriminatory basis, property, rights-of-way, and easements under their control for the placement of new telecommunications services that are dependent, in whole or in part, upon the utilization of Federal spectrum rights for the transmission or reception of such services. These procedures may establish a presumption that requests for the use of property, rights-of-way, and easements by duly authorized providers should be granted absent unavoidable direct conflict with the department or agency's mission, or the current or planned use of the property, rights-of-way, and easements in question. Reasonable fees may be charged to providers of such telecommunications services for use of property, rights-of-way, and easements. The Commission shall provide technical support to States to encourage them to make property, rights-of-way, and easements under their jurisdiction available for such purposes.
SEC. 706. [47 U.S.C. 157 nt] ADVANCED TELECOMMUNICATIONS INCENTIVES.
(a) IN GENERAL.-The Commission and each State commission with regulatory jurisdiction over telecommunications services shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) by utilizing, in a manner consistent with the public interest, convenience, and necessity, price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure investment.
(b) INQUIRY.-The Commission shall, within 30 months after the date of enactment of this Act, and regularly thereafter, initiate a notice of inquiry concerning the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) and shall complete the inquiry within 180 days after its initiation. In the inquiry, the Commission shall determine whether advanced telecommunications capability is being deployed to all Americans in
a reasonable and timely fashion. If the Commission's determination is negative, it shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.
(c) DEFINITIONS.-For purposes of this subsection:
(1) ADVANCED TELECOMMUNICATIONS CAPABILITY.-The term "advanced telecommunications capability" is defined, without regard to any transmission media or technology, as high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.
(2) ELEMENTARY AND SECONDARY SCHOOLS.-The term "elementary and secondary schools" means elementary and secondary schools, as defined in section 9101 of the Elementary and Secondary Education Act of 1965.
SEC. 708. NATIONAL EDUCATION TECHNOLOGY FUNDING CORPORATION.
(a) FINDINGS; PURPOSE.
(1) FINDINGS.-The Congress finds as follows:
(A) CORPORATION.-There has been established in the District of Columbia a private, nonprofit corporation known as the National Education Technology Funding Corporation which is not an agency or independent establishment of the Federal Government.
(B) BOARD OF DIRECTORS.-The Corporation is governed by a Board of Directors, as prescribed in the Corporation's articles of incorporation, consisting of 15 members, of which
(i) five members are representative of public agencies representative of schools and public libraries;
(ii) five members are representative of State_government, including persons knowledgeable about State finance, technology and education; and
(iii) five members are representative of the private sector, with expertise in network technology, finance and management.
(C) CORPORATE PURPOSES.-The purposes of the Corporation, as set forth in its articles of incorporation, are—
(i) to leverage resources and stimulate private investment in education technology infrastructure;
(ii) to designate State education technology agencies to receive loans, grants or other forms of assistance from the Corporation;
(iii) to establish criteria for encouraging States
(I) create, maintain, utilize and upgrade interactive high capacity networks capable of providing audio, visual and data communications for elementary schools, secondary schools and public libraries;
(II) distribute resources to assure equitable aid to all elementary schools and secondary schools in the State and achieve universal access to network technology; and
(III) upgrade the delivery and development of learning through innovative technology-based instructional tools and applications;
(iv) to provide loans, grants and other forms of assistance to State education technology agencies, with due regard for providing a fair balance among types of school districts and public libraries assisted and the disparate needs of such districts and libraries;
(v) to leverage resources to provide maximum aid to elementary schools, secondary schools and public libraries; and
(vi) to encourage the development of education telecommunications and and information technologies through public-private ventures, by serving as a clearinghouse for information on new education technologies, and by providing technical assistance, including assistance to States, if needed, to establish State education technology agencies.
(2) PURPOSE.-The purpose of this section is to recognize the Corporation as a nonprofit corporation operating under the laws of the District of Columbia, and to provide authority for Federal departments and agencies to provide assistance to the Corporation.
(b) DEFINITIONS.-For the purpose of this section—
(1) the term "Corporation" means the National Education Technology Funding Corporation described in subsection (a)(1)(A);
(2) the terms "elementary school" and "secondary school" have the same meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965; and
(3) the term "public library" has the same meaning given such term in section 3 of the Library Services and Construction Act.
(c) ASSISTANCE FOR EDUCATION TECHNOLOGY PURPOSES.
(1) RECEIPT BY CORPORATION.-Notwithstanding any other provision of law, in order to carry out the corporate purposes described in subsection (a)(1)(C), the Corporation shall be eligible to receive discretionary grants, contracts, gifts, contributions, or technical assistance from any Federal department or agency, to the extent otherwise permitted by law.
(2) AGREEMENT.-In order to receive any assistance described in paragraph (1) the Corporation shall enter into an agreement with the Federal department or agency providing such assistance, under which the Corporation agrees
(A) to use such assistance to provide funding and technical assistance only for activities which the Board of Directors of the Corporation determines are consistent with the corporate purposes described in subsection (a)(1)(C);
(B) to review the activities of State education technology agencies and other entities receiving assistance from the Corporation to assure that the corporate purposes described in subsection (a)(1)(C) are carried out;
(C) that no part of the assets of the Corporation shall accrue to the benefit of any member of the Board of Directors of the Corporation, any officer or employee of the Corporation, or any other individual, except as salary or reasonable compensation for services;
(D) that the Board of Directors of the Corporation will adopt policies and procedures to prevent conflicts of interest;
(E) to maintain a Board of Directors of the Corporation consistent with subsection (a)(1)(B);
(F) that the Corporation, and any entity receiving the assistance from the Corporation, are subject to the appropriate oversight procedures of the Congress; and
(G) to comply with
(i) the audit requirements described in subsection (d); and
(ii) the reporting and testimony requirements described in subsection (e).
(3) CONSTRUCTION.-Nothing in this section shall be construed to establish the Corporation as an agency or independent establishment of the Federal Government, or to establish the members of the Board of Directors of the Corporation, or the officers and employees of the Corporation, as officers or employees of the Federal Government.
(1) AUDITS BY INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS.
(A) IN GENERAL.-The Corporation's financial statements shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of a State or other political subdivision of the United States. The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audits, and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.
(B) REPORTING REQUIREMENTS.-The report of each annual audit described in subparagraph (A) shall be included in the annual report required by subsection (e)(1). (2) RECORDKEEPING REQUIREMENTS; AUDIT AND EXAMINATION OF BOOKS.
(A) RECORDKEEPING REQUIREMENTS.-The Corporation shall ensure that each recipient of assistance from the Corporation keeps—