Sec. 31161. E–Rate support for Wi-Fi hotspots, other equipment, and connected devices
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Not later than 180 days after the date of the enactment of this Act, the Commission shall promulgate regulations providing for the provision, from amounts made available from the Connectivity Fund established under subsection (h)(1), of support under section 254(h)(1)(B) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(1)(B) ) to an elementary school, secondary school, or library (including a Tribal elementary school, Tribal secondary school, or Tribal library) eligible for support under such section, for the purchase of equipment described in subsection (c), advanced telecommunications and information services, or equipment described in such subsection and advanced telecommunications and information services, for use by— in the case of a school, students and staff of such school at locations that include locations other than such school; and in the case of a library, patrons of such library at locations that include locations other than such library.
The Commission shall reserve not less than 5 percent of the amounts available to the Commission under subsection (h)(3) to provide support under the regulations required by subsection
(a)to schools and libraries that serve persons who are located on Tribal lands. For purposes of determining the eligibility of a Tribal library for support under the regulations required by subsection (a), the portion of paragraph
(4)of section 254(h) of the Communications Act of 1934 ( 47 U.S.C. 254(h) ) relating to eligibility for assistance from a State library administrative agency under the Library Services and Technology Act shall not apply. The equipment described in this subsection is the following: Wi-Fi hotspots. Modems. Routers. Devices that combine a modem and router. Connected devices. The Commission shall provide in the regulations required by subsection
(a)for a mechanism to require a school or library to prioritize the provision of equipment described in subsection (c), advanced telecommunications and information services, or equipment described in such subsection and advanced telecommunications and information services, for which support is received under such regulations, to students and staff or patrons (as the case may be) that the school or library believes do not have access to equipment described in subsection (c), do not have access to advanced telecommunications and information services, or have access to neither equipment described in subsection
(c)nor advanced telecommunications and information services, at the residences of such students and staff or patrons. The Commission shall provide in the regulations required by subsection
(a)that, in the case of a school or library that purchases equipment described in subsection
(c)using support received under such regulations, such school or library— may use such equipment for such purposes as such school or library considers appropriate, subject to any restrictions provided in such regulations (or any successor regulation); and may not sell or otherwise transfer such equipment in exchange for any thing (including a service) of value, except that such school or library may exchange such equipment for upgraded equipment of the same type. Nothing in this section shall be construed to affect any authority the Commission may have under section 254(h)(1)(B) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(1)(B) ) to allow support under such section to be used for the purposes described in subsection
(a)other than as required by such subsection. Nothing in this section shall be construed to prevent the Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations (or any successor regulation), shall apply in whole or in part to support provided under the regulations required by subsection (a), shall not apply in whole or in part to such support, or shall be modified in whole or in part for purposes of application to such support. There is established in the Treasury of the United States a fund to be known as the Connectivity Fund. There are appropriated to the Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $5,000,000,000 for fiscal year 2021, to remain available until expended. Amounts in the Connectivity Fund shall be available to the Commission to provide support under the regulations required by subsection (a). Support provided under the regulations required by subsection
(a)shall be provided from amounts made available under paragraph
(3)and not from contributions under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d) ). In this section: The term advanced telecommunications and information services means advanced telecommunications and information services, as such term is used in section 254(h) of the Communications Act of 1934 ( 47 U.S.C. 254(h) ). The term connected device means a laptop computer, tablet computer, or similar device that is capable of connecting to advanced telecommunications and information services. The term library includes a library consortium. The term Tribal land means— any land located within the boundaries of— an Indian reservation, pueblo, or rancheria; or a former reservation within Oklahoma; any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— in trust by the United States for the benefit of an Indian Tribe or an individual Indian; by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or by a dependent Indian community; any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(a) ); Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 ); or those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians. The term Wi-Fi means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11 (or any successor standard). The term Wi-Fi hotspot means a device that is capable of— receiving mobile advanced telecommunications and information services; and sharing such services with another device through the use of Wi-Fi.
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Sec. 31161
E–Rate support for Wi-Fi hotspots, other equipment, and connected devices
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