Sec. 539. Definitions
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/bill/117/hr/9439/ih/section-539A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subtitle: The term broadband service means internet access service that is delivered— with— except as provided in clause (ii)— a download speed of not less than 100 megabits per second; and an upload speed of not less than 20 megabits per second; or minimum download and upload speeds established by the Commission after the date of enactment of this Act, if those minimum speeds are higher than the minimum speeds required under clause (i); without any data caps or other service limitations; through— mobile service; fixed point-to-point multipoint service; fixed point-to-point service; broadcast service; or wireline service; and meet the latency requirement set by the Commission to enable real-time video and other streaming services.
The term Commission means the Federal Communications Commission. The term digital literacy means information and communications for the purpose of developing support for technological deployment and understanding of issues, including infrastructure deployment, fiber buildout, network connectivity, spectrum market opportunities, associated programs and funding opportunities of the Commission, and other related resources, to expedite the immediate deployment of, and full access to, telecommunications, broadband, spectrum, and wireless services available for effective and efficient use on Tribal lands.
The term entity that is more than 50 percent owned and controlled by 1 or more Indian tribes means an entity of which 1 or more Indian tribes have both de facto and de jure control. For purposes of subparagraph (A), de jure control of an entity shall be evidenced by ownership of greater than 50 percent of the voting stock of a corporation, or in the case of a partnership, general partnership interests. For purposes of subparagraph (A), de facto control of an entity shall be determined on a case-by-case basis.
For purposes of clause (i), an Indian tribe or Indian tribes shall demonstrate indicia of control to establish that the Indian tribe or Indian tribes retain de facto control of the entity, including the following: The Indian tribe or Indian tribes constitute or appoint more than 50 percent of the board of directors or management committee of the entity. The Indian tribe or Indian tribes have authority to appoint, promote, demote, and fire senior executives who control the day-to-day activities of the entity.
The Indian tribe or Indian tribes play an integral role in the management decisions of the entity. The Indian tribe or Indian tribes have the authority to make decisions or otherwise engage in practices or activities that determine or significantly influence— the nature or types of services offered by the entity; the terms upon which such services are offered; or the prices charged for such services. The term qualifying Tribal entity means an entity designated by the Indian tribe with jurisdiction over particular Tribal lands for which the spectrum access is sought.
The following entities may be designated as a qualifying Tribal entity: An Indian tribe. A Tribal consortia that consists of— not less than 2 Indian tribes; or not less than 1 Indian tribe and 1 entity that is more than 50 percent owned and controlled by 1 or more Indian tribes. A federally chartered Tribal corporation established under— section 17 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) (48 Stat. 988, chapter 576; 25 U.S.C. 5124 ); or section 4 of the Act of June 26, 1936 (commonly known as the Oklahoma Welfare Act ) (49 Stat. 1967, chapter 831; 25 U.S.C. 5204 ).
An entity that is more than 50 percent owned and controlled by 1 or more Indian tribes. The term spectrum over Tribal lands means all spectrum on Tribal lands, including wireless, radio, television, broadcast, commercial and noncommercial uses, and current generation or better wireless broadband services. The term Tribal Broadband Fund means the permanent Federal universal service support mechanism established by the Commission under section 531.
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- 49 Stat. 1967
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