Federal Register / Vol.
60, No. 246 / Friday, December 22, 1995 / Rules and Regulations / 66491
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
15 CFR Part 2301
[Docket No. 950613151-5304-02]
Facilities Program (PTFP), National Endowment for Children's Educational
Television (NECET), Telecommunications and Information Infrastructure
Assistance Program (TIIAP)
AGENCY: National Telecommunications
and Information Administration (NTIA), Commerce.
ACTION: Final Policy
Statement and Conforming Rule Amendments.
SUMMARY: The National
Telecommunications and Information Administration (NTIA), U.S. Department
of Commerce, is publishing a Final Policy Statement modifying the interpretation
of its policy on the use of NTIA-funded equipment and materials in connection
with sectarian activities and making conforming rule amendments.
Effective Date: December
FOR FURTHER INFORMATION
CONTACT: Jana Gagner, (202) 482- 1816.
On June 20, 1995, the National
Telecommunications and Information Administration, U.S.
Department of Commerce (NTIA), published a notice in the Federal Register
proposing to modify NTIA's interpretation of its policy regarding the
use of Federal grant funds awarded by NTIA in connection with sectarian
activities.<1> Eight parties filed comments in response to the Notice.<2>
Based on these comments and current jurisprudence, NTIA is hereby modifying
its prior interpretation of its rules, which prohibited the use of NTIA-funded
equipment, facilities, and materials in connection with any sectarian
activities, no matter how incidental.
Under its new interpretation,
NTIA will retain its present requirement that grant funds not be used
for purposes the "essential thrust of which are sectarian,<3>
but will modify its interpretation of this requirement as follows. No
more than an attenuated or incidental benefit may inure to a sectarian
interest if a grantee uses NTIA- funded facilities in connection with
a sectarian activity. In addition, the use must fall within the broad
scope of a grant program's statutory purposes. A grantee cannot, however,
use NTIA grant funds primarily to support sectarian interests.
For the reasons discussed below,
NTIA believes that this approach is consistent with current jurisprudence.<4>
We also discuss below in greater detail the issues raised in the June
Notice regarding NTIA's policy on sectarian activities,<5> NTIA's
interpretation of its prior policy, comments received by NTIA in response
to the Notice, and the application of NTIA's new policy to each of its
grant programs. Our discussion is informed by relevant First Amendment
jurisprudence, including the recent Supreme Court holding in Rosenberger
v. Rector and Visitors of the University of Virginia, 115 S.Ct. 2510 (1995).
NTIA's Prior Policy. In 1979,
Public Telecommunications Facilities Program (PTFP) of the NTIA adopted
a rule prohibiting funding for any equipment, facilities, and other materials
that would be used for any purposes the essential thrust of which is sectarian.<6>
NTIA's interpretation of this rule has prohibited use of NTIA-funded facilities
and materials in connection with any sectarian activity.<7> In implementing
this "bright-line" policy interpretation, NTIA relied upon Lemon
NTIA's policy interpretation
did, however, permit the "presentation in an educational or cultural
context of music or art with a religious theme [or] of programs about
religion. It [also did] not preclude distribution of instructional programming
of a secular nature to church- related educational institutions.<9>
In addition, sectarian- affiliated organizations could generally apply
for grant funds,<10> subject, of course, to the prohibition on the
use of NTIA-funded equipment, facilities, and materials for purposes the
essential thrust of which is sectarian. NTIA's two newer grant programs,
the National Endowment for Children's Educational Television (NECET)and
the Telecommunications and Information Infrastructure Assistance Program (TIIAP),
also adopted the same policy and interpretation.<11>
In enforcing this policy over
the years, NTIA required grant applicants to certify that they would comply
with its policy by signing an assurance to that effect.<12> By relying
upon this assurance, NTIA avoided evaluating programming schedules for
sectarian content as a routine practice. Such evaluation occurred only
if information contained in the application itself suggested that the
applicant would violate NTIA's policy, a complaint was filed with NTIA,
or NTIA otherwise became aware of information that suggested that its
policy was being or would be violated. By not routinely evaluating program
content and information transmitted using NTIA-funded equipment and materials,
NTIA avoided excessive Government entanglement with religion, as proscribed
by the Supreme Court in Lemon v. Kurtzman.<13>
The Challenge by Fordham University.
In 1993, Fordham University sued the Department of Commerce, alleging
that NTIA's policy on sectarian broadcasting violated its right to free
exercise of religion and its freedom of speech rights under the First
Amendment of the Constitution. In Fordham University v. Brown, the court
upheld NTIA's bright- line approach with respect to the PTFP as consistent
with the First Amendment.<14> In dicta, however, the court
noted that it did not consider whether there were other acceptable interpretations
of the Establishment Clause.<15>
Since the Fordham decision,
NTIA has become aware that some public broadcast stations include in their
schedules programs that might constitute impermissible sectarian programming,
which could make them ineligible for PTFP grants. This was highlighted,
in fact, following the Fordham decision, when NTIA received several requests
to modify its policy.
Issuance of the Notice. As
a result, NTIA sought comment on whether it should modify its policy regarding
sectarian programming and information. Specifically the Notice sought
comment on: (1) whether the current prohibition on using NTIA grant funds
in connection with any sectarian activities should be continued, or whether
there are alternative approaches that would also be consistent with the
First Amendment; (2) the underlying policy rationale for a given approach;
(3) how such policy would, as practical and constitutional matters, be
implemented and enforced; (4) whether the same policy could and should
be applied to all three NTIA grant programs (PTFP, TIIAP, and NECET) and,
if not, what policy should pertain to each grant program; and (5) whether
the current definition of "sectarian" would continue to be supportable
if NTIA's current policy were modified.
The Rosenberger Decision. Subsequent
to the issuance of NTIA's Notice, the Supreme Court decided Rosenberger
v. Rector and Visitors of the University of Virginia,<16> which
further supports NTIA's announced policy interpretation change. The Supreme
Court held in Rosenberger that a state university had erred in relying
on the First Amendment's Establishment Clause to deny grant funding to
a student group publisher of a Christian magazine, when that student group
otherwise satisfied neutral funding criteria applied by the university
in making financial grants to other student organizations. As discussed
in more detail below, this decision serves as a basis, in part, for the
new policy approach adopted by NTIA.
Comments Filed in Response
to the Notice. All but one of the eight commenters supported a change
in NTIA's policy interpretation. The one commenter favoring retention
of NTIA's long-term policy objected to a religious organization receiving
any benefit, however incidental, from NTIA's grant programs.<17>
A majority of the supporting commenters, however, relied upon the recent
Supreme Court case, Rosenberger, in arguing that a policy change was warranted.
Most agreed that Rosenberger requires that the Federal government behave
in a neutral manner toward religion. Two commenters recommended that NTIA
adopt a specified or maximum percentage for the amount of permissible
sectarian programming.<18> Other commenters recommended allowing
a "reasonable minimal amount of sectarian programming.<19>
Two other commenters expressed some concern that the proposed change in
policy could result in excessive government entanglement with religion.<20>
As noted above, we solicited
comments on whether the definition of "sectarian" needed to
be altered in light of a possible policy change. Most commenters agreed
that no change in the definition of "sectarian" was required
to allow NTIA to modify its policy interpretation. One commenter contended,
however, that the definition of "public telecommunications services"
had to be redefined because it provides that public telecommunications
services "[do] not include essentially sectarian programming.<21>
This commenter also maintained that NTIA's prior policy should be changed
because it burdened individuals' free exercise of religion in violation
of the Religious Freedom Restoration Act.<22>
III. APPLICATION OF THE
MODIFIED POLICY TO NTIA'S GRANT PROGRAMS
As indicated, NTIA's new policy
will retain the requirement that grant funds not be used for purposes
the essential thrust of which is sectarian. The interpretation of that
requirement will be modified, however, such that as long as the grant
funds are used to fulfill the statutory purposes of the grant programs,
attenuated or incidental benefits to sectarian interests will be permissible.
A. Constitutional Basis
for Modified Policy
We believe the alternative
approach we are now adopting passes constitutional muster under First
Amendment case law. Having analyzed our new approach in light of Lemon
v. Kurtzman,<23> we conclude that our new policy is consistent with
Lemon and other Supreme Court jurisprudence. Lemon established a three-prong
test to determine whether government action would have the "primary
effect" of establishing religion in violation of the Establishment
Clause. Under Lemon, the constitutionality of a statute, regulation, or
funding policy depends on whether: (1) it has a secular legislative purpose;
(2) its principal or primary effect is one that neither advances nor inhibits
religion; and (3) it avoids "an excessive government entanglement
with religion.<24> If any one of these three questions is answered
in the negative, government action is deemed unconstitutional.
Each of NTIA's grant programs
has a secular purpose, which remains unchanged under the new policy, and
thus NTIA's change in policy interpretation passes the first prong of
the Lemon test. PTFP promotes public broadcasting, NECET supports development
of children's programming, and TIIAP promotes new telecommunications technologies.
Each grant award will be reviewed to ensure it meets the appropriate statutory
NTIA's new policy interpretation
also satisfies the second prong of the Lemon test as NTIA grant funds
still may not be used primarily to advance or inhibit religion. As recently
underscored by the Rosenberger court, programs that neutrally extend benefits
to recipients pass Establishment Clause muster, if religious interests
are only incidentally served:
guarantee of neutrality [toward religion] is respected, not offended,
when the government, following neutral criteria and evenhanded policies,
extends benefits to recipients whose ideologies and viewpoints, including
religious ones, are broad and diverse. . . . More than once have we rejected
the position that the Establishment Clause even justifies, much less requires,
a refusal to extend free speech rights to religious speakers who participate
in broad-reaching government programs neutral in design." 115 S.Ct.
at 2521- 22 (emphasis added).
NTIA's new policy interpretation
will ensure both that the program funds are neutrally provided and that
any benefit to religion will be attenuated or incidental. NTIA will behave
neutrally toward all grant applicants. All grant applicants (including
sectarian organizations) will be eligible for funding (assuming they meet
NTIA's other eligibility requirements), provided they comply with the
policy that NTIA grant funds will not be used for purposes the essential
thrust of which is sectarian.<25> If, as we discuss further below,
questions arise regarding compliance, however, NTIA will determine whether
the recipients' use of grant funds has the primary, and thus impermissible,
effect of advancing or inhibiting religion. Where some benefit appears
to inure to a sectarian interest, further analysis of the potential benefit
will be undertaken to determine whether it is merely incidential or attenuated
and thus permissible.
With regard to the third prong
of the Lemon test -- avoiding excessive entanglement of goverment with
religion - - NTIA's administrative procedures will remain esssentially
the same as before. NTIA will avoid analyzing individual programs unless
a compliance problem comes to NTIA's attention. Thus, under the new policy,
excessive government entanglement with religion will continue to be avoided
as under our prior policy.
B. Application of New Interpretation
to Particular NTIA Programs
Specific application of this
new interpretation to each of the three NTIA grant programs is discussed
1. The Public Telecommunications
Facilities Program (PTFP).
Under the PTFP rules, a sectarian
organization is eligible to apply as long as it meets the general PTFP
eligibility requirements.<26> The purpose of PTFP is to make public
telecommunications services available to U.S. citizens. PTFP funds the
construction and planning of public telecommunications services,<27>
subject to the eligibility requirements for applicants.<28>
To determine whether a grant
would have the primary effect of establishing religion, NTIA will apply
the Lemon test. To determine eligibility and the overall purpose of the
planning and construction of public telecommunications facilities, NTIA
will examine the applicant's proposal and its organizational purposes,
as required by the statutory criteria. This approach ensures that grant
awards will neither advance nor inhibit religion.
To avoid Government entanglement
in religion and programming decisions, NTIA will continue its policy of
reviewing the project narrative and supporting documents, while also relying
on the applicants' assurances that they comply with NTIA's policy on sectarian
activities. General monitoring of grantees' activities will continue under
the normal administrative process pertaining to Federal assistance programs.
Accordingly, as under our prior
policy, submission of broadcast schedules and program listings will not
generally be required. We will not review the content of all programs
or activities for sectarian content unless NTIA receives a complaint or
otherwise becomes aware that an applicant or grantee may be using NTIA-funded
equipment or materials in connection with a project the essential thrust
of which is sectarian. For example, under the prior approach, a single
sectarian program in a broadcast schedule would have rendered the project
ineligible for funding. Under our new approach, a single program with
sectarian aspects will not necessarily render the project ineligible.<29>
In such instances, NTIA will examine the overall purpose of the project
to determine if it is consistent with the PTFP's statutory purposes. Further
inquiry may be made as necessary to ensure that any benefit to a sectarian
interest is merely attenuated or incidental as permitted under current
To implement this new approach,
we do not need to revise the language in the PTFP regulation, assurance
or definition of "sectarian" as it pertains to our policy on
sectarian activities.<30> We shall, however, revise the definition
of "public telecommunications services" to delete the last sentence
which provides, "It does not include essentially sectarian programming.<31>
2. National Endowment for
Children's Educational Television (NECET)
Pursuant to NECET's enabling
legislation,<32> in order to be eligible to apply for a grant, an
applicant must be one of the following: an individual, corporation (for-profit
or not-for-profit), partnership, association, joint stock company, trust,
or state or local governmental entity.<33> A sectarian organization
is eligible to apply, as long as it meets these eligibility requirements.
NECET funds are available "to enhance the education of children through
the creation and production of television programming specifically directed
toward the development of fundamental intellectual skills.<34> Presently,
in making a NECET grant, NTIA must, as a part of its evaluation and review
process, review program proposals and content to determine whether it
would meet these requirements.
Accordingly, review under our
new policy interpretation will be essentially the same as before. The
policy will be applied to each individual program for which a grant is
sought, and the grantee must comply with the policy that NTIA grant funds
will not be used for purposes the essential thrust of which is sectarian.<35>
If the essential purpose of a program is to advance or inhibit religion,
its funding would not be permissible. We do not believe the likelihood
of entanglement is any greater than it was under our prior policy.
Under our prior policy interpretation,
if, for example, part of a program encompassed a Catholic mass, the entire
project would have been considered ineligible for funding. In contrast,
under the new approach, we will make a determination on eligibility based
on the test that any benefit to a sectarian interest resulting from the
receipt of NTIA funds must be attenuated or incidental.
3. Telecommunications and
Information Infrastructure Assistance Program (TIIAP)
To be eligible for a TIIAP
grant, an applicant must be one of the following: a state or local government,
an accredited college or university, or a non-profit entity. Individuals
and for-profit organizations are not eligible to apply. A sectarian organization
is eligible to apply, as long as the organization meets these requirements.
TIIAP funds are provided for the "planning and construction of telecommunications
networks for the provision of educational, cultural, health care, public
information, public safety or other social services."<36>
In contrast to PTFP, however,
where the broadcaster maintains editorial control, a TIIAP grantee may
sometimes, but not always, exercise editorial control over the content
of its communications network. For example, a network may involve a bulletin
board where the operator does not have control of messages sent among
individuals. In some cases, therefore, it could be difficult for a TIIAP
applicant to certify that facilities will not be used for essentially
sectarian purposes. Accordingly, TIIAP awards will be subject to the policy
which requires that the NTIA-funded facilities will not be used for essentially
sectarian purposes to the extent that the applicant controls the content
of network communications.<37>
To avoid excessive entanglement
in religion, we will not review the content of information transmitted
over TIIAP-funded networks unless NTIA receives a complaint or otherwise
becomes aware that an applicant or grantee is using NTIA funded equipment
or materials in connection with sectarian activities. In such instances,
rather than examining only the questioned activity, NTIA will examine
the overall purpose of the project to determine whether NTIA funding provides
an attenuated or incidental benefit to the sectarian interest and thus
whether it is permissible.
For example, TIIAP might provide
funding to a local organization to establish a public computer bulletin
board. As part of this bulletin board, a church-affiliated youth group
might post information regarding meetings and meeting times, which includes
a meeting time for a worship service. Under NTIA's prior policy, this
project might have been ineligible for funding because the information
regarding the sectarian meetings and meeting times would have appeared
on the network. Applying NTIA's new policy interpretation, we would examine
the overall purpose of the project to determine whether it fell within
the TIIAP's statutorily authorized purposes and whether any benefit to
religion was merely incidental or attenuated. If the answer to both questions
was yes, such a grant would be permissible under the new policy interpretation.
NTIA's modified policy interpretation
appropriately harmonizes the First Amendment's Free Exercise and Establishment
Clauses, consistent with current jurisprudence. The new interpretation
of our policy concerning use of NTIA grant funds in connection with sectarian
activities will provide grant applicants greater flexibility, while continuing
to avoid unwarranted government entanglement with religion.
- It has been determined
that this rule is not significant for purposes of Executive Order 12866.
- Because this rule relates
to public property, loans, grants, benefits, or contracts, it is exempt
from the notice and comment and delayed effective date requirements
of the Administrative Procedure Act (APA).
- Because a notice of proposed
rulemaking is not required by the APA or any other law, a Regulatory
Flexibility Analysis is not required and was not prepared.
- This rule contains information
collection requirements subject to the provisions of the Paperwork Reduction
Act. This collection has clearance from the Office of Management and
Budget under OMB Approval No. 0660-0003.
- This policy does not contain
policies with federalism implications sufficient to warrant preparation
of a federalism assessment under E.O. 12612.
List of Subjects in 15 CFR
Administrative procedure, Grant
programs--communications, Reporting and recordkeeping requirements, Telecommunications.
[Catalog of Federal Domestic
Assistance No. 11.550]
Dated: December 15, 1995.
Assistant Secretary of Communications
For the reasons set out in
the preamble, 15 C.F.R. Part 2301 is amended as follows:
Part 2301 -- Public Telecommunications
1. The authority for Part 2301
continues to read as follows:
Authority: Public Telecommunications
Financing Act of 1978, Pub. L. 95-567, 92 Stat. 2405, codified at 47 U.S.C.
390-394, 397-399b; and the Public Broadcasting Amendments Act of 1981,
Pub. L. 97-35, 95 Stat. 725, and the Consolidated Omnibus Budget Reconciliation
Act of 1985, Pub. L. 99-272, section 5001, 100 Stat. 117. The Public Telecommunications
Act of 1988, Pub. L. 100-626, 102 Stat. 3207.
2. Section 2301.1 Definitions.
services means noncommercial educational and cultural radio and television
programs, and related noncommercial instructional or informational material
that may be transmitted by means of electronic communications.
3. Section 2301.4(a) is revised
to read as follows:
§2301.4 Eligible organizations
and scope of projects.
(a) Eligible applicants (Construction
and Planning Grants). In order to apply for and receive a PTFP Construction
or Planning Grant, an applicant must be:
(1) A public or noncommercial
educational broadcast station;
(2) A noncommercial telecommunications
(3) A system of public telecommunications
(4) A nonprofit foundation,
corporation, institution, or association organized primarily for educational
or cultural purposes; or,
(5) A state or local government
(or agency thereof), or a political or special purpose subdivision of
4. Section 2301.4 is further
amended by deleting paragraph (b), redesignating paragraph (c) as (b),
and revising the newly designated paragraph (b) to read as follows:
(b) Scope of Projects. An applicant
that is eligible under paragraph (a) of this section may file an application
with the agency for a planning or construction grant to achieve the following:
(1) The provision of new public
telecommunications facilities to extend service to areas currently not
receiving public telecommunications services;
(2) The expansion of the service
areas of existing public telecommunications entities;
(3) The establishment of new
public telecommunications entities serving areas currently receiving public
telecommunications services; or
(4) The improvement of the
capabilities of existing licensed public broadcast stations to provide
public telecommunications services.
5. Paragraphs (d) through (f)
of Section 2301.4 are redesignated Paragraphs (c) through (e) respectively.
[FR Doc. 95-31089 Filed 12-21-95;
Billing Code 3510-60-P
<1>1 60 FR 32,142 (1995).
<2>2 The following eight
parties filed comments in response to the Notice: Representative Richard
Burr, the Corporation for Public Broadcasting, Fordham University, National
Public Radio, North Carolina Public Radio Association, Lisa Owens, Southern
Public Radio, and Wake Forest University.
<3>"3 15 C.F.R.
2301.22(d). "Sectarian" is defined at 15 C.F.R. 2301.1 as "that
which has the purpose or function of
advancing or propagating a
religious belief." The PTFP regulation at 15 C.F.R. § 2301.22(d)
provides, "During the period in which the grantee possesses or uses
the Federally funded facilities (whether or not this period extends beyond
the Federal interest period), the grantee may not use or allow the use
of the Federally funded equipment for purposes the essential thrust of
which are sectarian." NTIA considers these phrases to mean the same
<4>4 See Rosenberger
v. Rector and Visitors of the University of Virginia, 115 S.Ct. 2510 (1995);
Catalina Foothills Sch. Dist.
(Zobrest), 113 S.Ct. 2462 (1993); Witters v. Washington Dep't of Services
for the Blind, 474 U.S. 481, 487 (1986); Mueller v. Allen, 463 U.S. 388
<5>5 Notice, supra note
<6>6 See 44 FR 30,898
(1979) for explanation of NTIA's previous policy. PTFP's regulation regarding
programming appears at 15 CFR
<7>7 This interpretation
stems from policy statement, infra fn. 11 and was applied in the Fordham
<8>8 403 U.S. 602 (1971).
The constitutional test set forth in Lemon -- and the consistency between
NTIA's new policy
interpretation and that test
-- are described in section III.A. of this policy statement, infra.
<9>"9 Public Telecommunications
Facilities Program; Report and Order, 44 FR 30,898, 30,902 (1979) (Report
<10>10 Id. at 30,900
- 30,901. Previously, organizations organized for primarily religious
purposes were ineligible to apply
for a PTFP planning grant,
although their affiliates were eligible to apply. See 15
CFR § 2301.4(b)(2). We
are revising this rule to be consistent with the new policy adopted herein,
such that applicant eligibility will be the same for both construction
and planning grants. See the conforming amendments to Section 2301.4(a)
<11>11 60 FR 15,636 (1995);
60 FR 8156 (1995).
<12>12 The applicant
"will not use or allow the use of the facilities for essentially
sectarian purposes for as long as the
Applicant possesses or uses
the facilities . . . ." Public Telecommunications Facilities Program,
Assurances, no. 30, at 9.
<13>13 For a discussion
of this point, see Section III.A. of this policy statement.
<14>14 856 F. Supp. 684
(D.D.C. 1994), appeal docketed, No. 94-5229 (D.C. Cir. Aug. 22, 1994).
<15>15 Id. at 697-698.
<16> 115 S.Ct. 2510 (1995).
<17> Comments of Lisa
<18> Comments of National
Public Radio at 2,5; Comments of Wake Forest at 2-3.
<19>" Comments of
North Carolina Public Radio Association at 1; Comments of Honorable Richard
Burr at 1; Comments of Southern Public Radio at 1.
<20> Comments of Corporation
for Public Broadcasting at 3; Comments of National Public Radio
<21>" Comments of
Fordham University at 16-17.
<22> Comments of Fordham
University at 9.
<23> 403 U.S. 602 (1971).
<24>" Id. at 612-613.
<25> The PTFP regulation
at 15 C.F.R. § 2301.22(d) provides: "During the period in which
the grantee possesses or uses the Federally funded facilities (whether
or not this period extends beyond the Federal interest period), the grantee
may not use or allow the use of the Federally funded equipment for purposes
the essential thrust of which are sectarian." The assurance contained
in the PTFP application kit provides that the applicant certify that he/she
"will not use or allow the use of the facilities for essentially
sectarian purposes for as long as the Applicant possesses or uses the
facilities, whether or not this period extends beyond the ten-year Federal
interest period following completion of this project." NTIA considers
these phrases to mean the same thing. See also n. 3, supra.
<26> To be eligible for
a construction or planning grant, an applicant must be one of the following:
a public broadcast station; a noncommercial telecommunications entity;
a system of public telecommunications entities; a nonprofit foundation,
corporation, institution, or association organized primarily for educational
or cultural purposes; or a state or local government (or any agency thereof),
or a political or special purpose subdivision of a state. See 15 C.F.R.
§ 2301.4(a), (b).
<27> 47 U.S.C. 390-393;
15 CFR § 2301 et seq.
<28> For definitions
of eligible organizations and projects, see 15 CFR § 2301.4.
<29> While this example
uses one program, we wish to emphasize that we are not setting any percentage
or hourly maximum on the amount of sectarian programming that would be
<30> See 15 C.F.R. §
2301.1; 15 C.F.R. § 2301.5(d)(2)(xvi); 15 C.F.R. § 2301.22(d).
The PTFP regulation at 15 C.F.R. § 2301.22(d) provides: "During
the period in which the grantee possesses or uses the Federally funded
facilities (whether or not this period extends beyond the Federal interest
period), the grantee may not use or allow the use of the Federally funded
equipment for purposes the essential thrust of which are sectarian."
The assurance contained in the PTFP application kit provides that the
applicant certify that he/she "will not use or allow the use of the
facilities for essentially sectarian purposes for as long as the Applicant
possesses or uses the facilities, whether or not this period extends beyond
the ten-year Federal interest period following completion of this project."
NTIA considers these phrases to mean the same thing.
<31>" 15 CFR §
<32> 47 U.S.C. §
<33> 47 U.S.C. §
<34>" 47 U.S.C.
§ 394 (a).
<35> Each award will
contain a special award condition which requires that: "The grantee
will neither use nor allow the NTIA-funded equipment, facilities or programming
to be used for purposes the essential thrust of which is sectarian."
There are often special award conditions attached to each award which
provide conditions on the Federal funds in addition to those required
by OMB Circulars. As noted above in n. 30, supra, NTIA considers this
language to mean the same thing as not allowing the NTIA-funded equipment,
facilities or programming to be used for essentially sectarian purposes.
<36> Pub.L.No. 103-317,
1994 U.S.C.C.A.N. (108 Stat.) 1724, 1747; 47 U.S.C. § 390-393.
<37> The special award
condition for the TIIAP awards will read as follows: "During the
Federal interest period, to the extent that the grantee maintains control
over network transmissions, the grantee will neither use nor allow the
NTIA-funded network to be used for purposes the essential thrust of which
is sectarian." As noted in fn. 35, supra, NTIA considers this language
to mean the same thing as not allowing the NTIA-funded network to be used
for essentially sectarian purposes.
Source: U.S. Department
National Telecommunications and Information Administration
Office of Telecommunications and Information Applications