Sec. 54.501 Eligibility for services provide by telecommunications
carriers.
(a) Telecommunications carriers shall be eligible for universal
service support under this subpart for providing supported services to
eligible
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schools, libraries, and consortia including those entities.
(b) Schools.
(1) Only schools meeting the statutory definitions of ``elementary
school,'' as defined in 20 U.S.C. 8801(14), or ``secondary school,'' as
defined in 20 U.S.C. 8801(25), and not excluded under paragraphs (a)(2)
or (a)(3) of this section shall be eligible for discounts on
telecommunications and other supported services under this subpart.
(2) Schools operating as for-profit businesses shall not be eligible
for discounts under this subpart.
(3) Schools with endowments exceeding $50,000,000 shall not be
eligible for discounts under this subpart.
(c) Libraries:
(1) Only libraries eligible for assistance from a State library
administrative agency under the Library Services and Technology Act
(Pub. L. 104-208) and not excluded under paragraphs (b)(2) or (b)(3) of
this section shall be eligible for discounts under this subpart.
(2) A library's eligibility for universal service funding shall
depend on its funding as an independent entity. Only libraries whose
budgets are completely separate from any schools (including, but not
limited to, elementary and secondary schools, colleges, and
universities) shall be eligible for discounts as libraries under this
subpart.
(3) Libraries operating as for-profit businesses shall not be
eligible for discounts under this subpart.
(d) Consortia:
(1) For purposes of seeking competitive bids for telecommunications
services, schools and libraries eligible for support under this subpart
may form consortia with other eligible schools and libraries, with
health care providers eligible under subpart G of this part, and with
public sector (governmental) entities, including, but not limited to,
state colleges and state universities, state educational broadcasters,
counties, and municipalities, when ordering telecommunications and other
supported services under this subpart. With one exception, eligible
schools and libraries participating in consortia with ineligible private
sector members shall not be eligible for discounts for interstate
services under this subpart. A consortium may include ineligible private
sector entities if the pre-discount prices of any services that such
consortium receives from ILECs are generally tariffed rates.
(2) For consortia, discounts under this subpart shall apply only to
the portion of eligible telecommunications and other supported services
used by eligible schools and libraries.
(3) State agencies may receive discounts on the purchase of
telecommunications and information services that they make on behalf of
and for the direct use of eligible schools and libraries, as through
state networks.
(4) Service providers shall keep and retain records of rates charged
to and discounts allowed for eligible schools and libraries--on their
own or as part of a consortium. Such records shall be available for
public inspection.
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