§ 614. — Telecommunications Development Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC614]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
Sec. 614. Telecommunications Development Fund
(a) Purpose of section
It is the purpose of this section--
(1) to promote access to capital for small businesses in order
to enhance competition in the telecommunications industry;
(2) to stimulate new technology development, and promote
employment and training; and
(3) to support universal service and promote delivery of
telecommunications services to underserved rural and urban areas.
(b) Establishment of Fund
There is hereby established a body corporate to be known as the
Telecommunications Development Fund, which shall have succession until
dissolved. The Fund shall maintain its principal office in the District
of Columbia and shall be deemed, for purposes of venue and jurisdiction
in civil actions, to be a resident and citizen thereof.
(c) Board of Directors
(1) Composition of Board; Chairman
The Fund shall have a Board of Directors which shall consist of
7 persons appointed by the Chairman of the Commission. Four of such
directors shall be representative of the private sector and three of
such directors shall be representative of the Commission, the Small
Business Administration, and the Department of the Treasury,
respectively. The Chairman of the Commission shall appoint one of
the representatives of the private sector to serve as chairman of
the Fund within 30 days after February 8, 1996, in order to
facilitate rapid creation and implementation of the Fund. The
directors shall include members with experience in a number of the
following areas: finance, investment banking, government banking,
communications law and administrative practice, and public policy.
(2) Terms of appointed and elected members
The directors shall be eligible to serve for terms of 5 years,
except of the initial members, as designated at the time of their
appointment--
(A) 1 shall be eligible to service for a term of 1 year;
(B) 1 shall be eligible to service for a term of 2 years;
(C) 1 shall be eligible to service for a term of 3 years;
(D) 2 shall be eligible to service for a term of 4 years;
and
(E) 2 shall be eligible to service for a term of 5 years (1
of whom shall be the Chairman).
Directors may continue to serve until their successors have been
appointed and have qualified.
(3) Meetings and functions of the Board
The Board of Directors shall meet at the call of its Chairman,
but at least quarterly. The Board shall determine the general
policies which shall govern the operations of the Fund. The Chairman
of the Board shall, with the approval of the Board, select, appoint,
and compensate qualified persons to fill the offices as may be
provided for in the bylaws, with such functions, powers, and duties
as may be prescribed by the bylaws or by the Board of Directors, and
such persons shall be the officers of the Fund and shall discharge
all such functions, powers, and duties.
(d) Accounts of Fund
The Fund shall maintain its accounts at a financial institution
designated for purposes of this section by the Chairman of the Board
(after consultation with the Commission and the Secretary of the
Treasury). The accounts of the Fund shall consist of--
(1) interest transferred pursuant to section 309(j)(8)(C) of
this title;
(2) such sums as may be appropriated to the Commission for
advances to the Fund;
(3) any contributions or donations to the Fund that are accepted
by the Fund; and
(4) any repayment of, or other payment made with respect to,
loans, equity, or other extensions of credit made from the Fund.
(e) Use of Fund
All moneys deposited into the accounts of the Fund shall be used
solely for--
(1) the making of loans, investments, or other extensions of
credits to eligible small businesses in accordance with subsection
(f) of this section;
(2) the provision of financial advice to eligible small
businesses;
(3) expenses for the administration and management of the Fund
(including salaries, expenses, and the rental or purchase of office
space for the fund); \1\
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``Fund);''.
---------------------------------------------------------------------------
(4) preparation of research, studies, or financial analyses; and
(5) other services consistent with the purposes of this section.
(f) Lending and credit operations
Loans or other extensions of credit from the Fund shall be made
available in accordance with the requirements of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.) and any other applicable law
to an eligible small business on the basis of--
(1) the analysis of the business plan of the eligible small
business;
(2) the reasonable availability of collateral to secure the loan
or credit extension;
(3) the extent to which the loan or credit extension promotes
the purposes of this section; and
(4) other lending policies as defined by the Board.
(g) Return of advances
Any advances appropriated pursuant to subsection (d)(2) of this
section shall be disbursed upon such terms and conditions (including
conditions relating to the time or times of repayment) as are specified
in any appropriations Act providing such advances.
(h) General corporate powers
The Fund shall have power--
(1) to sue and be sued, complain and defend, in its corporate
name and through its own counsel;
(2) to adopt, alter, and use the corporate seal, which shall be
judicially noticed;
(3) to adopt, amend, and repeal by its Board of Directors,
bylaws, rules, and regulations as may be necessary for the conduct
of its business;
(4) to conduct its business, carry on its operations, and have
officers and exercise the power granted by this section in any State
without regard to any qualification or similar statute in any State;
(5) to lease, purchase, or otherwise acquire, own, hold,
improve, use, or otherwise deal in and with any property, real,
personal, or mixed, or any interest therein, wherever situated, for
the purposes of the Fund;
(6) to accept gifts or donations of services, or of property,
real, personal, or mixed, tangible or intangible, in aid of any of
the purposes of the Fund;
(7) to sell, convey, mortgage, pledge, lease, exchange, and
otherwise dispose of its property and assets;
(8) to appoint such officers, attorneys, employees, and agents
as may be required, to determine their qualifications, to define
their duties, to fix their salaries, require bonds for them, and fix
the penalty thereof; and
(9) to enter into contracts, to execute instruments, to incur
liabilities, to make loans and equity investment, and to do all
things as are necessary or incidental to the proper management of
its affairs and the proper conduct of its business.
(i) Accounting, auditing, and reporting
The accounts of the Fund shall be audited annually. Such audits
shall be conducted in accordance with generally accepted auditing
standards by independent certified public accountants. A report of each
such audit shall be furnished to the Secretary of the Treasury and the
Commission. The representatives of the Secretary and the Commission
shall have access to all books, accounts, financial records, reports,
files, and all other papers, things, or property belonging to or in use
by the Fund and necessary to facilitate the audit.
(j) Report on audits by Treasury
A report of each such audit for a fiscal year shall be made by the
Secretary of the Treasury to the President and to the Congress not later
than 6 months following the close of such fiscal year. The report shall
set forth the scope of the audit and shall include a statement of assets
and liabilities, capital and surplus or deficit; a statement of surplus
or deficit analysis; a statement of income and expense; a statement of
sources and application of funds; and such comments and information as
may be deemed necessary to keep the President and the Congress informed
of the operations and financial condition of the Fund, together with
such recommendations with respect thereto as the Secretary may deem
advisable.
(k) Definitions
As used in this section:
(1) Eligible small business
The term ``eligible small business'' means business enterprises
engaged in the telecommunications industry that have $50,000,000 or
less in annual revenues, on average over the past 3 years prior to
submitting the application under this section.
(2) Fund
The term ``Fund'' means the Telecommunications Development Fund
established pursuant to this section.
(3) Telecommunications industry
The term ``telecommunications industry'' means communications
businesses using regulated or unregulated facilities or services and
includes broadcasting, telecommunications, cable, computer, data
transmission, software, programming, advanced messaging, and
electronics businesses.
(June 19, 1934, ch. 652, title VII, Sec. 714, as added Pub. L. 104-104,
title VII, Sec. 707(b), Feb. 8, 1996, 110 Stat. 154.)
References in Text
The Federal Credit Reform Act of 1990, referred to in subsec. (f),
is title V of Pub. L. 93-344 as added by Pub. L. 101-508, title XIII,
Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which is classified
generally to subchapter III (Sec. 661 et seq.) of chapter 17A of Title
2, The Congress. For complete classification of this Act to the Code,
see Short Title note set out under section 621 of Title 2 and Tables.
Section Referred to in Other Sections
This section is referred to in section 309 of this title.
