§  54.500   Terms and definitions.

   (a) Billed entity. A “billed entity” is the entity that remits payment
   to service providers for services rendered to eligible schools and
   libraries.

   (b) Educational purposes. For purposes of this subpart, activities that
   are integral, immediate, and proximate to the education of students, or
   in the case of libraries, integral, immediate and proximate to the
   provision of library services to library patrons, qualify as
   “educational purposes.” Activities that occur on library or school
   property are presumed to be integral, immediate, and proximate to the
   education of students or the provision of library services to library
   patrons.

   (c) Elementary school. An “elementary school” means an elementary
   school as defined in 20 U.S.C. 7801(18), a non-profit institutional day
   or residential school, including a public elementary charter school,
   that provides elementary education, as determined under state law.

   (d) Library. A “library” includes:

   (1) A public library;

   (2) A public elementary school or secondary school library;

   (3) An academic library;

   (4) A research library, which for the purpose of this section means a
   library that:

   (i) Makes publicly available library services and materials suitable
   for scholarly research and not otherwise available to the public; and

   (ii) Is not an integral part of an institution of higher education; and

   (5) A private library, but only if the state in which such private
   library is located determines that the library should be considered a
   library for the purposes of this definition.

   (e) Library consortium. A “library consortium” is any local, statewide,
   regional, or interstate cooperative association of libraries that
   provides for the systematic and effective coordination of the resources
   of schools, public, academic, and special libraries and information
   centers, for improving services to the clientele of such libraries. For
   the purposes of these rules, references to library will also refer to
   library consortium.

   (f) Lowest corresponding price. “Lowest corresponding price” is the
   lowest price that a service provider charges to non-residential
   customers who are similarly situated to a particular school, library,
   or library consortium for similar services.

   (g) Master contract. A “master contract” is a contract negotiated with
   a service provider by a third party, the terms and conditions of which
   are then made available to an eligible school, library, rural health
   care provider, or consortium that purchases directly from the service
   provider.

   (h) Minor contract modification. A “minor contract modification” is a
   change to a universal service contract that is within the scope of the
   original contract and has no effect or merely a negligible effect on
   price, quantity, quality, or delivery under the original contract.

   (i) National school lunch program. The “national school lunch program”
   is a program administered by the U.S. Department of Agriculture and
   state agencies that provides free or reduced price lunches to
   economically disadvantaged children. A child whose family income is
   between 130 percent and 185 percent of applicable family size income
   levels contained in the nonfarm poverty guidelines prescribed by the
   Office of Management and Budget is eligible for a reduced price lunch.
   A child whose family income is 130 percent or less of applicable family
   size income levels contained in the nonfarm income poverty guidelines
   prescribed by the Office of Management and Budget is eligible for a
   free lunch.

   (j) Pre-discount price. The “pre-discount price” means, in this
   subpart, the price the service provider agrees to accept as total
   payment for its telecommunications or information services. This amount
   is the sum of the amount the service provider expects to receive from
   the eligible school or library and the amount it expects to receive as
   reimbursement from the universal service support mechanisms for the
   discounts provided under this subpart.

   (k) Secondary school. A “secondary school” means a secondary school as
   defined in 20 U.S.C. 7801(38), a non-profit institutional day or
   residential school, including a public secondary charter school, that
   provides secondary education, as determined under state law except that
   the term does not include any education beyond grade 12.

   (l) State telecommunications network. A “state telecommunications
   network” is a state government entity that procures, among other
   things, telecommunications offerings from multiple service providers
   and bundles such offerings into packages available to schools,
   libraries, or rural health care providers that are eligible for
   universal service support, or a state government entity that provides,
   using its own facilities, such telecommunications offerings to such
   schools, libraries, and rural health care providers.

   (m) Wide area network. For purposes of this subpart, a “wide area
   network” is a voice or data network that provides connections from one
   or more computers within an eligible school or library to one or more
   computers or networks that are external to such eligible school or
   library. Excluded from this definition is a voice or data network that
   provides connections between or among instructional buildings of a
   single school campus or between or among non-administrative buildings
   of a single library branch.

   [ 63 FR 2128 , Jan. 13, 1998, as amended at  68 FR 36942 , June 20, 2003;
    76 FR 56302 , Sept. 13, 2011]

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