MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL COMMUNICATIONS COMMISSION AND THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES This Memorandum of Understanding (“MOU”) sets forth the agreement between the Federal Communications Commission (“FCC”) and the Institute of Museum and Library Services (“IMLS”) (each hereinafter a “Party” and all collectively the “Parties”) to enhance coordination to promote public awareness of, and facilitate the availability of, federal broadband funding opportunities and other resources in recognition of the significant role that libraries and other community anchor institutions can and do play in providing broadband access and promoting digital inclusion. The FCC is an independent federal agency created by the Communications Act of 1934, 47 U.S.C. § 151, et seq., for the “purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States . . . a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities . . . for the purpose of promoting safety of life and property through the use of wire and radio communication.” Through the federal Universal Service Fund and its four component programs, the FCC’s mission is to advance the goals of universal service—that all Americans have access to robust, affordable broadband and voice services. One of the programs funded by the Universal Service Fund is the E-Rate program, which provides funding for broadband access to schools and libraries. The FCC also administers the Emergency Connectivity Fund, authorized by the American Rescue Plan of 2021, which provides funding to support the remote learning needs of students, school staff and library patrons during the COVID-19 pandemic. The IMLS is an independent federal agency established by the Museum and Library Services Act, 20 U.S.C. § 9101 et seq., in 1996, to advance museum, library, and information services to meet the essential information, education, research, economic, cultural, and civic needs of the people of the United States. The agency is the primary source of federal support for our nation’s libraries and museums and builds the capacity of these organizations to serve the public. IMLS undertakes policy research and data collection, and provides financial assistance to support broadband planning, delivery, and adoption, as well as resources and services to support digital inclusion. The agency helps communities assess connectivity needs; procure affordable broadband services, including by leveraging the E-rate and other programs; train staff; and obtain technology and digital resources to support workforce, economic and business development, access health information, and strengthen digital, financial, and information literacy skills. IMLS provides critical support for underserved populations through its assistance to museums and libraries, State and local governments, Native American Tribes, Native Alaskan villages and corporations, and organizations that primarily represent and serve Native Hawaiians, and African American History and Culture and American Latino museums. The Parties recognize that access to high-speed broadband connectivity and digital know-how is critical for success in today’s information society and digital economy. Congress has long recognized the central role of libraries and community anchor institutions in ensuring digital access and inclusion. A part of IMLS’s authorization legislation – the Library Services and Technology Act – and the FCC’s Telecommunications Act were enacted in the same year (1996) and interact with one another to enhance access for all; and the agencies continue to coordinate through pandemic and infrastructural legislative efforts, with the ultimate goal of ubiquitous and affordable broadband that provides every American the opportunity to engage in the informational, educational, economic, and social life of the nation. The Parties have recently partnered with one another on an informal basis to share information about their respective funding programs to support the broadband access needs of libraries and library patrons, including during the COVID-19 pandemic. Through this MOU, the Parties seek to build upon these partnerships to further enhance their coordination in support of broadband access and digital inclusion. NOW, THEREFORE, the Parties hereby agree as follows: SECTION 1. The Parties will coordinate with one another to promote public awareness and facilitate the availability of federal broadband funding opportunities and other resources in recognition of the significant role that libraries and museums can and do play in providing broadband access and promoting digital inclusion. Coordination will focus on communities where broadband access is particularly challenging, such as rural areas and Tribal lands, and will include, but not be limited to, the following activities: · Sharing data about participation in the FCC’s E-Rate and Emergency Connectivity Fund programs, IMLS’ grant programs, and availability of high-speed broadband services. · Publicizing information about federal broadband funding opportunities and resources available through the Parties’ respective outreach channels, including: o Stakeholder communications; o Web resources; and o Social media. · Partnering on the development of broadband-related outreach materials and events. · Exploring users’ experiences and technical assistance needs related to federal broadband funding opportunities. Share lessons learned associated with removing barriers to prospective applicants and streamlining processes to support expanded access. · Expanding/leveraging the use of mobile services and other points of access, where feasible. · Connecting underserved communities to digital resources and services. The Parties will periodically revisit actions undertaken in furtherance of this MOU and make adjustments, as appropriate, to best support the broadband access needs of communities. SECTION 2. This MOU does not obligate funds for any particular expenditure nor does it authorize the transfer of funds and/or resources. If the Parties contemplate that either Party will provide goods and/or services to the other Party, it is understood and acknowledged that an interagency agreement (IAA) shall be used to document the reimbursement obligations associated with such goods or services as required by 31 U.S.C. § 1501. Any such IAA used to document reimbursement obligations shall be executed by the Parties before the period of performance commences and shall include the signature of officials with authority to obligate funds and shall be contingent upon the availability of appropriated funds in compliance with the Anti-Deficiency Act. 31 U.S.C. § 1341. It is intended that any joint materials resulting from this partnership be made available to the public only upon the prior written mutual consent of the Parties. SECTION 3. The Parties’ contacts for this MOU are: For FCC: Sue McNeil, Associate Bureau Chief, Wireline Competition Bureau, sue.mcneil@fcc.gov, (202) 418-7619 Communications Contact: Anne Veigle, Deputy Director, Office of Media Relations anne.veigle@fcc.gov, (202) 418-0500 For IMLS: Cynthia Landrum, Deputy Director for Library Services clandrum@imls.gov, (202) 653-4650 Communications Contact: Erica Jaros, Communications Specialist ejaros@imls.gov, 202-653-4701 The Parties agree that if there is a change regarding the contact information in this section, the Party making the change will notify the other Party in writing of such change. SECTION 4. This MOU shall become effective when signed by the Parties. SECTION 5. This MOU may be amended at any time by mutual consent of the Parties. Such amendment shall be in writing clearly setting forth the terms and signed by the Parties. SECTION 6. This MOU may be terminated by the Parties upon mutual consent. Either Party may request termination by providing written notice to the other Party. SECTION 7. This MOU may be executed in counterparts. Each counterpart may bear a penned or digital signature, which signature of or on behalf of the Party can be seen, and may be transmitted by mail, by hand, or electronically. Each counterpart shall be regarded as an original and all of them taken together shall constitute one and the same agreement. APPROVED BY: FEDERAL COMMUNICATIONS COMMISSION: _______________________________ ___6/23/22_______ Hon. Jessica Rosenworcel, Date Chairwoman INSTITUTE OF MUSEUM AND LIBRARY SERVICES: 6/23/2022 _______________________________ _________________ Hon. Crosby Kemper, Date Director