---
kind: "section"
citation: "47 C.F.R. § 76.42"
title: "47"
number: "76.42"
heading: "In-kind contributions."
url: "https://uscodex.org/cfr/47/76.42"
---

# §76.42. In-kind contributions.

- (a) In-kind, cable-related contributions are “franchise fees” subject to the five percent cap set forth in [47 U.S.C. 542(b)](/usc/47/542.md?p=b). Such contributions, which count toward the five percent cap at their fair market value, include any non-monetary contributions related to the provision of cable service by a cable operator as a condition or requirement of a local franchise, including but not limited to:
  - (1) Costs attributable to the provision of free or discounted cable service to public buildings, including buildings leased by or under control of the franchising authority;
  - (2) Costs in support of public, educational, or governmental access facilities, with the exception of capital costs; and
  - (3) **Costs attributable to the construction of institutional networks.**
- (b) In-kind, cable-related contributions do not include the costs of complying with build-out and customer service requirements.

## Notes

### Amendments

[84 FR 44750, Aug. 27, 2019]

### Authority

Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 335, 338, 339, 340, 341, 503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 562, 571, 572, 573.

### Source

Source: 37 FR 3278, Feb. 12, 1972, unless otherwise noted.

### Amendments

[84 FR 44750, Aug. 27, 2019]