; (B) includes any service that is a functional equivalent of the service described in subparagraph (A); and (C) does not include dial-up internet access service. (8) Collective bargaining The term collective bargaining means performance of the mutual obligation described in section 8(d) of the National Labor Relations Act ( 29 U.S.C. 158(d) ). (9) Collective bargaining agreement The term collective bargaining agreement means an agreement reach through collective bargaining. (10) Funding recipient The term funding recipient means an entity that receives funding for a project under this section, including a private entity, public-private partnership, cooperative, or municipal broadband service provider. (11) High-poverty area The term high-poverty area means a census tract with a poverty rate of at least 20 percent, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census as of the year before the date of the enactment of this section. (12) Institution of higher education The term institution of higher education — (A) has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )