US (United States) Code Title 47. Chapter 5: Wire or radio comunication

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Telegraphs, telephones and radiotelegraphs

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-CITE-

47 USC Part II - Radio Equipment and Radio Operators On

Board Ship 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

PART II - RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 153, 154, 158, 382, 503, 504

of this title.

-End-

-CITE-

47 USC Sec. 351 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 351. Ship radio stations and operations

-STATUTE-

(a) Except as provided in section 352 hereof it shall be unlawful

-

(1) For any ship of the United States, other than a cargo ship

of less than three hundred gross tons, to be navigated in the

open sea outside of a harbor or port, or for any ship of the

United States or any foreign country, other than a cargo ship of

less than three hundred gross tons, to leave or attempt to leave

any harbor or port of the United States for a voyage in the open

sea, unless such ship is equipped with an efficient radio station

in operating condition, as specified by subparagraphs (A) and (B)

of this paragraph, in charge of and operated by one or more radio

officers or operators, adequately installed and protected so as

to insure proper operation, and so as not to endanger the ship

and radio station as hereinafter provided, and, in the case of a

ship of the United States, unless there is on board a valid

station license issued in accordance with this chapter.

(A) Passenger ships irrespective of size and cargo ships of

one thousand six hundred gross tons and upward shall be

equipped with a radio-telegraph station complying with the

provisions of this part;

(B) Cargo ships of three hundred gross tons and upward but

less than one thousand six hundred gross tons, unless equipped

with a radio-telegraph station complying with the provisions of

this part, shall be equipped with a radiotelephone station

complying with the provisions of this part.

(2) For any ship of the United States of one thousand six

hundred gross tons and upward to be navigated in the open sea

outside of a harbor or port, or for any such ship of the United

States or any foreign country to leave or attempt to leave any

harbor or port of the United States for a voyage in the open sea,

unless such ship is equipped with efficient radio direction

finding apparatus approved by the Commission, properly adjusted

in operating condition as hereinafter provided.

(b) A ship which is not subject to the provisions of this part at

the time of its departure on a voyage shall not become subject to

such provisions on account of any deviation from its intended

voyage due to stress of weather or any other cause over which

neither the master, the owner, nor the charterer (if any) has

control.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 351, as added May 20,

1937, ch. 229, Sec. 10(b), 50 Stat. 192; amended Aug. 13, 1954, ch.

729, Sec. 1(a), 68 Stat. 704; Pub. L. 89-121, Sec. 2, Aug. 13,

1965, 79 Stat. 512.)

-MISC1-

AMENDMENTS

1965 - Subsec. (a). Pub. L. 89-121 substituted "radio station"

for "radio installation", broadened coverage so as to extend to

vessels over 300 tons rather than 500 tons, required passenger

ships irrespective of size and cargo ships over 1600 tons to be

equipped with a radio telegraph station and cargo ships over 300

tons, unless equipped with a radiotelegraph station, to be equipped

with a radiotelephone station, and eliminated provisions which

empowered the Commission to defer the application of the provisions

of paragraphs (1) and (2) of this subsection for periods not beyond

Jan. 1, 1955, and Nov. 19, 1954, respectively.

1954 - Subsec. (a)(1). Act Aug. 13, 1954, broadened coverage so

as to extend to vessels over 500 tons rather than 1,600 tons.

Subsec. (a)(2). Act Aug. 13, 1954, broadened coverage so as to

extend to any United States flag vessel of 1,600 gross tons or over

rather than any passenger vessel of 5,000 gross tons or over.

EFFECTIVE DATE

Section 16 of act May 20, 1937, provided that: "This Act

[enacting this part, amending sections 151, 153, 154, 303, 321,

322, 329, 402, 504, and 602 of this title, and repealing sections

484 to 487 of former Title 46, Shipping] shall take effect upon

approval [May 20, 1937] provided that the Commission may defer the

application of all or any part of sections 351 to 355 [sections 351

to 355 of this title], inclusive, for a period not to exceed six

months after approval, in regard to any ship or classes of ships of

the United States which are not subject to the provisions of the

safety convention, if it is found impracticable to obtain the

necessary equipment or make the required installations."

JOINT STUDIES OF NEED FOR SAFETY DEVICES ON CERTAIN CARGO SHIPS;

REPORT

Act Aug. 3, 1956, ch. 913, 70 Stat. 967, authorized the Federal

Communications Commission, the United States Coast Guard, and the

Federal Maritime Administration, acting jointly, to make a full and

complete study and investigation with respect to the need for

installing automatic radiotelegraph call selectors on cargo ships

of the United States carrying less than two radio operators, and

other such safety devices, and the feasibility thereof, and

required a report to the Congress not later than Mar. 1, 1957.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 354 of this title; title

46 section 14305.

-End-

-CITE-

47 USC Sec. 352 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 352. Exemptions

-STATUTE-

(a) Vessels excepted

The provisions of this part shall not apply to -

(1) A ship of war;

(2) A ship of the United States belonging to and operated by

the Government, except a ship of the Maritime Administration of

the Department of Transportation, the Inland and Coastwise

Waterways Service, or the Panama Canal Company;

(3) A foreign ship belonging to a country which is a party to

any Safety Convention in force between the United States and that

country which ship carries a valid certificate exempting said

ship from the radio provisions of that Convention, or which ship

conforms to the radio requirements of such Convention or

Regulations and has on board a valid certificate to that effect,

or which ship is not subject to the radio provisions of any such

Convention;

(4) Yachts of less than six hundred gross tons not subject to

the radio provisions of the Safety Convention;

(5) Vessels in tow;

(6) A ship navigating solely on any bays, sounds, rivers, or

protected waters within the jurisdiction of the United States, or

to a ship leaving or attempting to leave any harbor or port of

the United States for a voyage solely on any bays, sounds,

rivers, or protected waters within the jurisdiction of the United

States;

(7) A ship navigating solely on the Great Lakes of North

America and the River Saint Lawrence as far east as a straight

line drawn from Cap des Rosiers to West Point, Anticosti Island,

and on the north side of Anticosti Island, the sixty-third

meridian, or to a ship leaving or attempting to leave any harbor

or port of the United States for a voyage solely on such waters

and within such area;

(8) A ship which is navigated during the course of a voyage

both on the Great Lakes of North America and in the open sea,

during the period while such ship is being navigated within the

Great Lakes of North America and their connecting and tributary

waters as far east as the lower exit of the Saint Lambert lock at

Montreal in the Province of Quebec, Canada.

(b) Radio station unreasonable or unnecessary

Except for nuclear ships, the Commission may, if it considers

that the route or the conditions of the voyage or other

circumstances are such as to render a radio station unreasonable or

unnecessary for the purposes of this part, exempt from the

provisions of this part any ship or class of ships which falls

within any of the following descriptions:

(1) Passenger ships which in the course of their voyage do not

go more than twenty nautical miles from the nearest land or,

alternatively, do not go more than two hundred nautical miles

between two consecutive ports;

(2) Cargo ships which in the course of their voyage do not go

more than one hundred and fifty nautical miles from the nearest

land;

(3) Passenger vessels of less than one hundred gross tons not

subject to the radio provisions of the Safety Convention;

(4) Sailing ships.

(c) Unforeseeable equipment failures

If, because of unforeseeable failure of equipment, a ship is

unable to comply with the equipment requirements of this part

without undue delay of the ship, the mileage limitations set forth

in paragraphs (1) and (2) of subsection (b) of this section shall

not apply: Provided, That exemption of the ship is found to be

reasonable or necessary in accordance with subsection (b) of this

section to permit the ship to proceed to a port where the equipment

deficiency may be remedied.

(d) Radio direction finding apparatus unreasonable or unnecessary

Except for nuclear ships, and except for ships of five thousand

gross tons and upward which are subject to the Safety Convention,

the Commission may exempt from the requirements, for radio

direction finding apparatus, of this part and of the Safety

Convention, any ship which falls within the descriptions set forth

in paragraphs (1), (2), (3), and (4) of subsection (b) of this

section, if it considers that the route or conditions of the voyage

or other circumstances are such as to render such apparatus

unreasonable or unnecessary.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 352, as added May 20,

1937, ch. 229, Sec. 10(b), 50 Stat. 192; amended Sept. 26, 1950,

ch. 1049, Sec. 2(a)(2), 64 Stat. 1038; Aug. 13, 1954, ch. 729, Sec.

1(b), (c), 68 Stat. 705; Pub. L. 89-121, Sec. 3, Aug. 13, 1965, 79

Stat. 512; Pub. L. 97-31, Sec. 12(151), Aug. 6, 1981, 95 Stat.

167.)

-REFTEXT-

REFERENCES IN TEXT

Panama Canal Company, referred to in subsec. (a)(2), deemed to

refer to Panama Canal Commission, see section 3602(b)(5) of Title

22, Foreign Relations and Intercourse.

-MISC1-

AMENDMENTS

1981 - Subsec. (a)(2). Pub. L. 97-31 substituted "Maritime

Administration of the Department of Transportation" for "United

States Maritime Commission". For prior transfers of functions, see

Transfer of Functions note set out below.

1965 - Pub. L. 89-121, Sec. 3(a), added pars. (6) to (8) and

struck out former par. (6) which made the provisions of this part

inapplicable to a vessel navigating solely on the Great Lakes, or

on any bays, sounds, rivers, or protected waters within the

jurisdiction of the United States, or to a vessel leaving or

attempting to leave any harbor or port of the United States for a

voyage solely on the Great Lakes, or on any bays, sounds, rivers,

or protected waters within the jurisdiction of the United States.

Subsec. (b). Pub. L. 89-121, Sec. 3(b), excepted nuclear ships

and substituted "or, alternatively, do not go more than two hundred

nautical miles" for "or more than two hundred nautical miles".

Subsec. (d). Pub. L. 89-121, Sec. 3(c), added subsec. (d).

1954 - Subsec. (a)(3). Act Aug. 13, 1954, Sec. 1(b), substituted

"any Safety Convention in force between the United States and that

country" for "the Safety Convention and" and inserted at end "or

which ship is not subject to the radio provisions of any such

Convention".

Subsec. (c). Act Aug. 13, 1954, Sec. 1(c), added subsec. (c).

1950 - Subsec. (a)(2). Act Sept. 26, 1950, substituted "Panama

Canal Company" for "Panama Railroad Company".

EFFECTIVE DATE

Section effective May 20, 1937, unless deferred by the

Commission, see section 16 of act May 20, 1937, set out as a note

under section 351 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of United States Maritime Commission,

see Reorg. Plan No. 21 of 1950 and Reorg. Plan No. 7 of 1961, set

out in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 351 this title; title 46

section 14305.

-End-

-CITE-

47 USC Sec. 353 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 353. Radio equipment and operators

-STATUTE-

(a) Two radio officers required

Each cargo ship which in accordance with this part is equipped

with a radiotelegraph station and which is not equipped with a

radiotelegraph auto alarm, and each passenger ship required by this

part to be equipped with a radiotelegraph station, shall, for

safety purposes, carry at least two radio officers.

(b) One radio officer required

A cargo ship which in accordance with this part is equipped with

a radiotelegraph station, which is equipped with a radiotelegraph

auto alarm, shall, for safety purposes, carry at least one radio

officer who shall have had at least six months' previous service in

the aggregate as a radio officer in a station on board a ship or

ships of the United States.

(c) Required watches

Each ship of the United States which in accordance with this part

is equipped with a radiotelegraph station shall, while being

navigated in the open sea outside of a harbor or port, keep a

continuous watch by means of radio officers whenever the station is

not being used for authorized traffic: Provided, That, in lieu

thereof, on a cargo ship equipped with a radiotelegraph auto alarm

in proper operating condition, a watch of at least eight hours per

day, in the aggregate, shall be maintained by means of a radio

officer.

(d) Hours of watch

The Commission shall, when it finds it necessary for safety

purposes, have authority to prescribe the particular hours of watch

on a ship of the United States which in accordance with this part

is equipped with a radiotelegraph station.

(e) Operational status of auto alarms in open sea

On all ships of the United States equipped with a radiotelegraph

auto alarm, said apparatus shall be in operation at all times while

the ship is being navigated in the open sea outside of a harbor or

port when the radio officer is not on watch.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 353, as added May 20,

1937, ch. 229, Sec. 10(b), 50 Stat. 193; amended July 8, 1941, ch.

278, 55 Stat. 579; June 22, 1943, ch. 137, 57 Stat. 161; July 25,

1947, ch. 327, Sec. 2(a), 61 Stat. 451; Aug. 13, 1954, ch. 729,

Sec. 1(d), 68 Stat. 705; Pub. L. 89-121, Sec. 4, Aug. 13, 1965, 79

Stat. 513.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-121, among other changes, substituted wherever

appearing "radiotelegraph station" for "radiotelegraph

installation", "radiotelegraph auto alarm" for "auto-alarm", and

"radio officer" and "radio officers" for "qualified operator" and

"qualified operators", required a continuous watch to be kept when

the radiotelegraph station is not being used for authorized

traffic, and inserted "while being navigated in the open sea" in

two places.

1954 - Act Aug. 13, 1954, amended section to make clear that it

applies only to ships equipped with a radiotelegraph installation,

not those fitted with a radiotelephone installation.

1943 - Subsec. (b). Act June 22, 1943, substituted "the

termination of such emergency or such earlier date as Congress by

concurrent resolution may designate" for "June 30, 1943".

1941 - Subsec. (b). Act July 8, 1941, inserted exception

respecting national emergency.

PARTIAL REPEAL EFFECTIVE JULY 1, 1948

Acts July 8, 1941, and June 22, 1943, which amended subsec. (b)

of this section by adding the clause authorizing suspension or

modification of the service requirement during the emergency, were

repealed, effective July 1, 1948, by act July 25, 1947, which

provided that such acts should remain in full force and effect

until such date.

EFFECTIVE DATE

Section effective May 20, 1937, unless deferred by the

Commission, see section 16 of act May 20, 1937, set out as a note

under section 351 of this title.

APPROVAL OF OPERATORS BY SECRETARY OF NAVY DURING WAR

Act Dec. 17, 1941, ch. 588, 55 Stat. 808, as amended June 28,

1943, ch. 174, 57 Stat. 244; June 13, 1945, ch. 190, 59 Stat. 259;

1946 Reorg. Plan No. 3, Sec. 101, eff. July 16, 1946, 11 F.R. 7875,

60 Stat. 1097, prohibiting employment of radio operators who were

disapproved by the Secretary of the Navy during World War II, was

repealed by act July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449.

-End-

-CITE-

47 USC Sec. 353a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 353a. Operators and watches on radiotelephone equipped ships

-STATUTE-

(a) Each cargo ship which in accordance with this part is

equipped with a radiotelephone station shall, for safety purposes,

carry at least one operator who may be the master, an officer, or a

member of the crew.

(b) Each cargo ship of the United States which in accordance with

this part is equipped with a radiotelephone station shall, while

being navigated in the open sea outside of a harbor or port,

maintain continuous watch whenever the station is not being used

for authorized traffic.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 354, as added Aug. 13,

1954, ch. 729, Sec. 2(b), 68 Stat. 706; amended Pub. L. 89-121,

Sec. 5, Aug. 13, 1965, 79 Stat. 514.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-121 substituted "radiotelephone station" for

"radiotelephone installation" in two places, and "one operator who

may be the master, an officer, or a member of the crew" for "one

qualified operator who may be a member of the crew holding only a

certificate for radio telephony", inserted "in the open sea" before

"outside of a harbor", and required a continuous watch whenever the

station is not being used for authorized traffic.

-End-

-CITE-

47 USC Sec. 354 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 354. Technical requirements of equipment on radiotelegraph

equipped ships

-STATUTE-

The radiotelegraph station and the radio direction finding

apparatus required by section 351 of this title shall comply with

the following requirements:

(a) The radiotelegraph station shall include a main

installation and a reserve installation, electrically separate

and electrically independent of each other: Provided, That, in

installations on cargo ships of three hundred gross tons and

upward but less than one thousand six hundred gross tons, and in

installations on cargo ships of one thousand six hundred gross

tons and upward installed prior to November 19, 1952, if the main

transmitter complies with all the requirements for the reserve

transmitter, the latter may be omitted.

(b) The radiotelegraph station shall be so located that no

harmful interference from extraneous mechanical or other noise

will be caused to the proper reception of radio signals, and

shall be placed in the upper part of the ship in a position of

the greatest possible safety and as high as practicable above the

deepest load waterline. The location of the radiotelegraph

operating room or rooms shall be approved by the Commandant of

the Coast Guard. The radiotelegraph installation shall be

installed in such a position that it will be protected against

the harmful effects of water or extremes of temperature, and

shall be readily accessible both for immediate use in case of

distress and for repair.

(c) The radiotelegraph operating room shall be of sufficient

size and of adequate ventilation to enable the main and reserve

radiotelegraph installations to be operated efficiently, and

shall not be used for any purpose which will interfere with the

operation of the radiotelegraph station. The sleeping

accommodation of at least one radio officer shall be situated as

near as practicable to the radiotelegraph operating room. In

ships the keels of which are laid on or after May 26, 1965, this

sleeping accommodation shall not be within the radiotelegraph

operating room.

(d) The main and reserve installations shall be capable of

transmitting and receiving on the frequencies, and using the

classes of emission, designated by the Commission pursuant to law

for the purposes of distress and safety of navigation.

(e) The main and reserve installations shall, when connected to

the main antenna, have a minimum normal range of two hundred

nautical miles and one hundred nautical miles, respectively; that

is, they must be capable of transmitting and receiving clearly

perceptible signals from ship to ship by day and under normal

conditions and circumstances over the specified ranges.

(f) Sufficient electrical energy shall be available at all

times to operate the main installation over the normal range

required by subsection (e) of this section as well as for the

purpose of charging any batteries forming part of the

radiotelegraph station.

(g) The reserve installation shall include a source of

electrical energy independent of the propelling power of the ship

and of any other electrical system and shall be capable of being

put into operation rapidly and of working for at least six

continuous hours. The reserve source of energy and its

switchboard shall be as high as practicable in the ship and

readily accessible to the radio officer.

(h) There shall be provided between the bridge of the ship and

the radiotelegraph operating room, and between the bridge and the

location of the radio direction finding apparatus, when such

apparatus is not located on the bridge, an efficient two-way

system for calling and voice communication which shall be

independent of any other communication system in the ship.

(i) The radio direction finding apparatus shall be efficient

and capable of receiving signals with the minimum of receiver

noise and of taking bearings from which the true bearing and

direction may be determined. It shall be capable of receiving

signals on the radiotelegraph frequencies assigned by the radio

regulations annexed to the International Telecommunication

Convention in force for the purposes of distress, direction

finding, and maritime radio beacons, and, in installations made

after May 26, 1965, such other frequencies as the Commission may

for safety purposes designate.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 355, formerly Sec. 354, as

added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 193; amended 1946

Reorg. Plan No. 3, Secs. 101-104, eff. July 16, 1946, 11 F.R. 7875,

60 Stat. 1097; renumbered Sec. 355 and amended Aug. 13, 1954, ch.

729, Sec. 2(a)(1), (c), 68 Stat. 706; Pub. L. 89-121, Sec. 6, Aug.

13, 1965, 79 Stat. 514.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-121 substituted "radiotelegraph station" for

"radio installation" in opening provisions.

Subsec. (a). Pub. L. 89-121, among other changes, substituted

"radiotelegraph station" for "radio installation", required the

main installation and the reserve installation to be electrically

separate and independent of each other, and included cargo ships

between 300 and 500 tons within the ships that may omit the reserve

transmitter if the main transmitter complies with all the

requirements for the reserve transmitter.

Subsec. (b). Pub. L. 89-121 required the radiotelegraph station

to be so located that no harmful interference will be caused to the

proper reception of radio signals, and to be installed in such a

position that it will be protected against the harmful effects of

water or extremes of temperature, and will be readily accessible

both for immediate use in case of distress and for repair.

Subsec. (c). Pub. L. 89-121 added subsec. (c) and redesignated

former subsec. (c) as (d).

Subsec. (d). Pub. L. 89-121 redesignated former subsec. (c) as

(d), and substituted "main and reserve installations shall be

capable of transmitting and receiving on the frequencies, and using

the classes of emission, designated" for "main and emergency or

reserve installations shall be capable of transmitting and

receiving on the frequencies and types of waves designated". Former

subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 89-121 redesignated former subsec. (d) as

(e), and inserted provisions requiring the reserve installation to

have a minimum normal range of 100 nautical miles. Former subsec.

(e) redesignated (f).

Subsec. (f). Pub. L. 89-121 redesignated former subsec. (e) as

(f), and substituted "electrical energy" for "power" and "operate

the main installation over the normal range required by subsection

(e) of this section as well as for the purpose of charging any

batteries forming part of the radiotelegraph station" for "operate

the main radio installation efficiently under normal conditions

over the range specified in subsection (d) of this section". Former

subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 89-121 redesignated former subsec. (f) as

(g), directed that the reserve source of energy and its switchboard

shall be as high as practicable in the ship and readily accessible

to the radio officer, and eliminated provisions which stated that

for the emergency or reserve installation the normal range shall be

at least 100 nautical miles. Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 89-121 redesignated former subsec. (g) as

(h), and substituted provisions requiring the method of

communication between the bridge and the radiotelegraph room and

the location of the radio direction finding apparatus to be an

efficient two-way system for calling and voice communication for

provisions which required an efficient means of communication.

Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 89-121 redesignated former subsec. (h) as

(i), and substituted provisions requiring the apparatus to be

capable of receiving signals with the minimum of receiver noise for

provisions which required the apparatus to be capable of receiving

clearly perceptible signals.

1954 - Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section

by changing section number from "354" to "355" of act June 19,

1934.

Subsec. (a). Act Aug. 13, 1954, Sec. 2(c), provided for a

"reserve radiotelegraph installation" instead of merely a "reserve

installation".

EFFECTIVE DATE

Section effective May 20, 1937, unless deferred by the

Commission, see section 16 of act May 20, 1937, set out as a note

under section 351 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Coast Guard transferred to Department of Transportation, and

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of all other officers and offices of Department

of the Treasury transferred to Secretary of Transportation by Pub.

L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section

6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding

such transfer of functions, Coast Guard shall operate as part of

Navy in time of war or when President directs as provided in

section 3 of Title 14, Coast Guard. See section 108 of Title 49,

Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, excepted from transfer when Coast Guard

is operating as part of Navy under sections 1 and 3 of Title 14.

"Commandant of the Coast Guard" substituted in subsec. (b) for

"Bureau of Marine Inspection and Navigation, Department of

Commerce" on authority of Reorg. Plan No. 3 of 1946, Secs. 101-104,

set out in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 354a of this title; title

46 section 14305.

-End-

-CITE-

47 USC Sec. 354a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 354a. Technical requirements of equipment on radiotelephone

equipped ships

-STATUTE-

Cargo ships of three hundred gross tons and upward but less than

one thousand six hundred gross tons may, in lieu of the

radiotelegraph station prescribed by section 354 of this title, be

equipped with a radiotelephone station complying with the following

requirements:

(a) The radiotelephone station shall be in the upper part of the

ship, so located that it is sheltered to the greatest possible

extent from noise which might impair the correct reception of

messages and signals, and, unless such station is situated on the

bridge, there shall be efficient communication with the bridge.

(b) The radiotelephone installation shall be capable of

transmitting and receiving on the frequencies, and using the

classes of emission, designated by the Commission pursuant to law

for the purposes of distress and safety of navigation.

(c) The radiotelephone installation shall have a minimum normal

range of one hundred and fifty nautical miles; that is, it shall be

capable of transmitting and receiving clearly perceptible signals

from ship to ship by day and under normal conditions and

circumstances over this range.

(d) There shall be available at all times a main source of

electrical energy sufficient to operate the installation over the

normal range required by subsection (c) of this section. If

batteries are provided they shall have sufficient capacity to

operate the transmitter and receiver for at least six continuous

hours under normal working conditions. In installations made on or

after November 19, 1952, a reserve source of electrical energy

shall be provided in the upper part of the ship unless the main

source of energy is so situated.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 356, as added Aug. 13,

1954, ch. 729, Sec. 2(d), 68 Stat. 706; amended Pub. L. 89-121,

Sec. 7, Aug. 13, 1965, 79 Stat. 515.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-121 limited the opening provisions to cargo

ships of 300 gross tons and upwards.

Subsec. (a). Pub. L. 89-121 required the radiotelephone station

to be so located that it is sheltered to the greatest possible

extent from noise which might impair the correct reception of

messages and signals.

Subsec. (b). Pub. L. 89-121 substituted "on the frequencies, and

using the classes of emission, designated" for "on the frequencies

and with types of emissions designated".

Subsec. (c). Pub. L. 89-121 substituted "radiotelephone

installation" for "transmitter" and inserted provisions requiring

the installation to be capable of receiving clearly perceptible

signals over the minimum normal range.

Subsec. (d). Pub. L. 89-121 substituted "a main source of

electrical energy" for "a source of energy", "at least six

continuous hours" for "at least six hours continuously", and

"installations made on or after November 19, 1952, a reserve source

of electrical energy" for "in installations an emergency source of

energy".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 46 section 14305.

-End-

-CITE-

47 USC Sec. 355 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 355. Survival craft

-STATUTE-

Every ship required to be provided with survival craft radio by

treaty to which the United States is a party, by statute, or by

regulation made in conformity with a treaty, convention, or

statute, shall be fitted with efficient radio equipment appropriate

to such requirement under such rules and regulations as the

Commission may find necessary for safety of life. For purposes of

this section, "radio equipment" shall include portable as well as

nonportable apparatus.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 357, formerly Sec. 355, as

added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 194; renumbered

Sec. 357 and amended Aug. 13, 1954, ch. 729, Sec. 2(a)(1), (e), 68

Stat. 706, 707; Pub. L. 89-121, Sec. 8, Aug. 13, 1965, 79 Stat.

516.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-121 substituted "survival craft" for

"lifeboat".

1954 - Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section

by changing section number from "355" to "357" of act June 19,

1934.

Act Aug. 13, 1954, Sec. 2(e), provided that lifeboats be equipped

with "radio equipment" rather than a "radio installation" and

defined "radio equipment" as including portable as well as

nonportable apparatus.

EFFECTIVE DATE

Section effective May 20, 1937, unless deferred by the

Commission, see section 16 of act May 20, 1937, set out as a note

under section 351 of this title.

-End-

-CITE-

47 USC Sec. 356 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 356. Approval of installations by Commission

-STATUTE-

Insofar as is necessary to carry out the purposes and

requirements of this part, the Commission shall have authority, for

any ship subject to this part -

(1) To approve the details as to the location and manner of

installations of the equipment required by this part or of

equipment necessitated by reason of the purposes and requirements

of this part.

(2) To approve installations, apparatus, and spare parts

necessary to comply with the purposes and requirements of this

part.

(3) To prescribe such additional equipment as may be determined

to be necessary to supplement that specified in this part, for

the proper functioning of the radio installation installed in

accordance with this part or for the proper conduct of radio

communication in time of emergency or distress.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 358, formerly Sec. 356, as

added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 194; renumbered

Sec. 358, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706;

amended Pub. L. 103-414, title III, Sec. 303(a)(19), Oct. 25, 1994,

108 Stat. 4295.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in text, commences with section 351 of

this title.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-414 struck out "(a)" before "Insofar as".

EFFECTIVE DATE

Section effective May 20, 1937, see section 16 of act May 20,

1937, set out as a note under section 351 of this title.

-End-

-CITE-

47 USC Sec. 357 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 357. Safety information

-STATUTE-

(a) Transmission of information concerning safety at sea

The master of every ship of the United States, equipped with

radio transmitting apparatus, which meets with dangerous ice, a

dangerous derelict, a tropical storm, or any other direct danger to

navigation, or encounters subfreezing air temperatures associated

with gale force winds causing severe ice accretion on

superstructures, or winds of force 10 or above on the Beaufort

scale for which no storm warning has been received, shall cause to

be transmitted all pertinent information relating thereto to ships

in the vicinity and to the appropriate authorities on land, in

accordance with rules and regulations issued by the Commission.

When they consider it necessary, such authorities of the United

States shall promptly bring the information received by them to the

knowledge of those concerned, including interested foreign

authorities.

(b) Charges for transmission of safety information

No charge shall be made by any ship or station in the mobile

service of the United States for the transmission, receipt, or

relay of the information designated in subsection (a) of this

section originating on a ship of the United States or of a foreign

country.

(c) Reimbursement by Commission

The transmission by any ship of the United States, made in

compliance with subsection (a) of this section, to any station

which imposes a charge for the reception, relay, or forwarding of

the required information, shall be free of cost to the ship

concerned and any communication charges incurred by the ship for

transmission, relay, or forwarding of the information may be

certified to the Commission for reimbursement out of moneys

appropriated to the Commission for that purpose.

(d) Charges for transmission of distress messages

No charge shall be made by any ship or station in the mobile

service of the United States for the transmission of distress

messages and replies thereto in connection with situations

involving the safety of life and property at sea.

(e) Free services

Notwithstanding any other provision of law, any station or

carrier may render free service in connection with situations

involving the safety of life and property, including hydrographic

reports, weather reports, reports regarding aids to navigation and

medical assistance to injured or sick persons on ships and aircraft

at sea. All free service permitted by this subsection shall be

subject to such rules and regulations as the Commission may

prescribe, which rules may limit such free service to the extent

which the Commission finds desirable in the public interest.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 359, formerly Sec. 357, as

added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195; renumbered

Sec. 359, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706;

amended Pub. L. 89-121, Sec. 9, Aug. 13, 1965, 79 Stat. 516.)

-MISC1-

AMENDMENTS

1965 - Subsec. (a). Pub. L. 89-121 directed the master of every

ship of the United States equipped with radio transmitting

apparatus which encounters subfreezing air temperatures associated

with gale force winds causing severe ice accretion on

superstructures, or winds of force 10 or above on the Beaufort

scale for which no storm warning has been received to transmit the

pertinent information relating thereto.

EFFECTIVE DATE

Section effective May 20, 1937, see section 16 of act May 20,

1937, set out as a note under section 351 of this title.

-End-

-CITE-

47 USC Sec. 358 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 358. Master's control over operations

-STATUTE-

The radio installation, the operators, the regulation of their

watches, the transmission and receipt of messages, and the radio

service of the ship except as they may be regulated by law or

international agreement, or by rules and regulations made in

pursuance thereof, shall in the case of a ship of the United States

be under the supreme control of the master.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 360, formerly Sec. 358, as

added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195; renumbered

Sec. 360, ch. 729, Sec. 2(a)(1), Aug. 13, 1954, 68 Stat. 706.)

-MISC1-

EFFECTIVE DATE

Section effective May 20, 1937, see section 16 of act May 20,

1937, set out as a note under section 351 of this title.

-End-

-CITE-

47 USC Sec. 359 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 359. Certificates of compliance; issuance, modification, and

cancellation

-STATUTE-

(a) Each vessel of the United States to which the Safety

Convention applies shall comply with the radio and communication

provisions of said Convention at all times while the vessel is in

use, in addition to all other requirements of law, and shall have

on board an appropriate certificate as prescribed by the Safety

Convention.

(b) Appropriate certificates concerning the radio particulars

provided for in said Convention shall be issued upon proper request

to any vessel which is subject to the radio provisions of the

Safety Convention and is found by the Commission to comply

therewith. Cargo ship safety radio telegraphy certificates, cargo

ship safety radiotelephony certificates, and exemption certificates

with respect to radio particulars shall be issued by the

Commission. Other certificates concerning the radio particulars

provided for in the said Convention shall be issued by the

Commandant of the Coast Guard or whatever other agency is

authorized by law to do so upon request of the Commission made

after proper inspection or determination of the facts. If the

holder of a certificate violates the radio provisions of the Safety

Convention or the provisions of this chapter, or the rules,

regulations, or conditions prescribed by the Commission, and if the

effective administration of the Safety Convention or of this part

so requires, the Commission, after hearing in accordance with law,

is authorized to modify or cancel a certificate which it has

issued, or to request the modification or cancellation of a

certificate which has been issued by another agency upon the

Commission's request. Upon receipt of such request for modification

or cancellation, the Commandant of the Coast Guard, or whatever

agency is authorized by law to do so, shall modify or cancel the

certificate in accordance therewith.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 361, formerly Sec. 359, as

added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195; renumbered

Sec. 361 and amended Aug. 13, 1954, ch. 729, Sec. 2(a)(1), (f), 68

Stat. 706, 707; Pub. L. 89-121, Sec. 10, Aug. 13, 1965, 79 Stat.

516.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (b), commences with section 351

of this title.

-MISC1-

AMENDMENTS

1965 - Subsec. (b). Pub. L. 89-121 substituted "Cargo ship safety

radio telegraphy certificates, cargo ship safety radiotelephony

certificates, and exemption certificates with respect to radio

particulars shall be issued" for "Safety Radiotelegraphy

Certificates and Safety Radiotelephony Certificates, as prescribed

by the said Convention, and Exemption Certificates issued in lieu

of such certificates, shall be issued."

1954 - Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section

by changing section number from "359" to "361" of act June 19,

1934.

Subsec. (b). Act Aug. 13, 1954, Sec. 2(f), amended subsection

generally to provide, among other changes, that certificates of

compliance be issued "upon request to any vessel" and to provide

that safety radiotelegraph certificates and safety radiotelephony

certificates and certain exemption certificates be issued by the

Federal Communications Commission.

EFFECTIVE DATE

Section effective May 20, 1937, see section 16 of act May 20,

1937, set out as a note under section 351 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Coast Guard transferred to Department of Transportation, and

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of all other officers and offices of Department

of the Treasury transferred to Secretary of Transportation by Pub.

L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section

6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding

such transfer of functions, Coast Guard shall operate as part of

Navy in time of war or when President directs as provided in

section 3 of Title 14, Coast Guard. See section 108 of Title 49,

Transportation.

-End-

-CITE-

47 USC Sec. 360 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 360. Station licenses; inspection of equipment by Commission

-STATUTE-

(a) In addition to any other provisions required to be included

in a radio station license, the station license of each ship of the

United States subject to this subchapter shall include particulars

with reference to the items specifically required by this

subchapter.

(b) Every ship of the United States that is subject to this part

shall have the equipment and apparatus prescribed therein inspected

at least once each year by the Commission or an entity designated

by the Commission. If, after such inspection, the Commission is

satisfied that all relevant provisions of this chapter and the

station license have been complied with, the fact shall be so

certified on the station license by the Commission. The Commission

shall make such additional inspections at frequent intervals as the

Commission determines may be necessary to ensure compliance with

the requirements of this chapter. The Commission may, upon a

finding that the public interest could be served thereby -

(1) waive the annual inspection required under this section for

a period of up to 90 days for the sole purpose of enabling a

vessel to complete its voyage and proceed to a port in the United

States where an inspection can be held; or

(2) waive the annual inspection required under this section for

a vessel that is in compliance with the radio provisions of the

Safety Convention and that is operating solely in waters beyond

the jurisdiction of the United States: Provided, That such

inspection shall be performed within 30 days of such vessel's

return to the United States.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 362, formerly Sec. 360, as

added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 196; renumbered

Sec. 362, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706;

amended Pub. L. 87-811, Oct. 15, 1962, 76 Stat. 922; Pub. L.

104-104, title IV, Sec. 403(n), Feb. 8, 1996, 110 Stat. 132.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (b), commences with section 351

of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-104 amended subsec. (b)

generally, revising structure of subsec. so as to contain 2 pars.

and adding provisions relating to inspection by an entity

designated by Commission, waiver of inspection for up to 90 days,

and waiver for vessels in compliance with radio provisions of

Safety Convention that are outside the jurisdiction of the United

States.

1962 - Subsec. (b). Pub. L. 87-811 empowered the Commission to

waive the annual inspection from the time of first arrival at a

United States port from a foreign port, for the sole purpose of

enabling the vessel to proceed coastwise to another port in the

United States where an inspection can be held, and limiting such

waiver to not more than a period of 30 days.

EFFECTIVE DATE

Section effective May 20, 1937, see section 16 of act May 20,

1937, set out as a note under section 351 of this title.

-End-

-CITE-

47 USC Sec. 361 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 361. Control by Commission; review of decisions

-STATUTE-

Nothing in this subchapter shall be interpreted as lessening in

any degree the control of the Commission over all matters connected

with the radio equipment and its operation on shipboard and its

decision and determination in regard to the radio requirements,

installations, or exemptions from prescribed radio requirements

shall be final, subject only to review in accordance with law.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 363, formerly Sec. 361, as

added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 196; renumbered

Sec. 363, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706.)

-MISC1-

EFFECTIVE DATE

Section effective May 20, 1937, see section 16 of act May 20,

1937, set out as a note under section 351 of this title.

-End-

-CITE-

47 USC Sec. 362 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 362. Forfeitures; recovery

-STATUTE-

The following forfeitures shall apply to this part, in addition

to the penalties and forfeitures provided by subchapter V of this

chapter:

(a) Any ship that leaves or attempts to leave any harbor or port

of the United States in violation of the provisions of this part,

or the rules and regulations of the Commission made in pursuance

thereof, or any ship of the United States that is navigated outside

of any harbor or port in violation of any of the provisions of this

part, or the rules and regulations of the Commission made in

pursuance thereof, shall forfeit to the United States the sum of

$5,000, recoverable by way of suit or libel. Each such departure or

attempted departure, and in the case of a ship of the United States

each day during which such navigation occurs shall constitute a

separate offense.

(b) Every willful failure on the part of the master of a ship of

the United States to enforce or to comply with the provisions of

this chapter or the rules and regulations of the Commission as to

equipment, operators, watches, or radio service shall cause him to

forfeit to the United States the sum of $1,000.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 364, formerly Sec. 362, as

added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 196; renumbered

Sec. 364, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706;

amended Pub. L. 101-239, title III, Sec. 3002(g), Dec. 19, 1989,

103 Stat. 2131.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in text, commences with section 351 of

this title.

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-239, Sec. 3002(g)(1), substituted

"$5,000" for "$500".

Subsec. (b). Pub. L. 101-239, Sec. 3002(g)(2), substituted

"$1,000" for "$100".

EFFECTIVE DATE

Section effective May 20, 1937, see section 16 of act May 20,

1937, set out as a note under section 351 of this title.

-End-

-CITE-

47 USC Sec. 363 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-

Sec. 363. Automated ship distress and safety systems

-STATUTE-

Notwithstanding any provision of this chapter or any other

provision of law or regulation, a ship documented under the laws of

the United States operating in accordance with the Global Maritime

Distress and Safety System provisions of the Safety of Life at Sea

Convention shall not be required to be equipped with a radio

telegraphy station operated by one or more radio officers or

operators. This section shall take effect for each vessel upon a

determination by the United States Coast Guard that such vessel has

the equipment required to implement the Global Maritime Distress

and Safety System installed and operating in good working

condition.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 365, as added Pub. L.

104-104, title II, Sec. 206, Feb. 8, 1996, 110 Stat. 114.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

47 USC Part III - Radio Installations on Vessels Carrying

Passengers for Hire 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part III - Radio Installations on Vessels Carrying Passengers for

Hire

-HEAD-

PART III - RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR

HIRE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 153, 158, 503, 504 of this

title.

-End-

-CITE-

47 USC Sec. 381 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part III - Radio Installations on Vessels Carrying Passengers for

Hire

-HEAD-

Sec. 381. Vessels transporting more than six passengers for hire

required to be equipped with radiotelephone

-STATUTE-

Except as provided in section 382 of this title, it shall be

unlawful for any vessel of the United States, transporting more

than six passengers for hire, to be navigated in the open sea or

any tidewater within the jurisdiction of the United States adjacent

or contiguous to the open sea, unless such vessel is equipped with

an efficient radiotelephone installation in operating condition.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 381, as added Aug. 6,

1956, ch. 973, Sec. 1, 70 Stat. 1047; amended Pub. L. 103-414,

title III, Sec. 303(a)(20)(A), Oct. 25, 1994, 108 Stat. 4295.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-414 inserted section catchline.

EFFECTIVE DATE

Section 4 of act Aug. 6, 1956, provided that: "The amendments

made herein [enacting this part and amending sections 153 and 504

of this title] shall take effect March 1, 1957."

-End-

-CITE-

47 USC Sec. 382 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part III - Radio Installations on Vessels Carrying Passengers for

Hire

-HEAD-

Sec. 382. Vessels excepted from radiotelephone requirement

-STATUTE-

The provisions of this part shall not apply to -

(1) vessels which are equipped with a radio installation in

accordance with the provisions of part II of this subchapter, or

in accordance with the radio requirements of the Safety

Convention; and

(2) vessels of the United States belonging to and operated by

the Government, and

(3) vessels navigating on the Great Lakes.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 382, as added Aug. 6,

1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 103-414,

title III, Sec. 303(a)(20)(B), Oct. 25, 1994, 108 Stat. 4295; Pub.

L. 104-104, title IV, Sec. 403(h)(2), Feb. 8, 1996, 110 Stat. 131.)

-REFTEXT-

REFERENCES IN TEXT

Part II of this subchapter, referred to in par. (1), is

classified to section 351 et seq. of this title.

-MISC1-

AMENDMENTS

1996 - Par. (2). Pub. L. 104-104 struck out "except a vessel of

the United States Maritime Administration, the Inland and Coastwise

Waterways Service, or the Panama Canal Company," after "the

Government,".

1994 - Pub. L. 103-414 inserted section catchline.

EFFECTIVE DATE

Section effective Mar. 1, 1957, see section 4 of act Aug. 6,

1956, set out as a note under section 381 of this title.

-End-

-CITE-

47 USC Sec. 383 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part III - Radio Installations on Vessels Carrying Passengers for

Hire

-HEAD-

Sec. 383. Exemptions by Commission

-STATUTE-

The Commission shall exempt from the provisions of this part any

vessel, or class of vessels, in the case of which the route or

conditions of the voyage, or other conditions or circumstances, are

such as to render a radio installation unreasonable, unnecessary,

or ineffective, for the purposes of this chapter.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 383, as added Aug. 6,

1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 103-414,

title III, Sec. 303(a)(20)(C), Oct. 25, 1994, 108 Stat. 4295.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-414 inserted section catchline.

EFFECTIVE DATE

Section effective Mar. 1, 1957, see section 4 of act Aug. 6,

1956, set out as a note under section 381 of this title.

-End-

-CITE-

47 USC Sec. 384 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part III - Radio Installations on Vessels Carrying Passengers for

Hire

-HEAD-

Sec. 384. Authority of Commission; operations, installations, and

additional equipment

-STATUTE-

The Commission shall have authority with respect to any vessel

subject to this part -

(1) to specify operating and technical conditions and

characteristics including frequencies, emissions, power,

communication capability and range, of installations required by

reason of this part;

(2) to approve the details as to the location and manner of

installation of the equipment required by this part; or of

equipment necessitated by reason of the purposes and requirements

of this part;

(3) to approve installations, apparatus and spare parts

necessary to comply with the purposes and requirements of this

part;

(4) to prescribe such additional equipment as may be determined

to be necessary to supplement that specified herein for the

proper functioning of the radio installation installed in

accordance with this part or for the proper conduct of radio

communication in time of emergency or distress.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 384, as added Aug. 6,

1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 103-414,

title III, Sec. 303(a)(20)(D), Oct. 25, 1994, 108 Stat. 4295.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-414 inserted section catchline.

EFFECTIVE DATE

Section effective Mar. 1, 1957, see section 4 of act Aug. 6,

1956, set out as a note under section 381 of this title.

-End-

-CITE-

47 USC Sec. 385 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part III - Radio Installations on Vessels Carrying Passengers for

Hire

-HEAD-

Sec. 385. Inspections

-STATUTE-

The Commission or an entity designated by the Commission shall

make such inspections as may be necessary to insure compliance with

the requirements of this part. In accordance with such other

provisions of law as apply to Government contracts, the Commission

may enter into contracts with any person for the purpose of

carrying out such inspections and certifying compliance with those

requirements, and may, as part of any such contract, allow any such

person to accept reimbursement from the license holder for travel

and expense costs of any employee conducting an inspection or

certification.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 385, as added Aug. 6,

1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 103-414,

title III, Sec. 303(a)(20)(E), Oct. 25, 1994, 108 Stat. 4295; Pub.

L. 104-104, title IV, Sec. 403(o), Feb. 8, 1996, 110 Stat. 132.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-104 inserted "or an entity designated by the

Commission" after "The Commission" and inserted at end "In

accordance with such other provisions of law as apply to Government

contracts, the Commission may enter into contracts with any person

for the purpose of carrying out such inspections and certifying

compliance with those requirements, and may, as part of any such

contract, allow any such person to accept reimbursement from the

license holder for travel and expense costs of any employee

conducting an inspection or certification."

1994 - Pub. L. 103-414 inserted section catchline.

EFFECTIVE DATE

Section effective Mar. 1, 1957, see section 4 of act Aug. 6,

1956, set out as a note under section 381 of this title.

-End-

-CITE-

47 USC Sec. 386 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part III - Radio Installations on Vessels Carrying Passengers for

Hire

-HEAD-

Sec. 386. Forfeitures

-STATUTE-

The following forfeitures shall apply to this part in addition to

penalties and forfeitures provided by subchapter V of this chapter:

(a) Any vessel of the United States that is navigated in

violation of the provisions of this part or of the rules and

regulations of the Commission made in pursuance thereof shall

forfeit to the United States the sum of $5,000 recoverable by way

of suit or libel. Each day during which such navigation occurs

shall constitute a separate offense.

(b) Every willful failure on the part of the master of a vessel

of the United States to enforce or to comply with the provisions of

this part or the rules and regulations of the Commission made in

pursuance thereof shall cause him to forfeit to the United States

the sum of $1,000.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 386, as added Aug. 6,

1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 101-239,

title III, Sec. 3002(h), Dec. 19, 1989, 103 Stat. 2131; Pub. L.

103-414, title III, Sec. 303(a)(20)(F), Oct. 25, 1994, 108 Stat.

4295.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-414 inserted section catchline.

1989 - Subsec. (a). Pub. L. 101-239, Sec. 3002(h)(1), substituted

"$5,000" for "$500".

Subsec. (b). Pub. L. 101-239, Sec. 3002(h)(2), substituted

"$1,000" for "$100".

EFFECTIVE DATE

Section effective Mar. 1, 1957, see section 4 of act Aug. 6,

1956, set out as a note under section 381 of this title.

-End-

-CITE-

47 USC Part IV - Assistance for Planning and Construction

of Public Telecommunications Facilities;

Telecommunications Demonstrations;

Corporation for Public Broadcasting; General

Provisions 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

-HEAD-

PART IV - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC

TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS;

CORPORATION FOR PUBLIC BROADCASTING; GENERAL PROVISIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 40 section 14507.

-End-

-CITE-

47 USC subpart a - assistance for planning and

construction of public telecommunications

facilities 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart a - assistance for planning and construction of public

telecommunications facilities

-HEAD-

SUBPART A - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC

TELECOMMUNICATIONS FACILITIES

-End-

-CITE-

47 USC Sec. 390 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart a - assistance for planning and construction of public

telecommunications facilities

-HEAD-

Sec. 390. Declaration of purpose

-STATUTE-

The purpose of this subpart is to assist, through matching

grants, in the planning and construction of public

telecommunications facilities in order to achieve the following

objectives: (1) extend delivery of public telecommunications

services to as many citizens of the United States as possible by

the most efficient and economical means, including the use of

broadcast and nonbroadcast technologies; (2) increase public

telecommunications services and facilities available to, operated

by, and owned by minorities and women; and (3) strengthen the

capability of existing public television and radio stations to

provide public telecommunications services to the public.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 390, as added Pub. L.

87-447, May 1, 1962, 76 Stat. 64; amended Pub. L. 90-129, title I,

Sec. 103(a), title II, Sec. 201(2), Nov. 7, 1967, 81 Stat. 365,

367; Pub. L. 94-309, Sec. 2(c), June 5, 1976, 90 Stat. 683; Pub. L.

95-567, title I, Sec. 101, Nov. 2, 1978, 92 Stat. 2405.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-567 expanded scope of section to authorize

construction financing for telecommunications facilities other than

television and radio broadcasting, and assistance in the planning,

as well as the construction, of such facilities, and substituted

provisions relating to the objectives of this subpart for former

provision relating to the demonstration of the use of

telecommunication technologies for the distribution of information.

1976 - Pub. L. 94-309 designated existing phrase relating to

assistance in the construction of noncommercial educational

broadcasting facilities as cl. (1) and added cl. (2).

1967 - Pub. L. 90-129 inserted "noncommercial" and "or radio" and

substituted "subpart" for "part", respectively.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 403 of Pub. L. 95-567 provided that: "The provisions of

this Act [enacting section 395 of this title, amending this section

and sections 391, 392, 393, 394, and 396 to 398 of this title,

repealing sections 392a and 395 of this title, and enacting

provisions set out as notes under this section, sections 392 and

396 of this title, and section 5316 of Title 5, Government

Organization and Employees], and the amendments made by this Act,

shall take effect on the date of the enactment of this Act [Nov. 2,

1978]."

GRANTS

Pub. L. 100-584, Sec. 3, Nov. 3, 1988, 102 Stat. 2970, provided

that: "The Administrator [of the National Telecommunications and

Information Administration] shall enter into discussions with the

Federal Communications Commission for the purposes of determining

the feasibility of awarding public telecommunications facilities

program grants for low-power television stations and television

translator stations on a conditional basis pending the award by the

Commission of licenses for such stations. The Administrator shall

also work with the Commission to establish a schedule for the

expedited and coordinated consideration, on a regular basis, of

future grant requests and license applications for low-power

television stations and television translator stations. The

Administrator shall, within ninety days after the date of enactment

of this Act [Nov. 3, 1988], report to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Energy and Commerce of the House of Representatives on the progress

made in carrying out the requirements of this section."

STUDY OF EDUCATIONAL AND INSTRUCTIONAL BROADCASTING

Pub. L. 90-129, title III, Secs. 301-303, Nov. 7, 1967, 81 Stat.

373, authorized the Secretary of Health, Education, and Welfare to

conduct, directly or by contract, and in consultation with other

interested Federal agencies, a comprehensive study of instructional

television and radio (including broadcast, closed circuit,

community antenna television, and instructional television fixed

services and two-way communication of data links and computers) and

their relationship to each other and to instructional materials

such as videotapes, films, discs, computers, and other educational

materials or devices, and such other aspects thereof as may be of

assistance in determining whether and what Federal aid should be

provided for instructional radio and television and the form that

aid should take, and which may aid communities, institutions, or

agencies in determining whether and to what extent such activities

should be used. The study was required to be submitted to the

President for transmittal to the Congress on or before June 30,

1969.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 393a, 902 of this title.

-End-

-CITE-

47 USC Sec. 391 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart a - assistance for planning and construction of public

telecommunications facilities

-HEAD-

Sec. 391. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated $42,000,000 for each of

the fiscal years 1992, 1993, and 1994, to be used by the Secretary

of Commerce to assist in the planning and construction of public

telecommunications facilities as provided in this subpart. Sums

appropriated under this subpart for any fiscal year shall remain

available until expended for payment of grants for projects for

which applications approved by the Secretary pursuant to this

subpart have been submitted within such fiscal year. Sums

appropriated under this subpart may be used by the Secretary to

cover the cost of administering the provisions of this subpart.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 391, as added Pub. L.

87-447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90-129, title I,

Sec. 101, Nov. 7, 1967, 81 Stat. 365; Pub. L. 91-97, Sec. 2, Oct.

27, 1969, 83 Stat. 146; Pub. L. 92-411, Sec. 2, Aug. 29, 1972, 86

Stat. 643; Pub. L. 93-84, Sec. 1(c), Aug. 6, 1973, 87 Stat. 219;

Pub. L. 94-309, Sec. 3, June 5, 1976, 90 Stat. 683; Pub. L. 95-567,

title I, Sec. 102, Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97-35,

title XII, Sec. 1222, Aug. 13, 1981, 95 Stat. 725; Pub. L. 99-272,

title V, Sec. 5001(a), Apr. 7, 1986, 100 Stat. 117; Pub. L.

100-626, Sec. 2, Nov. 7, 1988, 102 Stat. 3207; Pub. L. 102-356,

Sec. 2, Aug. 26, 1992, 106 Stat. 949.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-356 substituted provisions authorizing

appropriations of $42,000,000 for each of the fiscal years 1992,

1993, and 1994 for provisions authorizing appropriations of

$40,000,000 for each of the fiscal years 1979, 1980, and 1981,

$20,000,000 for fiscal year 1982, $15,000,000 for fiscal year 1983,

$12,000,000 for fiscal year 1984, $24,000,000 for fiscal year 1986,

$28,000,000 for fiscal year 1987, $32,000,000 for fiscal year 1988,

$36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990,

and $42,000,000 for fiscal year 1991.

1988 - Pub. L. 100-626 struck out "and" after "fiscal year 1987,"

and inserted "$36,000,000 for fiscal year 1989, $39,000,000 for

fiscal year 1990, and $42,000,000 for fiscal year 1991," after

"fiscal year 1988,".

1986 - Pub. L. 99-272 struck out "and" after "1983," and inserted

", $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year

1987, and $32,000,000 for fiscal year 1988," after "1984,".

1981 - Pub. L. 97-35 inserted provisions authorizing

appropriations for fiscal years 1982, 1983, and 1984 of

$20,000,000, $15,000,000, and $12,000,000, respectively.

1978 - Pub. L. 95-567 substituted provisions authorizing

appropriations of $40,000,000 for fiscal years 1979 to 1981 for

provisions authorizing appropriations of $7,500,000 for July 1,

1976 through September 30, 1976 and $30,000,000 for fiscal year

ending September 30, 1977, provision that such funds would remain

available until expended for provision that such funds would remain

available for one year after the last day of the fiscal year, and

also made allowance for the funds to be used for the cost of

administering this section.

1976 - Pub. L. 94-309 substituted provision authorizing

appropriation of $7,500,000 for period July 1, 1976, through

September 30, 1976, and $30,000,000 for fiscal year ending

September 30, 1977, to assist (through matching grants) in the

construction of noncommercial educational television or radio

broadcasting facilities as provided in this subpart and provision

that sums appropriated under this section for any fiscal year or

period shall remain available for payment of grants for projects

for which applications approved under section 392 of this title

have been submitted under such section within one year after the

last day of such fiscal year or period for provision authorizing

appropriation for fiscal year ending June 30, 1974 and for the

succeeding fiscal year such sums not to exceed $25,000,000 for

fiscal year ending June 30, 1974, and $30,000,000 for the

succeeding fiscal year, as may be necessary to carry out the

purposes of section 390 of this title and provision that sums

appropriated under this section for any fiscal year shall remain

available for payment of grants for projects for which applications

approved under section 392 of this title have been submitted under

such section prior to the end of the succeeding fiscal year,

respectively.

1973 - Pub. L. 93-84 substituted authorization of appropriation

of amounts not exceeding $25,000,000 and $30,000,000 for fiscal

year ending June 30, 1974 and the succeeding fiscal year,

respectively, for authorization of appropriation of amount not

exceeding $25,000,000 for fiscal year ending June 30, 1973.

1972 - Pub. L. 92-411 substituted authorization of appropriation

of $25,000,000 for fiscal year ending June 30, 1973, for

authorization of $15,000,000 for such year, and struck out

authorization of appropriations for fiscal years 1963 to 1972.

1969 - Pub. L. 91-97 authorized appropriations of $15,000,000 for

fiscal year ending June 30, 1971, and for each of the two

succeeding fiscal years, and extended date for submission of

applications from "prior to July 1, 1971" to "prior to July 1,

1974".

1967 - Pub. L. 90-129 authorized appropriations of $10,500,000,

and $12,500,000, and $15,000,000 for fiscal years ending June 30,

1968, 1969, and 1970, and extended date for submission of

applications from "prior to July 1, 1968", to "prior to July 1,

1971".

EFFECTIVE DATE OF 1988 AMENDMENT

Section 12 of Pub. L. 100-626 provided that: "This Act and the

amendments made by this Act [amending this section and sections

396, 398, 399, and 605 of this title and enacting provisions set

out as notes under sections 396 and 609 of this title] are

effective on the date of enactment of this Act [Nov. 7, 1988],

except that the amendments made by sections 6 and 7(d) [amending

section 396 of this title] are effective on October 1, 1989."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section

403 of Pub. L. 95-567, set out as a note under section 390 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 393, 902 of this title.

-End-

-CITE-

47 USC Sec. 392 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart a - assistance for planning and construction of public

telecommunications facilities

-HEAD-

Sec. 392. Grants for construction

-STATUTE-

(a) Applications for grants

For each project for the construction of public

telecommunications facilities there shall be submitted to the

Secretary an application for a grant containing such information

with respect to such project as the Secretary may require,

including the total cost of such project, the amount of the grant

requested for such project, and a 5-year plan outlining the

applicant's projected facilities requirements and the projected

costs of such facilities requirements. Each applicant shall also

provide assurances satisfactory to the Secretary that -

(1) the applicant is (A) a public broadcast station; (B) a

noncommercial telecommunications entity; (C) a system of public

telecommunications entities; (D) a nonprofit foundation,

corporation, institution, or association organized primarily for

educational or cultural purposes; or (E) a State or local

government (or any agency thereof), or a political or special

purpose subdivision of a State;

(2) the operation of such public telecommunications facilities

will be under the control of the applicant;

(3) necessary funds to construct, operate, and maintain such

public telecommunications facilities will be available when

needed;

(4) such public telecommunications facilities will be used

primarily for the provision of public telecommunications

services, and that the use of such public telecommunications

facilities for purposes other than the provision of public

telecommunications services will not interfere with the provision

of such public telecommunications services as required in this

part;

(5) the applicant has participated in comprehensive planning

for such public telecommunications facilities in the area which

the applicant proposes to serve, and such planning has included

an evaluation of alternate technologies and coordination with

State educational television and radio agencies, as appropriate;

and

(6) the applicant will make the most efficient use of the

grant.

(b) Amount of grant

Upon approving any application under this section with respect to

any project for the construction of public telecommunications

facilities, the Secretary shall make a grant to the applicant in an

amount determined by the Secretary, except that such amount shall

not exceed 75 percent of the amount determined by the Secretary to

be the reasonable and necessary cost of such project.

(c) Information and assurances

The Secretary may provide such funds as the Secretary deems

necessary for the planning of any project for which construction

funds may be obtained under this section. An applicant for a

planning grant shall provide such information with respect to such

project as the Secretary may require and shall provide assurances

satisfactory to the Secretary that the applicant meets the eligible

requirements of subsection (a) of this section to receive

construction assistance.

(d) Studies

Any studies conducted by or for any grant recipient under this

section shall be provided to the Secretary, if such studies are

conducted through the use of funds received under this section.

(e) Rules and regulations

The Secretary shall establish such rules and regulations as may

be necessary to carry out this subpart, including rules and

regulations relating to the order of priority in approving

applications for construction projects and relating to determining

the amount of each grant for such projects.

(f) Minorities and women

In establishing criteria for grants pursuant to section 393 of

this title and in establishing procedures relating to the order of

priority established in subsection (e) of this section in approving

applications for grants, the Secretary shall give special

consideration to applications which would increase minority and

women's ownership of, operation of, and participation in public

telecommunications entities. The Secretary shall take affirmative

steps to inform minorities and women of the availability of funds

under this subpart, and the localities where new public

telecommunications facilities are needed, and to provide such other

assistance and information as may be appropriate.

(g) Recovering funds

If, within 10 years after completion of any project for

construction of public telecommunications facilities with respect

to which a grant has been made under this section -

(1) the applicant or other owner of such facilities ceases to

be an agency, institution, foundation, corporation, association,

or other entity described in subsection (a)(1) of this section;

or

(2) such facilities cease to be used primarily for the

provision of public telecommunications services (or the use of

such public telecommunications facilities for purposes other than

the provision of public telecommunications services interferes

with the provision of such public telecommunications services as

required in this part);

the United States shall be entitled to recover from the applicant

or other owner of such facilities the amount bearing the same ratio

to the value of such facilities at the time the applicant ceases to

be such an entity or at the time of such determination (as

determined by agreement of the parties or by action brought in the

United States district court for the district in which such

facilities are situated), as the amount of the Federal

participation bore to the cost of construction of such facilities.

(h) Recordkeeping requirements

Each recipient of assistance under this subpart shall keep such

records as may be reasonably necessary to enable the Secretary to

carry out the functions of the Secretary under this subpart,

including a complete and itemized inventory of all public

telecommunications facilities under the control of such recipient,

and records which fully disclose the amount and the disposition by

such recipient of the proceeds of such assistance, the total cost

of the project in connection with which such assistance is given or

used, the amount and nature of that portion of the cost of the

project supplied by other sources, and such other records as will

facilitate an effective audit.

(i) Accessibility of records

The Secretary and the Comptroller General of the United States,

or any of their duly authorized representatives, shall have access

for the purpose of audit and examination to any books, documents,

papers, and records of any recipient of assistance under this

subpart that are pertinent to assistance received under this

subpart.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 392, as added Pub. L.

87-447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90-129, title I,

Secs. 102, 103(b)-(e), 104, Nov. 7, 1967, 81 Stat. 365-367; Pub. L.

94-309, Sec. 4, June 5, 1976, 90 Stat. 683; Pub. L. 95-567, title

I, Sec. 103(a), Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97-35, title

XII, Sec. 1223, Aug. 13, 1981, 95 Stat. 725.)

-MISC1-

AMENDMENTS

1981 - Subsec. (a)(4). Pub. L. 97-35, Sec. 1223(a), inserted

provisions relating to noninterference of facilities with services

required under this part, and substituted "primarily" for "only".

Subsec. (g)(2). Pub. L. 97-35, Sec. 1223(b), substituted

"primarily" for "only", and provisions relating to interference of

uses of facilities for provisions relating to good cause for

release of applicant or owner from requirements.

1978 - Pub. L. 95-567 completely revised and restructured

existing provisions, inserting provisions requiring applicant to

submit a 5 year plan, allowing nonprofit educational or cultural

groups to apply for grants, authorizing the Secretary to make

grants up to 75 percent of the cost, establishing rules and

regulations for approving grants and administering grants made

before, on or after Nov. 2, 1978, and striking out provisions for

an 8 1/2 percent limit on grants and criteria for awarding grants.

1976 - Subsec. (a)(1)(C). Pub. L. 94-309, Sec. 4(a), substituted

"a public or private nonprofit college or university or other

educational or cultural institution which is affiliated with an

eligible college or university" for "a college or university

deriving its support in whole or in part from tax revenues".

Subsec. (d). Pub. L. 94-309, Sec. 4(b), substituted separate

provisions relating to grant criteria for television and for radio

in place of single provision that Secretary shall base his

determinations of whether to approve applications for grants and

the amount of grants on criteria set forth in regulations and

designed to achieve, with respect to noncommercial educational

television channels, prompt and effective use of all such channels

remaining available and, with respect to noncommercial educational

television and radio broadcasting facilities, equitable

geographical distribution of such facilities throughout the States

and provision of such facilities which will serve the greatest

number of persons in as many areas as possible and which are

adaptable to the broadest educational uses.

1967 - Subsec. (a). Pub. L. 90-129, Sec. 103(b)(1), inserted

"noncommercial" and "or radio" in introductory text.

Subsec. (a)(1)(B). Pub. L. 90-129, Sec. 103(b)(2), required the

State educational television agency applicant for a television

facilities project to be a noncommercial agency and inserted

requirement that applicant for a radio facilities project be a

State educational radio agency.

Subsec. (a)(1)(D). Pub. L. 90-129, Sec. 103(b)(3), designated

existing provisions as cl. (i), made such cl. (i) applicable to

television facilities projects and noncommercial television, and

added cl. (ii) and provision for applicant meeting both television

and radio broadcasting requirements.

Subsec. (a)(1)(E). Pub. L. 90-129, Sec. 103(b)(4), added cl. (E).

Subsec. (a)(2) to (4). Pub. L. 90-129, Sec. 103(b)(5), struck out

"television" before "broadcasting facilities" wherever appearing.

Subsec. (a)(5). Pub. L. 90-129, Sec. 103(b)(6), added par. (5).

Subsec. (b). Pub. L. 90-129, Sec. 102, substituted limitation on

grants for construction of noncommercial educational television and

radio broadcasting facilities in any State to 8 1/2 per centum of

fiscal year appropriation for former $1,000,000 limitation for

construction of educational television broadcasting facilities in

any State.

Subsec. (c). Pub. L. 90-129, Sec. 103(c), designated existing

provisions as par. (1), restricted such provisions to noncommercial

educational television broadcasting facilities, and added par. (2).

Subsec. (d). Pub. 90-129, Sec. 103(d), inserted in cls. (2) and

(3) "noncommercial" and "or noncommercial educational radio

broadcasting facilities, as the case may be," before and after

"educational television broadcasting facilities", respectively.

Subsec. (e). Pub. L. 90-129, Sec. 104, increased the maximum

Federal share in the cost of constructing educational broadcasting

facilities from 50 to 75 percent, eliminated the additional credit,

formerly allowed the grantee, of 25 percent of the cost of

facilities owned by the applicant on the date his application is

filed, eliminated the prohibition against using not more than 15

percent of a grant for the acquisition and installation of

interconnection facilities, microwave equipment, boosters,

translators, and repeaters, and provided for payment of cost of the

project from the sum available therefor.

Subsec. (f). Pub. L. 90-129, Sec. 103(e), inserted "or radio" in

introductory text and, in par. (2), "noncommercial" and "or

noncommercial educational radio purposes, as the case may be"

before and after "educational television purposes", respectively.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section

403 of Pub. L. 95-567, set out as a note under section 390 of this

title.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 102 of Pub. L. 90-129 provided that the amendment made by

that section is effective with respect to grants made from

appropriations for any fiscal year beginning after June 30, 1967.

ADMINISTRATION OF GRANTS

Section 103(b) of Pub. L. 95-567 provided that:

"(1) The provisions of section 392(g) of the Communications Act

of 1934 [subsec. (g) of this section], as added by subsection (a),

shall apply to any grant made under section 392 of such Act [this

section] before, on, or after the date of the enactment of this Act

[Nov. 2, 1978]. Any authority and responsibilities of the Secretary

of Health, Education, and Welfare regarding the administration of

such grants are hereby transferred to the Secretary of Commerce.

"(2) Subject to the provisions of section 202 of the Budget and

Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C.

1531], the following are hereby transferred to the Secretary of

Commerce for appropriate allocation -

"(A) the personnel employed in connection with or in support

of, or as an integral part of the mission of, the functions

transferred to the Secretary of Commerce from the Secretary of

Health, Education, and Welfare by paragraph (1); and

"(B) the assets, liabilities, contracts, property, records, and

unexpended balances of appropriations, allocations, and other

funds employed, held, used, arising from, available for, or to be

made available for, or in connection with, the functions

described in subparagraph (A).

Unexpended funds transferred pursuant to this paragraph shall be

used only for the purposes for which the funds originally were

authorized and appropriated.

"(3) The Director of the Office of Management and Budget, in

consultation with the Secretary of Commerce and the Secretary of

Health, Education, and Welfare, shall -

"(A) make such determinations as may be necessary with regard

to the transfer of the functions transferred to the Secretary of

Commerce from the Secretary of Health, Education, and Welfare by

paragraph (1); and

"(B) make such additional incidental dispositions of personnel,

assets, liabilities, contracts, property, records, and unexpended

balances of appropriations, allocations, and other funds

employed, held, used, arising from, available for, or to be made

available for, or in connection with, the functions described in

subparagraph (A);

as the Director may deem necessary to accomplish the purposes of

this Act [see Short Title of 1978 Amendment note set out under

section 609 of this title] and the amendments made by this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 902 of this title.

-End-

-CITE-

47 USC Sec. 392a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart a - assistance for planning and construction of public

telecommunications facilities

-HEAD-

Sec. 392a. Repealed. Pub. L. 95-567, title II, Sec. 201, Nov. 2,

1978, 92 Stat. 2409

-MISC1-

Section, act June 19, 1934, ch. 652, title III, Sec. 392A, as

added June 5, 1976, Pub. L. 94-309, Sec. 8, 90 Stat. 685, related

to demonstrations of telecommunications, grants and contracts.

EFFECTIVE DATE OF REPEAL

Repeal effective Nov. 2, 1978, see section 403 of Pub. L. 95-567,

set out as an Effective Date of 1978 Amendment note under section

390 of this title.

-End-

-CITE-

47 USC Sec. 393 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart a - assistance for planning and construction of public

telecommunications facilities

-HEAD-

Sec. 393. Criteria for approval and expenditures by Secretary

-STATUTE-

(a) Construction and planning grants

The Secretary, in consultation with the Corporation, public

telecommunications entities, and as appropriate with others, shall

establish criteria for making construction and planning grants.

Such criteria shall be consistent with the objectives and

provisions set forth in this subpart, and shall be made available

to interested parties upon request.

(b) Basis for determination

The Secretary shall base determinations of whether to approve

applications for grants under this subpart, and the amount of such

grants, on criteria developed pursuant to subsection (a) of this

section and designed to achieve -

(1) the provision of new telecommunications facilities to

extend service to areas currently not receiving public

telecommunications services;

(2) the expansion of the service areas of existing public

telecommunications entities;

(3) the development of public telecommunications facilities

owned by, operated by, and available to minorities and women; and

(4) the improvement of the capabilities of existing public

broadcast stations to provide public telecommunications services,

including services to underserved audiences such as deaf and

hearing impaired individuals and blind and visually impaired

individuals.

(c) Noncommercial radio broadcast station facilities

Of the sums appropriated pursuant to section 391 of this title

for any fiscal year, a substantial amount shall be available for

the expansion and development of noncommercial radio broadcast

station facilities.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 393, as added Pub. L.

87-447, May 1, 1962, 76 Stat. 66; amended Pub. L. 90-129, title II,

Sec. 201(2), Nov. 7, 1967, 81 Stat. 367; Pub. L. 95-567, title I,

Sec. 104, Nov. 2, 1978, 92 Stat. 2408; Pub. L. 99-272, title V,

Sec. 5001(b), Apr. 7, 1986, 100 Stat. 117; Pub. L. 102-356, Sec. 3,

Aug. 26, 1992, 106 Stat. 949.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(4). Pub. L. 102-356 inserted before period at

end ", including services to underserved audiences such as deaf and

hearing impaired individuals and blind and visually impaired

individuals".

1986 - Subsecs. (c), (d). Pub. L. 99-272 redesignated subsec. (d)

as (c) and struck out former subsec. (c) relating to extension of

services to new areas.

1978 - Pub. L. 95-567 amended section generally, striking out

provisions dealing with keeping records and access to records by

Secretary and Comptroller General and inserting provisions dealing

with criteria for approval and expenditures by Secretary. See

sections 392(h) and 395(h) of this title.

1967 - Pub. L. 90-129 substituted "subpart" for "part" wherever

appearing.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section

403 of Pub. L. 95-567, set out as a note under section 390 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 392, 902 of this title.

-End-

-CITE-

47 USC Sec. 393a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart a - assistance for planning and construction of public

telecommunications facilities

-HEAD-

Sec. 393a. Long-range planning for facilities

-STATUTE-

(a) The Secretary, in consultation with the Corporation, public

telecommunications entities, and as appropriate with other parties,

shall develop a long-range plan to accomplish the objectives set

forth in section 390 of this title. Such plan shall include a

detailed 5-year projection of the broadcast and nonbroadcast public

telecommunications facilities required to meet such objectives, and

the expenditures necessary to provide such facilities.

(b) Repealed. Pub. L. 104-66, title I, Sec. 1021(a), Dec. 21,

1995, 109 Stat. 712.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 393A, formerly Sec. 396,

as added Pub. L. 87-447, May 1, 1962, 76 Stat. 67; renumbered Sec.

394 and amended Pub. L. 90-129, title II, Sec. 201(2), (4), Nov. 7,

1967, 81 Stat. 367; Pub. L. 95-567, title I, Sec. 105, Nov. 2,

1978, 92 Stat. 2409; renumbered Sec. 393A, Pub. L. 101-437, title

II, Sec. 203(a)(1), Oct. 17, 1990, 104 Stat. 998; Pub. L. 104-66,

title I, Sec. 1021(a), Dec. 21, 1995, 109 Stat. 712.)

-MISC1-

AMENDMENTS

1995 - Subsec. (b). Pub. L. 104-66 struck out subsec. (b) which

read as follows: "The plan required in subsection (a) of this

section shall be updated annually, and a summary of the activities

of the Secretary in implementing the plan, shall be submitted

concurrently to the President and the Congress not later than the

31st day of December of each year."

1978 - Pub. L. 95-567 substituted provisions dealing with

long-range planning for facilities for provisions authorizing the

Secretary to establish rules and regulations necessary for this

subpart. See section 392(e) of this title.

1967 - Pub. L. 90-129, Sec. 201(2), substituted "subpart" for

"part".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section

403 of Pub. L. 95-567, set out as a note under section 390 of this

title.

-End-

-CITE-

47 USC subpart b - national endowment for children's

educational television 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart b - national endowment for children's educational television

-HEAD-

SUBPART B - NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL

TELEVISION

-End-

-CITE-

47 USC Sec. 394 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart b - national endowment for children's educational television

-HEAD-

Sec. 394. Establishment of National Endowment

-STATUTE-

(a) Purpose

It is the purpose of this section to enhance the education of

children through the creation and production of television

programming specifically directed toward the development of

fundamental intellectual skills.

(b) Establishment; contracts and grants

(1) There is established, under the direction of the Secretary, a

National Endowment for Children's Educational Television. In

administering the National Endowment, the Secretary is authorized

to -

(A) contract with the Corporation for the production of

educational television programming for children; and

(B) make grants directly to persons proposing to create and

produce educational television programming for children.

The Secretary shall consult with the Advisory Council on Children's

Educational Television in the making of the grants or the awarding

of contracts for the purpose of making the grants.

(2) Contracts and grants under this section shall be made on the

condition that the programming shall -

(A) during the first two years after its production, be made

available only to public television licensees and permittees and

noncommercial television licensees and permittees; and

(B) thereafter be made available to any commercial television

licensee or permittee or cable television system operator, at a

charge established by the Secretary that will assure the maximum

practicable distribution of such programming, so long as such

licensee, permittee, or operator does not interrupt the

programming with commercial advertisements.

The Secretary may, consistent with the purpose and provisions of

this section, permit the programming to be distributed to persons

using other media, establish conditions relating to such

distribution, and apply those conditions to any contract or grant

made under this section. The Secretary may waive the requirements

of subparagraph (A) if the Secretary finds that neither public

television licensees and permittees nor noncommercial television

licensees and permittees will have an opportunity to air such

programming in the first two years after its production.

(c) Criteria for contracts and grants; applications for contracts

and grants

(1) The Secretary, with the advice of the Advisory Council on

Children's Educational Television, shall establish criteria for

making contracts and grants under this section. Such criteria shall

be consistent with the purpose and provisions of this section and

shall be made available to interested parties upon request. Such

criteria shall include -

(A) criteria to maximize the amount of programming that is

produced with the funds made available by the Endowment;

(B) criteria to minimize the costs of -

(i) selection of grantees,

(ii) administering the contracts and grants, and

(iii) the administrative costs of the programming production;

and

(C) criteria to otherwise maximize the proportion of funds made

available by the Endowment that are expended for the cost of

programming production.

(2) Applications for grants under this section shall be submitted

to the Secretary in such form and containing such information as

the Secretary shall require by regulation.

(d) Amount of grants

Upon approving any application for a grant under subsection

(b)(1)(B) of this section, the Secretary shall make a grant to the

applicant in an amount determined by the Secretary, except that

such amounts shall not exceed 75 percent of the amount determined

by the Secretary to be the reasonable and necessary cost of the

project for which the grant is made.

(e) Advisory Council on Children's Educational Television

(1) The Secretary shall establish an Advisory Council on

Children's Educational Television. The Secretary shall appoint ten

individuals as members of the Council and designate one of such

members to serve as Chairman.

(2) Members of the Council shall have terms of two years, and no

member shall serve for more than three consecutive terms. The

members shall have expertise in the fields of education,

psychology, child development, or television programming, or

related disciplines. Officers and employees of the United States

shall not be appointed as members.

(3) While away from their homes or regular places of business in

the performance of duties for the Council, the members of the

Council shall serve without compensation but shall be allowed

travel expenses, including per diem in lieu of subsistence, in

accordance with section 5703 of title 5.

(4) The Council shall meet at the call of the Chairman and shall

advise the Secretary concerning the making of contracts and grants

under this section.

(f) Recordkeeping relating to grants; audits

(1) Each recipient of a grant under this section shall keep such

records as may be reasonably necessary to enable the Secretary to

carry out the Secretary's functions under this section, including

records which fully disclose the amount and the disposition by such

recipient of the proceeds of such grant, the total cost of the

project, the amount and nature of that portion of the cost of the

project supplied by other sources, and such other records as will

facilitate an effective audit.

(2) The Secretary and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access for the purposes of audit and examination to any books,

documents, papers, and records of the recipient that are pertinent

to a grant received under this section.

(g) Issuance of rules and regulations

The Secretary is authorized to make such rules and regulations as

may be necessary to carry out this section, including those

relating to the order of priority in approving applications for

projects under this section or to determining the amounts of

contracts and grants for such projects.

(h) Authorization of appropriations; availability

There are authorized to be appropriated $2,000,000 for fiscal

year 1991, $4,000,000 for fiscal year 1992, $5,000,000 for fiscal

year 1993, and $6,000,000 for fiscal year 1994 to be used by the

Secretary to carry out the provisions of this section. Sums

appropriated under this subsection for any fiscal year shall remain

available for contracts and grants for projects for which

applications approved under this section have been submitted wtihin

(!1) one year after the last day of such fiscal year.

(i) Definitions

For purposes of this section -

(1) the term "educational television programming for children"

means any television program which is directed to an audience of

children who are 16 years of age or younger and which is designed

for the intellectual development of those children, except that

such term does not include any television program which is

directed to a general audience but which might also be viewed by

a significant number of children; and

(2) the term "person" means an individual, partnership,

association, joint stock company, trust, corporation, or State or

local governmental entity.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 394, as added Pub. L.

101-437, title II, Sec. 203(a)(3), Oct. 17, 1990, 104 Stat. 998;

amended Pub. L. 102-538, title I, Sec. 152, formerly Sec. 132, Oct.

27, 1992, 106 Stat. 3540, renumbered Sec. 152, Pub. L. 103-66,

title VI, Sec. 6001(a)(2), Aug. 10, 1993, 107 Stat. 379.)

-MISC1-

PRIOR PROVISIONS

A prior section 394, act June 19, 1934, Sec. 394, was renumbered

section 393A by Pub. L. 101-437 and transferred to section 393a of

this title.

Another prior section 394, act June 19, 1934, Sec. 394, was

renumbered section 397 by Pub. L. 90-129 and transferred to section

397 of this title.

AMENDMENTS

1992 - Subsec. (h). Pub. L. 102-538 substituted "1991," for "1991

and" and inserted ", $5,000,000 for fiscal year 1993, and

$6,000,000 for fiscal year 1994" after "1992".

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by Congress, its duration is otherwise provided by law.

See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

CONGRESSIONAL FINDINGS

Section 202 of Pub. L. 101-437 provided that: "The Congress finds

that -

"(1) children in the United States are lagging behind those in

other countries in fundamental intellectual skills, including

reading, writing, mathematics, science, and geography;

"(2) these fundamental skills are essential for the future

governmental and industrial leadership of the United States;

"(3) the United States must act now to greatly improve the

education of its children;

"(4) television is watched by children about three hours each

day on average and can be effective in teaching children;

"(5) educational television programming for children is aired

too infrequently either because public broadcast licensees and

permittees lack funds or because commercial broadcast licensees

and permittees or cable television system operators do not have

the economic incentive; and

"(6) the Federal Government can assist in the creation of

children's educational television by establishing a National

Endowment for Children's Educational Television to supplement the

children's educational programming funded by other governmental

entities."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 902 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "within".

-End-

-CITE-

47 USC subpart c - telecommunications demonstrations 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart c - telecommunications demonstrations

-HEAD-

SUBPART C - TELECOMMUNICATIONS DEMONSTRATIONS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in title 20 section 3441.

-End-

-CITE-

47 USC Sec. 395 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart c - telecommunications demonstrations

-HEAD-

Sec. 395. Assistance for demonstration projects

-STATUTE-

(a) Authorization for grants and contracts

It is the purpose of this subpart to promote the development of

nonbroadcast telecommunications facilities and services for the

transmission, distribution, and delivery of health, education, and

public or social service information. The Secretary is authorized,

upon receipt of an application in such form and containing such

information as he may by regulation require, to make grants to, and

enter into contracts with, public and private nonprofit agencies,

organizations, and institutions for the purpose of carrying out

telecommunications demonstrations.

(b) Application approval

The Secretary may approve an application submitted under

subsection (a) of this section if he determines that -

(1) the project for which application is made will demonstrate

innovative methods or techniques of utilizing nonbroadcast

telecommunications equipment or facilities to satisfy the purpose

of this subpart;

(2) demonstrations and related activities assisted under this

subpart will remain under the administration and control of the

applicant;

(3) the applicant has the managerial and technical capability

to carry out the project for which the application is made; and

(4) the facilities and equipment acquired or developed pursuant

to the application will be used substantially for the

transmission, distribution, and delivery of health, education, or

public or social service information.

(c) Contract with applicant

Upon approving any application under this subpart with respect to

any project, the Secretary shall make a grant to or enter into a

contract with the applicant in an amount determined by the

Secretary not to exceed the reasonable and necessary cost of such

project. The Secretary shall pay such amount from the sums

available therefor, in advance or by way of reimbursement, and in

such installments consistent with established practice, as he may

determine.

(d) Use of funds

Funds made available pursuant to this subpart shall not be

available for the construction, remodeling, or repair of structures

to house the facilities or equipment acquired or developed with

such funds, except that such funds may be used for minor remodeling

which is necessary for and incidental to the installation of such

facilities or equipment.

(e) "Nonbroadcast telecommunications facilities" defined

For purposes of this section, the term "nonbroadcast

telecommunications facilities" includes, but is not limited to,

cable television systems, communications satellite systems and

related terminal equipment, and other modes of transmitting,

emitting, or receiving images and sounds or intelligence by means

of wire, radio, optical, electromagnetic, or other means.

(f) Funding

The funding of any demonstration pursuant to this subpart shall

continue for not more than 3 years from the date of the original

grant or contract.

(g) Summary and evaluation

The Secretary shall require that the recipient of a grant or

contract under this subpart submit a summary and evaluation of the

results of the demonstration at least annually for each year in

which funds are received pursuant to this section.

(h) Recordkeeping requirements; accessibility

(1) Each recipient of assistance under this subpart shall keep

such records as may be reasonably necessary to enable the Secretary

to carry out the Secretary's functions under this subpart,

including records which fully disclose the amount and the

disposition by such recipient of the proceeds of such assistance,

the total cost of the project or undertaking in connection with

which such assistance is given or used, the amount and nature of

that portion of the cost of the project or undertaking supplied by

other sources, and such other records as will facilitate an

effective audit.

(2) The Secretary and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access for the purposes of audit and examination to any books,

documents, papers, and records of the recipient that are pertinent

to assistance received under this subpart.

(i) Rules and regulations

The Secretary is authorized to make such rules and regulations as

may be necessary to carry out this subpart, including regulations

relating to the order of priority in approving applications for

projects under this subpart or to determining the amounts of grants

for such projects.

(j) Assistance

The Commission is authorized to provide such assistance in

carrying out the provisions of this subpart as may be requested by

the Secretary. The Secretary shall provide for close coordination

with the Commission in the administration of the Secretary's

functions under this subpart which are of interest to or affect the

functions of the Commission. The Secretary shall provide for close

coordination with the Corporation in the administration of the

Secretary's functions under this subpart which are of interest to

or affect the functions of the Corporation.

(k) Authorization of appropriations

There are authorized to be appropriated $1,000,000 for each of

the fiscal years 1979, 1980, and 1981, to be used by the Secretary

to carry out the provisions of this subpart. Sums appropriated

under this subsection for any fiscal year shall remain available

for payment of grants or contracts for projects for which

applications approved under this subpart have been submitted within

one year after the last day of such fiscal year.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 395, as added Pub. L.

95-567, title II, Sec. 201, Nov. 2, 1978, 92 Stat. 2409.)

-MISC1-

PRIOR PROVISIONS

A prior section 395, act June 19, 1934, ch. 652, title III, Sec.

395, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67; amended

Nov. 7, 1967, Pub. L. 90-129, title II, Sec. 201(2), 81 Stat. 367;

June 5, 1976, Pub. L. 94-309, Sec. 5, 90 Stat. 684, related to

assistance of the Secretary by the Commission, prior to repeal by

Pub. L. 95-567, Sec. 201.

EFFECTIVE DATE

Section effective Nov. 2, 1978, see section 403 of Pub. L.

95-567, set out as an Effective Date of 1978 Amendment note under

section 390 of this title.

-End-

-CITE-

47 USC subpart d - corporation for public broadcasting 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart d - corporation for public broadcasting

-HEAD-

SUBPART D - CORPORATION FOR PUBLIC BROADCASTING

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 397, 398 of this title.

-End-

-CITE-

47 USC Sec. 396 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart d - corporation for public broadcasting

-HEAD-

Sec. 396. Corporation for Public Broadcasting

-STATUTE-

(a) Congressional declaration of policy

The Congress hereby finds and declares that -

(1) it is in the public interest to encourage the growth and

development of public radio and television broadcasting,

including the use of such media for instructional, educational,

and cultural purposes;

(2) it is in the public interest to encourage the growth and

development of nonbroadcast telecommunications technologies for

the delivery of public telecommunications services;

(3) expansion and development of public telecommunications and

of diversity of its programming depend on freedom, imagination,

and initiative on both local and national levels;

(4) the encouragement and support of public telecommunications,

while matters of importance for private and local development,

are also of appropriate and important concern to the Federal

Government;

(5) it furthers the general welfare to encourage public

telecommunications services which will be responsive to the

interests of people both in particular localities and throughout

the United States, which will constitute an expression of

diversity and excellence, and which will constitute a source of

alternative telecommunications services for all the citizens of

the Nation;

(6) it is in the public interest to encourage the development

of programming that involves creative risks and that addresses

the needs of unserved and underserved audiences, particularly

children and minorities;

(7) it is necessary and appropriate for the Federal Government

to complement, assist, and support a national policy that will

most effectively make public telecommunications services

available to all citizens of the United States;

(8) public television and radio stations and public

telecommunications services constitute valuable local community

resources for utilizing electronic media to address national

concerns and solve local problems through community programs and

outreach programs;

(9) it is in the public interest for the Federal Government to

ensure that all citizens of the United States have access to

public telecommunications services through all appropriate

available telecommunications distribution technologies; and

(10) a private corporation should be created to facilitate the

development of public telecommunications and to afford maximum

protection from extraneous interference and control.

(b) Establishment of Corporation; application of District of

Columbia Nonprofit Corporation Act

There is authorized to be established a nonprofit corporation, to

be known as the "Corporation for Public Broadcasting", which will

not be an agency or establishment of the United States Government.

The Corporation shall be subject to the provisions of this section,

and, to the extent consistent with this section, to the District of

Columbia Nonprofit Corporation Act.

(c) Board of Directors; functions, duties, etc.

(1) The Corporation for Public Broadcasting shall have a Board of

Directors (hereinafter in this section referred to as the "Board"),

consisting of 9 members appointed by the President, by and with the

advice and consent of the Senate. No more than 5 members of the

Board appointed by the President may be members of the same

political party.

(2) The 9 members of the Board appointed by the President (A)

shall be selected from among citizens of the United States (not

regular full-time employees of the United States) who are eminent

in such fields as education, cultural and civic affairs, or the

arts, including radio and television; and (B) shall be selected so

as to provide as nearly as practicable a broad representation of

various regions of the Nation, various professions and occupations,

and various kinds of talent and experience appropriate to the

functions and responsibilities of the Corporation.

(3) Of the members of the Board appointed by the President under

paragraph (1), one member shall be selected from among individuals

who represent the licensees and permittees of public television

stations, and one member shall be selected from among individuals

who represent the licensees and permittees of public radio

stations.

(4) The members of the initial Board of Directors shall serve as

incorporators and shall take whatever actions are necessary to

establish the Corporation under the District of Columbia Nonprofit

Corporation Act.

(5) The term of office of each member of the Board appointed by

the President shall be 6 years, except as provided in section 5(c)

of the Public Telecommunications Act of 1992. Any member whose term

has expired may serve until such member's successor has taken

office, or until the end of the calendar year in which such

member's term has expired, whichever is earlier. Any member

appointed to fill a vacancy occurring prior to the expiration of

the term for which such member's predecessor was appointed shall be

appointed for the remainder of such term. No member of the Board

shall be eligible to serve in excess of 2 consecutive full terms.

(6) Any vacancy in the Board shall not affect its power, but

shall be filled in the manner consistent with this chapter.

(7) Members of the Board shall attend not less than 50 percent of

all duly convened meetings of the Board in any calendar year. A

member who fails to meet the requirement of the preceding sentence

shall forfeit membership and the President shall appoint a new

member to fill such vacancy not later than 30 days after such

vacancy is determined by the Chairman of the Board.

(d) Election of Chairman and Vice Chairman; compensation of Board

members

(1) Members of the Board shall annually elect one of their

members to be Chairman and elect one or more of their members as a

Vice Chairman or Vice Chairmen.

(2) The members of the Board shall not, by reason of such

membership, be deemed to be officers or employees of the United

States. They shall, while attending meetings of the Board or while

engaged in duties related to such meetings or other activities of

the Board pursuant to this subpart, be entitled to receive

compensation at the rate of $150 per day, including traveltime. No

Board member shall receive compensation of more than $10,000 in any

fiscal year. While away from their homes or regular places of

business, Board members shall be allowed travel and actual,

reasonable, and necessary expenses.

(e) Officers and employees; term of office, compensation,

qualifications, and removal; political party affiliation,

political test or qualification when taking personnel actions

(1) The Corporation shall have a President, and such other

officers as may be named and appointed by the Board for terms and

at rates of compensation fixed by the Board. No officer or employee

of the Corporation may be compensated by the Corporation at an

annual rate of pay which exceeds the rate of basic pay in effect

from time to time for level I of the Executive Schedule under

section 5312 of title 5. No individual other than a citizen of the

United States may be an officer of the Corporation. No officer of

the Corporation, other than the Chairman or a Vice Chairman, may

receive any salary or other compensation (except for compensation

for services on boards of directors of other organizations that do

not receive funds from the Corporation, on committees of such

boards, and in similar activities for such organizations) from any

sources other than the Corporation for services rendered during the

period of his or her employment by the Corporation. Service by any

officer on boards of directors of other organizations, on

committees of such boards, and in similar activities for such

organizations shall be subject to annual advance approval by the

Board and subject to the provisions of the Corporation's Statement

of Ethical Conduct. All officers shall serve at the pleasure of the

Board.

(2) Except as provided in the second sentence of subsection

(c)(1) of this section, no political test or qualification shall be

used in selecting, appointing, promoting, or taking other personnel

actions with respect to officers, agents, and employees of the

Corporation.

(f) Nonprofit and nonpolitical nature of Corporation

(1) The Corporation shall have no power to issue any shares of

stock, or to declare or pay any dividends.

(2) No part of the income or assets of the Corporation shall

inure to the benefit of any director, officer, employee, or any

other individual except as salary or reasonable compensation for

services.

(3) The Corporation may not contribute to or otherwise support

any political party or candidate for elective public office.

(g) Purposes and activities of Corporation; powers under District

of Columbia Nonprofit Corporation Act

(1) In order to achieve the objectives and to carry out the

purposes of this subpart, as set out in subsection (a) of this

section, the Corporation is authorized to -

(A) facilitate the full development of public

telecommunications in which programs of high quality, diversity,

creativity, excellence, and innovation, which are obtained from

diverse sources, will be made available to public

telecommunications entities, with strict adherence to objectivity

and balance in all programs or series of programs of a

controversial nature;

(B) assist in the establishment and development of one or more

interconnection systems to be used for the distribution of public

telecommunications services so that all public telecommunications

entities may disseminate such services at times chosen by the

entities;

(C) assist in the establishment and development of one or more

systems of public telecommunications entities throughout the

United States; and

(D) carry out its purposes and functions and engage in its

activities in ways that will most effectively assure the maximum

freedom of the public telecommunications entities and systems

from interference with, or control of, program content or other

activities.

(2) In order to carry out the purposes set forth in subsection

(a) of this section, the Corporation is authorized to -

(A) obtain grants from and make contracts with individuals and

with private, State, and Federal agencies, organizations, and

institutions;

(B) contract with or make grants to public telecommunications

entities, national, regional, and other systems of public

telecommunications entities, and independent producers and

production entities, for the production or acquisition of public

telecommunications services to be made available for use by

public telecommunications entities, except that -

(i) to the extent practicable, proposals for the provision of

assistance by the Corporation in the production or acquisition

of programs or series of programs shall be evaluated on the

basis of comparative merit by panels of outside experts,

representing diverse interests and perspectives, appointed by

the Corporation; and

(ii) nothing in this subparagraph shall be construed to

prohibit the exercise by the Corporation of its prudent

business judgement with respect to any grant to assist in the

production or acquisition of any program or series of programs

recommended by any such panel;

(C) make payments to existing and new public telecommunications

entities to aid in financing the production or acquisition of

public telecommunications services by such entities, particularly

innovative approaches to such services, and other costs of

operation of such entities;

(D) establish and maintain, or contribute to, a library and

archives of noncommercial educational and cultural radio and

television programs and related materials and develop public

awareness of, and disseminate information about, public

telecommunications services by various means, including the

publication of a journal;

(E) arrange, by grant to or contract with appropriate public or

private agencies, organizations, or institutions, for

interconnection facilities suitable for distribution and

transmission of public telecommunications services to public

telecommunications entities;

(F) hire or accept the voluntary services of consultants,

experts, advisory boards, and panels to aid the Corporation in

carrying out the purposes of this subpart;

(G) conduct (directly or through grants or contracts) research,

demonstrations, or training in matters related to public

television or radio broadcasting and the use of nonbroadcast

communications technologies for the dissemination of

noncommercial educational and cultural television or radio

programs;

(H) make grants or contracts for the use of nonbroadcast

telecommunications technologies for the dissemination to the

public of public telecommunications services; and

(I) take such other actions as may be necessary to accomplish

the purposes set forth in subsection (a) of this section.

Nothing contained in this paragraph shall be construed to commit

the Federal Government to provide any sums for the payment of any

obligation of the Corporation which exceeds amounts provided in

advance in appropriation Acts.

(3) To carry out the foregoing purposes and engage in the

foregoing activities, the Corporation shall have the usual powers

conferred upon a nonprofit corporation by the District of Columbia

Nonprofit Corporation Act, except that the Corporation is

prohibited from -

(A) owning or operating any television or radio broadcast

station, system, or network, community antenna television system,

interconnection system or facility, program production facility,

or any public telecommunications entity, system, or network; and

(B) producing programs, scheduling programs for dissemination,

or disseminating programs to the public.

(4) All meetings of the Board of Directors of the Corporation,

including any committee of the Board, shall be open to the public

under such terms, conditions, and exceptions as are set forth in

subsection (k)(4) of this section.

(5) The Corporation, in consultation with interested parties,

shall create a 5-year plan for the development of public

telecommunications services. Such plan shall be updated annually by

the Corporation.

(h) Free or reduced rate interconnection service; access to

facilities

(1) Nothing in this chapter, or in any other provision of law,

shall be construed to prevent United States communications common

carriers from rendering free or reduced rate communications

interconnection services for public television or radio services,

subject to such rules and regulations as the Commission may

prescribe.

(2) Subject to such terms and conditions as may be established by

public telecommunications entities receiving space satellite

interconnection facilities or services purchased or arranged for,

in whole or in part, with funds authorized under this part, other

public telecommunications entities shall have reasonable access to

such facilities or services for the distribution of educational and

cultural programs to public telecommunications entities. Any

remaining capacity shall be made available to other persons for the

transmission of noncommercial educational and cultural programs and

program information relating to such programs, to public

telecommunications entities, at a charge or charges comparable to

the charge or charges, if any, imposed upon a public

telecommunications entity for the distribution of noncommercial

educational and cultural programs to public telecommunications

entities. No such person shall be denied such access whenever

sufficient capacity is available.

(i) Report to Congress

(1) The Corporation shall submit an annual report for the

preceding fiscal year ending September 30 to the President for

transmittal to the Congress on or before the 15th day of May of

each year. The report shall include -

(A) a comprehensive and detailed report of the Corporation's

operations, activities, financial condition, and accomplishments

under this subpart and such recommendations as the Corporation

deems appropriate;

(B) a comprehensive and detailed inventory of funds distributed

by Federal agencies to public telecommunications entities during

the preceding fiscal year;

(C) a listing of each organization that receives a grant from

the Corporation to produce programming, the name of the producer

of any programming produced under each such grant, the title or

description of any program so produced, and the amount of each

such grant; (!1)

(D) the summary of the annual report provided to the Secretary

pursuant to section 398(b)(4) of this title.

(2) The officers and directors of the Corporation shall be

available to testify before appropriate committees of the Congress

with respect to such report, the report of any audit made by the

Comptroller General pursuant to subsection (l) of this section, or

any other matter which such committees may determine.

(j) Repeal, alteration, or amendment

The right to repeal, alter, or amend this section at any time is

expressly reserved.

(k) Financing restrictions

(1)(A) There is hereby established in the Treasury a fund which

shall be known as the Public Broadcasting Fund (hereinafter in this

subsection referred to as the "Fund"), to be administered by the

Secretary of the Treasury.

(B) There is authorized to be appropriated to the Fund for each

of the fiscal years 1978, 1979, and 1980, an amount equal to 40

percent of the total amount of non-Federal financial support

received by public broadcasting entities during the fiscal year

second preceding each such fiscal year, except that the amount so

appropriated shall not exceed $121,000,000 for fiscal year 1978,

$140,000,000 for fiscal year 1979, and $160,000,000 for fiscal year

1980.

(C) There is authorized to be appropriated to the Fund, for each

of the fiscal years 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988,

1989, 1990, 1991, 1992, and 1993, an amount equal to 40 percent of

the total amount of non-Federal financial support received by

public broadcasting entities during the fiscal year second

preceding each such fiscal year, except that the amount so

appropriated shall not exceed $265,000,000 for fiscal year 1992,

$285,000,000 for fiscal year 1993, $310,000,000 for fiscal year

1994, $375,000,000 for fiscal year 1995, and $425,000,000 for

fiscal year 1996.

(D) In addition to any amounts authorized under any other

provision of this or any other Act to be appropriated to the Fund,

$20,000,000 are hereby authorized to be appropriated to the Fund

(notwithstanding any other provision of this subsection)

specifically for transition from the use of analog to digital

technology for the provision of public broadcasting services for

fiscal year 2001.

(E) Funds appropriated under this subsection shall remain

available until expended.

(F) In recognition of the importance of educational programs and

services, and the expansion of public radio services, to unserved

and underserved audiences, the Corporation, after consultation with

the system of public telecommunications entities, shall prepare and

submit to the Congress an annual report for each of the fiscal

years 1994, 1995, and 1996 on the Corporation's activities and

expenditures relating to those programs and services.

(2)(A) The funds authorized to be appropriated by this subsection

shall be used by the Corporation, in a prudent and financially

responsible manner, solely for its grants, contracts, and

administrative costs, except that the Corporation may not use any

funds appropriated under this subpart for purposes of conducting

any reception, or providing any other entertainment, for any

officer or employee of the Federal Government or any State or local

government. The Corporation shall determine the amount of

non-Federal financial support received by public broadcasting

entities during each of the fiscal years referred to in paragraph

(1) for the purpose of determining the amount of each

authorization, and shall certify such amount to the Secretary of

the Treasury, except that the Corporation may include in its

certification non-Federal financial support received by a public

broadcasting entity during its most recent fiscal year ending

before September 30 of the year for which certification is made.

Upon receipt of such certification, the Secretary of the Treasury

shall make available to the Corporation, from such funds as may be

appropriated to the Fund, the amount authorized for each of the

fiscal years pursuant to the provisions of this subsection.

(B) Funds appropriated and made available under this subsection

shall be disbursed by the Secretary of the Treasury on a fiscal

year basis.

(3)(A)(i) The Corporation shall establish an annual budget for

use in allocating amounts from the Fund. Of the amounts

appropriated into the Fund available for allocation for any fiscal

year -

(I) $10,200,000 shall be available for the administrative

expenses of the Corporation for fiscal year 1989, and for each

succeeding fiscal year the amount which shall be available for

such administrative expenses shall be the sum of the amount made

available to the Corporation under this subclause for such

expenses in the preceding fiscal year plus the greater of 4

percent of such amount or a percentage of such amount equal to

the percentage change in the Consumer Price Index, except that

none of the amounts allocated under subclauses (II), (III), and

(IV) and clause (v) shall be used for any administrative expenses

of the Corporation and not more than 5 percent of all the amounts

appropriated into the Fund available for allocation for any

fiscal year shall be available for such administrative expenses;

(II) 6 percent of such amounts shall be available for expenses

incurred by the Corporation for capital costs relating to

telecommunications satellites, the payment of programming

royalties and other fees, the costs of interconnection facilities

and operations (as provided in clause (iv)(I)), and grants which

the Corporation may make for assistance to stations that

broadcast programs in languages other than English or for

assistance in the provision of affordable training programs for

employees at public broadcast stations, and if the available

funding level permits, for projects and activities that will

enhance public broadcasting;

(III) 75 percent of the remainder (after allocations are made

under subclause (I) and subclause (II)) shall be allocated in

accordance with clause (ii); and

(IV) 25 percent of such remainder shall be allocated in

accordance with clause (iii).

(ii) Of the amounts allocated under clause (i)(III) for any

fiscal year -

(I) 75 percent of such amounts shall be available for

distribution among the licensees and permittees of public

television stations pursuant to paragraph (6)(B); and

(II) 25 percent of such amounts shall be available for

distribution under subparagraph (B)(i), and in accordance with

any plan implemented under paragraph (6)(A), for national public

television programming.

(iii) Of the amounts allocated under clause (i)(IV) for any

fiscal year -

(I) 70 percent of such amounts shall be available for

distribution among the licensees and permittees of public radio

stations pursuant to paragraph (6)(B);

(II) 7 percent of such amounts shall be available for

distribution under subparagraph (B)(i) for public radio

programming; and

(III) 23 percent of such amounts shall be available for

distribution among the licensees and permittees of public radio

stations pursuant to paragraph (6)(B), solely to be used for

acquiring or producing programming that is to be distributed

nationally and is designed to serve the needs of a national

audience.

(iv)(I) From the amount provided pursuant to clause (i)(II), the

Corporation shall defray an amount equal to 50 percent of the total

costs of interconnection facilities and operations to facilitate

the availability of public television and radio programs among

public broadcast stations.

(II) Of the amounts received as the result of any contract, lease

agreement, or any other arrangement under which the Corporation

directly or indirectly makes available interconnection facilities,

50 percent of such amounts shall be distributed to the licensees

and permittees of public television stations and public radio

stations. The Corporation shall not have any authority to establish

any requirements, guidelines, or limitations with respect to the

use of such amounts by such licensees and permittees.

(v) Of the interest on the amounts appropriated into the Fund

which is available for allocation for any fiscal year -

(I) 75 percent shall be available for distribution for the

purposes referred to in clause (ii)(II); and

(II) 25 percent shall be available for distribution for the

purposes referred to in clause (iii)(II) and (III).

(B)(i) The Corporation shall utilize the funds allocated pursuant

to subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II) to make

grants for production of public television or radio programs by

independent producers and production entities and public

telecommunications entities, producers of national children's

educational programming, and producers of programs addressing the

needs and interests of minorities, and for acquisition of such

programs by public telecommunications entities. The Corporation may

make grants to public telecommunications entities and producers for

the production of programs in languages other than English. Of the

funds utilized pursuant to this clause, a substantial amount shall

be distributed to independent producers and production entities,

producers of national children's educational programming, and

producers of programming addressing the needs and interests of

minorities for the production of programs.

(ii) All funds available for distribution under clause (i) shall

be distributed to entities outside the Corporation and shall not be

used for the general administrative costs of the Corporation, the

salaries or related expenses of Corporation personnel and members

of the Board, or for expenses of consultants and advisers to the

Corporation.

(iii)(I) For fiscal year 1990 and succeeding fiscal years, the

Corporation shall, in carrying out its obligations under clause (i)

with respect to public television programming, provide adequate

funds for an independent production service.

(II) Such independent production service shall be separate from

the Corporation and shall be incorporated under the laws of the

District of Columbia for the purpose of contracting with the

Corporation for the expenditure of funds for the production of

public television programs by independent producers and independent

production entities.

(III) The Corporation shall work with organizations or

associations of independent producers or independent production

entities to develop a plan and budget for the operation of such

service that is acceptable to the Corporation.

(IV) The Corporation shall ensure that the funds provided to such

independent production service shall be used exclusively in pursuit

of the Corporation's obligation to expand the diversity and

innovativeness of programming available to public broadcasting.

(V) The Corporation shall report annually to Congress regarding

the activities and expenditures of the independent production

service, including carriage and viewing information for programs

produced or acquired with funds provided pursuant to subclause (I).

At the end of fiscal years 1992, 1993, 1994, and 1995, the

Corporation shall submit a report to Congress evaluating the

performance of the independent production service in light of its

mission to expand the diversity and innovativeness of programming

available to public broadcasting.

(VI) The Corporation shall not contract to provide funds to any

such independent production service, unless that service agrees to

comply with public inspection requirements established by the

Corporation within 3 months after August 26, 1992. Under such

requirements the service shall maintain at its offices a public

file, updated regularly, containing information relating to the

service's award of funds for the production of programming. The

information shall be available for public inspection and copying

for at least 3 years and shall be of the same kind as the

information required to be maintained by the Corporation under

subsection (l)(4)(B) of this section.

(4) Funds may not be distributed pursuant to this subsection to

the Public Broadcasting Service or National Public Radio (or any

successor organization), or to the licensee or permittee of any

public broadcast station, unless the governing body of any such

organization, any committee of such governing body, or any advisory

body of any such organization, holds open meetings preceded by

reasonable notice to the public. All persons shall be permitted to

attend any meeting of the board, or of any such committee or body,

and no person shall be required, as a condition to attendance at

any such meeting, to register such person's name or to provide any

other information. Nothing contained in this paragraph shall be

construed to prevent any such board, committee, or body from

holding closed sessions to consider matters relating to individual

employees, proprietary information, litigation and other matters

requiring the confidential advice of counsel, commercial or

financial information obtained from a person on a privileged or

confidential basis, or the purchase of property or services

whenever the premature exposure of such purchase would compromise

the business interests of any such organization. If any such

meeting is closed pursuant to the provisions of this paragraph, the

organization involved shall thereafter (within a reasonable period

of time) make available to the public a written statement

containing an explanation of the reasons for closing the meeting.

(5) Funds may not be distributed pursuant to this subsection to

any public telecommunications entity that does not maintain for

public examination copies of the annual financial and audit

reports, or other information regarding finances, submitted to the

Corporation pursuant to subsection (l)(3)(B) of this section.

(6)(A) The Corporation shall conduct a study and prepare a plan,

in consultation with public television licensees (or designated

representatives of those licensees) and the Public Broadcasting

Service, on how funds available to the Corporation under paragraph

(3)(A)(ii)(II) can be best allocated to meet the objectives of this

chapter with regard to national public television programming. The

plan, which shall be based on the conclusions resulting from the

study, shall be submitted by the Corporation to the Congress not

later than January 31, 1990. Unless directed otherwise by an Act of

Congress, the Corporation shall implement the plan during the first

fiscal year beginning after the fiscal year in which the plan is

submitted to Congress.

(B) The Corporation shall make a basic grant from the portion

reserved for television stations under paragraph (3)(A)(ii)(I) to

each licensee and permittee of a public television station that is

on the air. The Corporation shall assist radio stations to maintain

and improve their service where public radio is the only broadcast

service available. The balance of the portion reserved for

television stations and the total portion reserved for radio

stations under paragraph (3)(A)(iii)(I) shall be distributed to

licensees and permittees of such stations in accordance with

eligibility criteria (which the Corporation shall review

periodically in consultation with public radio and television

licensees or permittees, or their designated representatives) that

promote the public interest in public broadcasting, and on the

basis of a formula designed to -

(i) provide for the financial needs and requirements of

stations in relation to the communities and audiences such

stations undertake to serve;

(ii) maintain existing, and stimulate new, sources of

non-Federal financial support for stations by providing

incentives for increases in such support; and

(iii) assure that each eligible licensee and permittee of a

public radio station receives a basic grant.

(7) The funds distributed pursuant to paragraph (3)(A)(ii)(I) and

(iii)(I) may be used at the discretion of the recipient for

purposes related primarily to the production or acquisition of

programming.

(8)(A) Funds may not be distributed pursuant to this subpart to

any public broadcast station (other than any station which is owned

and operated by a State, a political or special purpose subdivision

of a State, or a public agency) unless such station establishes a

community advisory board. Any such station shall undertake good

faith efforts to assure that (i) its advisory board meets at

regular intervals; (ii) the members of its advisory board regularly

attend the meetings of the advisory board; and (iii) the

composition of its advisory board are (!2) reasonably

representative of the diverse needs and interests of the

communities served by such station.

(B) The board shall be permitted to review the programming goals

established by the station, the service provided by the station,

and the significant policy decisions rendered by the station. The

board may also be delegated any other responsibilities, as

determined by the governing body of the station. The board shall

advise the governing body of the station with respect to whether

the programming and other policies of such station are meeting the

specialized educational and cultural needs of the communities

served by the station, and may make such recommendations as it

considers appropriate to meet such needs.

(C) The role of the board shall be solely advisory in nature,

except to the extent other responsibilities are delegated to the

board by the governing body of the station. In no case shall the

board have any authority to exercise any control over the daily

management or operation of the station.

(D) In the case of any public broadcast station (other than any

station which is owned and operated by a State, a political or

special purpose subdivision of a State, or a public agency) in

existence on November 2, 1978, such station shall comply with the

requirements of this paragraph with respect to the establishment of

a community advisory board not later than 180 days after November

2, 1978.

(E) The provision of subparagraph (A) prohibiting the

distribution of funds to any public broadcast station (other than

any station which is owned and operated by a State, a political or

special purpose subdivision of a State, or a public agency) unless

such station establishes a community advisory board shall be the

exclusive remedy for the enforcement of the provisions of this

paragraph.

(9) Funds may not be distributed pursuant to this subsection to

the Public Broadcasting Service or National Public Radio (or any

successor organization) unless assurances are provided to the

Corporation that no officer or employee of the Public Broadcasting

Service or National Public Radio (or any successor organization),

as the case may be, will be compensated in excess of reasonable

compensation as determined pursuant to Section (!3) 4958 of title

26 for services that the officer or employee renders to

organization,(!4) and unless further assurances are provided to the

Corporation that no officer or employee of such an entity will be

loaned money by that entity on an interest-free basis.

(10)(A) There is hereby established in the Treasury a fund which

shall be known as the Public Broadcasting Satellite Interconnection

Fund (hereinafter in this subsection referred to as the "Satellite

Interconnection Fund"), to be administered by the Secretary of the

Treasury.

(B) There is authorized to be appropriated to the Satellite

Interconnection Fund, for fiscal year 1991, the amount of

$200,000,000. If such amount is not appropriated in full for fiscal

year 1991, the portion of such amount not yet appropriated is

authorized to be appropriated for fiscal years 1992 and 1993. Funds

appropriated to the Satellite Interconnection Fund shall remain

available until expended.

(C) The Secretary of the Treasury shall make available and

disburse to the Corporation, at the beginning of fiscal year 1991

and of each succeeding fiscal year thereafter, such funds as have

been appropriated to the Satellite Interconnection Fund for the

fiscal year in which such disbursement is to be made.

(D) Notwithstanding any other provision of this subsection except

paragraphs (4), (5), (8), and (9), all funds appropriated to the

Satellite Interconnection Fund and interest thereon -

(i) shall be distributed by the Corporation to the licensees

and permittees of noncommercial educational television broadcast

stations providing public telecommunications services or the

national entity they designate for satellite interconnection

purposes and to those public telecommunications entities

participating in the public radio satellite interconnection

system or the national entity they designate for satellite

interconnection purposes, exclusively for the capital costs of

the replacement, refurbishment, or upgrading of their national

satellite interconnection systems and associated maintenance of

such systems; and

(ii) shall not be used for the administrative costs of the

Corporation, the salaries or related expenses of Corporation

personnel and members of the Board, or for expenses of

consultants and advisers to the Corporation.

(11)(A) Funds may not be distributed pursuant to this subsection

for any fiscal year to the licensee or permittee of any public

broadcast station if such licensee or permittee -

(i) fails to certify to the Corporation that such licensee or

permittee complies with the Commission's regulations concerning

equal employment opportunity as published under section 73.2080

of title 47, Code of Federal Regulations, or any successor

regulations thereto; or

(ii) fails to submit to the Corporation the report required by

subparagraph (B) for the preceding calendar year.

(B) A licensee or permittee of any public broadcast station with

more than five full-time employees to file annually with the

Corporation a statistical report, consistent with reports required

by Commission regulation, identifying by race and sex the number of

employees in each of the following full-time and part-time job

categories:

(i) Officials and managers.

(ii) Professionals.

(iii) Technicians.

(iv) Semiskilled operatives.

(v) Skilled craft persons.

(vi) Clerical and office personnel.

(vii) Unskilled operatives.

(viii) Service workers.

(C) In addition, such report shall state the number of job

openings occurring during the course of the year. Where the job

openings were filled in accordance with the regulations described

in subparagraph (A)(i), the report shall so certify, and where the

job openings were not filled in accordance with such regulations,

the report shall contain a statement providing reasons therefor.

The statistical report shall be available to the public at the

central office and at every location where more than five full-time

employees are regularly assigned to work.

(12) Funds may not be distributed under this subsection to any

public broadcasting entity that directly or indirectly -

(A) rents contributor or donor names (or other personally

identifiable information) to or from, or exchanges such names or

information with, any Federal, State, or local candidate,

political party, or political committee; or

(B) discloses contributor or donor names, or other personally

identifiable information, to any nonaffiliated third party unless

-

(i) such entity clearly and conspicuously discloses to the

contributor or donor that such information may be disclosed to

such third party;

(ii) the contributor or donor is given the opportunity,

before the time that such information is initially disclosed,

to direct that such information not be disclosed to such third

party; and

(iii) the contributor or donor is given an explanation of how

the contributor or donor may exercise that nondisclosure

option.

(l) Financial management and records

(1)(A) The accounts of the Corporation shall be audited annually

in accordance with generally accepted auditing standards by

independent certified public accountants or independent licensed

public accountants certified or licensed by a regulatory authority

of a State or other political subdivision of the United States,

except that such requirement shall not preclude shared auditing

arrangements between any public telecommunications entity and its

licensee where such licensee is a public or private institution.

The audits shall be conducted at the place or places where the

accounts of the Corporation are normally kept. All books, accounts,

financial records, reports, files, and all other papers, things, or

property belonging to or in use by the Corporation and necessary to

facilitate the audits shall be made available to the person or

persons conducting the audits; and full facilities for verifying

transactions with the balances or securities held by depositories,

fiscal agents and custodians shall be afforded to such person or

persons.

(B) The report of each such independent audit shall be included

in the annual report required by subsection (i) of this section.

The audit report shall set forth the scope of the audit and include

such statements as are necessary to present fairly the

Corporation's assets and liabilities, surplus or deficit, with an

analysis of the changes therein during the year, supplemented in

reasonable detail by a statement of the Corporation's income and

expenses during the year, and a statement of the sources and

application of funds, together with the independent auditor's

opinion of those statements.

(2)(A) The financial transactions of the Corporation for any

fiscal year during which Federal funds are available to finance any

portion of its operations may be audited by the General Accounting

Office in accordance with the principles and procedures applicable

to commercial corporate transactions and under such rules and

regulations as may be prescribed by the Comptroller General of the

United States. Any such audit shall be conducted at the place or

places where accounts of the Corporation are normally kept. The

representative of the General Accounting Office shall have access

to all books, accounts, records, reports, files, and all other

papers, things, or property belonging to or in use by the

Corporation pertaining to its financial transactions and necessary

to facilitate the audit, and they shall be afforded full facilities

for verifying transactions with the balances or securities held by

depositories, fiscal agents, and custodians. All such books,

accounts, records, reports, files, papers and property of the

corporation shall remain in possession and custody of the

Corporation.

(B) A report of each such audit shall be made by the Comptroller

General to the Congress. The report to the Congress shall contain

such comments and information as the Comptroller General may deem

necessary to inform Congress of the financial operations and

condition of the Corporation, together with such recommendations

with respect thereto as he may deem advisable. The report shall

also show specifically any program, expenditure, or other financial

transaction or undertaking observed in the course of the audit,

which, in the opinion of the Comptroller General, has been carried

on or made without authority of law. A copy of each report shall be

furnished to the President, to the Secretary, and to the

Corporation at the time submitted to the Congress.

(3)(A) Not later than 1 year after November 2, 1978, the

Corporation, in consultation with the Comptroller General, and as

appropriate with others, shall develop accounting principles which

shall be used uniformly by all public telecommunications entities

receiving funds under this subpart, taking into account

organizational differences among various categories of such

entities. Such principles shall be designed to account fully for

all funds received and expended for public telecommunications

purposes by such entities.

(B) Each public telecommunications entity receiving funds under

this subpart shall be required -

(i) to keep its books, records, and accounts in such form as

may be required by the Corporation;

(ii)(I) to undergo a biennial audit by independent certified

public accountants or independent licensed public accountants

certified or licensed by a regulatory authority of a State, which

audit shall be in accordance with auditing standards developed by

the Corporation, in consultation with the Comptroller General; or

(II) to submit a financial statement in lieu of the audit

required by subclause (I) if the Corporation determines that the

cost burden of such audit on such entity is excessive in light of

the financial condition of such entity; and

(iii) to furnish biennially to the Corporation a copy of the

audit report required pursuant to clause (ii), as well as such

other information regarding finances (including an annual

financial report) as the Corporation may require.

(C) Any recipient of assistance by grant or contract under this

section, other than a fixed price contract awarded pursuant to

competitive bidding procedures, shall keep such records as may be

reasonably necessary to disclose fully the amount and the

disposition by such recipient of such assistance, the total cost of

the project or undertaking in connection with which such assistance

is given or used, and the amount and nature of that portion of the

cost of the project or undertaking supplied by other sources, and

such other records as will facilitate an effective audit.

(D) The Corporation or any of its duly authorized representatives

shall have access to any books, documents, papers, and records of

any recipient of assistance for the purpose of auditing and

examining all funds received or expended for public

telecommunications purposes by the recipient. The Comptroller

General of the United States or any of his duly authorized

representatives also shall have access to such books, documents,

papers, and records for the purpose of auditing and examining all

funds received or expended for public telecommunications purposes

during any fiscal year for which Federal funds are available to the

Corporation.

(4)(A) The Corporation shall maintain the information described

in subparagraphs (B), (C), and (D) at its offices for public

inspection and copying for at least 3 years, according to such

reasonable guidelines as the Corporation may issue. This public

file shall be updated regularly. This paragraph shall be effective

August 26, 1992, and shall apply to all grants awarded after

January 1, 1993.

(B) Subsequent to any award of funds by the Corporation for the

production or acquisition of national broadcasting programming

pursuant to subsection (k)(3)(A)(ii)(II) or (iii)(II) of this

section, the Corporation shall make available for public inspection

the following:

(i) Grant and solicitation guidelines for proposals for such

programming.

(ii) The reasons for selecting the proposal for which the award

was made.

(iii) Information on each program for which the award was made,

including the names of the awardee and producer (and if the

awardee or producer is a corporation or partnership, the

principals of such corporation or partnership), the monetary

amount of the award, and the title and description of the program

(and of each program in a series of programs).

(iv) A report based on the final audit findings resulting from

any audit of the award by the Corporation or the Comptroller

General.

(v) Reports which the Corporation shall require to be provided

by the awardee relating to national public broadcasting

programming funded, produced, or acquired by the awardee with

such funds. Such reports shall include, where applicable, the

information described in clauses (i), (ii), and (iii), but shall

exclude proprietary, confidential, or privileged information.

(C) The Corporation shall make available for public inspection

the final report required by the Corporation on an annual basis

from each recipient of funds under subsection (k)(3)(A)(iii)(III)

of this section, excluding proprietary, confidential, or privileged

information.

(D) The Corporation shall make available for public inspection an

annual list of national programs distributed by public broadcasting

entities that receive funds under subsection (k)(3)(A)(ii)(III) or

(iii)(II) of this section and are engaged primarily in the national

distribution of public television or radio programs. Such list

shall include the names of the programs (or program series),

producers, and providers of funding.

(m) Needs of minorities and other groups

(1) Prior to July 1, 1989, and every three years thereafter, the

Corporation shall compile an assessment of the needs of minority

and diverse audiences, the plans of public broadcasting entities

and public telecommunications entities to address such needs, the

ways radio and television can be used to help these

underrepresented groups, and projections concerning minority

employment by public broadcasting entities and public

telecommunications entities. Such assessment shall address the

needs of racial and ethnic minorities, new immigrant populations,

people for whom English is a second language, and adults who lack

basic reading skills.

(2) Commencing July 1, 1989, the Corporation shall prepare an

annual report on the provision by public broadcasting entities and

public telecommunications entities of service to the audiences

described in paragraph (1). Such report shall address programming

(including that which is produced by minority producers), training,

minority employment, and efforts by the Corporation to increase the

number of minority public radio and television stations eligible

for financial support from the Corporation. Such report shall

include a summary of the statistical reports received by the

Corporation pursuant to subsection (k)(11) of this section, and a

comparison of the information contained in those reports with the

information submitted by the Corporation in the previous year's

annual report.

(3) As soon as they have been prepared, each assessment and

annual report required under paragraphs (1) and (2) shall be

submitted to Congress.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 396, as added Pub. L.

90-129, title II, Sec. 201(9), Nov. 7, 1967, 81 Stat. 368; amended

Pub. L. 90-294, Apr. 26, 1968, 82 Stat. 108; Pub. L. 91-97, Sec. 3,

Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-437, Sec. 2, Oct. 7, 1970,

84 Stat. 888; Pub. L. 92-411, Sec. 1, Aug. 29, 1972, 86 Stat. 643;

Pub. L. 93-84, Sec. 1(a), (b), Aug. 6, 1973, 87 Stat. 219; Pub. L.

94-192, Secs. 2-4, Dec. 31, 1975, 89 Stat. 1099, 1100; Pub. L.

95-567, title III, Secs. 301-303(a), 304-307(a), 308, Nov. 2, 1978,

92 Stat. 2411, 2412, 2414, 2415, 2419; Pub. L. 97-35, title XII,

Secs. 1224, 1225(a)(1), (b), (c), 1226, 1227(a)-(c)(3), (d)(1),

(2), (e)-(g), 1228, 1234(a), Aug. 13, 1981, 95 Stat. 725-730, 736;

Pub. L. 98-214, Secs. 3, 5, 6, Dec. 8, 1983, 97 Stat. 1467-1469;

Pub. L. 99-272, title V, Sec. 5001(c), Apr. 7, 1986, 100 Stat. 117;

Pub. L. 100-626, Secs. 3, 4(a), 5-9(a), Nov. 7, 1988, 102 Stat.

3207-3211; Pub. L. 102-356, Secs. 4, 5(a), (b), 6-14, Aug. 26,

1992, 106 Stat. 949-953; Pub. L. 105-277, div. A, Sec. 101(f)

[title VII, Sec. 701], Oct. 21, 1998, 112 Stat. 2681-337, 2681-389;

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5002(a)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-592; Pub. L. 107-20, title II,

Sec. 2702, July 24, 2001, 115 Stat. 182.)

-REFTEXT-

REFERENCES IN TEXT

The District of Columbia Nonprofit Corporation Act, referred to

in subsecs. (b), (c)(4), and (g)(3), is Pub. L. 87-569, Aug. 6,

1962, 76 Stat. 265, as amended, which is not classified to the

Code.

Section 5(c) of the Public Telecommunications Act of 1992,

referred to in subsec. (c)(5), is section 5(c) of Pub. L. 102-356,

which is set out below.

-MISC1-

PRIOR PROVISIONS

A prior section 396, act June 19, 1934, ch. 652, title III, Sec.

396, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, was

renumbered section 394 by Pub. L. 90-129, and subsequently

renumbered section 393A by Pub. L. 101-437, and is classified to

section 393a of this title.

AMENDMENTS

2001 - Subsec. (k)(1)(D) to (F). Pub. L. 107-20 added subpar. (D)

and redesignated former subpars. (D) and (E) as (E) and (F),

respectively.

1999 - Subsec. (k)(12). Pub. L. 106-113 added par. (12).

1998 - Subsec. (k)(9). Pub. L. 105-277 which directed the

substitution of "in excess of reasonable compensation as determined

pursuant to Section 4958 of title 26 for services that the officer

or employee renders to organization" for "at an annual rate of pay

which exceeds the rate of basic pay in effect from time to time for

level I of the Executive Schedule under 5312 of title 5,", was

executed by making the substitution for text which read "section

5312 of title 5" to reflect the probable intent of Congress.

1992 - Subsec. (a)(8) to (10). Pub. L. 102-356, Sec. 4, added

pars. (8) and (9) and redesignated former par. (8) as (10).

Subsec. (c)(1). Pub. L. 102-356, Sec. 5(a)(1), substituted "9"

for "10" and "5" for "6".

Subsec. (c)(2). Pub. L. 102-356, Sec. 5(a)(2), substituted "9"

for "10".

Subsec. (c)(5). Pub. L. 102-356, Sec. 5(b), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "The term

of office of each member of the Board appointed by the President

shall be 5 years, except that any member appointed to fill a

vacancy occurring prior to the expiration of the term for which his

predecessor was appointed shall be appointed for the remainder of

such term. No member of the Board shall be eligible to serve in

excess of 2 consecutive terms of 5 years each."

Subsec. (e)(1). Pub. L. 102-356, Sec. 6, inserted fourth sentence

and struck out former fourth sentence which read as follows: "No

officer of the Corporation, other than the Chairman or a Vice

Chairman, may receive any salary or other compensation from any

source other than the Corporation for services rendered during the

period of his employment by the Corporation."

Subsec. (i)(1)(C), (D). Pub. L. 102-356, Sec. 7, added subpar.

(C) and redesignated former subpar. (C) as (D).

Subsec. (k)(1)(C). Pub. L. 102-356, Sec. 8(a), inserted

provisions authorizing appropriations of $310,000,000 for fiscal

year 1994, $375,000,000 for fiscal year 1995, and $425,000,000 for

fiscal year 1996, and struck out provisions authorizing

appropriations of $180,000,000 for fiscal year 1981, $200,000,000

for fiscal year 1982, $220,000,000 for fiscal year 1983,

$145,000,000 for fiscal year 1984, $153,000,000 for fiscal year

1985, $162,000,000 for fiscal year 1986, $200,000,000 for fiscal

year 1987, $214,000,000 for fiscal year 1988, $238,000,000 for

fiscal year 1989, $254,000,000 for fiscal year 1990, and

$245,000,000 for fiscal year 1991.

Subsec. (k)(1)(E). Pub. L. 102-356, Sec. 8(b), added subpar. (E).

Subsec. (k)(3)(A)(i)(II). Pub. L. 102-356, Sec. 9, inserted "or

for assistance in the provision of affordable training programs for

employees at public broadcast stations" after "other than English".

Subsec. (k)(3)(B)(iii)(V). Pub. L. 102-356, Sec. 10, inserted

before period at end of first sentence ", including carriage and

viewing information for programs produced or acquired with funds

provided pursuant to subclause (I)" and substituted "fiscal years

1992, 1993, 1994, and 1995" for "fiscal year 1992" in second

sentence.

Subsec. (k)(3)(B)(iii)(VI). Pub. L. 102-356, Sec. 14(b), added

subcl. (VI).

Subsec. (k)(6)(B). Pub. L. 102-356, Sec. 11, inserted "(which the

Corporation shall review periodically in consultation with public

radio and television licensees or permittees, or their designated

representatives)" after "eligibility criteria".

Subsec. (k)(11). Pub. L. 102-356, Sec. 12(a), added par. (11).

Subsec. (l)(3)(B)(ii). Pub. L. 102-356, Sec. 13(a), (b)(1),

designated existing provisions as subcl. (I), substituted

"biennial" for "biannual", substituted "or" for "and" after

semicolon, and added subcl. (II).

Subsec. (l)(3)(B)(iii). Pub. L. 102-356, Sec. 13(b)(2),

substituted "biennially" for "biannually".

Subsec. (l)(4). Pub. L. 102-356, Sec. 14(a), added par. (4) and

struck out former par. (4) which consisted of subpars. (A) to (C)

relating to National Public Radio's system of financial controls

and budget and requiring Corporation to report to Congress not

later than 15 days after Dec. 8, 1983, on actions taken by National

Public Radio with respect to deficits it accumulated before Oct. 1,

1983.

Subsec. (m)(2). Pub. L. 102-356, Sec. 12(b), inserted at end

"Such report shall include a summary of the statistical reports

received by the Corporation pursuant to subsection (k)(11), and a

comparison of the information contained in those reports with the

information submitted by the Corporation in the previous year's

annual report."

1988 - Subsec. (a)(6) to (8). Pub. L. 100-626, Sec. 5, added par.

(6) and redesignated former pars. (6) and (7) as (7) and (8),

respectively.

Subsec. (g)(2)(B)(ii). Pub. L. 100-626, Sec. 6, struck out

"contract or" after "respect to any".

Subsec. (k)(1)(C). Pub. L. 100-626, Sec. 3, substituted "1990,

1991, 1992, and 1993" for "and 1990" and "40 percent" for "50

percent", struck out "and" after "fiscal year 1989,", and inserted

", $245,000,000 for fiscal year 1991, $265,000,000 for fiscal year

1992, and $285,000,000 for fiscal year 1993" after "fiscal year

1990".

Subsec. (k)(3)(A)(i)(I), (II). Pub. L. 100-626, Sec. 7(a)(1),

(2), amended subcls. (I) and (II) generally. Prior to amendment,

subcls. (I) and (II) read as follows:

"(I) not more than 5 percent of such amounts shall be available

for the administrative expenses of the Corporation;

"(II) not less than 5 percent of such amounts shall be

available for other expenses incurred by the Corporation,

including capital costs relating to telecommunications

satellites, the payment of programming royalties and other fees,

and the costs of interconnection facilities and operations (as

provided in clause (iv)(I)), except that the total amount

available for obligation for any fiscal year under this subclause

and subclause (I) shall not exceed 10 percent of the amounts

appropriated into the Fund available for allocation for such

fiscal year;".

Subsec. (k)(3)(A)(i)(III). Pub. L. 100-626, Sec. 7(a)(3),

substituted "clause (ii)" for "clause (ii)(I)".

Subsec. (k)(3)(A)(ii)(II). Pub. L. 100-626, Sec. 7(b),

substituted ", and in accordance with any plan implemented under

paragraph (6)(A), for national public" for "for public".

Subsec. (k)(3)(A)(iii). Pub. L. 100-626, Sec. 7(c), amended cl.

(iii) generally. Prior to amendment, cl. (iii) read as follows: "Of

the amounts allocated under clause (i)(IV) for any fiscal year -

"(I) not less than 50 percent of such amounts (as determined

under paragraph (6)(A)) shall be available for distribution among

the licensees and permittees of public radio stations pursuant to

paragraph (6)(B); and

"(II) not more than 50 percent of such amounts (as determined

under paragraph (6)(A)) shall be available for distribution under

subparagraph (B)(i) for public radio."

Subsec. (k)(3)(A)(iv)(I). Pub. L. 100-626, Sec. 7(e), substituted

"From the amount provided pursuant to clause (i)(II)," for "Subject

to the provisions of clause (v),".

Subsec. (k)(3)(A)(v). Pub. L. 100-626, Sec. 7(d), amended cl. (v)

generally. Prior to amendment, cl. (v) read as follows: "If the

expenses incurred by the Corporation under clause (i)(II) for any

fiscal year for -

"(I) capital costs relating to telecommunications satellites;

"(II) the payment of programming royalties and other fees; and

"(III) the costs of interconnection facilities and operations

(as provided in clause (iv));

exceed 6 percent of the amounts appropriated into the Fund

available for allocation for such fiscal year, then 75 percent of

such excess costs shall be defrayed by the licensees and permittees

of public television stations from amounts available to such

licensees and permittees under clause (ii)(I) and 25 percent of

such excess costs shall be defrayed by the licensees and permittees

of public radio stations from amounts available to such licensees

and permittees under clause (iii)(I)."

Subsec. (k)(3)(B)(i). Pub. L. 100-626, Sec. 7(f), amended cl. (i)

generally. Prior to amendment, cl. (i) read as follows: "The

Corporation shall utilize the funds allocated pursuant to

subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II), and a

significant portion of such other funds as may be available to the

Corporation, to make grants and contracts for production of public

television or radio programs by independent producers and

production entities and public telecommunications entities, and for

acquisition of such programs by public telecommunications entities.

Of the funds utilized pursuant to this clause, a substantial amount

shall be reserved for distribution to independent producers and

production entities for the production of programs."

Subsec. (k)(3)(B)(iii). Pub. L. 100-626, Sec. 8, added cl. (iii).

Subsec. (k)(3)(C). Pub. L. 100-626, Sec. 7(g), struck out subpar.

(C) which related to limit on expenditure by Corporation in fiscal

year 1981 of an amount equal to not more than 5 percent of funds

made available by Secretary of the Treasury.

Subsec. (k)(3)(D). Pub. L. 100-626, Sec. 7(g), struck out subpar.

(D) which related to expenditure by Corporation of 105 percent of

amount derived for preceding fiscal year, for activities authorized

under subsection (g)(2) of this section, in fiscal years 1982 and

1983.

Subsec. (k)(6)(A). Pub. L. 100-626, Sec. 7(h), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

"The Corporation, in consultation with public radio stations and

with National Public Radio (or any successor organization), shall

determine the percentage of funds allocated under subclause (I) and

subclause (II) of paragraph (3)(A)(iii) for each fiscal year. The

Corporation, in consultation with such organizations, also shall

conduct an annual review of the criteria and conditions applicable

to such allocations."

Subsec. (k)(6)(B). Pub. L. 100-626, Sec. 7(i), inserted after

first sentence "The Corporation shall assist radio stations to

maintain and improve their service where public radio is the only

broadcast service available."

Subsec. (k)(7). Pub. L. 100-626, Sec. 7(j), inserted "(ii)(I) and

(iii)(I)" after "paragraph (3)(A)".

Subsec. (k)(10). Pub. L. 100-626, Sec. 4(a), added par. (10).

Subsec. (m). Pub. L. 100-626, Sec. 9(a), added subsec. (m).

1986 - Subsec. (k)(1)(C). Pub. L. 99-272, Sec. 5001(c)(1),

substituted "1986, 1987, 1988, 1989, and 1990" for "and 1986",

struck out "and" after "fiscal year 1985,", and inserted ",

$200,000,000 for fiscal year 1987, $214,000,000 for fiscal year

1988, $238,000,000 for fiscal year 1989, and $254,000,000 for

fiscal year 1990" before period at end.

Subsec. (k)(3)(A)(i)(II). Pub. L. 99-272, Sec. 5001(c)(2), struck

out "research, training, technical assistance, engineering,

instructional support, payment of interest on indebtedness," after

"Corporation, including".

Subsec. (k)(8) to (10). Pub. L. 99-272, Sec. 5001(c)(3),

redesignated paragraphs (9) and (10) as (8) and (9), respectively.

Former subsec. (8), which related to refunding to the Corporation

of an amount equal to the amount of unrelated business income tax,

was struck out.

1983 - Subsec. (c)(1). Pub. L. 98-214, Sec. 6(a), struck out ",

and the President of the Corporation" after "advice and consent of

the Senate" and provision directing that the President of the

Corporation serve as the Chairman of the Board.

Subsec. (d)(1). Pub. L. 98-214, Sec. 6(b)(1), inserted "elect one

of their members to be Chairman and" after "Members of the Board

shall annually".

Subsec. (e)(1). Pub. L. 98-214, Sec. 6(c), substituted "No

officer of the Corporation, other than the Chairman or a Vice

Chairman" for "No officer of the Corporation, other than a Vice

Chairman".

Subsec. (k)(1)(C). Pub. L. 98-214, Sec. 3(a), substituted ",

$145,000,000 for fiscal year 1984, $153,000,000 for fiscal year

1985, and $162,000,000 for fiscal year 1986" for ", and

$130,000,000 for each of the fiscal years 1984, 1985, and 1986".

Subsec. (k)(10). Pub. L. 98-214, Sec. 3(b), inserted provision

requiring assurances that no officer or employee of such entity

will be loaned money by that entity on an interest-free basis.

Subsec. (l)(4). Pub. L. 98-214, Sec. 5, added par. (4).

1981 - Subsec. (a)(5). Pub. L. 97-35, Sec. 1224, inserted

provisions respecting alternative telecommunications services.

Subsec. (c). Pub. L. 97-35, Sec. 1225(a)(1), amended subsec. (c)

generally, substituting provisions respecting appointment,

selection, service, etc., of the ten members of the Board of

Directors, for provisions respecting appointment, selection,

service, etc., of the 15 members of the Board of Directors.

Subsec. (d). Pub. L. 97-35, Sec. 1225(b), amended subsec. (d)

generally, substituting in par. (1) provisions respecting election,

status, compensation, etc., of Vice Chairman, for provisions

respecting election, status, compensation, etc., of Chairman and

Vice Chairman.

Subsec. (e)(1). Pub. L. 97-35, Sec. 1225(c), inserted reference

to services rendered by a Vice Chairman, and struck out reference

to the Chairman.

Subsec. (g). Pub. L. 97-35, Sec. 1234(a), struck out par. (5)

relating to study and report concerning manner of including

personal services of volunteers in determining non-Federal

financial support, and redesignated par. (6) as (5).

Subsec. (i)(1). Pub. L. 97-35, Sec. 1226, substituted "May" for

"February".

Subsec. (k)(1)(C). Pub. L. 97-35, Sec. 1227(a), extended

authorization of appropriations through 1986.

Subsec. (k)(2)(B). Pub. L. 97-35, Sec. 1227(b), substituted

fiscal year basis for disbursement for quarterly basis.

Subsec. (k)(3)(A). Pub. L. 97-35, Sec. 1227(c)(1), amended

subpar. (A) generally, substituting provisions mandating the

establishment by the Corporation of an annual budget for use in

allocating amounts from the Fund, setting out the allocation and

distribution formulae, and providing for interconnecting facilities

and operations costs for making public television and radio

programs available to public broadcast stations for former

provisions which had directed the Corporation to reserve for

distribution among the licensees and permittees of public

television and radio stations an amount equal to (i) not less than

40 percent of the funds disbursed by the Corporation from the Fund

under this section in each fiscal year in which the amount

disbursed was $88,000,000 or more, but less than $121,000,000; (ii)

not less than 45 percent of such funds in each fiscal year in which

the amount disbursed was $121,000,000 or more, but less than

$160,000,000; and (iii) not less than 50 percent of such funds in

each fiscal year in which the amount disbursed was $160,000,000 or

more.

Subsec. (k)(3)(B)(i). Pub. L. 97-35, Sec. 1227(c)(2), amended cl.

(i) generally, substituting "The Corporation shall utilize the

funds allocated pursuant to subparagraph (A)(ii)(II) and

subparagraph (A)(iii)(II), and a significant portion of such other

funds as may be available to the Corporation, to make grants and

contracts for production of public television or radio programs by

independent producers and production entities and public

telecommunications entities, and for acquisition of such programs

by public telecommunications entities. Of the funds utilized

pursuant to this clause, a substantial amount shall be reserved for

distribution to independent producers and production entities for

the production of programs" for "The Corporation shall establish an

annual budget according to which it shall made grants and contracts

for production of public television or radio programs by

independent producers and production entities and public

telecommunications entities, for acquisition of such programs by

public telecommunications entities, for interconnection facilities

and operations, for distribution of funds among public

telecommunications entities, and for engineering and

program-related research. A significant portion of funds available

under the budget established by the Corporation under this

subparagraph shall be used for funding the production of television

and radio programs. Of such portion, a substantial amount shall be

reserved for distribution to independent producers and production

entities for the production of programs".

Subsec. (k)(3)(B)(ii). Pub. L. 97-35, Sec. 1227(c)(3)(A), amended

cl. (ii) generally, substituting "available for distribution under

clause (i)" for "contained in the annual budget established by the

Corporation under clause (i)".

Subsec. (k)(3)(B)(iii), (iv). Pub. L. 97-35, Sec. 1227(c)(3)(B),

struck out cls. (iii) and (iv) which had provided, respectively,

that "During each of the fiscal years 1981, 1982, and 1983, the

annual budget established by the Corporation under clause (i) shall

consist of not less than 95 percent of the funds made available by

the Secretary of the Treasury to the Corporation pursuant to

paragraph (2)(A)" and that "In determining the amount of funds

which shall be made available for radio programming and operations

under this subparagraph, the Corporation shall take into account

the increased financial needs relating to radio programming and

operations resulting from the expansion and development of

noncommercial radio broadcast station facilities through the use of

funds made available pursuant to section 393(d) of this title".

Subsec. (k)(6)(A). Pub. L. 97-35, Sec. 1227(d)(1), amended

subpar. (A) generally, substituting "The Corporation, in

consultation with public radio stations and with National Public

Radio (or any successor organization), shall determine the

percentage of funds allocated under subclause (I) and subclause

(II) of paragraph (3)(A)(iii) for each fiscal year. The

Corporation, in consultation with such organizations, also shall

conduct an annual review of the criteria and conditions applicable

to such allocations" for "The Corporation, in consultation with

public television and radio licensees, shall review annually the

percentage of funds reserved pursuant to paragraph (3)(A), and the

criteria and conditions regarding the division and distribution of

such funds among public television and radio stations".

Subsec. (k)(6)(B). Pub. L. 97-35, Sec. 1227(d)(2), amended

subpar. (B) generally, striking out provision that the funds

reserved for public broadcast stations pursuant to paragraph (3)(A)

be divided into two portions, one to be distributed among radio

stations and one to be distributed among television stations in the

provisions preceding cl. (i) and inserting "under paragraph

(3)(A)(ii)(I)" and "under paragraph (3)(A)(iii)(I)".

Subsec. (k)(7). Pub. L. 97-35, Sec. 1227(e), amended par. (7)

generally, substituting provisions relating to use of funds

distributed for provisions limiting amount of funds distributed.

Subsec. (k)(8). Pub. L. 97-35, Sec. 1227(f), amended par. (8)

generally, substituting provisions relating to refunding funds to

the Corporation for provisions relating to the use of funds

distributed.

Subsec. (k)(9). Pub. L. 97-35, Sec. 1227(g), in subpar. (A)

substituted "to assure that (i) its advisory board meets at regular

intervals; (ii) the members of its advisory board regularly attend

the meetings of the advisory board; and (iii) the composition of

its advisory board are reasonably representative of the diverse

needs" for "to assure that the composition of its advisory board

reasonably reflects the diverse needs" and in subpars. (A), (D),

and (E) inserted provisions respecting stations owned and operated

by a State, a political or special purpose subdivision of a State

or a public agency.

Subsec. (l). Pub. L. 97-35, Sec. 1228, inserted provisions in

par. (1)(A) respecting shared auditing arrangements, and

substituted in par. (3)(B)(ii) and (iii) provisions relating to

biannual audits and accompanying report, for provisions relating to

annual audits and accompanying report.

1978 - Subsec. (a). Pub. L. 95-567, Sec. 301, substituted

"public" for "noncommercial educational" and "telecommunications"

for "radio and television" wherever appearing and inserted

provisions relating to the growth and development of nonbroadcast

telecommunications technologies for the delivery of public

telecommunications services.

Subsec. (d)(1). Pub. L. 95-567, Sec. 302, struck out provision

authorizing the President to designate one of the members first

appointed to the Board as Chairman.

Subsec. (e)(1). Pub. L. 95-567, Sec. 303(a), inserted provision

which regulated the rate of compensation an officer or employee of

the Corporation could receive.

Subsec. (g). Pub. L. 95-567, Sec. 304, amended subsec. (g)

generally, substituting "public telecommunications" for

"educational broadcasting", "noncommercial educational television

or radio", or "program production" wherever appearing, authorizing

panel of outside experts to evaluate programs, authorizing

Corporation to use its own judgment when dealing with programming,

and striking out provision dealing with the creation of new

noncommercial educational broadcast stations.

Subsec. (h). Pub. L. 95-567, Sec. 305, designated existing

provisions as par. (1) and added par. (2).

Subsec. (i). Pub. L. 95-567, Sec. 306, revised and restructured

subsection and, as so restructured, substituted "September 30" for

"June 30", "15th day of February" for "31st day of December", and

inserted provisions comprising pars. (1)(B) and (C).

Subsec. (k). Pub. L. 95-567, Sec. 307(a), completely revised and

restructured subsec. (k) and, in so doing, inserted provisions

establishing an annual budget, authorizing funds for the fiscal

years 1978 to 1983, requiring funds be disbursed on a quarterly

basis, requiring that all meetings of entities receiving funds be

open to the public, and that the financial records of such entities

be available for public examination.

Subsec. (l)(3). Pub. L. 95-567, Sec. 308, completely revised and

restructured par. (3) and, in so doing, inserted provisions

requiring an annual audit, furnishing a copy of the audit report,

and use of uniform accounting principals.

1975 - Subsec. (g)(2)(H). Pub. L. 94-192, Sec. 3, inserted "and

the use of nonbroadcast communications technologies for the

dissemination of educational television or radio programs" after

"broadcasting".

Subsec. (i). Pub. L. 94-192, Sec. 4, directed that officers and

directors be available to testify before Congressional committees

concerning the annual fiscal report, audit report, or any other

matter.

Subsec. (k)(3) to (7). Pub. L. 94-192, Sec. 2, added pars. (3) to

(7).

1973 - Subsec. (k)(1). Pub. L. 93-84, Sec. 1(a), substituted

authorization of appropriation of $50,000,000 and $60,000,000 for

the fiscal years ending June 30, 1974 and June 30, 1975,

respectively, for authorization of appropriation of $40,000,000 for

the fiscal year ending June 30, 1973.

Subsec. (k)(2). Pub. L. 93-84, Sec. 1(b), substituted "1975" for

"1973".

1972 - Subsec. (k)(1). Pub. L. 92-411 struck out authorization of

appropriation for fiscal years ending June 30, 1969, June 30, 1970,

and the two succeeding fiscal years and provided for an

appropriation of $40,000 for fiscal year ending June 30, 1973.

Subsec. (k)(2). Pub. L. 92-411 substituted "June 30, 1973" for

"June 30, 1972".

1970 - Subsec. (k). Pub. L. 91-437 authorized appropriations of

$20,000,000 for the fiscal year ending June 30, 1970, and

$30,000,000 for each of the two succeeding fiscal years, and

further authorized appropriation of amounts equal to the amount of

total grants, donations, bequests, or other contributions from

non-Federal sources received by the Corporation during each fiscal

year with a maximum limit of $5,000,000 for any fiscal year.

1969 - Subsec. (k)(1). Pub. L. 91-97, Sec. 3(a), inserted "and

for the next fiscal year the sum of $20,000,000" after "the sum of

$9,000,000".

Subsec. (k)(2). Pub. L. 91-97, Sec. 3(b), inserted "or the next

fiscal year" after "the fiscal year ending June 30, 1969,".

1968 - Subsec. (k). Pub. L. 90-294 substituted "1969" for "1968".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5002(b)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-593, provided that: "The

amendment made by subsection (a) [amending this section] shall

apply with respect to funds distributed on or after 6 months after

the date of the enactment of this Act [Nov. 29, 1999]."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 22 of Pub. L. 102-356 provided that: "Section 5(a)

[amending this section] shall take effect on January 31, 1996. All

other provisions of this Act [amending this section and sections

303b, 391, and 393 of this title, enacting provisions set out as

notes under this section and sections 303 and 609 of this title,

and repealing provisions set out as a note under section 303 of

this title] are effective on its date of enactment [Aug. 26,

1992]."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by sections 6 and 7(d) of Pub. L. 100-626 effective

Oct. 1, 1989, see section 12 of Pub. L. 100-626, set out as a note

under section 391 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 1227(c)(4) of Pub. L. 97-35 provided that: "The

amendments made in this subsection [amending this section] shall

apply to fiscal years beginning after September 30, 1983."

Section 1227(d)(3) of Pub. L. 97-35 provided that: "The

amendments made in this subsection [amending this section] shall

apply to fiscal years beginning after September 30, 1983."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section

403 of Pub. L. 95-567, set out as a note under section 390 of this

title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which reports required under subsecs. (i), (k)(3)(B)(iii)(V)(1st

sentence), and (m) of this section are listed as the 10th through

13th items on page 199), see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance.

TRANSITION RULES RELATING TO TERM OF OFFICE OF BOARD OF DIRECTORS

OF CORPORATION FOR PUBLIC BROADCASTING

Section 5(c) of Pub. L. 102-356 provided that:

"(1) With respect to the three offices whose terms are prescribed

by law to expire on March 26, 1992, the term for each such office

immediately after that date shall expire on January 31, 1998.

"(2) With respect to the two offices whose terms are prescribed

by law to expire on March 1, 1994, the term for each of such

offices immediately after that date shall expire on January 31,

2000.

"(3) With respect to the five offices whose terms are prescribed

by law to expire on March 26, 1996 -

"(A) one such office, as selected by the President, shall be

abolished on January 31, 1996;

"(B) the term immediately after March 26, 1996, for another

such office, as designated by the President, shall expire on

January 31, 2000; and

"(C) the term for each of the remaining three such offices

immediately after March 26, 1996, shall expire on January 31,

2002.

"(4) As used in this subsection, the term 'office' means an

office as a member of the Board of Directors of the Corporation for

Public Broadcasting."

OBJECTIVITY AND BALANCE POLICY, PROCEDURES, AND REPORT

Section 19 of Pub. L. 102-356 provided that: "Pursuant to the

existing responsibility of the Corporation for Public Broadcasting

under section 396(g)(1)(A) of the Communications Act of 1934 (47

U.S.C. 396(g)(1)(A)) to facilitate the full development of public

telecommunications in which programs of high quality, diversity,

creativity, excellence, and innovation, which are obtained from

diverse sources, will be made available to public

telecommunications entities, with strict adherence to objectivity

and balance in all programs or series of programs of a

controversial nature, the Board of Directors of the Corporation

shall -

"(1) review the Corporation's existing efforts to meet its

responsibility under section 396(g)(1)(A);

"(2) after soliciting the views of the public, establish a

comprehensive policy and set of procedures to -

"(A) provide reasonable opportunity for members of the public

to present comments to the Board regarding the quality,

diversity, creativity, excellence, innovation, objectivity, and

balance of public broadcasting services, including all public

broadcasting programming of a controversial nature, as well as

any needs not met by those services;

"(B) review, on a regular basis, national public broadcasting

programming for quality, diversity, creativity, excellence,

innovation, objectivity, and balance, as well as for any needs

not met by such programming;

"(C) on the basis of information received through such

comment and review, take such steps in awarding programming

grants pursuant to clauses (ii)(II), (iii)(II), and (iii)(III)

of section 396(k)(3)(A) of the Communications Act of 1934 (47

U.S.C. 396(k)(3)(A)) that it finds necessary to meet the

Corporation's responsibility under section 396(g)(1)(A),

including facilitating objectivity and balance in programming

of a controversial nature; and

"(D) disseminate among public broadcasting entities

information about its efforts to address concerns about

objectivity and balance relating to programming of a

controversial nature so that such entities can utilize the

Corporation's experience in addressing such concerns within

their own operations; and

"(3) starting in 1993, by January 31 of each year, prepare and

submit to the President for transmittal to the Congress a report

summarizing its efforts pursuant to paragraphs (1) and (2)."

CONSUMER INFORMATION; DISCLOSURE OF FUNDING

Section 20 of Pub. L. 102-356 provided that: "Prior to the

expiration of the 90-day period following the date of the enactment

of this Act [Aug. 26, 1992], the Corporation for Public

Broadcasting, in consultation with representatives of public

broadcasting entities, shall develop guidelines to assure that

program credits for public television programs that receive

production funding directly from the Corporation for Public

Broadcasting adequately disclose that all or a portion of the cost

of producing such program was paid for by funding from the

Corporation for Public Broadcasting, and that indicates in some

manner that the Corporation for Public Broadcasting is partially

funded from Federal tax revenues."

INDEPENDENT PRODUCTION SERVICE FUNDING

Section 21 of Pub. L. 102-356 provided that: "In making available

funding pursuant to authorizations under this Act [see Short Title

of 1992 Amendment note set out under section 609 of this title],

any independent production service established under section 396(k)

of the Communications Act of 1934 (47 U.S.C. 396(k)) shall, to the

maximum extent practicable and consistent with the provisions of

the Communications Act of 1934 [47 U.S.C. 151 et seq.], provide

such funding to eligible recipients and projects representing the

widest possible geographic distribution, with the objective of

providing funding to eligible recipients and projects in each State

from which qualified proposals are received over the course of such

authorizations."

SATELLITE REPLACEMENT NEEDS; REPORT TO CONGRESS

Section 4(b) of Pub. L. 100-626 directed Corporation for Public

Broadcasting, on behalf of the public radio and public television

licensees and permittees (or their designated representatives), to

submit to Congress on or before Mar. 1, 1990, a report by such

licensees or permittees (or their representatives) detailing the

satellite replacement needs of public radio and public television,

the difference in cost between leasing satellite transponder

capacity and buying such capacity, and the availability of private

sector rather than Federal financing.

CONTINUATION OF INDIVIDUALS SERVING ON THE BOARD OF DIRECTORS;

REDUCTION IN MEMBERSHIP OF BOARD; POLITICAL AFFILIATION OF BOARD

APPOINTEES; ABOLITION OF FIVE OFFICES ON MARCH 1, 1984

Section 1225(a)(2) of Pub. L. 97-35, as amended by Pub. L.

97-410, Sec. 4, Jan. 3, 1983, 96 Stat. 2044, provided that:

"(A) The amendment made in paragraph (1) [amending this section]

shall not affect the continuation in office of any individual

serving on the Board of Directors of the Corporation for Public

Broadcasting on the date of the enactment of this Act [Aug. 13,

1981].

"(B) Notwithstanding the provisions of subsection (c) of section

396 of the Communications Act of 1934 [subsec. (c) of this

section], in the case of the offices of director the terms of which

expired March 1982, persons appointed to fill two of such vacancies

existing as of December 13, 1982, shall be appointed for terms

which shall expire on March 1, 1984 and shall not be

respresentative [sic] of the political party having a majority of

the directors of the Board on December 13, 1982. Persons appointed

for a term beginning March 1, 1984, to fill the vacancies occurring

in such offices the terms of which, by reason of the preceding

sentence, expire on March 1, 1984, shall not be filled by persons

representing the political party having a majority of the directors

of the Board on March 1, 1984. Persons appointed on or after March

1, 1984, to fill vacancies in the two such offices shall be

appointed for terms of five years. On March 1, 1984, there are

abolished those five offices of director the terms of which,

without application of the preceding provisions of this paragraph,

expire on such date. In administering the provisions of this

paragraph a director is a minority member of the Board if he is not

a member of the political party to which the majority of the

directors of the Board are members."

TEMPORARY COMMISSION ON ALTERNATIVE FINANCING FOR PUBLIC

TELECOMMUNICATIONS; COMPOSITION; PERSONNEL; FUNCTIONS; REPORT;

DEMONSTRATION PROGRAMS FOR DETERMINING FEASIBILITY OF PERMITTING

PUBLIC TELEVISION STATIONS AND PUBLIC RADIO STATION LICENSEES TO

BROADCAST ADVERTISING ANNOUNCEMENTS

Sections 1232 and 1233 of Pub. L. 97-35 established a Temporary

Commission on Alternative Financing for Public Telecommunications

for the purpose of conducting a study, to be submitted to Congress

not later than July 1, 1982, regarding options which may be

available to public telecommunications entities, the Public

Broadcasting Service, and National Public Radio with respect to

development of sources of revenue in addition to sources available

to such entities on Aug. 13, 1981, further provided for membership

of the Temporary Commission as well as other administrative

matters, further authorized the Temporary Commission to establish a

demonstration program to allow broadcast advertising announcements

on public radio and television stations, which would run from Jan.

1, 1982, to June 30, 1983, further directed the Temporary

Commission to submit to Congress, not later than Oct. 1, 1983, a

report on the demonstration program, and further provided for the

termination of the Temporary Commission 90 days after the

submission of this report to Congress.

COMPENSATION OF OFFICERS AND EMPLOYEES

Section 303(b) of Pub. L. 95-567 provided that: "The amendment

made by subsection (a) [amending this section] shall not be

construed to reduce the annual rate of pay of any officer or

employee of the Corporation for Public Broadcasting in any case in

which (1) such officer or employee was appointed or named to any

position in the Corporation before the date of the enactment of

this Act [Nov. 2, 1978]; and (2) the annual rate of pay for such

position, as in effect on such date of enactment, exceeds the

maximum rate of pay established in section 396(e)(1) of the

Communications Act of 1934 [subsec. (e)(1) of this section], as

amended by subsection (a)."

Section 307(b) of Pub. L. 95-567 provided that: "Section

396(k)(10) of the Communications Act of 1934 [subsec. (k)(10) of

this section], as added by subsection (a), shall not be construed

to reduce the annual rate of pay of any officer or employee of the

Public Broadcasting Service or National Public Radio (or any

successor organization) in any case in which (1) such officer or

employee was appointed or named to any position in the Public

Broadcasting Service or National Public Radio (or any successor

organization) before the date of the enactment of this Act [Nov. 2,

1978]; and (2) the annual rate of pay for such position, as in

effect on such date of enactment, exceeds the maximum rate of pay

established in section 396(k)(10) of the Communications Act of 1934

[subsec. (k)(10) of this section], as added by subsection (a)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 398, 399b, 535 of this

title; title 17 section 114.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "and".

(!2) So in original. Probably should be "is".

(!3) So in original. Probably should not be capitalized.

(!4) So in original. Probably should be "the organization,".

-End-

-CITE-

47 USC subpart e - general provisions 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart e - general provisions

-HEAD-

SUBPART E - GENERAL PROVISIONS

-End-

-CITE-

47 USC Sec. 397 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart e - general provisions

-HEAD-

Sec. 397. Definitions

-STATUTE-

For the purposes of this part -

(1) The term "construction" (as applied to public

telecommunications facilities) means acquisition (including

acquisition by lease), installation, and modernization of public

telecommunications facilities and planning and preparatory steps

incidental to any such acquisition, installation, or modernization.

(2) The term "Corporation" means the Corporation for Public

Broadcasting authorized to be established in subpart D.

(3) The term "interconnection" means the use of microwave

equipment, boosters, translators, repeaters, communication space

satellites, or other apparatus or equipment for the transmission

and distribution of television or radio programs to public

telecommunications entities.

(4) The term "interconnection system" means any system of

interconnection facilities used for the distribution of programs to

public telecommunications entities.

(5) The term "meeting" means the deliberations of at least the

number of members of a governing or advisory body, or any committee

thereof, required to take action on behalf of such body or

committee where such deliberations determine or result in the joint

conduct or disposition of the governing or advisory body's

business, or the committee's business, as the case may be, but only

to the extent that such deliberations relate to public

broadcasting.

(6) The terms "noncommercial educational broadcast station" and

"public broadcast station" mean a television or radio broadcast

station which -

(A) under the rules and regulations of the Commission in effect

on November 2, 1978, is eligible to be licensed by the Commission

as a noncommercial educational radio or television broadcast

station and which is owned and operated by a public agency or

nonprofit private foundation, corporation, or association; or

(B) is owned and operated by a municipality and which transmits

only noncommercial programs for education purposes.

(7) The term "noncommercial telecommunications entity" means any

enterprise which -

(A) is owned and operated by a State, a political or special

purpose subdivision of a State, a public agency, or a nonprofit

private foundation, corporation, or association; and

(B) has been organized primarily for the purpose of

disseminating audio or video noncommercial educational and

cultural programs to the public by means other than a primary

television or radio broadcast station, including, but not limited

to, coaxial cable, optical fiber, broadcast translators,

cassettes, discs, microwave, or laser transmission through the

atmosphere.

(8) The term "nonprofit" (as applied to any foundation,

corporation, or association) means a foundation, corporation, or

association, no part of the net earnings of which inures, or may

lawfully inure, to the benefit of any private shareholder or

individual.

(9) The term "non-Federal financial support" means the total

value of cash and the fair market value of property and services

(including, to the extent provided in the second sentence of this

paragraph, the personal services of volunteers) received -

(A) as gifts, grants, bequests, donations, or other

contributions for the construction or operation of noncommercial

educational broadcast stations, or for the production,

acquisition, distribution, or dissemination of educational

television or radio programs, and related activities, from any

source other than (i) the United States or any agency or

instrumentality of the United States; or (ii) any public

broadcasting entity; or

(B) as gifts, grants, donations, contributions, or payments

from any State, or any educational institution, for the

construction or operation of noncommercial educational broadcast

stations or for the production, acquisition, distribution, or

dissemination of educational television or radio programs, or

payments in exchange for services or materials with respect to

the provision of educational or instructional television or radio

programs.

Such term includes the fair market value of personal services of

volunteers, as computed using the valuation standards established

by the Corporation, but only, with respect to such an entity in a

fiscal year, to the extent that the value of the services does not

exceed 5 percent of the total non-Federal financial support of the

entity in such fiscal year.

(10) The term "preoperational expenses" means all nonconstruction

costs incurred by new telecommunications entities before the date

on which they begin providing service to the public, and all

nonconstruction costs associated with expansion of existing

entities before the date on which such expanded capacity is

activated, except that such expenses shall not include any portion

of the salaries of any personnel employed by an operating public

telecommunications entity.

(11) The term "public broadcasting entity" means the Corporation,

any licensee or permittee of a public broadcast station, or any

nonprofit institution engaged primarily in the production,

acquisition, distribution, or dissemination of educational and

cultural television or radio programs.

(12) The term "public telecommunications entity" means any

enterprise which -

(A) is a public broadcast station or a noncommercial

telecommunications entity; and

(B) disseminates public telecommunications services to the

public.

(13) The term "public telecommunications facilities" means

apparatus necessary for production, interconnection, captioning,

broadcast, or other distribution of programming, including, but not

limited to, studio equipment, cameras, microphones, audio and video

storage or reproduction equipment, or both, signal processors and

switchers, towers, antennas, transmitters, translators, microwave

equipment, mobile equipment, satellite communications equipment,

instructional television fixed service equipment, subsidiary

communications authorization transmitting and receiving equipment,

cable television equipment, video and audio cassettes and discs,

optical fiber communications equipment, and other means of

transmitting, emitting, storing, and receiving images and sounds,

or intelligence, except that such term does not include the

buildings to house such apparatus (other than small equipment

shelters which are part of satellite earth stations, translators,

microwave interconnection facilities, and similar facilities).

(14) The term "public telecommunications services" means

noncommercial educational and cultural radio and television

programs, and related noncommercial instructional or informational

material that may be transmitted by means of electronic

communications.

(15) The term "Secretary" means the Secretary of Commerce when

such term is used in subpart A and subpart B, and the Secretary of

Health and Human Services when such term is used in subpart C,

subpart D, and this subpart.

(16) The term "State" includes the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa, the Northern Mariana Islands, and the Trust Territory of the

Pacific Islands.

(17) The term "system of public telecommunications entities"

means any combination of public telecommunications entities acting

cooperatively to produce, acquire, or distribute programs, or to

undertake related activities.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 397, formerly Sec. 394, as

added Pub. L. 87-447, May 1, 1962, 76 Stat. 67; renumbered Sec. 397

and amended Pub. L. 90-129, title I, Secs. 103(f), 105, 106, title

II, Sec. 201(3), (6), Nov. 7, 1967, 81 Stat. 366-368; Pub. L.

94-192, Sec. 5, Dec. 31, 1975, 89 Stat. 1100; Pub. L. 94-309, Sec.

6, June 5, 1976, 90 Stat. 684; Pub. L. 95-567, title IV, Sec. 401,

Nov. 2, 1978, 92 Stat. 2422; Pub. L. 97-35, title XII, Sec.

1234(b), Aug. 13, 1981, 95 Stat. 736; Pub. L. 101-437, title II,

Sec. 203(b), Oct. 17, 1990, 104 Stat. 1000; Pub. L. 104-316, title

I, Sec. 126(a), Oct. 19, 1996, 110 Stat. 3840.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in provision preceding par. (1), commences

with section 390 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 397, act June 19, 1934, ch. 652, title III, Sec.

397, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, was

renumbered section 398 by Pub. L. 90-129, and is classified to

section 398 of this title.

AMENDMENTS

1996 - Par. (9). Pub. L. 104-208, in closing provisions, struck

out "and approved by the Comptroller General pursuant to section

396(g)(5) of this title" after "by the Corporation" and "with

respect to such services provided to public telecommunications

entities after such standards are approved by the Comptroller

General and only" before ", with respect to such an entity".

1990 - Par. (2). Pub. L. 101-437, Sec. 203(b)(1), substituted

"subpart D" for "subpart C".

Par. (15). Pub. L. 101-437, Sec. 203(b)(2), inserted "and subpart

B" after "subpart A" and substituted "subpart C, subpart D" for

"subpart B, subpart C".

1981 - Par. (15). Pub. L. 97-35 substituted "Health and Human

Services" for "Health, Education, and Welfare".

1978 - Pub. L. 95-567, revised definition of "construction",

"corporation", "interconnection", "noncommercial educational

broadcast station", "non-Federal financial support", "Secretary"

and "State", inserted definitions of "meeting", "interconnection

system", "noncommercial telecommunications entity", "preoperational

expenses", "public telecommunications entity", "public

telecommunications facilities", and "public telecommunications

services", and deleted definitions of "educational television or

radio programs" and "State educational television agency" in order

to make such definitions consistent with the chapter as amended.

1976 - Par. (2). Pub. L. 94-309 substituted "transmission and

reception apparatus" for "transmission apparatus" and "closed

circuit television or radio programs" for "closed circuit

television programs" and inserted in parenthetical text reference

to non-video recording equipment, radio subcarrier receivers and

satellite transceivers.

1975 - Pars. (10), (11). Pub. L. 94-192 added pars. (10) and

(11).

1967 - Par. (1). Pub. L. 90-129, Sec. 105(a), included the Virgin

Islands, Guam, American Samoa, and the Trust Territory of the

Pacific Islands in definition of "State".

Par. (2). Pub. L. 90-129, Secs. 103(f)(1), 106, provided for

application of term "construction" to educational radio

broadcasting facilities and defined such term to include

acquisition and installation of transmission apparatus necessary

for radio broadcasting, and included costs of planning,

respectively.

Par. (4). Pub. L. 90-129, Secs. 103(f)(2), 105(b), substituted

"The terms 'State educational television agency' and 'State

educational radio agency' mean, with respect to television

broadcasting and radio broadcasting, respectively," for "The term

'State educational television agency' means" and "such

broadcasting" for "educational television" in cls. (A) and (B), and

defined "Governor" to include the High Commissioner of the Trust

Territory of the Pacific Islands, respectively.

Pars. (6) to (9). Pub. L. 90-129, Sec. 201(6), added pars. (6) to

(9).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section

403 of Pub. L. 95-567, set out as a note under section 390 of this

title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 309 of this title; title

17 sections 110, 111, 114, 118, 119; title 20 sections 3913, 3914,

7255f, 7257c, 7801.

-End-

-CITE-

47 USC Sec. 398 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart e - general provisions

-HEAD-

Sec. 398. Federal interference or control

-STATUTE-

(a) Prohibition

Nothing contained in this part shall be deemed (1) to amend any

other provision of, or requirement under, this chapter; or (2)

except to the extent authorized in subsection (b) of this section,

to authorize any department, agency, officer, or employee of the

United States to exercise any direction, supervision, or control

over public telecommunications, or over the Corporation or any of

its grantees or contractors, or over the charter or bylaws of the

Corporation, or over the curriculum, program of instruction, or

personnel of any educational institution, school system, or public

telecommunications entity.

(b) Equal opportunity employment

(1) Equal opportunity in employment shall be afforded to all

persons by the Public Broadcasting Service and National Public

Radio (or any successor organization) and by all public

telecommunications entities receiving funds pursuant to subpart C

(!1) (hereinafter in this subsection referred to as "recipients"),

in accordance with the equal employment opportunity regulations of

the Commission, and no person shall be subjected to discrimination

in employment by any recipient on the grounds of race, color,

religion, national origin, or sex.

(2)(A) The Secretary is authorized and directed to enforce this

subsection and to prescribe such rules and regulations as may be

necessary to carry out the functions of the Secretary under this

subsection.

(B) The Secretary shall provide for close coordination with the

Commission in the administration of the responsibilities of the

Secretary under this subsection which are of interest to or affect

the functions of the Commission so that, to the maximum extent

possible consistent with the enforcement responsibilities of each,

the reporting requirements of public telecommunications entities

shall be uniformly based upon consistent definitions and categories

of information.

(3)(A) The Corporation shall incorporate into each grant

agreement or contract with any recipient entered into on or after

the effective date of the rules and regulations prescribed by the

Secretary pursuant to paragraph (2)(A), a statement indicating

that, as a material part of the terms and conditions of the grant

agreement or contract, the recipient will comply with the

provisions of paragraph (1) and the rules and regulations

prescribed pursuant to paragraph (2)(A). Any person which desires

to be a recipient (within the meaning of paragraph (1)) of funds

under subpart C (!1) shall, before receiving any such funds,

provide to the Corporation any information which the Corporation

may require to satisfy itself that such person is affording equal

opportunity in employment in accordance with the requirements of

this subsection. Determinations made by the Corporation in

accordance with the preceding sentence shall be based upon

guidelines relating to equal opportunity in employment which shall

be established by rule by the Secretary.

(B) If the Corporation is not satisfied that any such person is

affording equal opportunity in employment in accordance with the

requirements of this subsection, the Corporation shall notify the

Secretary, and the Secretary shall review the matter and make a

final determination regarding whether such person is affording

equal opportunity in employment. In any case in which the Secretary

conducts a review under the preceding sentence, the Corporation

shall make funds available to the person involved pursuant to the

grant application of such person (if the Corporation would have

approved such application but for the finding of the Corporation

under this paragraph) pending a final determination of the

Secretary upon completion of such review. The Corporation shall

monitor the equal employment opportunity practices of each

recipient throughout the duration of the grant or contract.

(C) The provisions of subparagraph (A) and subparagraph (B) shall

take effect on the effective date of the rules and regulations

prescribed by the Secretary pursuant to paragraph (2)(A).

(4) Based upon its responsibilities under paragraph (3), the

Corporation shall provide an annual report for the preceding fiscal

year ending September 30 to the Secretary on or before the 15th day

of February of each year. The report shall contain information in

the form required by the Secretary. The Corporation shall submit a

summary of such report to the President and the Congress as part of

the report required in section 396(i) of this title. The

Corporation shall provide other information in the form which the

Secretary may require in order to carry out the functions of the

Secretary under this subsection.

(5) Whenever the Secretary makes a final determination, pursuant

to the rules and regulations which the Secretary shall prescribe,

that a recipient is not in compliance with paragraph (1), the

Secretary shall, within 10 days after such determination, notify

the recipient in writing of such determination and request the

recipient to secure compliance. Unless the recipient within 120

days after receipt of such written notice -

(A) demonstrates to the Secretary that the violation has been

corrected; or

(B) enters into a compliance agreement approved by the

Secretary;

the Secretary shall direct the Corporation to reduce or suspend any

further payments of funds under this part to the recipient and the

Corporation shall comply with such directive. Resumption of

payments shall take place only when the Secretary certifies to the

Corporation that the recipient has entered into a compliance

agreement approved by the Secretary. A recipient whose funds have

been reduced or suspended under this paragraph may apply at any

time to the Secretary for such certification.

(c) Control over content or distribution of programs

Nothing in this section shall be construed to authorize any

department, agency, officer, or employee of the United States to

exercise any direction, supervision, or control over the content or

distribution of public telecommunications programs and services, or

over the curriculum or program of instruction of any educational

institution or school system.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 398, formerly Sec. 397, as

added Pub. L. 87-447, May 1, 1962, 76 Stat. 67; renumbered Sec. 398

and amended Pub. L. 90-129, title I, Sec. 103(g), title II, Sec.

201(3), (5), Nov. 7, 1967, 81 Stat. 367, 368; Pub. L. 95-567, title

III, Sec. 309, Nov. 2, 1978, 92 Stat. 2420; Pub. L. 100-626, Sec.

9(b), Nov. 7, 1988, 102 Stat. 3211.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsecs. (a) and (b)(5), commences with

section 390 of this title.

Subpart C, referred to in subsec. (b)(1), (3)(A), was

redesignated subpart D by Pub. L. 101-437, title II, Sec.

203(a)(2), Oct. 17, 1990, 104 Stat. 998.

-MISC1-

AMENDMENTS

1988 - Subsec. (b)(1). Pub. L. 100-626, Sec. 9(b), inserted "in

accordance with the equal employment opportunity regulations of the

Commission," before "and no person".

1978 - Pub. L. 95-567 designated existing provisions as subsec.

(a), substituted "public telecommunications entity" and "public

telecommunications" for "educational broadcasting station or

system" and "educational television or radio broadcasting",

respectively, and added subsecs. (b) and (c).

1967 - Pub. L. 90-129, Secs. 103(g), 201(5), inserted "or radio"

and ", or over the Corporation or any of its grantees or

contractors, or over the charter or bylaws of the Corporation,"

before and after "broadcasting", where first appearing,

respectively.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section

403 of Pub. L. 95-567, set out as a note under section 390 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 396 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

47 USC Sec. 399 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart e - general provisions

-HEAD-

Sec. 399. Support of political candidates prohibited

-STATUTE-

No noncommercial educational broadcasting station may support or

oppose any candidate for political office.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 399, as added Pub. L.

90-129, title II, Sec. 201(8), Nov. 7, 1967, 81 Stat. 368; amended

Pub. L. 93-84, Sec. 2, Aug. 6, 1973, 87 Stat. 219; Pub. L. 94-309,

Sec. 7, June 5, 1976, 90 Stat. 685; Pub. L. 97-35, title XII, Sec.

1229, Aug. 13, 1981, 95 Stat. 730; Pub. L. 100-626, Sec. 10, Nov.

7, 1988, 102 Stat. 3211.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-626, in section catchline, substituted

"Support of" for "Editorializing and support of", and in text,

struck out provisions which prohibited editorializing by

noncommercial educational broadcasting station which receives grant

from Corporation under subpart C of this part.

1981 - Pub. L. 97-35 revised subsec. (a) into existing provisions

and, as so revised, added requirement respecting grant under

subpart C of this part, and struck out subsec. (b), which related

to program recording of broadcasts where issues of public

importance are discussed.

1976 - Subsec. (b)(5). Pub. L. 94-309 added par. (5).

1973 - Pub. L. 93-84 designated existing provisions as subsec.

(a) and added subsec. (b).

-End-

-CITE-

47 USC Sec. 399a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart e - general provisions

-HEAD-

Sec. 399a. Use of business or institutional logograms

-STATUTE-

(a) "Business or institutional logogram" defined

For purposes of this section, the term "business or institutional

logogram" means any aural or visual letters or words, or any symbol

or sign, which is used for the exclusive purpose of identifying any

corporation, company, or other organization, and which is not used

for the purpose of promoting the products, services, or facilities

of such corporation, company, or other organization.

(b) Permitted uses

Each public television station and each public radio station

shall be authorized to broadcast announcements which include the

use of any business or institutional logogram and which include a

reference to the location of the corporation, company, or other

organization involved, except that such announcements may not

interrupt regular programming.

(c) Authority of Commission not limited

The provisions of this section shall not be construed to limit

the authority of the Commission to prescribe regulations relating

to the manner in which logograms may be used to identify

corporations, companies, or other organizations.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 399A, as added Pub. L.

97-35, title XII, Sec. 1230, Aug. 13, 1981, 95 Stat. 730.)

-End-

-CITE-

47 USC Sec. 399b 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part IV - Assistance for Planning and Construction of Public

Telecommunications Facilities; Telecommunications

Demonstrations; Corporation for Public Broadcasting;

General Provisions

subpart e - general provisions

-HEAD-

Sec. 399b. Offering of certain services, facilities, or products by

public broadcast station

-STATUTE-

(a) "Advertisement" defined

For purposes of this section, the term "advertisement" means any

message or other programming material which is broadcast or

otherwise transmitted in exchange for any remuneration, and which

is intended -

(1) to promote any service, facility, or product offered by any

person who is engaged in such offering for profit;

(2) to express the views of any person with respect to any

matter of public importance or interest; or

(3) to support or oppose any candidate for political office.

(b) Offering of services, facilities, or products permitted;

advertisements prohibited

(1) Except as provided in paragraph (2), each public broadcast

station shall be authorized to engage in the offering of services,

facilities, or products in exchange for remuneration.

(2) No public broadcast station may make its facilities available

to any person for the broadcasting of any advertisement.

(c) Use of funds from offering services, etc.

Any public broadcast station which engages in any offering

specified in subsection (b)(1) of this section may not use any

funds distributed by the Corporation under section 396(k) of this

title to defray any costs associated with such offering. Any such

offering by a public broadcast station shall not interfere with the

provision of public telecommunications services by such station.

(d) Development of accounting system

Each public broadcast station which engages in the activity

specified in subsection (b)(1) of this section shall, in

consultation with the Corporation, develop an accounting system

which is designed to identify any amounts received as remuneration

for, or costs related to, such activities under this section, and

to account for such amounts separately from any other amounts

received by such station from any source.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 399B, as added Pub. L.

97-35, title XII, Sec. 1231, Aug. 13, 1981, 95 Stat. 731.)

-End-

-CITE-

47 USC SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE

PROVISIONS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-End-

-CITE-

47 USC Sec. 401 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 401. Enforcement provisions

-STATUTE-

(a) Jurisdiction

The district courts of the United States shall have jurisdiction,

upon application of the Attorney General of the United States at

the request of the Commission, alleging a failure to comply with or

a violation of any of the provisions of this chapter by any person,

to issue a writ or writs of mandamus commanding such person to

comply with the provisions of this chapter.

(b) Orders of Commission

If any person fails or neglects to obey any order of the

Commission other than for the payment of money, while the same is

in effect, the Commission or any party injured thereby, or the

United States, by its Attorney General, may apply to the

appropriate district court of the United States for the enforcement

of such order. If, after hearing, that court determines that the

order was regularly made and duly served, and that the person is in

disobedience of the same, the court shall enforce obedience to such

order by a writ of injunction or other proper process, mandatory or

otherwise, to restrain such person or the officers, agents, or

representatives of such person, from further disobedience of such

order, or to enjoin upon it or them obedience to the same.

(c) Duty to prosecute

Upon the request of the Commission it shall be the duty of any

United States attorney to whom the Commission may apply to

institute in the proper court and to prosecute under the direction

of the Attorney General of the United States all necessary

proceedings for the enforcement of the provisions of this chapter

and for the punishment of all violations thereof, and the costs and

expenses of such prosecutions shall be paid out of the

appropriations for the expenses of the courts of the United States.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 401, 48 Stat. 1092; June

25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Pub. L. 93-528, Sec. 6(a),

Dec. 21, 1974, 88 Stat. 1709.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (c), was in the

original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat.

1064, as amended, known as the Communications Act of 1934, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see section 609 of this title and Tables.

-MISC1-

AMENDMENTS

1974 - Subsec. (d). Pub. L. 93-528 repealed subsec. (d) which

provided that the provisions of sections 28 and 29 of title 15,

section 345(1) of title 28, and sections 44 and 45 of title 49,

shall be held to apply to any suit in equity arising under sections

201 to 222 of this title, wherein the United States is complainant.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorney" for "district attorney" in subsec. (c). See section 541

of Title 28, Judiciary and Judicial Procedure, and Historical and

Revision Notes thereunder.

-End-

-CITE-

47 USC Sec. 402 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 402. Judicial review of Commission's orders and decisions

-STATUTE-

(a) Procedure

Any proceeding to enjoin, set aside, annul, or suspend any order

of the Commission under this chapter (except those appealable under

subsection (b) of this section) shall be brought as provided by and

in the manner prescribed in chapter 158 of title 28.

(b) Right to appeal

Appeals may be taken from decisions and orders of the Commission

to the United States Court of Appeals for the District of Columbia

in any of the following cases:

(1) By any applicant for a construction permit or station

license, whose application is denied by the Commission.

(2) By any applicant for the renewal or modification of any

such instrument of authorization whose application is denied by

the Commission.

(3) By any party to an application for authority to transfer,

assign, or dispose of any such instrument of authorization, or

any rights thereunder, whose application is denied by the

Commission.

(4) By any applicant for the permit required by section 325 of

this title whose application has been denied by the Commission,

or by any permittee under said section whose permit has been

revoked by the Commission.

(5) By the holder of any construction permit or station license

which has been modified or revoked by the Commission.

(6) By any other person who is aggrieved or whose interests are

adversely affected by any order of the Commission granting or

denying any application described in paragraphs (1), (2), (3),

(4), and (9) of this subsection.

(7) By any person upon whom an order to cease and desist has

been served under section 312 of this title.

(8) By any radio operator whose license has been suspended by

the Commission.

(9) By any applicant for authority to provide interLATA

services under section 271 of this title whose application is

denied by the Commission.

(c) Filing notice of appeal; contents; jurisdiction; temporary

orders

Such appeal shall be taken by filing a notice of appeal with the

court within thirty days from the date upon which public notice is

given of the decision or order complained of. Such notice of appeal

shall contain a concise statement of the nature of the proceedings

as to which the appeal is taken; a concise statement of the reasons

on which the appellant intends to rely, separately stated and

numbered; and proof of service of a true copy of said notice and

statement upon the Commission. Upon filing of such notice, the

court shall have jurisdiction of the proceedings and of the

questions determined therein and shall have power, by order,

directed to the Commission or any other party to the appeal, to

grant such temporary relief as it may deem just and proper. Orders

granting temporary relief may be either affirmative or negative in

their scope and application so as to permit either the maintenance

of the status quo in the matter in which the appeal is taken or the

restoration of a position or status terminated or adversely

affected by the order appealed from and shall, unless otherwise

ordered by the court, be effective pending hearing and

determination of said appeal and compliance by the Commission with

the final judgment of the court rendered in said appeal.

(d) Notice to interested parties; filing of record

Upon the filing of any such notice of appeal the appellant shall,

not later than five days after the filing of such notice, notify

each person shown by the records of the Commission to be interested

in said appeal of the filing and pendency of the same. The

Commission shall file with the court the record upon which the

order complained of was entered, as provided in section 2112 of

title 28.

(e) Intervention

Within thirty days after the filing of any such appeal any

interested person may intervene and participate in the proceedings

had upon said appeal by filing with the court a notice of intention

to intervene and a verified statement showing the nature of the

interest of such party, together with proof of service of true

copies of said notice and statement, both upon appellant and upon

the Commission. Any person who would be aggrieved or whose interest

would be adversely affected by a reversal or modification of the

order of the Commission complained of shall be considered an

interested party.

(f) Records and briefs

The record and briefs upon which any such appeal shall be heard

and determined by the court shall contain such information and

material, and shall be prepared within such time and in such manner

as the court may by rule prescribe.

(g) Time of hearing; procedure

The court shall hear and determine the appeal upon the record

before it in the manner prescribed by section 706 of title 5.

(h) Remand

In the event that the court shall render a decision and enter an

order reversing the order of the Commission, it shall remand the

case to the Commission to carry out the judgment of the court and

it shall be the duty of the Commission, in the absence of the

proceedings to review such judgment, to forthwith give effect

thereto, and unless otherwise ordered by the court, to do so upon

the basis of the proceedings already had and the record upon which

said appeal was heard and determined.

(i) Judgment for costs

The court may, in its discretion, enter judgment for costs in

favor of or against an appellant, or other interested parties

intervening in said appeal, but not against the Commission,

depending upon the nature of the issues involved upon said appeal

and the outcome thereof.

(j) Finality of decision; review by Supreme Court

The court's judgment shall be final, subject, however, to review

by the Supreme Court of the United States upon writ of certiorari

on petition therefor under section 1254 of title 28, by the

appellant, by the Commission, or by any interested party

intervening in the appeal, or by certification by the court

pursuant to the provisions of that section.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 402, 48 Stat. 1093; May 20,

1937, ch. 229, Secs. 11-13, 50 Stat. 197; May 24, 1949, ch. 139,

Sec. 132, 63 Stat. 108; July 16, 1952, ch. 879, Sec. 14, 66 Stat.

718; Pub. L. 85-791, Sec. 12, Aug. 28, 1958, 72 Stat. 945; Pub. L.

97-259, title I, Secs. 121, 127(b), Sept. 13, 1982, 96 Stat. 1097,

1099; Pub. L. 98-620, title IV, Sec. 402(50), Nov. 8, 1984, 98

Stat. 3361; Pub. L. 104-104, title I, Sec. 151(b), Feb. 8, 1996,

110 Stat. 107.)

-MISC1-

AMENDMENTS

1996 - Par. (6). Pub. L. 104-104, Sec. 151(b)(1), inserted

reference to par. (9).

Subsec. (b)(9). Pub. L. 104-104, Sec. 151(b)(2), added par. (9).

1984 - Subsec. (g). Pub. L. 98-620 substituted "The" for "At the

earliest convenient time the" and "706 of title 5" for "10(e) of

the Administrative Procedure Act [former 5 U.S.C. 1009(e)]".

1982 - Subsec. (a). Pub. L. 97-259, Sec. 127(b), substituted

"chapter 158 of title 28" for "Public Law 901, Eighty-first

Congress, approved December 29, 1950".

Subsec. (d). Pub. L. 97-259, Sec. 121, substituted "appellant"

for "Commission", "filing of such notice" for "date of service upon

it", struck out "and shall thereafter permit any such person to

inspect and make copies of said notice and statement of reasons

therefor at the office of the Commission in the city of Washington"

after "pendency of the same", and substituted "The" for "Within

thirty days after the filing of an appeal, the" before "Commission

shall file".

1958 - Subsec. (d). Pub. L. 85-791 substituted "the record upon

which the order complained of was entered, as provided in section

2112 of title 28," for "a copy of the order complained of, a full

statement in writing of the facts and grounds relied upon by it in

support of the order involved upon said appeal, and the originals

or certified copies of all papers and evidence presented to and

considered by it in entering said order" in second sentence.

1952 - Act July 16, 1952, amended section generally to set up the

procedure for the judicial review of the Commission's orders and

decisions.

1949 - Subsec. (a). Act May 24, 1949, substituted "Title 28 of

the United States Code" for "the Act of October 22, 1913 (38 Stat.

219)", and "such Title 28" in lieu of "that Act".

1937 - Subsec. (a). Act May 20, 1937, Sec. 11, inserted ", or

suspending a radio operator's license" after "or for modifications

of an existing radio station license".

Subsec. (b)(3). Act May 20, 1937, Sec. 12, added par. (3)

relating to appeal from decisions in case of any radio operator

whose license has been suspended by the Commission.

Subsec. (c). Act May 20, 1937, Sec. 13, inserted in last sentence

"or order" after "upon the application".

-CHANGE-

CHANGE OF NAME

Act June 7, 1934, ch. 426, 48 Stat. 926, changed name of "Court

of Appeals of the District of Columbia" to "United States Court of

Appeals for the District of Columbia".

-MISC2-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1952 AMENDMENT

Section 19(2) of act July 16, 1952, provided that: "The

amendments made by this Act to section 402 of the Communications

Act of 1934 [this section] (relating to judicial review of orders

and decisions of the Commission) shall not apply with respect to

any action or appeal which is pending before any court on the date

of enactment of this Act [July 16, 1952]."

ADMINISTRATIVE ORDERS REVIEW ACT

Court of appeals exclusive jurisdiction respecting final orders

of Federal Communications Commission made reviewable by subsec. (a)

of this section, see section 2342 of Title 28, Judiciary and

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 159, 204, 208, 405, 503

of this title; title 28 section 2342.

-End-

-CITE-

47 USC Sec. 403 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 403. Inquiry by Commission on its own motion

-STATUTE-

The Commission shall have full authority and power at any time to

institute an inquiry, on its own motion, in any case and as to any

matter or thing concerning which complaint is authorized to be

made, to or before the Commission by any provision of this chapter,

or concerning which any question may arise under any of the

provisions of this chapter, or relating to the enforcement of any

of the provisions of this chapter. The Commission shall have the

same powers and authority to proceed with any inquiry instituted on

its own motion as though it had been appealed to by complaint or

petition under any of the provisions of this chapter, including the

power to make and enforce any order or orders in the case, or

relating to the matter or thing concerning which the inquiry is

had, excepting orders for the payment of money.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 403, 48 Stat. 1094.)

-End-

-CITE-

47 USC Sec. 404 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 404. Reports of investigations

-STATUTE-

Whenever an investigation shall be made by the Commission it

shall be its duty to make a report in writing in respect thereto,

which shall state the conclusions of the Commission, together with

its decision, order, or requirement in the premises; and in case

damages are awarded such report shall include the findings of fact

on which the award is made.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 404, 48 Stat. 1094.)

-End-

-CITE-

47 USC Sec. 405 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 405. Petition for reconsideration; procedure; disposition;

time of filing; additional evidence; time for disposition of

petition for reconsideration of order concluding hearing or

investigation; appeal of order

-STATUTE-

(a) After an order, decision, report, or action has been made or

taken in any proceeding by the Commission, or by any designated

authority within the Commission pursuant to a delegation under

section 155(c)(1) of this title, any party thereto, or any other

person aggrieved or whose interests are adversely affected thereby,

may petition for reconsideration only to the authority making or

taking the order, decision, report, or action; and it shall be

lawful for such authority, whether it be the Commission or other

authority designated under section 155(c)(1) of this title, in its

discretion, to grant such a reconsideration if sufficient reason

therefor be made to appear. A petition for reconsideration must be

filed within thirty days from the date upon which public notice is

given of the order, decision, report, or action complained of. No

such application shall excuse any person from complying with or

obeying any order, decision, report, or action of the Commission,

or operate in any manner to stay or postpone the enforcement

thereof, without the special order of the Commission. The filing of

a petition for reconsideration shall not be a condition precedent

to judicial review of any such order, decision, report, or action,

except where the party seeking such review (1) was not a party to

the proceedings resulting in such order, decision, report, or

action, or (2) relies on questions of fact or law upon which the

Commission, or designated authority within the Commission, has been

afforded no opportunity to pass. The Commission, or designated

authority within the Commission, shall enter an order, with a

concise statement of the reasons therefor, denying a petition for

reconsideration or granting such petition, in whole or in part, and

ordering such further proceedings as may be appropriate: Provided,

That in any case where such petition relates to an instrument of

authorization granted without a hearing, the Commission, or

designated authority within the Commission, shall take such action

within ninety days of the filing of such petition. Reconsiderations

shall be governed by such general rules as the Commission may

establish, except that no evidence other than newly discovered

evidence, evidence which has become available only since the

original taking of evidence, or evidence which the Commission or

designated authority within the Commission believes should have

been taken in the original proceeding shall be taken on any

reconsideration. The time within which a petition for review must

be filed in a proceeding to which section 402(a) of this title

applies, or within which an appeal must be taken under section

402(b) of this title in any case, shall be computed from the date

upon which the Commission gives public notice of the order,

decision, report, or action complained of.

(b)(1) Within 90 days after receiving a petition for

reconsideration of an order concluding a hearing under section

204(a) of this title or concluding an investigation under section

208(b) of this title, the Commission shall issue an order granting

or denying such petition.

(2) Any order issued under paragraph (1) shall be a final order

and may be appealed under section 402(a) of this title.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 405, 48 Stat. 1095; July

16, 1952, ch. 879, Sec. 15, 66 Stat. 720; Pub. L. 86-752, Sec.

4(c), Sept. 13, 1960, 74 Stat. 892; Pub. L. 87-192, Sec. 3, Aug.

31, 1961, 75 Stat. 421; Pub. L. 97-259, title I, Secs. 122, 127(c),

Sept. 13, 1982, 96 Stat. 1097, 1099; Pub. L. 100-594, Sec. 8(d),

Nov. 3, 1988, 102 Stat. 3023.)

-COD-

CODIFICATION

"Reconsiderations" substituted in text for "Rehearings" as the

probable intent of Congress, in view of amendment by section

127(c)(1) of Pub. L. 97-259, which substituted "reconsideration"

for "rehearing" wherever appearing in this section.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-594 designated existing provisions as subsec.

(a), substituted "section 155(c)(1)" for "section 155(d)(1)" in two

places, and added subsec. (b).

1982 - Pub. L. 97-259 substituted "reconsideration" for

"rehearing" wherever appearing and "the Commission gives public

notice of the order, decision, report, or action complained of" for

"public notice is given of orders disposing of all petitions for

rehearing filed with the Commission in such proceeding or case, but

any order, decision, report, or action made or taken after such

rehearing reversing, changing, or modifying the original order

shall be subject to the same provisions with respect to rehearing

as an original order".

1961 - Pub. L. 87-192 provided for petition for rehearing to the

authority making or taking the order, decision, report, or action,

substituted references to report and action for requirement,

wherever else appearing, and inserted references to proceeding by

any designated authority within the Commission, wherever appearing.

1960 - Pub. L. 86-752 substituted "any party" for "and party" in

first sentence, and inserted sentence dealing with disposition of

petitions for rehearing.

1952 - Act July 16, 1952, provided for taking of newly discovered

evidence and evidence which should have been taken in original

hearing.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 4(d)(4) of Pub. L. 86-752 provided that: "The amendment

made by paragraph (2) of subsection (c) of this section [amending

this section] shall only apply to petitions for rehearing filed on

or after the date of the enactment of this Act [Sept. 13, 1960]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 155, 307, 309 of this

title.

-End-

-CITE-

47 USC Sec. 406 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 406. Compelling furnishing of facilities; mandamus;

jurisdiction

-STATUTE-

The district courts of the United States shall have jurisdiction

upon the relation of any person alleging any violation, by a

carrier subject to this chapter, of any of the provisions of this

chapter which prevent the relator from receiving service in

interstate or foreign communication by wire or radio, or in

interstate or foreign transmission of energy by radio, from said

carrier at the same charges, or upon terms or conditions as

favorable as those given by said carrier for like communication or

transmission under similar conditions to any other person, to issue

a writ or writs of mandamus against said carrier commanding such

carrier to furnish facilities for such communication or

transmission to the party applying for the writ: Provided, That if

any question of fact as to the proper compensation to the carrier

for the service to be enforced by the writ is raised by the

pleadings, the writ of peremptory mandamus may issue,

notwithstanding such question of fact is undetermined, upon such

terms as to security, payment of money into the court, or

otherwise, as the court may think proper pending the determination

of the question of fact: Provided further, That the remedy given by

writ of mandamus shall be cumulative and shall not be held to

exclude or interfere with other remedies provided by this chapter.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 406, 48 Stat. 1095.)

-End-

-CITE-

47 USC Sec. 407 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 407. Order for payment of money; petition for enforcement;

procedure; order of Commission as prima facie evidence; costs;

attorneys' fees

-STATUTE-

If a carrier does not comply with an order for the payment of

money within the time limit in such order, the complainant, or any

person for whose benefit such order was made, may file in the

district court of the United States for the district in which he

resides or in which is located the principal operating office of

the carrier, or through which the line of the carrier runs, or in

any State court of general jurisdiction having jurisdiction of the

parties, a petition setting forth briefly the causes for which he

claims damages, and the order of the Commission in the premises.

Such suit in the district court of the United States shall proceed

in all respects like other civil suits for damages, except that on

the trial of such suits the findings and order of the Commission

shall be prima facie evidence of the facts therein stated, except

that the petitioner shall not be liable for costs in the district

court nor for costs at any subsequent stage of the proceedings

unless they accrue upon his appeal. If the petitioner shall finally

prevail, he shall be allowed a reasonable attorney's fee, to be

taxed and collected as a part of the costs of the suit.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 407, 48 Stat. 1095.)

-End-

-CITE-

47 USC Sec. 408 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 408. Order not for payment of money; when effective

-STATUTE-

Except as otherwise provided in this chapter, all orders of the

Commission, other than orders for the payment of money, shall take

effect thirty calendar days from the date upon which public notice

of the order is given, unless the Commission designates a different

effective date. All such orders shall continue in force for the

period of time specified in the order or until the Commission or a

court of competent jurisdiction issues a superseding order.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 408, 48 Stat. 1096; Pub. L.

97-259, title I, Sec. 123, Sept. 13, 1982, 96 Stat. 1098.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-259 substituted provision that all orders of

the Commission but for payment of money shall take effect thirty

calendar days from the date upon which public notice of the order

is given, unless the Commission designates a different effective

date, and that such orders shall continue in force for the period

of time specified in the order or until the Commission or a court

of competent jurisdiction issues a superseding order, for provision

that such orders would take effect within such reasonable time, not

less than thirty days after service of the order, and would

continue in force until its further order, or for a specified

period of time, as prescribed in the order, unless the same were

suspended or modified or set aside by the Commission, or suspended

or set aside by a court of competent jurisdiction.

-End-

-CITE-

47 USC Sec. 409 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 409. Hearings

-STATUTE-

(a) Filing of initial decisions; exceptions

In every case of adjudication (as defined in section 551 of title

5) which has been designated by the Commission for hearing, the

person or persons conducting the hearing shall prepare and file an

initial, tentative, or recommended decision, except where such

person or persons become unavailable to the Commission or where the

Commission finds upon the record that due and timely execution of

its functions imperatively and unavoidably require that the record

be certified to the Commission for initial or final decision.

(b) Exceptions to initial decisions; memoranda; determination of

Commission or authority within Commission; prohibition against

consideration of own decision

In every case of adjudication (as defined in section 551 of title

5) which has been designated by the Commission for hearing, any

party to the proceeding shall be permitted to file exceptions and

memoranda in support thereof to the initial, tentative, or

recommended decision, which shall be passed upon by the Commission

or by the authority within the Commission, if any, to whom the

function of passing upon the exceptions is delegated under section

155(d)(1) (!1) of this title: Provided, however, That such

authority shall not be the same authority which made the decision

to which the exception is taken.

(c) Notice and opportunity for participation by parties;

applicability of administrative procedure provisions

(1) In any case of adjudication (as defined in section 551 of

title 5) which has been designated by the Commission for a hearing,

no person who has participated in the presentation or preparation

for presentation of such case at the hearing or upon review shall

(except to the extent required for the disposition of ex parte

matters as authorized by law) directly or indirectly make any

additional presentation respecting such case to the hearing officer

or officers or to the Commission, or to any authority within the

Commission to whom, in such case, review functions have been

delegated by the Commission under section 155(d)(1) (!1) of this

title, unless upon notice and opportunity for all parties to

participate.

(2) The provision in section 554(d) of title 5 which states that

such subsection shall not apply in determining applications for

initial licenses, shall not be applicable hereafter in the case of

applications for initial licenses before the Federal Communications

Commission.

(d) Applicability of administrative procedure provisions

To the extent that the foregoing provisions of this section and

section 155(d) (!1) of this title are in conflict with the

provisions of subchapter II of chapter 5, and chapter 7, of title

5, such provisions of this section and section 155(d) (!1) of this

title shall be held to supersede and modify the provisions of

subchapter II of chapter 5, and chapter 7, of title 5.

(e) Subpenas; witnesses; production of documents; fees and mileage

For the purposes of this chapter the Commission shall have the

power to require by subpena the attendance and testimony of

witnesses and the production of all books, papers, schedules of

charges, contracts, agreements, and documents relating to any

matter under investigation. Witnesses summoned before the

Commission shall be paid the same fees and mileage that are paid

witnesses in the courts of the United States.

(f) Designated place of hearing; aid in enforcement of orders

Such attendance of witnesses, and the production of such

documentary evidence, may be required from any place in the United

States, at any designated place of hearing. And in case of

disobedience to a subpena the Commission, or any party to a

proceeding before the Commission, may invoke the aid of any court

of the United States in requiring the attendance and testimony of

witnesses and the production of books, papers, and documents under

the provisions of this section.

(g) Contempts

Any of the district courts of the United States within the

jurisdiction of which such inquiry is carried on may, in case of

contumacy or refusal to obey a subpena issued to any common carrier

or licensee or other person, issue an order requiring such common

carrier, licensee, or other person to appear before the Commission

(and produce books and papers if so ordered) and give evidence

touching the matter in question; and any failure to obey such order

of the court may be punished by such court as a contempt thereof.

(h) Depositions

The testimony of any witness may be taken, at the instance of a

party, in any proceeding or investigation pending before the

Commission, by deposition, at any time after a cause or proceeding

is at issue on petition and answer. The Commission may also order

testimony to be taken by deposition in any proceeding or

investigation pending before it, at any stage of such proceeding or

investigation. Such depositions may be taken before any judge of

any court of the United States, or any United States magistrate

judge, or any clerk of a district court, or any chancellor,

justice, or judge of a supreme or superior court, mayor, or chief

magistrate of a city, judge of a county court, or court of common

pleas of any of the United States, or any notary public, not being

of counsel or attorney to either of the parties, nor interested in

the event of the proceeding or investigation. Reasonable notice

must first be given in writing by the party or his attorney

proposing to take such deposition to the opposite party or his

attorney of record, as either may be nearest, which notice shall

state the name of the witness and the time and place of the taking

of his deposition. Any person may be compelled to appear and

depose, and to produce documentary evidence, in the same manner as

witnesses may be compelled to appear and testify and produce

documentary evidence before the Commission, as hereinbefore

provided.

(i) Oaths; testimony in writing

Every person deposing as herein provided shall be cautioned and

sworn (or affirm, if he so request) to testify the whole truth, and

shall be carefully examined. His testimony shall be reduced to

writing by the magistrate taking the deposition, or under his

direction, and shall, after it has been reduced to writing, be

subscribed by the deponent.

(j) Foreign depositions

If a witness whose testimony may be desired to be taken by

deposition be in a foreign country, the deposition may be taken

before an officer or person designated by the Commission, or agreed

upon by the parties by stipulation in writing to be filed with the

Commission. All depositions must be promptly filed with the

Commission.

(k) Deposition fees

Witnesses whose depositions are taken as authorized in this

chapter, and the magistrate or other officer taking the same, shall

severally be entitled to the same fees as are paid for like

services in the courts of the United States.

(l) Repealed. Pub. L. 91-452, title II, Sec. 242, Oct. 15, 1970, 84

Stat. 930

(m) Penalties

Any person who shall neglect or refuse to attend and testify, or

to answer any lawful inquiry, or to produce books, papers,

schedules of charges, contracts, agreements, and documents, if in

his power to do so, in obedience to the subpena or lawful

requirement of the Commission, shall be guilty of a misdemeanor and

upon conviction thereof by a court of competent jurisdiction shall

be punished by a fine of not less than $100 nor more than $5,000,

or by imprisonment for not more than one year, or by both such fine

and imprisonment.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 409, 48 Stat. 1096; July

16, 1952, ch. 879, Sec. 16, 66 Stat. 721; Pub. L. 87-192, Sec. 4,

Aug. 31, 1961, 75 Stat. 422; Pub. L. 90-578, title IV, Sec.

402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 91-452, title II,

Sec. 242, Oct. 15, 1970, 84 Stat. 930; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-REFTEXT-

REFERENCES IN TEXT

Section 155(d) of this title, referred to in subsecs. (b), (c),

and (d), was redesignated section 155(c) of this title by Pub. L.

97-259, title I, Sec. 105(b), Sept. 13, 1982, 96 Stat. 1091.

-COD-

CODIFICATION

In subsecs. (a), (b), and (c)(1), "adjudication (as defined in

section 551 of title 5)" substituted for "adjudication (as defined

in the Administrative Procedure Act)", in subsec. (c)(2) "section

554(d) of title 5" substituted for "subsection (c) of section 5 of

the Administrative Procedure Act", and in subsec. (d) "subchapter

II of chapter 5, and chapter 7, of title 5" substituted for "the

Administrative Procedure Act" and "that Act", respectively, on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1970 - Subsec. (l). Pub. L. 91-452 struck out subsec. (l) which

related to the immunity from prosecution of any individual

compelled to testify or produce evidence, documentary or otherwise,

after claiming his privilege against self-incrimination.

1961 - Subsec. (a). Pub. L. 87-192 substituted provision for

filing of initial decisions, with stated exceptions, formerly

contained in first sentence of subsec. (b) of this section but

amplified to include tentative or recommended decisions, for

provision relating to assignment of cases to examiners.

Subsec. (b). Pub. L. 87-192 provided for filing of memoranda in

support of exceptions to initial, tentative, or recommended

decisions, to be passed upon by the Commission or the designated

authority within the Commission, and eliminated provisions for oral

argument on the exceptions, filing of initial decisions, with

stated exceptions, incorporated in subsec. (a) of this section, and

making all decisions part of the record and requiring the decisions

to include a statement of findings, and conclusions upon all

material issues of fact, law, or discretion and the appropriate

decision, order, or requirement. See section 557 of Title 5,

Government Organization and Employees.

Subsec. (c). Pub. L. 87-192 continued requirement of notice and

opportunity for participation by all parties when person seeks to

make any additional presentation of case, having previously

participated in the presentation of or preparation for presentation

of the case, made applicable provisions of section 554(d) of Title

5 to applications for initial licenses and eliminated provisions

for separation of functions of examiners from the investigative and

prosecutory functions of persons engaged in performance of such

functions, prohibition against consultation with Commission or any

member or employee thereof with respect to initial decisions or

exceptions taken to findings, rulings or recommendations,

prohibition against members of Office of The General Counsel,

Office of the Chief Engineer or the Office of the Chief Accountant

from making any presentations respecting a case, and prohibition

against persons engaged in performance of investigative or

prosecuting functions for the Commission from consulting in any

case of adjudication.

Subsec. (d). Pub. L. 87-192 inserted references to section 155(d)

of this title.

1952 - Act July 16, 1952, amended section generally, inserting

subsecs. (a) to (d) and redesignating former subsecs. (b) to (j) as

(e) to (m), respectively.

-CHANGE-

CHANGE OF NAME

"United States magistrate judge" substituted for "United States

magistrate" in subsec. (h) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure. Previously, "United States magistrate"

substituted for "United States commissioner" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

-MISC2-

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, and not to affect any immunity to which any

individual is entitled under this section by reason of any

testimony given before sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provisions note under section 6001 of Title 18, Crimes and

Criminal Procedure.

SAVINGS PROVISION

Section 5 of Pub. L. 87-192 provided that: "Notwithstanding the

foregoing provisions of this Act [amending this section and

sections 155 and 405 of this title], the second sentence of

subsection (b) of section 409 of the Communications Act of 1934

[subsec. (b) of this section] (which relates to the filing of

exceptions and the presentation of oral argument), as in force at

the time of the enactment of this Act [Aug. 31, 1961], shall

continue to be applicable with respect to any case of adjudication

(as defined in the Administrative Procedure Act) [see sections 551

et seq. and 701 et seq. of Title 5, Government Organization and

Employees] designated by the Federal Communications Commission for

hearing by a notice of hearing issued prior to the date of the

enactment of this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 410 of this title; title

21 sections 467d, 677, 1051.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

47 USC Sec. 410 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 410. Joint boards and commissions

-STATUTE-

(a) State joint boards; reference of communication matters;

composition; jurisdiction, powers, duties, and obligations;

conduct of proceedings; force and effect of joint board action;

members: nomination, appointment, and rejection; allowances for

expenses

Except as provided in section 409 of this title, the Commission

may refer any matter arising in the administration of this chapter

to a joint board to be composed of a member, or of an equal number

of members, as determined by the Commission, from each of the

States in which the wire or radio communication affected by or

involved in the proceeding takes place or is proposed. For purposes

of acting upon such matter any such board shall have all the

jurisdiction and powers conferred by law upon an examiner provided

for in section 3105 of title 5, designated by the Commission, and

shall be subject to the same duties and obligations. The action of

a joint board shall have such force and effect and its proceedings

shall be conducted in such manner as the Commission shall by

regulations prescribe. The joint board member or members for each

State shall be nominated by the State commission of the State or by

the Governor if there is no State commission, and appointed by the

Federal Communications Commission. The Commission shall have

discretion to reject any nominee. Joint board members shall receive

such allowances for expenses as the Commission shall provide.

(b) State commissions; conferences with Commission regarding

matters of carriers subject to their jurisdiction; joint

hearings; cooperation with Commission

The Commission may confer with any State commission having

regulatory jurisdiction with respect to carriers, regarding the

relationship between rate structures, accounts, charges, practices,

classifications, and regulations of carriers subject to the

jurisdiction of such State commission and of the Commission; and

the Commission is authorized under such rules and regulations as it

shall prescribe to hold joint hearings with any State commission in

connection with any matter with respect to which the Commission is

authorized to act. The Commission is authorized in the

administration of this chapter to avail itself of such cooperation,

services, records, and facilities as may be afforded by any State

commission.

(c) Federal-State Joint Board; reference of proceedings regarding

jurisdictional separation of common carrier property and expenses

between interstate and intrastate operations and other matters

relating to common carrier communications of joint concern;

jurisdiction, powers, duties, and obligations; recommendation of

decisions; State members; presence at oral arguments and

nonvoting participation in deliberations; composition; Chairman

The Commission shall refer any proceeding regarding the

jurisdictional separation of common carrier property and expenses

between interstate and intrastate operations, which it institutes

pursuant to a notice of proposed rulemaking and, except as provided

in section 409 of this title, may refer any other matter, relating

to common carrier communications of joint Federal-State concern, to

a Federal-State Joint Board. The Joint Board shall possess the same

jurisdiction, powers, duties, and obligations as a joint board

established under subsection (a) of this section, and shall prepare

a recommended decision for prompt review and action by the

Commission. In addition, the State members of the Joint Board shall

sit with the Commission en banc at any oral argument that may be

scheduled in the proceeding. The Commission shall also afford the

State members of the Joint Board an opportunity to participate in

its deliberations, but not vote, when it has under consideration

the recommended decision of the Joint Board or any further

decisional action that may be required in the proceeding. The Joint

Board shall be composed of three Commissioners of the Commission

and of four State commissioners nominated by the national

organization of the State commissions and approved by the

Commission. The Chairman of the Commission, or another Commissioner

designated by the Commission, shall serve as Chairman of the Joint

Board.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 410, 48 Stat. 1098; July

16, 1952, ch. 879, Sec. 17, 66 Stat. 722; Aug. 2, 1956, ch. 874,

Sec. 4, 70 Stat. 932; Pub. L. 92-131, Sec. 2, Sept. 30, 1971, 85

Stat. 363; Pub. L. 103-414, title III, Sec. 303(a)(21), Oct. 25,

1994, 108 Stat. 4295.)

-COD-

CODIFICATION

In subsec. (a), "section 3105 of title 5" substituted for

"section 11 of the Administrative Procedure Act (5 U.S.C. 1010)" on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-414 struck out ", as referred to

in sections 202(b) and 205(f) of the Interstate Commerce Act,"

after "State commissions".

1971 - Subsec. (c). Pub. L. 92-131 added subsec. (c).

1956 - Subsec. (a). Act Aug. 2, 1956, inserted in second sentence

"and examiner provided for in section 3105 of title 5, designated

by" after "the Commissioner".

1952 - Subsec. (a). Act July 16, 1952, inserted first sentence so

as to bring these provisions in conformity with section 409 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 214, 225, 254 of this

title.

-End-

-CITE-

47 USC Sec. 411 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 411. Joinder of parties

-STATUTE-

(a) In any proceeding for the enforcement of the provisions of

this chapter, whether such proceeding be instituted before the

Commission or be begun originally in any district court of the

United States, it shall be lawful to include as parties, in

addition to the carrier, all persons interested in or affected by

the charge, regulation, or practice under consideration, and

inquiries, investigations, orders, and decrees may be made with

reference to and against such additional parties in the same

manner, to the same extent, and subject to the same provisions as

are or shall be authorized by law with respect to carriers.

(b) In any suit for the enforcement of an order for the payment

of money all parties in whose favor the Commission may have made an

award for damages by a single order may be joined as plaintiffs,

and all of the carriers parties to such order awarding such damages

may be joined as defendants, and such suit may be maintained by

such joint plaintiffs and against such joint defendants in any

district where any one of such joint plaintiffs could maintain such

suit against any one of such joint defendants; and service of

process against any one of such defendants as may not be found in

the district where the suit is brought may be made in any district

where such defendant carrier has its principal operating office. In

case of such joint suit, the recovery, if any, may be by judgment

in favor of any one of such plaintiffs, against the defendant found

to be liable to such plaintiff.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 411, 48 Stat. 1098.)

-End-

-CITE-

47 USC Sec. 412 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 412. Documents filed with Commission as public records; prima

facie evidence; confidential records

-STATUTE-

The copies of schedules of charges, classifications, and of all

contracts, agreements, and arrangements between common carriers

filed with the Commission as herein provided, and the statistics,

tables, and figures contained in the annual or other reports of

carriers and other persons made to the Commission as required under

the provisions of this chapter shall be preserved as public records

in the custody of the secretary of the Commission, and shall be

received as prima facie evidence of what they purport to be for the

purpose of investigations by the Commission and in all judicial

proceedings; and copies of and extracts from any of said schedules,

classifications, contracts, agreements, arrangements, or reports,

made public records as aforesaid, certified by the secretary, under

the Commission's seal, shall be received in evidence with like

effect as the originals: Provided, That the Commission may, if the

public interest will be served thereby, keep confidential any

contract, agreement, or arrangement relating to foreign wire or

radio communication when the publication of such contract,

agreement, or arrangement would place American communication

companies at a disadvantage in meeting the competition of foreign

communication companies.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 412, 48 Stat. 1099.)

-End-

-CITE-

47 USC Sec. 413 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 413. Designation of agent for service; method of service

-STATUTE-

It shall be the duty of every carrier subject to this chapter to

designate in writing an agent in the District of Columbia, upon

whom service of all notices and process and all orders, decisions,

and requirements of the Commission may be made for and on behalf of

said carrier in any proceeding or suit pending before the

Commission, and to file such designation in the office of the

secretary of the Commission, which designation may from time to

time be changed by like writing similarly filed; and thereupon

service of all notices and process and orders, decisions, and

requirements of the Commission may be made upon such carrier by

leaving a copy thereof with such designated agent at his office or

usual place of residence in the District of Columbia, with like

effect as if made personally upon such carrier, and in default of

such designation of such agent, service of any notice or other

process in any proceeding before said Commission, or of any order,

decision, or requirement of the Commission, may be made by posting

such notice, process, order, requirement, or decision in the office

of the secretary of the Commission.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 413, 48 Stat. 1099; Pub. L.

103-414, title III, Sec. 304(a)(11), Oct. 25, 1994, 108 Stat.

4297.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-414 struck out ", within sixty days after the

taking effect of this chapter," after "every carrier subject to

this chapter".

-End-

-CITE-

47 USC Sec. 414 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 414. Exclusiveness of chapter

-STATUTE-

Nothing in this chapter contained shall in any way abridge or

alter the remedies now existing at common law or by statute, but

the provisions of this chapter are in addition to such remedies.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 414, 48 Stat. 1099.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as

amended, known as the Communications Act of 1934, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see section 609 of this title and Tables.

-End-

-CITE-

47 USC Sec. 415 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 415. Limitations of actions

-STATUTE-

(a) Recovery of charges by carrier

All actions at law by carriers for recovery of their lawful

charges, or any part thereof, shall be begun within two years from

the time the cause of action accrues, and not after.

(b) Recovery of damages

All complaints against carriers for the recovery of damages not

based on overcharges shall be filed with the Commission within two

years from the time the cause of action accrues, and not after,

subject to subsection (d) of this section.

(c) Recovery of overcharges

For recovery of overcharges action at law shall be begun or

complaint filed with the Commission against carriers within two

years from the time the cause of action accrues, and not after,

subject to subsection (d) of this section, except that if claim for

the overcharge has been presented in writing to the carrier within

the two-year period of limitation said period shall be extended to

include two years from the time notice in writing is given by the

carrier to the claimant of disallowance of the claim, or any part

or parts thereof, specified in the notice.

(d) Extension

If on or before expiration of the period of limitation in

subsection (b) or (c) of this section a carrier begins action under

subsection (a) of this section for recovery of lawful charges in

respect of the same service, or, without beginning action, collects

charges in respect of that service, said period of limitation shall

be extended to include ninety days from the time such action is

begun or such charges are collected by the carrier.

(e) Accrual of cause of action for transmission of message

The cause of action in respect of the transmission of a message

shall, for the purposes of this section, be deemed to accrue upon

delivery or tender of delivery thereof by the carrier, and not

after.

(f) Enforcement petition

A petition for the enforcement of an order of the Commission for

the payment of money shall be filed in the district court or the

State court within one year from the date of the order, and not

after.

(g) "Overcharges" defined

The term "overcharges" as used in this section shall be deemed to

mean charges for services in excess of those applicable thereto

under the schedules of charges lawfully on file with the

Commission.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 415, 48 Stat. 1099; Pub. L.

93-507, Nov. 30, 1974, 88 Stat. 1577.)

-MISC1-

AMENDMENTS

1974 - Subsecs. (a) to (c). Pub. L. 93-507 amended subsecs. (a)

to (c) generally, substituting reference to two years for reference

to one year wherever appearing.

-End-

-CITE-

47 USC Sec. 416 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 416. Orders of Commission

-STATUTE-

(a) Service

Every order of the Commission shall be forthwith served upon the

designated agent of the carrier in the city of Washington or in

such other manner as may be provided by law.

(b) Suspension or modification

Except as otherwise provided in this chapter, the Commission is

authorized to suspend or modify its orders upon such notice and in

such manner as it shall deem proper.

(c) Compliance

It shall be the duty of every person, its agents and employees,

and any receiver or trustee thereof, to observe and comply with

such orders so long as the same shall remain in effect.

-SOURCE-

(June 19, 1934, ch. 652, title IV, Sec. 416, 48 Stat. 1100.)

-End-

-CITE-

47 USC SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 228, 271, 362, 386,

548, 612 of this title.

-End-

-CITE-

47 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 501. General penalty

-STATUTE-

Any person who willfully and knowingly does or causes or suffers

to be done any act, matter, or thing, in this chapter prohibited or

declared to be unlawful, or who willfully and knowingly omits or

fails to do any act, matter, or thing in this chapter required to

be done, or willfully and knowingly causes or suffers such omission

or failure, shall, upon conviction thereof, be punished for such

offense, for which no penalty (other than a forfeiture) is provided

in this chapter, by a fine of not more than $10,000 or by

imprisonment for a term not exceeding one year, or both; except

that any person, having been once convicted of an offense

punishable under this section, who is subsequently convicted of

violating any provision of this chapter punishable under this

section, shall be punished by a fine of not more than $10,000 or by

imprisonment for a term not exceeding two years, or both.

-SOURCE-

(June 19, 1934, ch. 652, title V, Sec. 501, 48 Stat. 1100; Mar. 23,

1954, ch. 104, 68 Stat. 30.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as

amended, known as the Communications Act of 1934, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see section 609 of this title and Tables.

-MISC1-

AMENDMENTS

1954 - Act Mar. 23, 1954, provided that any offense punishable

hereunder, except a second or subsequent offense, should constitute

a misdemeanor rather than a felony, as those terms are defined in

section 1 of Title 18, Crimes and Criminal Procedure.

-End-

-CITE-

47 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 502. Violation of rules, regulations, etc.

-STATUTE-

Any person who willfully and knowingly violates any rule,

regulation, restriction, or condition made or imposed by the

Commission under authority of this chapter, or any rule,

regulation, restriction, or condition made or imposed by any

international radio or wire communications treaty or convention, or

regulations annexed thereto, to which the United States is or may

hereafter become a party, shall, in addition to any other penalties

provided by law, be punished, upon conviction thereof, by a fine of

not more than $500 for each and every day during which such offense

occurs.

-SOURCE-

(June 19, 1934, ch. 652, title V, Sec. 502, 48 Stat. 1100.)

-End-

-CITE-

47 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 503. Forfeitures

-STATUTE-

(a) Rebates and offsets

Any person who shall deliver messages for interstate or foreign

transmission to any carrier, or for whom as sender or receiver, any

such carrier shall transmit any interstate or foreign wire or radio

communication, who shall knowingly by employee, agent, officer, or

otherwise, directly or indirectly, by or through any means or

device whatsoever, receive or accept from such common carrier any

sum of money or any other valuable consideration as a rebate or

offset against the regular charges for transmission of such

messages as fixed by the schedules of charges provided for in this

chapter, shall in addition to any other penalty provided by this

chapter forfeit to the United States a sum of money three times the

amount of money so received or accepted and three times the value

of any other consideration so received or accepted, to be

ascertained by the trial court; and in the trial of said action all

such rebates or other considerations so received or accepted for a

period of six years prior to the commencement of the action, may be

included therein, and the amount recovered shall be three times the

total amount of money, or three times the total value of such

consideration, so received or accepted, or both, as the case may

be.

(b) Activities constituting violations authorizing imposition of

forfeiture penalty; amount of penalty; procedures applicable;

persons subject to penalty; liability exemption period

(1) Any person who is determined by the Commission, in accordance

with paragraph (3) or (4) of this subsection, to have -

(A) willfully or repeatedly failed to comply substantially with

the terms and conditions of any license, permit, certificate, or

other instrument or authorization issued by the Commission;

(B) willfully or repeatedly failed to comply with any of the

provisions of this chapter or of any rule, regulation, or order

issued by the Commission under this chapter or under any treaty,

convention, or other agreement to which the United States is a

party and which is binding upon the United States;

(C) violated any provision of section 317(c) or 509(a) of this

title; or

(D) violated any provision of section 1304, 1343, or 1464 of

title 18;

shall be liable to the United States for a forfeiture penalty. A

forfeiture penalty under this subsection shall be in addition to

any other penalty provided for by this chapter; except that this

subsection shall not apply to any conduct which is subject to

forfeiture under subchapter II of this chapter, part II or III of

subchapter III of this chapter, or section 507 of this title.

(2)(A) If the violator is (i) a broadcast station licensee or

permittee, (ii) a cable television operator, or (iii) an applicant

for any broadcast or cable television operator license, permit,

certificate, or other instrument or authorization issued by the

Commission, the amount of any forfeiture penalty determined under

this section shall not exceed $25,000 for each violation or each

day of a continuing violation, except that the amount assessed for

any continuing violation shall not exceed a total of $250,000 for

any single act or failure to act described in paragraph (1) of this

subsection.

(B) If the violator is a common carrier subject to the provisions

of this chapter or an applicant for any common carrier license,

permit, certificate, or other instrument of authorization issued by

the Commission, the amount of any forfeiture penalty determined

under this subsection shall not exceed $100,000 for each violation

or each day of a continuing violation, except that the amount

assessed for any continuing violation shall not exceed a total of

$1,000,000 for any single act or failure to act described in

paragraph (1) of this subsection.

(C) In any case not covered in subparagraph (A) or (B), the

amount of any forfeiture penalty determined under this subsection

shall not exceed $10,000 for each violation or each day of a

continuing violation, except that the amount assessed for any

continuing violation shall not exceed a total of $75,000 for any

single act or failure to act described in paragraph (1) of this

subsection.

(D) The amount of such forfeiture penalty shall be assessed by

the Commission, or its designee, by written notice. In determining

the amount of such a forfeiture penalty, the Commission or its

designee shall take into account the nature, circumstances, extent,

and gravity of the violation and, with respect to the violator, the

degree of culpability, any history of prior offenses, ability to

pay, and such other matters as justice may require.

(3)(A) At the discretion of the Commission, a forfeiture penalty

may be determined against a person under this subsection after

notice and an opportunity for a hearing before the Commission or an

administrative law judge thereof in accordance with section 554 of

title 5. Any person against whom a forfeiture penalty is determined

under this paragraph may obtain review thereof pursuant to section

402(a) of this title.

(B) If any person fails to pay an assessment of a forfeiture

penalty determined under subparagraph (A) of this paragraph, after

it has become a final and unappealable order or after the

appropriate court has entered final judgment in favor of the

Commission, the Commission shall refer the matter to the Attorney

General of the United States, who shall recover the amount assessed

in any appropriate district court of the United States. In such

action, the validity and appropriateness of the final order

imposing the forfeiture penalty shall not be subject to review.

(4) Except as provided in paragraph (3) of this subsection, no

forfeiture penalty shall be imposed under this subsection against

any person unless and until -

(A) the Commission issues a notice of apparent liability, in

writing, with respect to such person;

(B) such notice has been received by such person, or until the

Commission has sent such notice to the last known address of such

person, by registered or certified mail; and

(C) such person is granted an opportunity to show, in writing,

within such reasonable period of time as the Commission

prescribes by rule or regulation, why no such forfeiture penalty

should be imposed.

Such a notice shall (i) identify each specific provision, term, and

condition of any Act, rule, regulation, order, treaty, convention,

or other agreement, license, permit, certificate, instrument, or

authorization which such person apparently violated or with which

such person apparently failed to comply; (ii) set forth the nature

of the act or omission charged against such person and the facts

upon which such charge is based; and (iii) state the date on which

such conduct occurred. Any forfeiture penalty determined under this

paragraph shall be recoverable pursuant to section 504(a) of this

title.

(5) No forfeiture liability shall be determined under this

subsection against any person, if such person does not hold a

license, permit, certificate, or other authorization issued by the

Commission, and if such person is not an applicant for a license,

permit, certificate, or other authorization issued by the

Commission, unless, prior to the notice required by paragraph (3)

of this subsection or the notice of apparent liability required by

paragraph (4) of this subsection, such person (A) is sent a

citation of the violation charged; (B) is given a reasonable

opportunity for a personal interview with an official of the

Commission, at the field office of the Commission which is nearest

to such person's place of residence; and (C) subsequently engages

in conduct of the type described in such citation. The provisions

of this paragraph shall not apply, however, if the person involved

is engaging in activities for which a license, permit, certificate,

or other authorization is required, or is a cable television system

operator, if the person involved is transmitting on frequencies

assigned for use in a service in which individual station operation

is authorized by rule pursuant to section 307(e) of this title, or

in the case of violations of section 303(q) of this title, if the

person involved is a nonlicensee tower owner who has previously

received notice of the obligations imposed by section 303(q) of

this title from the Commission or the permittee or licensee who

uses that tower. Whenever the requirements of this paragraph are

satisfied with respect to a particular person, such person shall

not be entitled to receive any additional citation of the violation

charged, with respect to any conduct of the type described in the

citation sent under this paragraph.

(6) No forfeiture penalty shall be determined or imposed against

any person under this subsection if -

(A) such person holds a broadcast station license issued under

subchapter III of this chapter and if the violation charged

occurred -

(i) more than 1 year prior to the date of issuance of the

required notice or notice of apparent liability; or

(ii) prior to the date of commencement of the current term of

such license,

whichever is earlier; or

(B) such person does not hold a broadcast station license

issued under subchapter III of this chapter and if the violation

charged occurred more than 1 year prior to the date of issuance

of the required notice or notice of apparent liability.

For purposes of this paragraph, "date of commencement of the

current term of such license" means the date of commencement of the

last term of license for which the licensee has been granted a

license by the Commission. A separate license term shall not be

deemed to have commenced as a result of continuing a license in

effect under section 307(c) of this title pending decision on an

application for renewal of the license.

-SOURCE-

(June 19, 1934, ch. 652, title V, Sec. 503, 48 Stat. 1101; Pub. L.

86-752, Sec. 7(a), Sept. 13, 1960, 74 Stat. 894; Pub. L. 95-234,

Sec. 2, Feb. 21, 1978, 92 Stat. 33; Pub. L. 96-507, Sec. 2(b), Dec.

8, 1980, 94 Stat. 2747; Pub. L. 97-259, title I, Sec. 124, Sept.

13, 1982, 96 Stat. 1098; Pub. L. 98-214, Sec. 4(b), Dec. 8, 1983,

97 Stat. 1468; Pub. L. 101-239, title III, Sec. 3002(i), Dec. 19,

1989, 103 Stat. 2131; Pub. L. 101-396, Sec. 10, Sept. 28, 1990, 104

Stat. 851; Pub. L. 102-538, title II, Secs. 206, 210(b), Oct. 27,

1992, 106 Stat. 3543, 3544.)

-REFTEXT-

REFERENCES IN TEXT

Parts II and III of subchapter III of this chapter, referred to

in subsec. (b)(1), are classified to sections 351 et seq. and 381

et seq., respectively, of this title.

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(5). Pub. L. 102-538, Sec. 210(b), substituted

"system operator," for "system operator or" and inserted ", or in

the case of violations of section 303(q) of this title, if the

person involved is a nonlicensee tower owner who has previously

received notice of the obligations imposed by section 303(q) of

this title from the Commission or the permittee or licensee who

uses that tower" after "section 307(e) of this title".

Subsec. (b)(6). Pub. L. 102-538, Sec. 206(2), inserted at end

"For purposes of this paragraph, 'date of commencement of the

current term of such license' means the date of commencement of the

last term of license for which the licensee has been granted a

license by the Commission. A separate license term shall not be

deemed to have commenced as a result of continuing a license in

effect under section 307(c) of this title pending decision on an

application for renewal of the license."

Subsec. (b)(6)(A). Pub. L. 102-538, Sec. 206(1), struck out "so

long as such violation occurred within 3 years prior to the date of

issuance of such required notice" after "whichever is earlier".

1990 - Subsec. (b)(5). Pub. L. 101-396 inserted "and if such

person is not an applicant for a license, permit, certificate, or

other authorization issued by the Commission," before "unless,

prior".

1989 - Subsec. (b)(1), (2). Pub. L. 101-239 inserted "(1)" before

"Any person who" in first par., added par. (2), and struck out

former par. (2) thereby resulting in increasing penalty if violator

is a common carrier from $20,000 to $100,000 per day to a maximum

of $1,000,000 per act and penalty if violator is a broadcast

station licensee or cable television operator from $20,000 to

$25,000 per day to a maximum of $250,000 per act, making such

penalty also applicable to television operator applicants, and

increasing penalty in all other cases from $5,000 to $10,000 per

day to a maximum of $75,000.

1983 - Subsec. (b)(5). Pub. L. 98-214 inserted "or if the person

involved is transmitting on frequencies assigned for use in a

service in which individual station operation is authorized by rule

pursuant to section 307(e) of this title".

1982 - Subsec. (b)(5). Pub. L. 97-259 inserted ", or is a cable

television system operator" after "other authorization is

required".

1980 - Subsec. (b). Pub. L. 96-507 conformed references in first

paragraph to sections 509(a) and 507 of this title to reflect

renumbering of those sections which required no change in text.

1978 - Subsec. (b). Pub. L. 95-234 substituted provisions

relating to activities making persons liable for forfeiture

penalties, amounts of forfeiture penalties, procedures applicable

for imposition of forfeiture penalties, and exemptions from

liability from imposition of forfeiture penalties, for provisions

relating to activities of licensees or permittees constituting

violations and authorizing forfeiture to the United States of a sum

not to exceed $1,000 for each separate offense, procedures

applicable for imposition of forfeiture liability, and limitations

on imposition of forfeiture liability.

1960 - Pub. L. 86-752 amended section catchline substituting

"Forfeitures" for "Rebates and offsets, forfeitures,", designated

existing provisions as subsec. (a), and added subsec. (b).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-234 effective on thirtieth day after Feb.

21, 1978, except that the provisions of subsec. (b) of this

section, as in effect on Feb. 21, 1978, shall continue to

constitute the applicable law with respect to any act or omission

which occurs prior to such thirtieth day, see section 7 of Pub. L.

95-234, set out as a note under section 152 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 339, 504, 554 of this

title.

-End-

-CITE-

47 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 504. Forfeitures

-STATUTE-

(a) Recovery

The forfeitures provided for in this chapter shall be payable

into the Treasury of the United States, and shall be recoverable,

except as otherwise provided with respect to a forfeiture penalty

determined under section 503(b)(3) of this title, in a civil suit

in the name of the United States brought in the district where the

person or carrier has its principal operating office or in any

district through which the line or system of the carrier runs:

Provided, That any suit for the recovery of a forfeiture imposed

pursuant to the provisions of this chapter shall be a trial de

novo: Provided further, That in the case of forfeiture by a ship,

said forfeiture may also be recoverable by way of libel in any

district in which such ship shall arrive or depart. Such

forfeitures shall be in addition to any other general or specific

penalties provided in this chapter. It shall be the duty of the

various United States attorneys, under the direction of the

Attorney General of the United States, to prosecute for the

recovery of forfeitures under this chapter. The costs and expenses

of such prosecutions shall be paid from the appropriation for the

expenses of the courts of the United States.

(b) Remission and mitigation

The forfeitures imposed by subchapter II of this chapter, parts

II and III of subchapter III of this chapter, and sections 503(b)

and 507 of this title shall be subject to remission or mitigation

by the Commission under such regulations and methods of

ascertaining the facts as may seem to it advisable, and, if suit

has been instituted, the Attorney General, upon request of the

Commission, shall direct the discontinuance of any prosecution to

recover such forfeitures: Provided, however, That no forfeiture

shall be remitted or mitigated after determination by a court of

competent jurisdiction.

(c) Use of notice of apparent liability

In any case where the Commission issues a notice of apparent

liability looking toward the imposition of a forfeiture under this

chapter, that fact shall not be used, in any other proceeding

before the Commission, to the prejudice of the person to whom such

notice was issued, unless (i) the forfeiture has been paid, or (ii)

a court of competent jurisdiction has ordered payment of such

forfeiture, and such order has become final.

-SOURCE-

(June 19, 1934, ch. 652, title V, Sec. 504, 48 Stat. 1101; May 20,

1937, ch. 229, Sec. 14, 50 Stat. 197; June 25, 1948, ch. 646, Sec.

1, 62 Stat. 909; Aug. 13, 1954, ch. 735, Sec. 4, 68 Stat. 729; Aug.

6, 1956, ch. 973, Sec. 2, 70 Stat. 1048; Pub. L. 86-752, Sec.

7(b)-(d), Sept. 13, 1960, 74 Stat. 895; Pub. L. 87-448, Sec. 2, May

11, 1962, 76 Stat. 69; Pub. L. 95-234, Sec. 3, Feb. 21, 1978, 92

Stat. 35; Pub. L. 96-507, Sec. 2(c), Dec. 8, 1980, 94 Stat. 2747.)

-REFTEXT-

REFERENCES IN TEXT

Parts II and III of subchapter III of this chapter, referred to

in subsec. (b), are classified to sections 351 et seq. and 381 et

seq., respectively, of this title.

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-507 conformed reference to section

507 of this title to reflect renumbering of that section which

required no change in text.

1978 - Subsec. (a). Pub. L. 95-234, Sec. 3(a), inserted in first

sentence ", except as otherwise provided with respect to a

forfeiture penalty determined under section 503(b)(3) of this

title," after "recoverable". Such wording was inserted only after

the first reference to "recoverable" as the probable intent of

Congress.

Subsec. (b). Pub. L. 95-234, Sec. 3(b), inserted reference to

subchapter II of this chapter and struck out reference to section

510 of this title and ", upon application therefor," after "by the

Commission".

1962 - Subsec. (b). Pub. L. 87-448 empowered the Commission to

remit or mitigate the forfeitures imposed by section 510 of this

title.

1960 - Subsec. (a). Pub. L. 86-752, Sec. 7(b), inserted proviso

that any suit for recovery of a forfeiture shall be a trial de

novo.

Subsec. (b). Pub. L. 86-752, Sec. 7(c), substituted "sections

503(b) and 507" for "section 507".

Subsec. (c). Pub. L. 86-752, Sec. 7(d), added subsec. (c).

1956 - Subsec. (b). Act Aug. 6, 1956, inserted reference to part

III of subchapter III.

1954 - Subsec. (b). Act Aug. 13, 1954, inserted reference to

section 507 of this title.

1937 - Act May 20, 1937, designated existing provisions as

subsec. (a), inserted proviso as to recovery of forfeiture in any

district where a ship may arrive or depart, and added subsec. (b).

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorneys" for "district attorneys". See section 541 of Title 28,

Judiciary and Judicial Procedure, and Historical and Revision Notes

thereunder.

-MISC2-

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-234 effective on thirtieth day after Feb.

21, 1978, see section 7 of Pub. L. 95-234, set out as a note under

section 152 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 3 of Pub. L. 87-448 provided that: "The amendments made

by this Act [enacting section 510 of this title and amending this

section] shall take effect on the thirtieth day after the date of

its enactment [May 11, 1962]."

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see

section 4 of act Aug. 6, 1956, set out as an Effective Date note

under section 381 of this title.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see

section 6 of act Aug. 13, 1954, set out as an Effective Date note

under section 507 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 503 of this title.

-End-

-CITE-

47 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 505. Venue of trials

-STATUTE-

The trial of any offense under this chapter shall be in the

district in which it is committed; or if the offense is committed

upon the high seas, or out of the jurisdiction of any particular

State or district, the trial shall be in the district where the

offender may be found or into which he shall be first brought.

Whenever the offense is begun in one jurisdiction and completed in

another it may be dealt with, inquired of, tried, determined, and

punished in either jurisdiction in the same manner as if the

offense had been actually and wholly committed therein.

-SOURCE-

(June 19, 1934, ch. 652, title V, Sec. 505, 48 Stat. 1101.)

-End-

-CITE-

47 USC Sec. 506 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 506. Repealed. Pub. L. 96-507, Sec. 1, Dec. 8, 1980, 94 Stat.

2747

-MISC1-

Section, act June 19, 1934, ch. 652, title V, Sec. 506, as added

Apr. 16, 1946, ch. 138, 60 Stat. 89, prohibited certain coercive

practices affecting broadcasting and provided penalties for

violations.

-End-

-CITE-

47 USC Sec. 507 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 507. Violation of Great Lakes Agreement

-STATUTE-

(a) Any vessel of the United States that is navigated in

violation of the provisions of the Great Lakes Agreement or the

rules and regulations of the Commission made in pursuance thereof

and any vessel of a foreign country that is so navigated on waters

under the jurisdiction of the United States shall forfeit to the

United States the sum of $500 recoverable by way of suit or libel.

Each day during which such navigation occurs shall constitute a

separate offense.

(b) Every willful failure on the part of the master of a vessel

of the United States to enforce or to comply with the provisions of

the Great Lakes Agreement or the rules and regulations of the

Commission made in pursuance thereof shall cause him to forfeit to

the United States the sum of $100.

-SOURCE-

(June 19, 1934, ch. 652, title V, Sec. 506, formerly Sec. 507, as

added Aug. 13, 1954, ch. 735, Sec. 3, 68 Stat. 729; renumbered Sec.

506, Pub. L. 96-507, Sec. 1, Dec. 8, 1980, 94 Stat. 2747.)

-MISC1-

PRIOR PROVISIONS

A prior section 506 of act June 19, 1934, ch. 652, was classified

to section 506 of this title prior to repeal by Pub. L. 96-507.

EFFECTIVE DATE

Section 6 of act Aug. 13, 1954, provided that: "This Act

[enacting this section and amending sections 153, 154, and 504 of

this title] shall take effect on November 13, 1954."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 503, 504 of this title.

-End-

-CITE-

47 USC Sec. 508 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 508. Disclosure of payments to individuals connected with

broadcasts

-STATUTE-

(a) Payments to station employees

Subject to subsection (d) of this section, any employee of a

radio station who accepts or agrees to accept from any person

(other than such station), or any person (other than such station)

who pays or agrees to pay such employee, any money, service or

other valuable consideration for the broadcast of any matter over

such station shall, in advance of such broadcast, disclose the fact

of such acceptance or agreement to such station.

(b) Production or preparation of programs

Subject to subsection (d) of this section, any person who, in

connection with the production or preparation of any program or

program matter which is intended for broadcasting over any radio

station, accepts or agrees to accept, or pays or agrees to pay, any

money, service or other valuable consideration for the inclusion of

any matter as a part of such program or program matter, shall, in

advance of such broadcast, disclose the fact of such acceptance or

payment or agreement to the payee's employer, or to the person for

whom such program or program matter is being produced, or to the

licensee of such station over which such program is broadcast.

(c) Supplying of program or program matter

Subject to subsection (d) of this section, any person who

supplies to any other person any program or program matter which is

intended for broadcasting over any radio station shall, in advance

of such broadcast, disclose to such other person any information of

which he has knowledge, or which has been disclosed to him, as to

any money, service or other valuable consideration which any person

has paid or accepted, or has agreed to pay or accept, for the

inclusion of any matter as a part of such program or program

matter.

(d) Waiver of announcements under section 317(d)

The provisions of this section requiring the disclosure of

information shall not apply in any case where, because of a waiver

made by the Commission under section 317(d) of this title, an

announcement is not required to be made under section 317 of this

title.

(e) Announcement under section 317 as sufficient disclosure

The inclusion in the program of the announcement required by

section 317 of this title shall constitute the disclosure required

by this section.

(f) "Service or other valuable consideration" defined

The term "service or other valuable consideration" as used in

this section shall not include any service or property furnished

without charge or at a nominal charge for use on, or in connection

with, a broadcast, or for use on a program which is intended for

broadcasting over any radio station, unless it is so furnished in

consideration for an identification in such broadcast or in such

program of any person, product, service, trademark, or brand name

beyond an identification which is reasonably related to the use of

such service or property in such broadcast or such program.

(g) Penalties

Any person who violates any provision of this section shall, for

each such violation, be fined not more than $10,000 or imprisoned

not more than one year, or both.

-SOURCE-

(June 19, 1934, ch. 652, title V, Sec. 507, formerly Sec. 508, as

added Pub. L. 86-752, Sec. 8(b), Sept. 13, 1960, 74 Stat. 896;

renumbered Sec. 507, Pub. L. 96-507, Sec. 1, Dec. 8, 1980, 94 Stat.

2747.)

-MISC1-

PRIOR PROVISIONS

A prior section 507 of act June 19, 1934, ch. 652, was renumbered

section 506 by section 1 of Pub. L. 96-507, and is classified to

section 507 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 317 of this title.

-End-

-CITE-

47 USC Sec. 509 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 509. Prohibited practices in contests of knowledge, skill, or

chance

-STATUTE-

(a) Influencing, prearranging, or predetermining outcome

It shall be unlawful for any person, with intent to deceive the

listening or viewing public -

(1) To supply to any contestant in a purportedly bona fide

contest of intellectual knowledge or intellectual skill any

special and secret assistance whereby the outcome of such contest

will be in whole or in part prearranged or predetermined.

(2) By means of persuasion, bribery, intimidation, or

otherwise, to induce or cause any contestant in a purportedly

bona fide contest of intellectual knowledge or intellectual skill

to refrain in any manner from using or displaying his knowledge

or skill in such contest, whereby the outcome thereof will be in

whole or in part prearranged or predetermined.

(3) To engage in any artifice or scheme for the purpose of

prearranging or predetermining in whole or in part the outcome of

a purportedly bona fide contest of intellectual knowledge,

intellectual skill, or chance.

(4) To produce or participate in the production for

broadcasting of, to broadcast or participate in the broadcasting

of, to offer to a licensee for broadcasting, or to sponsor, any

radio program, knowing or having reasonable ground for believing

that, in connection with a purportedly bona fide contest of

intellectual knowledge, intellectual skill, or chance

constituting any part of such program, any person has done or is

going to do any act or thing referred to in paragraph (1), (2),

or (3) of this subsection.

(5) To conspire with any other person or persons to do any act

or thing prohibited by paragraph (1), (2), (3), or (4) of this

subsection, if one or more of such persons do any act to effect

the object of such conspiracy.

(b) "Contest" and "the listening or viewing public" defined

For the purposes of this section -

(1) The term "contest" means any contest broadcast by a radio

station in connection with which any money or any other thing of

value is offered as a prize or prizes to be paid or presented by

the program sponsor or by any other person or persons, as

announced in the course of the broadcast.

(2) The term "the listening or viewing public" means those

members of the public who, with the aid of radio receiving sets,

listen to or view programs broadcast by radio stations.

(c) Penalties

Whoever violates subsection (a) of this section shall be fined

not more than $10,000 or imprisoned not more than one year, or

both.

-SOURCE-

(June 19, 1934, ch. 652, title V, Sec. 508, formerly Sec. 509, as

added Pub. L. 96-752, Sec. 9, Sept. 13, 1960, 74 Stat. 897;

renumbered Sec. 508, Pub. L. 96-507, Sec. 1, Dec. 8, 1980, 94 Stat.

2747.)

-MISC1-

PRIOR PROVISIONS

A prior section 508 of act June 19, 1934, ch. 652, was renumbered

section 507 by section 1 of Pub. L. 96-507, and is classified to

section 508 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 503 of this title.

-End-

-CITE-

47 USC Sec. 510 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-

Sec. 510. Forfeiture of communications devices

-STATUTE-

(a) Violation with willful and knowing intent

Any electronic, electromagnetic, radio frequency, or similar

device, or component thereof, used, sent, carried, manufactured,

assembled, possessed, offered for sale, sold, or advertised with

willful and knowing intent to violate section 301 or 302a of this

title, or rules prescribed by the Commission under such sections,

may be seized and forfeited to the United States.

(b) Seizure

Any property subject to forfeiture to the United States under

this section may be seized by the Attorney General of the United

States upon process issued pursuant to the supplemental rules for

certain admiralty and maritime claims by any district court of the

United States having jurisdiction over the property, except that

seizure without such process may be made if the seizure is incident

to a lawful arrest or search.

(c) Laws applicable to seizure and forfeiture

All provisions of law relating to -

(1) the seizure, summary and judicial forfeiture, and

condemnation of property for violation of the customs laws;

(2) the disposition of such property or the proceeds from the

sale thereof;

(3) the remission or mitigation of such forfeitures; and

(4) the compromise of claims with respect to such forfeitures;

shall apply to seizures and forfeitures incurred, or alleged to

have been incurred, under the provisions of this section, insofar

as applicable and not inconsistent with the provisions of this

section, except that such seizures and forfeitures shall be limited

to the communications device, devices, or components thereof.

(d) Disposition of forfeited property

Whenever property is forfeited under this section, the Attorney

General of the United States may forward it to the Commission or

sell any forfeited property which is not harmful to the public. The

proceeds from any such sale shall be deposited in the general fund

of the Treasury of the United States.

-SOURCE-

(June 19, 1934, ch. 652, title V, Sec. 510, as added Pub. L.

97-259, title I, Sec. 125, Sept. 13, 1982, 96 Stat. 1098.)

-MISC1-

PRIOR PROVISIONS

A prior section 510, act June 19, 1934, ch. 652, title V, Sec.

510, as added May 11, 1962, Pub. L. 87-448, Sec. 1, 76 Stat. 68,

related to forfeitures for violations of rules and regulations by

radio stations operating in common carrier, safety and special

radio fields, prior to repeal effective the thirtieth day after

Feb. 21, 1978, by Pub. L. 95-234, Secs. 4, 7, Feb. 21, 1978, 92

Stat. 35.

-End-

-CITE-

47 USC SUBCHAPTER V-A - CABLE COMMUNICATIONS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V09A - CABLE COMMUNICATIONS

-HEAD-

SUBCHAPTER V-A - CABLE COMMUNICATIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 152 of this title;

title 18 section 1468.

-End-

-CITE-

47 USC Part I - General Provisions 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER V09A - CABLE COMMUNICATIONS

Part I - General Provisions

-HEAD-

PART I - GENERAL PROVISIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 571 of this title.

-End-