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