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

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47 USC Sec. 254 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 254. Universal service

-STATUTE-

(a) Procedures to review universal service requirements

(1) Federal-State Joint Board on universal service

Within one month after February 8, 1996, the Commission shall

institute and refer to a Federal-State Joint Board under section

410(c) of this title a proceeding to recommend changes to any of

its regulations in order to implement sections 214(e) of this

title and this section, including the definition of the services

that are supported by Federal universal service support

mechanisms and a specific timetable for completion of such

recommendations. In addition to the members of the Joint Board

required under section 410(c) of this title, one member of such

Joint Board shall be a State-appointed utility consumer advocate

nominated by a national organization of State utility consumer

advocates. The Joint Board shall, after notice and opportunity

for public comment, make its recommendations to the Commission 9

months after February 8, 1996.

(2) Commission action

The Commission shall initiate a single proceeding to implement

the recommendations from the Joint Board required by paragraph

(1) and shall complete such proceeding within 15 months after

February 8, 1996. The rules established by such proceeding shall

include a definition of the services that are supported by

Federal universal service support mechanisms and a specific

timetable for implementation. Thereafter, the Commission shall

complete any proceeding to implement subsequent recommendations

from any Joint Board on universal service within one year after

receiving such recommendations.

(b) Universal service principles

The Joint Board and the Commission shall base policies for the

preservation and advancement of universal service on the following

principles:

(1) Quality and rates

Quality services should be available at just, reasonable, and

affordable rates.

(2) Access to advanced services

Access to advanced telecommunications and information services

should be provided in all regions of the Nation.

(3) Access in rural and high cost areas

Consumers in all regions of the Nation, including low-income

consumers and those in rural, insular, and high cost areas,

should have access to telecommunications and information

services, including interexchange services and advanced

telecommunications and information services, that are reasonably

comparable to those services provided in urban areas and that are

available at rates that are reasonably comparable to rates

charged for similar services in urban areas.

(4) Equitable and nondiscriminatory contributions

All providers of telecommunications services should make an

equitable and nondiscriminatory contribution to the preservation

and advancement of universal service.

(5) Specific and predictable support mechanisms

There should be specific, predictable and sufficient Federal

and State mechanisms to preserve and advance universal service.

(6) Access to advanced telecommunications services for schools,

health care, and libraries

Elementary and secondary schools and classrooms, health care

providers, and libraries should have access to advanced

telecommunications services as described in subsection (h) of

this section.

(7) Additional principles

Such other principles as the Joint Board and the Commission

determine are necessary and appropriate for the protection of the

public interest, convenience, and necessity and are consistent

with this chapter.

(1) In general

Universal service is an evolving level of telecommunications

services that the Commission shall establish periodically under

this section, taking into account advances in telecommunications

and information technologies and services. The Joint Board in

recommending, and the Commission in establishing, the definition

of the services that are supported by Federal universal service

support mechanisms shall consider the extent to which such

telecommunications services -

(A) are essential to education, public health, or public

safety;

(B) have, through the operation of market choices by

customers, been subscribed to by a substantial majority of

residential customers;

by telecommunications carriers; and

(D) are consistent with the public interest, convenience, and

necessity.

(2) Alterations and modifications

The Joint Board may, from time to time, recommend to the

Commission modifications in the definition of the services that

are supported by Federal universal service support mechanisms.

(3) Special services

In addition to the services included in the definition of

universal service under paragraph (1), the Commission may

designate additional services for such support mechanisms for

schools, libraries, and health care providers for the purposes of

subsection (h) of this section.

(d) Telecommunications carrier contribution

Every telecommunications carrier that provides interstate

telecommunications services shall contribute, on an equitable and

nondiscriminatory basis, to the specific, predictable, and

sufficient mechanisms established by the Commission to preserve and

advance universal service. The Commission may exempt a carrier or

class of carriers from this requirement if the carrier's

telecommunications activities are limited to such an extent that

the level of such carrier's contribution to the preservation and

advancement of universal service would be de minimis. Any other

provider of interstate telecommunications may be required to

contribute to the preservation and advancement of universal service

if the public interest so requires.

(e) Universal service support

After the date on which Commission regulations implementing this

section take effect, only an eligible telecommunications carrier

designated under section 214(e) of this title shall be eligible to

receive specific Federal universal service support. A carrier that

receives such support shall use that support only for the

provision, maintenance, and upgrading of facilities and services

for which the support is intended. Any such support should be

explicit and sufficient to achieve the purposes of this section.

(f) State authority

A State may adopt regulations not inconsistent with the

Commission's rules to preserve and advance universal service. Every

telecommunications carrier that provides intrastate

telecommunications services shall contribute, on an equitable and

nondiscriminatory basis, in a manner determined by the State to the

preservation and advancement of universal service in that State. A

State may adopt regulations to provide for additional definitions

and standards to preserve and advance universal service within that

State only to the extent that such regulations adopt additional

specific, predictable, and sufficient mechanisms to support such

definitions or standards that do not rely on or burden Federal

universal service support mechanisms.

(g) Interexchange and interstate services

Within 6 months after February 8, 1996, the Commission shall

adopt rules to require that the rates charged by providers of

interexchange telecommunications services to subscribers in rural

and high cost areas shall be no higher than the rates charged by

each such provider to its subscribers in urban areas. Such rules

shall also require that a provider of interstate interexchange

telecommunications services shall provide such services to its

subscribers in each State at rates no higher than the rates charged

to its subscribers in any other State.

(h) Telecommunications services for certain providers

(1) In general

(A) Health care providers for rural areas

A telecommunications carrier shall, upon receiving a bona

fide request, provide telecommunications services which are

necessary for the provision of health care services in a State,

including instruction relating to such services, to any public

or nonprofit health care provider that serves persons who

reside in rural areas in that State at rates that are

reasonably comparable to rates charged for similar services in

urban areas in that State. A telecommunications carrier

providing service under this paragraph shall be entitled to

have an amount equal to the difference, if any, between the

rates for services provided to health care providers for rural

areas in a State and the rates for similar services provided to

other customers in comparable rural areas in that State treated

as a service obligation as a part of its obligation to

participate in the mechanisms to preserve and advance universal

service.

(B) Educational providers and libraries

All telecommunications carriers serving a geographic area

shall, upon a bona fide request for any of its services that

are within the definition of universal service under subsection

(c)(3) of this section, provide such services to elementary

schools, secondary schools, and libraries for educational

purposes at rates less than the amounts charged for similar

services to other parties. The discount shall be an amount that

the Commission, with respect to interstate services, and the

States, with respect to intrastate services, determine is

appropriate and necessary to ensure affordable access to and

use of such services by such entities. A telecommunications

carrier providing service under this paragraph shall -

(i) have an amount equal to the amount of the discount

treated as an offset to its obligation to contribute to the

mechanisms to preserve and advance universal service, or

(ii) notwithstanding the provisions of subsection (e) of

this section, receive reimbursement utilizing the support

mechanisms to preserve and advance universal service.

(2) Advanced services

The Commission shall establish competitively neutral rules -

(A) to enhance, to the extent technically feasible and

economically reasonable, access to advanced telecommunications

and information services for all public and nonprofit

elementary and secondary school classrooms, health care

providers, and libraries; and

(B) to define the circumstances under which a

telecommunications carrier may be required to connect its

network to such public institutional telecommunications users.

(3) Terms and conditions

Telecommunications services and network capacity provided to a

public institutional telecommunications user under this

subsection may not be sold, resold, or otherwise transferred by

such user in consideration for money or any other thing of value.

(4) Eligibility of users

No entity listed in this subsection shall be entitled to

preferential rates or treatment as required by this subsection,

if such entity operates as a for-profit business, is a school

described in paragraph (7)(A) with an endowment of more than

$50,000,000, or is a library or library consortium not eligible

for assistance from a State library administrative agency under

the Library Services and Technology Act [20 U.S.C. 9121 et seq.].

(5) Requirements for certain schools with computers having

Internet access

(A) Internet safety

(i) In general

Except as provided in clause (ii), an elementary or

secondary school having computers with Internet access may

not receive services at discount rates under paragraph (1)(B)

unless the school, school board, local educational agency, or

other authority with responsibility for administration of the

school -

(I) submits to the Commission the certifications

described in subparagraphs (B) and (C);

(II) submits to the Commission a certification that an

Internet safety policy has been adopted and implemented for

the school under subsection (l) of this section; and

(III) ensures the use of such computers in accordance

with the certifications.

(ii) Applicability

The prohibition in clause (i) shall not apply with respect

to a school that receives services at discount rates under

paragraph (1)(B) only for purposes other than the provision

of Internet access, Internet service, or internal

connections.

(iii) Public notice; hearing

An elementary or secondary school described in clause (i),

or the school board, local educational agency, or other

authority with responsibility for administration of the

school, shall provide reasonable public notice and hold at

least one public hearing or meeting to address the proposed

Internet safety policy. In the case of an elementary or

secondary school other than an elementary or secondary school

as defined in section 8801 (!1) of title 20, the notice and

hearing required by this clause may be limited to those

members of the public with a relationship to the school.

(B) Certification with respect to minors

A certification under this subparagraph is a certification

that the school, school board, local educational agency, or

other authority with responsibility for administration of the

school -

(i) is enforcing a policy of Internet safety for minors

that includes monitoring the online activities of minors and

the operation of a technology protection measure with respect

to any of its computers with Internet access that protects

against access through such computers to visual depictions

that are -

(I) obscene;

(II) child pornography; or

(III) harmful to minors; and

(ii) is enforcing the operation of such technology

protection measure during any use of such computers by

minors.

A certification under this paragraph is a certification that

the school, school board, local educational agency, or other

authority with responsibility for administration of the school

(i) is enforcing a policy of Internet safety that includes

the operation of a technology protection measure with respect

to any of its computers with Internet access that protects

against access through such computers to visual depictions

that are -

(I) obscene; or

(II) child pornography; and

(ii) is enforcing the operation of such technology

protection measure during any use of such computers.

(D) Disabling during adult use

An administrator, supervisor, or other person authorized by

the certifying authority under subparagraph (A)(i) may disable

the technology protection measure concerned, during use by an

adult, to enable access for bona fide research or other lawful

purpose.

(E) Timing of implementation

(i) In general

Subject to clause (ii) in the case of any school covered by

this paragraph as of the effective date of this paragraph

under section 1721(h) of the Children's Internet Protection

Act, the certification under subparagraphs (B) and (C) shall

be made -

(I) with respect to the first program funding year under

this subsection following such effective date, not later

than 120 days after the beginning of such program funding

year; and

(II) with respect to any subsequent program funding year,

as part of the application process for such program funding

year.

(ii) Process

(I) Schools with Internet safety policy and technology

protection measures in place

A school covered by clause (i) that has in place an

Internet safety policy and technology protection measures

meeting the requirements necessary for certification under

subparagraphs (B) and (C) shall certify its compliance with

subparagraphs (B) and (C) during each annual program

application cycle under this subsection, except that with

respect to the first program funding year after the

effective date of this paragraph under section 1721(h) of

the Children's Internet Protection Act, the certifications

shall be made not later than 120 days after the beginning

of such first program funding year.

(II) Schools without Internet safety policy and technology

protection measures in place

A school covered by clause (i) that does not have in

place an Internet safety policy and technology protection

measures meeting the requirements necessary for

certification under subparagraphs (B) and (C) -

(aa) for the first program year after the effective

date of this subsection in which it is applying for funds

under this subsection, shall certify that it is

undertaking such actions, including any necessary

procurement procedures, to put in place an Internet

safety policy and technology protection measures meeting

the requirements necessary for certification under

subparagraphs (B) and (C); and

(bb) for the second program year after the effective

date of this subsection in which it is applying for funds

under this subsection, shall certify that it is in

compliance with subparagraphs (B) and (C).

Any school that is unable to certify compliance with such

requirements in such second program year shall be

ineligible for services at discount rates or funding in

lieu of services at such rates under this subsection for

such second year and all subsequent program years under

this subsection, until such time as such school comes into

compliance with this paragraph.

(III) Waivers

Any school subject to subclause (II) that cannot come

into compliance with subparagraphs (B) and (C) in such

second year program may seek a waiver of subclause (II)(bb)

if State or local procurement rules or regulations or

competitive bidding requirements prevent the making of the

certification otherwise required by such subclause. A

school, school board, local educational agency, or other

authority with responsibility for administration of the

school shall notify the Commission of the applicability of

such subclause to the school. Such notice shall certify

that the school in question will be brought into compliance

before the start of the third program year after the

effective date of this subsection in which the school is

applying for funds under this subsection.

(F) Noncompliance

(i) Failure to submit certification

Any school that knowingly fails to comply with the

application guidelines regarding the annual submission of

certification required by this paragraph shall not be

eligible for services at discount rates or funding in lieu of

services at such rates under this subsection.

(ii) Failure to comply with certification

Any school that knowingly fails to ensure the use of its

computers in accordance with a certification under

subparagraphs (B) and (C) shall reimburse any funds and

discounts received under this subsection for the period

covered by such certification.

(iii) Remedy of noncompliance

(I) Failure to submit

A school that has failed to submit a certification under

clause (i) may remedy the failure by submitting the

certification to which the failure relates. Upon submittal

of such certification, the school shall be eligible for

services at discount rates under this subsection.

(II) Failure to comply

A school that has failed to comply with a certification

as described in clause (ii) may remedy the failure by

ensuring the use of its computers in accordance with such

certification. Upon submittal to the Commission of a

certification or other appropriate evidence of such remedy,

the school shall be eligible for services at discount rates

under this subsection.

(6) Requirements for certain libraries with computers having

Internet access

(A) Internet safety

(i) In general

Except as provided in clause (ii), a library having one or

more computers with Internet access may not receive services

at discount rates under paragraph (1)(B) unless the library -

(I) submits to the Commission the certifications

described in subparagraphs (B) and (C); and

(II) submits to the Commission a certification that an

Internet safety policy has been adopted and implemented for

the library under subsection (l) of this section; and

(III) ensures the use of such computers in accordance

with the certifications.

(ii) Applicability

The prohibition in clause (i) shall not apply with respect

to a library that receives services at discount rates under

paragraph (1)(B) only for purposes other than the provision

of Internet access, Internet service, or internal

connections.

(iii) Public notice; hearing

A library described in clause (i) shall provide reasonable

public notice and hold at least one public hearing or meeting

to address the proposed Internet safety policy.

(B) Certification with respect to minors

A certification under this subparagraph is a certification

that the library -

(i) is enforcing a policy of Internet safety that includes

the operation of a technology protection measure with respect

to any of its computers with Internet access that protects

against access through such computers to visual depictions

that are -

(I) obscene;

(II) child pornography; or

(III) harmful to minors; and

(ii) is enforcing the operation of such technology

protection measure during any use of such computers by

minors.

A certification under this paragraph is a certification that

the library -

(i) is enforcing a policy of Internet safety that includes

the operation of a technology protection measure with respect

to any of its computers with Internet access that protects

against access through such computers to visual depictions

that are -

(I) obscene; or

(II) child pornography; and

(ii) is enforcing the operation of such technology

protection measure during any use of such computers.

(D) Disabling during adult use

An administrator, supervisor, or other person authorized by

the certifying authority under subparagraph (A)(i) may disable

the technology protection measure concerned, during use by an

adult, to enable access for bona fide research or other lawful

purpose.

(E) Timing of implementation

(i) In general

Subject to clause (ii) in the case of any library covered

by this paragraph as of the effective date of this paragraph

under section 1721(h) of the Children's Internet Protection

Act, the certification under subparagraphs (B) and (C) shall

be made -

(I) with respect to the first program funding year under

this subsection following such effective date, not later

than 120 days after the beginning of such program funding

year; and

(II) with respect to any subsequent program funding year,

as part of the application process for such program funding

year.

(ii) Process

(I) Libraries with Internet safety policy and technology

protection measures in place

A library covered by clause (i) that has in place an

Internet safety policy and technology protection measures

meeting the requirements necessary for certification under

subparagraphs (B) and (C) shall certify its compliance with

subparagraphs (B) and (C) during each annual program

application cycle under this subsection, except that with

respect to the first program funding year after the

effective date of this paragraph under section 1721(h) of

the Children's Internet Protection Act, the certifications

shall be made not later than 120 days after the beginning

of such first program funding year.

(II) Libraries without Internet safety policy and

technology protection measures in place

A library covered by clause (i) that does not have in

place an Internet safety policy and technology protection

measures meeting the requirements necessary for

certification under subparagraphs (B) and (C) -

(aa) for the first program year after the effective

date of this subsection in which it is applying for funds

under this subsection, shall certify that it is

undertaking such actions, including any necessary

procurement procedures, to put in place an Internet

safety policy and technology protection measures meeting

the requirements necessary for certification under

subparagraphs (B) and (C); and

(bb) for the second program year after the effective

date of this subsection in which it is applying for funds

under this subsection, shall certify that it is in

compliance with subparagraphs (B) and (C).

Any library that is unable to certify compliance with such

requirements in such second program year shall be

ineligible for services at discount rates or funding in

lieu of services at such rates under this subsection for

such second year and all subsequent program years under

this subsection, until such time as such library comes into

compliance with this paragraph.

(III) Waivers

Any library subject to subclause (II) that cannot come

into compliance with subparagraphs (B) and (C) in such

second year may seek a waiver of subclause (II)(bb) if

State or local procurement rules or regulations or

competitive bidding requirements prevent the making of the

certification otherwise required by such subclause. A

library, library board, or other authority with

responsibility for administration of the library shall

notify the Commission of the applicability of such

subclause to the library. Such notice shall certify that

the library in question will be brought into compliance

before the start of the third program year after the

effective date of this subsection in which the library is

applying for funds under this subsection.

(F) Noncompliance

(i) Failure to submit certification

Any library that knowingly fails to comply with the

application guidelines regarding the annual submission of

certification required by this paragraph shall not be

eligible for services at discount rates or funding in lieu of

services at such rates under this subsection.

(ii) Failure to comply with certification

Any library that knowingly fails to ensure the use of its

computers in accordance with a certification under

subparagraphs (B) and (C) shall reimburse all funds and

discounts received under this subsection for the period

covered by such certification.

(iii) Remedy of noncompliance

(I) Failure to submit

A library that has failed to submit a certification under

clause (i) may remedy the failure by submitting the

certification to which the failure relates. Upon submittal

of such certification, the library shall be eligible for

services at discount rates under this subsection.

(II) Failure to comply

A library that has failed to comply with a certification

as described in clause (ii) may remedy the failure by

ensuring the use of its computers in accordance with such

certification. Upon submittal to the Commission of a

certification or other appropriate evidence of such remedy,

the library shall be eligible for services at discount

rates under this subsection.

(7) Definitions

For purposes of this subsection:

(A) Elementary and secondary schools

The term "elementary and secondary schools" means elementary

schools and secondary schools, as defined in section 7801 of

title 20.

(B) Health care provider

The term "health care provider" means -

(i) post-secondary educational institutions offering health

care instruction, teaching hospitals, and medical schools;

(ii) community health centers or health centers providing

health care to migrants;

(iii) local health departments or agencies;

(iv) community mental health centers;

(v) not-for-profit hospitals;

(vi) rural health clinics; and

(vii) consortia of health care providers consisting of one

or more entities described in clauses (i) through (vi).

The term "public institutional telecommunications user" means

an elementary or secondary school, a library, or a health care

provider as those terms are defined in this paragraph.

(D) Minor

The term "minor" means any individual who has not attained

the age of 17 years.

(E) Obscene

The term "obscene" has the meaning given such term in section

1460 of title 18.

(F) Child pornography

The term "child pornography" has the meaning given such term

in section 2256 of title 18.

(G) Harmful to minors

The term "harmful to minors" means any picture, image,

graphic image file, or other visual depiction that -

(i) taken as a whole and with respect to minors, appeals to

a prurient interest in nudity, sex, or excretion;

(ii) depicts, describes, or represents, in a patently

offensive way with respect to what is suitable for minors, an

actual or simulated sexual act or sexual contact, actual or

simulated normal or perverted sexual acts, or a lewd

exhibition of the genitals; and

(iii) taken as a whole, lacks serious literary, artistic,

political, or scientific value as to minors.

(H) Sexual act; sexual contact

The terms "sexual act" and "sexual contact" have the meanings

given such terms in section 2246 of title 18.

(I) Technology protection measure

The term "technology protection measure" means a specific

technology that blocks or filters Internet access to the

material covered by a certification under paragraph (5) or (6)

to which such certification relates.

(i) Consumer protection

The Commission and the States should ensure that universal

service is available at rates that are just, reasonable, and

affordable.

(j) Lifeline assistance

Nothing in this section shall affect the collection,

distribution, or administration of the Lifeline Assistance Program

provided for by the Commission under regulations set forth in

section 69.117 of title 47, Code of Federal Regulations, and other

related sections of such title.

(k) Subsidy of competitive services prohibited

A telecommunications carrier may not use services that are not

competitive to subsidize services that are subject to competition.

The Commission, with respect to interstate services, and the

States, with respect to intrastate services, shall establish any

necessary cost allocation rules, accounting safeguards, and

guidelines to ensure that services included in the definition of

universal service bear no more than a reasonable share of the joint

and common costs of facilities used to provide those services.

(l) Internet safety policy requirement for schools and libraries

(1) In general

In carrying out its responsibilities under subsection (h) of

this section, each school or library to which subsection (h) of

this section applies shall -

(A) adopt and implement an Internet safety policy that

addresses -

(i) access by minors to inappropriate matter on the

Internet and World Wide Web;

(ii) the safety and security of minors when using

electronic mail, chat rooms, and other forms of direct

electronic communications;

(iii) unauthorized access, including so-called "hacking",

and other unlawful activities by minors online;

(iv) unauthorized disclosure, use, and dissemination of

personal identification information regarding minors; and

(v) measures designed to restrict minors' access to

materials harmful to minors; and

(B) provide reasonable public notice and hold at least one

public hearing or meeting to address the proposed Internet

safety policy.

(2) Local determination of content

A determination regarding what matter is inappropriate for

minors shall be made by the school board, local educational

agency, library, or other authority responsible for making the

determination. No agency or instrumentality of the United States

Government may -

(A) establish criteria for making such determination;

(B) review the determination made by the certifying school,

school board, local educational agency, library, or other

authority; or

school board, local educational agency, library, or other

authority in the administration of subsection (h)(1)(B) of this

section.

(3) Availability for review

Each Internet safety policy adopted under this subsection shall

be made available to the Commission, upon request of the

Commission, by the school, school board, local educational

agency, library, or other authority responsible for adopting such

Internet safety policy for purposes of the review of such

Internet safety policy by the Commission.

(4) Effective date

This subsection shall apply with respect to schools and

libraries on or after the date that is 120 days after December

21, 2000.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 254, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 71; amended

Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.

709(a)(8)], Sept. 30, 1996, 110 Stat. 3009-233, 3009-313; Pub. L.

106-554, Sec. 1(a)(4) [div. B, title XVII, Secs. 1721(a)-(d),

1732], Dec. 21, 2000, 114 Stat. 2763, 2763A-343 to 2763A-350; Pub.

L. 107-110, title X, Sec. 1076(hh), Jan. 8, 2002, 115 Stat. 2094.)

-REFTEXT-

REFERENCES IN TEXT

The Library Services and Technology Act, referred to in subsec.

(h)(4), is subtitle B (Secs. 211-263) of title II of Pub. L.

94-462, as added by Pub. L. 104-208, div. A, title I, Sec. 101(e)

[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,

3009-295, which is classified generally to subchapter II (Sec. 9121

et seq.) of chapter 72 of Title 20, Education. For complete

classification of this Act to the Code, see Short Title note set

out under section 9101 of Title 20 and Tables.

Section 8801 of title 20, referred to in subsec. (h)(5)(A)(iii),

was repealed by Pub. L. 107-110, title X, Sec. 1011(5)(C), Jan. 8,

2002, 115 Stat. 1986. See section 7801 of Title 20, Education.

For the effective date of this paragraph under section 1721(h) of

the Children's Internet Protection Act, referred to in subsec.

(h)(5)(E), (6)(E), as 120 days after Dec. 21, 2000, see Sec.

1(a)(4) [div. B, title VII, Sec. 1721(h)] of Pub. L. 106-554, set

out as an Effective Date of 2000 Amendment note below.

The effective date of this subsection, referred to in subsec.

(h)(5)(E), (6)(E), probably means the effective date of subsec.

(h)(5) and (6) which is 120 days after Dec. 21, 2000, see Sec.

1(a)(4) [div. B, title VII, Sec. 1721(h)] of Pub. L. 106-554, set

out as an Effective Date of 2000 Amendment note below.

-MISC1-

AMENDMENTS

2002 - Subsec. (h)(7)(A). Pub. L. 107-110 substituted "section

7801" for "paragraphs (14) and (25), respectively, of section

8801".

2000 - Subsec. (h)(4). Pub. L. 106-554, Sec. 1(a)(4) [div. B,

title XVII, Sec. 1721(d)], substituted "paragraph (7)(A)" for

"paragraph (5)(A)".

Subsec. (h)(5). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title

XVII, Sec. 1721(a)(2)], added par. (5). Former par. (5)

redesignated (7).

Subsec. (h)(6). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title

XVII, Sec. 1721(b)], added par. (6).

Subsec. (h)(7). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title

XVII, Sec. 1721(a)(1)], redesignated par. (5) as (7).

Subsec. (h)(7)(D) to (I). Pub. L. 106-554, Sec. 1(a)(4) [div. B,

title XVII, Sec. 1721(c)], added subpars. (D) to (I).

Subsec. (l). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII,

Sec. 1732], added subsec. (l).

1996 - Subsec. (h)(4). Pub. L. 104-208 substituted "library or

library consortium not eligible for assistance from a State library

administrative agency under the Library Services and Technology

Act" for "library not eligible for participation in State-based

plans for funds under title III of the Library Services and

Construction Act (20 U.S.C. 335c et seq.)".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(h)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that: "The

amendments made by this section [amending this section and enacting

provisions set out as notes under this section and section 7001 of

Title 20, Education] shall take effect 120 days after the date of

the enactment of this Act [Dec. 21, 2000]."

REGULATIONS

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(f)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that:

"(1) Requirement. - The Federal Communications Commission shall

prescribe regulations for purposes of administering the provisions

of paragraphs (5) and (6) of section 254(h) of the Communications

Act of 1934 [47 U.S.C. 254(h)], as amended by this section.

"(2) Deadline. - Notwithstanding any other provision of law, the

Commission shall prescribe regulations under paragraph (1) so as to

ensure that such regulations take effect 120 days after the date of

the enactment of this Act [Dec. 21, 2000]."

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1733],

Dec. 21, 2000, 114 Stat. 2763, 2763A-351, provided that: "Not later

than 120 days after the date of enactment of this Act [Dec. 21,

2000], the Federal Communications Commission shall prescribe

regulations for purposes of section 254(l) of the Communications

Act of 1934 [47 U.S.C. 254(l)], as added by section 1732 of this

Act."

SEPARABILITY

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(e)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that: "If any

provision of paragraph (5) or (6) of section 254(h) of the

Communications Act of 1934 [47 U.S.C. 254(h)], as amended by this

section, or the application thereof to any person or circumstance

is held invalid, the remainder of such paragraph and the

application of such paragraph to other persons or circumstances

shall not be affected thereby."

DISCLAIMERS REGARDING INTERNET ACCESS AND PRIVACY

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1702],

Dec. 21, 2000, 114 Stat. 2763, 2763A-336, provided that:

"(a) Disclaimer Regarding Content. - Nothing in this title [see

Short Title of 2000 Amendments note set out under section 6301 of

Title 20, Education] or the amendments made by this title shall be

construed to prohibit a local educational agency, elementary or

secondary school, or library from blocking access on the Internet

on computers owned or operated by that agency, school, or library

to any content other than content covered by this title or the

amendments made by this title.

"(b) Disclaimer Regarding Privacy. - Nothing in this title or the

amendments made by this title shall be construed to require the

tracking of Internet use by any identifiable minor or adult user."

EXPEDITED REVIEW

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1741],

Dec. 21, 2000, 114 Stat. 2763, 2763A-351, provided that:

"(a) Three-Judge District Court Hearing. - Notwithstanding any

other provision of law, any civil action challenging the

constitutionality, on its face, of this title [see Short Title of

2000 Amendments note set out under section 6301 of Title 20,

Education] or any amendment made by this title, or any provision

thereof, shall be heard by a district court of three judges

convened pursuant to the provisions of section 2284 of title 28,

United States Code.

"(b) Appellate Review. - Notwithstanding any other provision of

law, an interlocutory or final judgment, decree, or order of the

court of three judges in an action under subsection (a) holding

this title or an amendment made by this title, or any provision

thereof, unconstitutional shall be reviewable as a matter of right

by direct appeal to the Supreme Court. Any such appeal shall be

filed not more than 20 days after entry of such judgment, decree,

or order."

UNIVERSAL SERVICE FUND PAYMENT SCHEDULE

Pub. L. 105-33, title III, Sec. 3006, Aug. 5, 1997, 111 Stat.

269, related to appropriations to the Universal Service Fund in

support of programs established pursuant to rules implementing this

section and adjustment of payments by telecommunications carriers

and other providers of interstate telecommunications prior to

repeal by Pub. L. 105-119, title VI, Sec. 622, Nov. 26, 1997, 111

Stat. 2521. Section 622 of Pub. L. 105-119 provided further that:

"This section shall be deemed a section of the Balanced Budget Act

of 1997 [Pub. L. 105-33, see Tables for classification] for the

purposes of section 10213 of that Act (111 Stat. 712) [2 U.S.C. 902

note], and shall be scored pursuant to paragraph (2) of such

section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 214, 251, 253, 271 of

this title; title 4 section 116; title 20 sections 6777, 9134.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

47 USC Sec. 255 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 255. Access by persons with disabilities

-STATUTE-

(a) Definitions

As used in this section -

(1) Disability

The term "disability" has the meaning given to it by section

12102(2)(A) of title 42.

(2) Readily achievable

The term "readily achievable" has the meaning given to it by

section 12181(9) of title 42.

(b) Manufacturing

A manufacturer of telecommunications equipment or customer

premises equipment shall ensure that the equipment is designed,

developed, and fabricated to be accessible to and usable by

individuals with disabilities, if readily achievable.

A provider of telecommunications service shall ensure that the

service is accessible to and usable by individuals with

disabilities, if readily achievable.

(d) Compatibility

Whenever the requirements of subsections (b) and (c) of this

section are not readily achievable, such a manufacturer or provider

shall ensure that the equipment or service is compatible with

existing peripheral devices or specialized customer premises

equipment commonly used by individuals with disabilities to achieve

access, if readily achievable.

(e) Guidelines

Within 18 months after February 8, 1996, the Architectural and

Transportation Barriers Compliance Board shall develop guidelines

for accessibility of telecommunications equipment and customer

premises equipment in conjunction with the Commission. The Board

shall review and update the guidelines periodically.

(f) No additional private rights authorized

Nothing in this section shall be construed to authorize any

private right of action to enforce any requirement of this section

or any regulation thereunder. The Commission shall have exclusive

jurisdiction with respect to any complaint under this section.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 255, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 75.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 251 of this title; title

29 section 792.

-End-

-CITE-

47 USC Sec. 256 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 256. Coordination for interconnectivity

-STATUTE-

(a) Purpose

It is the purpose of this section -

(1) to promote nondiscriminatory accessibility by the broadest

number of users and vendors of communications products and

services to public telecommunications networks used to provide

telecommunications service through -

(A) coordinated public telecommunications network planning

and design by telecommunications carriers and other providers

of telecommunications service; and

(B) public telecommunications network interconnectivity, and

interconnectivity of devices with such networks used to provide

telecommunications service; and

(2) to ensure the ability of users and information providers to

seamlessly and transparently transmit and receive information

between and across telecommunications networks.

(b) Commission functions

In carrying out the purposes of this section, the Commission -

(1) shall establish procedures for Commission oversight of

coordinated network planning by telecommunications carriers and

other providers of telecommunications service for the effective

and efficient interconnection of public telecommunications

networks used to provide telecommunications service; and

(2) may participate, in a manner consistent with its authority

and practice prior to February 8, 1996, in the development by

appropriate industry standards-setting organizations of public

telecommunications network interconnectivity standards that

promote access to -

(A) public telecommunications networks used to provide

telecommunications service;

(B) network capabilities and services by individuals with

disabilities; and

companies.

Nothing in this section shall be construed as expanding or

limiting any authority that the Commission may have under law in

effect before February 8, 1996.

(d) "Public telecommunications network interconnectivity" defined

As used in this section, the term "public telecommunications

network interconnectivity" means the ability of two or more public

telecommunications networks used to provide telecommunications

service to communicate and exchange information without

degeneration, and to interact in concert with one another.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 256, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 76.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 251 of this title.

-End-

-CITE-

47 USC Sec. 257 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 257. Market entry barriers proceeding

-STATUTE-

(a) Elimination of barriers

Within 15 months after February 8, 1996, the Commission shall

complete a proceeding for the purpose of identifying and

eliminating, by regulations pursuant to its authority under this

chapter (other than this section), market entry barriers for

entrepreneurs and other small businesses in the provision and

ownership of telecommunications services and information services,

or in the provision of parts or services to providers of

telecommunications services and information services.

(b) National policy

In carrying out subsection (a) of this section, the Commission

shall seek to promote the policies and purposes of this chapter

favoring diversity of media voices, vigorous economic competition,

technological advancement, and promotion of the public interest,

convenience, and necessity.

Every 3 years following the completion of the proceeding required

by subsection (a) of this section, the Commission shall review and

report to Congress on -

(1) any regulations prescribed to eliminate barriers within its

jurisdiction that are identified under subsection (a) of this

section and that can be prescribed consistent with the public

interest, convenience, and necessity; and

(2) the statutory barriers identified under subsection (a) of

this section that the Commission recommends be eliminated,

consistent with the public interest, convenience, and necessity.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 257, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 77.)

-End-

-CITE-

47 USC Sec. 258 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 258. Illegal changes in subscriber carrier selections

-STATUTE-

(a) Prohibition

No telecommunications carrier shall submit or execute a change in

a subscriber's selection of a provider of telephone exchange

service or telephone toll service except in accordance with such

verification procedures as the Commission shall prescribe. Nothing

in this section shall preclude any State commission from enforcing

such procedures with respect to intrastate services.

(b) Liability for charges

Any telecommunications carrier that violates the verification

procedures described in subsection (a) of this section and that

collects charges for telephone exchange service or telephone toll

service from a subscriber shall be liable to the carrier previously

selected by the subscriber in an amount equal to all charges paid

by such subscriber after such violation, in accordance with such

procedures as the Commission may prescribe. The remedies provided

by this subsection are in addition to any other remedies available

by law.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 258, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 77.)

-End-

-CITE-

47 USC Sec. 259 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 259. Infrastructure sharing

-STATUTE-

(a) Regulations required

The Commission shall prescribe, within one year after February 8,

1996, regulations that require incumbent local exchange carriers

(as defined in section 251(h) of this title) to make available to

any qualifying carrier such public switched network infrastructure,

technology, information, and telecommunications facilities and

functions as may be requested by such qualifying carrier for the

purpose of enabling such qualifying carrier to provide

telecommunications services, or to provide access to information

services, in the service area in which such qualifying carrier has

requested and obtained designation as an eligible

telecommunications carrier under section 214(e) of this title.

(b) Terms and conditions of regulations

The regulations prescribed by the Commission pursuant to this

section shall -

(1) not require a local exchange carrier to which this section

applies to take any action that is economically unreasonable or

that is contrary to the public interest;

(2) permit, but shall not require, the joint ownership or

operation of public switched network infrastructure and services

by or among such local exchange carrier and a qualifying carrier;

(3) ensure that such local exchange carrier will not be treated

by the Commission or any State as a common carrier for hire or as

offering common carrier services with respect to any

infrastructure, technology, information, facilities, or functions

made available to a qualifying carrier in accordance with

regulations issued pursuant to this section;

(4) ensure that such local exchange carrier makes such

infrastructure, technology, information, facilities, or functions

available to a qualifying carrier on just and reasonable terms

and conditions that permit such qualifying carrier to fully

benefit from the economies of scale and scope of such local

exchange carrier, as determined in accordance with guidelines

prescribed by the Commission in regulations issued pursuant to

this section;

(5) establish conditions that promote cooperation between local

exchange carriers to which this section applies and qualifying

carriers;

(6) not require a local exchange carrier to which this section

applies to engage in any infrastructure sharing agreement for any

services or access which are to be provided or offered to

consumers by the qualifying carrier in such local exchange

carrier's telephone exchange area; and

(7) require that such local exchange carrier file with the

Commission or State for public inspection, any tariffs,

contracts, or other arrangements showing the rates, terms, and

conditions under which such carrier is making available public

switched network infrastructure and functions under this section.

A local exchange carrier to which this section applies that has

entered into an infrastructure sharing agreement under this section

shall provide to each party to such agreement timely information on

the planned deployment of telecommunications services and

equipment, including any software or upgrades of software integral

to the use or operation of such telecommunications equipment.

(d) "Qualifying carrier" defined

For purposes of this section, the term "qualifying carrier" means

a telecommunications carrier that -

(1) lacks economies of scale or scope, as determined in

accordance with regulations prescribed by the Commission pursuant

to this section; and

(2) offers telephone exchange service, exchange access, and any

other service that is included in universal service, to all

consumers without preference throughout the service area for

which such carrier has been designated as an eligible

telecommunications carrier under section 214(e) of this title.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 259, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 77.)

-End-

-CITE-

47 USC Sec. 260 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 260. Provision of telemessaging service

-STATUTE-

(a) Nondiscrimination safeguards

Any local exchange carrier subject to the requirements of section

251(c) of this title that provides telemessaging service -

(1) shall not subsidize its telemessaging service directly or

indirectly from its telephone exchange service or its exchange

access; and

(2) shall not prefer or discriminate in favor of its

telemessaging service operations in its provision of

telecommunications services.

(b) Expedited consideration of complaints

The Commission shall establish procedures for the receipt and

review of complaints concerning violations of subsection (a) of

this section or the regulations thereunder that result in material

financial harm to a provider of telemessaging service. Such

procedures shall ensure that the Commission will make a final

determination with respect to any such complaint within 120 days

after receipt of the complaint. If the complaint contains an

appropriate showing that the alleged violation occurred, the

Commission shall, within 60 days after receipt of the complaint,

order the local exchange carrier and any affiliates to cease

engaging in such violation pending such final determination.

As used in this section, the term "telemessaging service" means

voice mail and voice storage and retrieval services, any live

operator services used to record, transcribe, or relay messages

(other than telecommunications relay services), and any ancillary

services offered in combination with these services.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 260, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 79.)

-End-

-CITE-

47 USC Sec. 261 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part II - Development of Competitive Markets

-HEAD-

Sec. 261. Effect on other requirements

-STATUTE-

(a) Commission regulations

Nothing in this part shall be construed to prohibit the

Commission from enforcing regulations prescribed prior to February

8, 1996, in fulfilling the requirements of this part, to the extent

that such regulations are not inconsistent with the provisions of

this part.

(b) Existing State regulations

Nothing in this part shall be construed to prohibit any State

commission from enforcing regulations prescribed prior to February

8, 1996, or from prescribing regulations after February 8, 1996, in

fulfilling the requirements of this part, if such regulations are

not inconsistent with the provisions of this part.

Nothing in this part precludes a State from imposing requirements

on a telecommunications carrier for intrastate services that are

necessary to further competition in the provision of telephone

exchange service or exchange access, as long as the State's

requirements are not inconsistent with this part or the

Commission's regulations to implement this part.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 261, as added Pub. L.

104-104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 79.)

-End-

-CITE-

47 USC Part III - Special Provisions Concerning Bell

Operating Companies 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-

PART III - SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES

-End-

-CITE-

47 USC Sec. 271 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-

Sec. 271. Bell operating company entry into interLATA services

-STATUTE-

(a) General limitation

Neither a Bell operating company, nor any affiliate of a Bell

operating company, may provide interLATA services except as

provided in this section.

(b) InterLATA services to which this section applies

(1) In-region services

A Bell operating company, or any affiliate of that Bell

operating company, may provide interLATA services originating in

any of its in-region States (as defined in subsection (i) of this

section) if the Commission approves the application of such

company for such State under subsection (d)(3) of this section.

(2) Out-of-region services

A Bell operating company, or any affiliate of that Bell

operating company, may provide interLATA services originating

outside its in-region States after February 8, 1996, subject to

subsection (j) of this section.

(3) Incidental interLATA services

A Bell operating company, or any affiliate of a Bell operating

company, may provide incidental interLATA services (as defined in

subsection (g) of this section) originating in any State after

February 8, 1996.

(4) Termination

Nothing in this section prohibits a Bell operating company or

any of its affiliates from providing termination for interLATA

services, subject to subsection (j) of this section.

(1) Agreement or statement

A Bell operating company meets the requirements of this

paragraph if it meets the requirements of subparagraph (A) or

subparagraph (B) of this paragraph for each State for which the

authorization is sought.

(A) Presence of a facilities-based competitor

A Bell operating company meets the requirements of this

subparagraph if it has entered into one or more binding

agreements that have been approved under section 252 of this

title specifying the terms and conditions under which the Bell

operating company is providing access and interconnection to

its network facilities for the network facilities of one or

more unaffiliated competing providers of telephone exchange

service (as defined in section 153(47)(A) of this title, but

excluding exchange access) to residential and business

subscribers. For the purpose of this subparagraph, such

telephone exchange service may be offered by such competing

providers either exclusively over their own telephone exchange

service facilities or predominantly over their own telephone

exchange service facilities in combination with the resale of

the telecommunications services of another carrier. For the

purpose of this subparagraph, services provided pursuant to

subpart K of part 22 of the Commission's regulations (47 C.F.R.

22.901 et seq.) shall not be considered to be telephone

exchange services.

(B) Failure to request access

A Bell operating company meets the requirements of this

subparagraph if, after 10 months after February 8, 1996, no

such provider has requested the access and interconnection

described in subparagraph (A) before the date which is 3 months

before the date the company makes its application under

subsection (d)(1) of this section, and a statement of the terms

and conditions that the company generally offers to provide

such access and interconnection has been approved or permitted

to take effect by the State commission under section 252(f) of

this title. For purposes of this subparagraph, a Bell operating

company shall be considered not to have received any request

for access and interconnection if the State commission of such

State certifies that the only provider or providers making such

a request have (i) failed to negotiate in good faith as

required by section 252 of this title, or (ii) violated the

terms of an agreement approved under section 252 of this title

by the provider's failure to comply, within a reasonable period

of time, with the implementation schedule contained in such

agreement.

(2) Specific interconnection requirements

(A) Agreement required

A Bell operating company meets the requirements of this

paragraph if, within the State for which the authorization is

sought -

(i)(I) such company is providing access and interconnection

pursuant to one or more agreements described in paragraph

(1)(A), or

(II) such company is generally offering access and

interconnection pursuant to a statement described in

paragraph (1)(B), and

(ii) such access and interconnection meets the requirements

of subparagraph (B) of this paragraph.

(B) Competitive checklist

Access or interconnection provided or generally offered by a

Bell operating company to other telecommunications carriers

meets the requirements of this subparagraph if such access and

interconnection includes each of the following:

(i) Interconnection in accordance with the requirements of

sections 251(c)(2) and 252(d)(1) of this title.

(ii) Nondiscriminatory access to network elements in

accordance with the requirements of sections 251(c)(3) and

252(d)(1) of this title.

(iii) Nondiscriminatory access to the poles, ducts,

conduits, and rights-of-way owned or controlled by the Bell

operating company at just and reasonable rates in accordance

with the requirements of section 224 of this title.

(iv) Local loop transmission from the central office to the

customer's premises, unbundled from local switching or other

services.

(v) Local transport from the trunk side of a wireline local

exchange carrier switch unbundled from switching or other

services.

(vi) Local switching unbundled from transport, local loop

transmission, or other services.

(vii) Nondiscriminatory access to -

(I) 911 and E911 services;

(II) directory assistance services to allow the other

carrier's customers to obtain telephone numbers; and

(III) operator call completion services.

(viii) White pages directory listings for customers of the

other carrier's telephone exchange service.

(ix) Until the date by which telecommunications numbering

administration guidelines, plan, or rules are established,

nondiscriminatory access to telephone numbers for assignment

to the other carrier's telephone exchange service customers.

After that date, compliance with such guidelines, plan, or

rules.

(x) Nondiscriminatory access to databases and associated

signaling necessary for call routing and completion.

(xi) Until the date by which the Commission issues

regulations pursuant to section 251 of this title to require

number portability, interim telecommunications number

portability through remote call forwarding, direct inward

dialing trunks, or other comparable arrangements, with as

little impairment of functioning, quality, reliability, and

convenience as possible. After that date, full compliance

with such regulations.

(xii) Nondiscriminatory access to such services or

information as are necessary to allow the requesting carrier

to implement local dialing parity in accordance with the

requirements of section 251(b)(3) of this title.

(xiii) Reciprocal compensation arrangements in accordance

with the requirements of section 252(d)(2) of this title.

(xiv) Telecommunications services are available for resale

in accordance with the requirements of sections 251(c)(4) and

252(d)(3) of this title.

(d) Administrative provisions

(1) Application to Commission

On and after February 8, 1996, a Bell operating company or its

affiliate may apply to the Commission for authorization to

provide interLATA services originating in any in-region State.

The application shall identify each State for which the

authorization is sought.

(2) Consultation

(A) Consultation with the Attorney General

The Commission shall notify the Attorney General promptly of

any application under paragraph (1). Before making any

determination under this subsection, the Commission shall

consult with the Attorney General, and if the Attorney General

submits any comments in writing, such comments shall be

included in the record of the Commission's decision. In

consulting with and submitting comments to the Commission under

this paragraph, the Attorney General shall provide to the

Commission an evaluation of the application using any standard

the Attorney General considers appropriate. The Commission

shall give substantial weight to the Attorney General's

evaluation, but such evaluation shall not have any preclusive

effect on any Commission decision under paragraph (3).

(B) Consultation with State commissions

Before making any determination under this subsection, the

Commission shall consult with the State commission of any State

that is the subject of the application in order to verify the

compliance of the Bell operating company with the requirements

of subsection (c) of this section.

(3) Determination

Not later than 90 days after receiving an application under

paragraph (1), the Commission shall issue a written determination

approving or denying the authorization requested in the

application for each State. The Commission shall not approve the

authorization requested in an application submitted under

paragraph (1) unless it finds that -

(A) the petitioning Bell operating company has met the

requirements of subsection (c)(1) of this section and -

(i) with respect to access and interconnection provided

pursuant to subsection (c)(1)(A) of this section, has fully

implemented the competitive checklist in subsection (c)(2)(B)

of this section; or

(ii) with respect to access and interconnection generally

offered pursuant to a statement under subsection (c)(1)(B) of

this section, such statement offers all of the items included

in the competitive checklist in subsection (c)(2)(B) of this

section;

(B) the requested authorization will be carried out in

accordance with the requirements of section 272 of this title;

and

interest, convenience, and necessity.

The Commission shall state the basis for its approval or denial

of the application.

(4) Limitation on Commission

The Commission may not, by rule or otherwise, limit or extend

the terms used in the competitive checklist set forth in

subsection (c)(2)(B) of this section.

(5) Publication

Not later than 10 days after issuing a determination under

paragraph (3), the Commission shall publish in the Federal

(6) Enforcement of conditions

(A) Commission authority

If at any time after the approval of an application under

paragraph (3), the Commission determines that a Bell operating

company has ceased to meet any of the conditions required for

such approval, the Commission may, after notice and opportunity

for a hearing -

(i) issue an order to such company to correct the

deficiency;

(ii) impose a penalty on such company pursuant to

subchapter V of this chapter; or

(iii) suspend or revoke such approval.

(B) Receipt and review of complaints

The Commission shall establish procedures for the review of

complaints concerning failures by Bell operating companies to

meet conditions required for approval under paragraph (3).

Unless the parties otherwise agree, the Commission shall act on

such complaint within 90 days.

(e) Limitations

(1) Joint marketing of local and long distance services

Until a Bell operating company is authorized pursuant to

subsection (d) of this section to provide interLATA services in

an in-region State, or until 36 months have passed since February

8, 1996, whichever is earlier, a telecommunications carrier that

serves greater than 5 percent of the Nation's presubscribed

access lines may not jointly market in such State telephone

exchange service obtained from such company pursuant to section

251(c)(4) of this title with interLATA services offered by that

telecommunications carrier.

(2) IntraLATA toll dialing parity

(A) Provision required

A Bell operating company granted authority to provide

interLATA services under subsection (d) of this section shall

provide intraLATA toll dialing parity throughout that State

coincident with its exercise of that authority.

(B) Limitation

Except for single-LATA States and States that have issued an

order by December 19, 1995, requiring a Bell operating company

to implement intraLATA toll dialing parity, a State may not

require a Bell operating company to implement intraLATA toll

dialing parity in that State before a Bell operating company

has been granted authority under this section to provide

interLATA services originating in that State or before 3 years

after February 8, 1996, whichever is earlier. Nothing in this

subparagraph precludes a State from issuing an order requiring

intraLATA toll dialing parity in that State prior to either

such date so long as such order does not take effect until

after the earlier of either such dates.

(f) Exception for previously authorized activities

Neither subsection (a) of this section nor section 273 of this

title shall prohibit a Bell operating company or affiliate from

engaging, at any time after February 8, 1996, in any activity to

the extent authorized by, and subject to the terms and conditions

contained in, an order entered by the United States District Court

for the District of Columbia pursuant to section VII or VIII(C) of

the AT&T Consent Decree if such order was entered on or before

February 8, 1996, to the extent such order is not reversed or

vacated on appeal. Nothing in this subsection shall be construed to

limit, or to impose terms or conditions on, an activity in which a

Bell operating company is otherwise authorized to engage under any

other provision of this section.

(g) "Incidental interLATA services" defined

For purposes of this section, the term "incidental interLATA

services" means the interLATA provision by a Bell operating company

or its affiliate -

(1)(A) of audio programming, video programming, or other

programming services to subscribers to such services of such

company or affiliate;

(B) of the capability for interaction by such subscribers to

select or respond to such audio programming, video programming,

or other programming services;

that such company or affiliate owns or controls, or is licensed

by the copyright owner of such programming (or by an assignee of

such owner) to distribute; or

(D) of alarm monitoring services;

(2) of two-way interactive video services or Internet services

over dedicated facilities to or for elementary and secondary

schools as defined in section 254(h)(5) (!1) of this title;

(3) of commercial mobile services in accordance with section

332(c) of this title and with the regulations prescribed by the

Commission pursuant to paragraph (8) of such section;

(4) of a service that permits a customer that is located in one

LATA to retrieve stored information from, or file information for

storage in, information storage facilities of such company that

are located in another LATA;

(5) of signaling information used in connection with the

provision of telephone exchange services or exchange access by a

local exchange carrier; or

(6) of network control signaling information to, and receipt of

such signaling information from, common carriers offering

interLATA services at any location within the area in which such

Bell operating company provides telephone exchange services or

exchange access.

(h) Limitations

The provisions of subsection (g) of this section are intended to

be narrowly construed. The interLATA services provided under

subparagraph (A), (B), or (C) of subsection (g)(1) of this section

are limited to those interLATA transmissions incidental to the

provision by a Bell operating company or its affiliate of video,

audio, and other programming services that the company or its

affiliate is engaged in providing to the public. The Commission

shall ensure that the provision of services authorized under

subsection (g) of this section by a Bell operating company or its

affiliate will not adversely affect telephone exchange service

ratepayers or competition in any telecommunications market.

(i) Additional definitions

As used in this section -

(1) In-region State

The term "in-region State" means a State in which a Bell

operating company or any of its affiliates was authorized to

provide wireline telephone exchange service pursuant to the

reorganization plan approved under the AT&T Consent Decree, as in

effect on the day before February 8, 1996.

(2) Audio programming services

The term "audio programming services" means programming

provided by, or generally considered to be comparable to

programming provided by, a radio broadcast station.

(3) Video programming services; other programming services

The terms "video programming service" and "other programming

services" have the same meanings as such terms have under section

522 of this title.

(j) Certain service applications treated as in-region service

applications

For purposes of this section, a Bell operating company

application to provide 800 service, private line service, or their

equivalents that -

(1) terminate in an in-region State of that Bell operating

company, and

(2) allow the called party to determine the interLATA carrier,

shall be considered an in-region service subject to the

requirements of subsection (b)(1) of this section.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 271, as added Pub. L.

104-104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 86.)

-REFTEXT-

REFERENCES IN TEXT

Section 254(h)(5) of this title, referred to in subsec. (g)(2),

was redesignated section 254(h)(7) of this title by Pub. L.

106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(a)(1)], Dec.

21, 2000, 114 Stat. 2763, 2763A-343.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160, 272, 273, 402 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

47 USC Sec. 272 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-

Sec. 272. Separate affiliate; safeguards

-STATUTE-

(a) Separate affiliate required for competitive activities

(1) In general

A Bell operating company (including any affiliate) which is a

local exchange carrier that is subject to the requirements of

section 251(c) of this title may not provide any service

described in paragraph (2) unless it provides that service

through one or more affiliates that -

(A) are separate from any operating company entity that is

subject to the requirements of section 251(c) of this title;

and

(B) meet the requirements of subsection (b) of this section.

(2) Services for which a separate affiliate is required

The services for which a separate affiliate is required by

paragraph (1) are:

(A) Manufacturing activities (as defined in section 273(h) of

this title).

(B) Origination of interLATA telecommunications services,

other than -

(i) incidental interLATA services described in paragraphs

(1), (2), (3), (5), and (6) of section 271(g) of this title;

(ii) out-of-region services described in section 271(b)(2)

of this title; or

(iii) previously authorized activities described in section

271(f) of this title.

publishing (as defined in section 274(h) of this title) and

alarm monitoring services (as defined in section 275(e) of this

title).

(b) Structural and transactional requirements

The separate affiliate required by this section -

(1) shall operate independently from the Bell operating

company;

(2) shall maintain books, records, and accounts in the manner

prescribed by the Commission which shall be separate from the

books, records, and accounts maintained by the Bell operating

company of which it is an affiliate;

(3) shall have separate officers, directors, and employees from

the Bell operating company of which it is an affiliate;

(4) may not obtain credit under any arrangement that would

permit a creditor, upon default, to have recourse to the assets

of the Bell operating company; and

(5) shall conduct all transactions with the Bell operating

company of which it is an affiliate on an arm's length basis with

any such transactions reduced to writing and available for public

inspection.

In its dealings with its affiliate described in subsection (a) of

this section, a Bell operating company -

(1) may not discriminate between that company or affiliate and

any other entity in the provision or procurement of goods,

services, facilities, and information, or in the establishment of

standards; and

(2) shall account for all transactions with an affiliate

described in subsection (a) of this section in accordance with

accounting principles designated or approved by the Commission.

(d) Biennial audit

(1) General requirement

A company required to operate a separate affiliate under this

section shall obtain and pay for a joint Federal/State audit

every 2 years conducted by an independent auditor to determine

whether such company has complied with this section and the

regulations promulgated under this section, and particularly

whether such company has complied with the separate accounting

requirements under subsection (b) of this section.

(2) Results submitted to Commission; State commissions

The auditor described in paragraph (1) shall submit the results

of the audit to the Commission and to the State commission of

each State in which the company audited provides service, which

shall make such results available for public inspection. Any

party may submit comments on the final audit report.

(3) Access to documents

For purposes of conducting audits and reviews under this

subsection -

(A) the independent auditor, the Commission, and the State

commission shall have access to the financial accounts and

records of each company and of its affiliates necessary to

verify transactions conducted with that company that are

relevant to the specific activities permitted under this

section and that are necessary for the regulation of rates;

(B) the Commission and the State commission shall have access

to the working papers and supporting materials of any auditor

who performs an audit under this section; and

procedures to ensure the protection of any proprietary

information submitted to it under this section.

(e) Fulfillment of certain requests

A Bell operating company and an affiliate that is subject to the

requirements of section 251(c) of this title -

(1) shall fulfill any requests from an unaffiliated entity for

telephone exchange service and exchange access within a period no

longer than the period in which it provides such telephone

exchange service and exchange access to itself or to its

affiliates;

(2) shall not provide any facilities, services, or information

concerning its provision of exchange access to the affiliate

described in subsection (a) of this section unless such

facilities, services, or information are made available to other

providers of interLATA services in that market on the same terms

and conditions;

(3) shall charge the affiliate described in subsection (a) of

this section, or impute to itself (if using the access for its

provision of its own services), an amount for access to its

telephone exchange service and exchange access that is no less

than the amount charged to any unaffiliated interexchange

carriers for such service; and

(4) may provide any interLATA or intraLATA facilities or

services to its interLATA affiliate if such services or

facilities are made available to all carriers at the same rates

and on the same terms and conditions, and so long as the costs

are appropriately allocated.

(f) Sunset

(1) Manufacturing and long distance

The provisions of this section (other than subsection (e) of

this section) shall cease to apply with respect to the

manufacturing activities or the interLATA telecommunications

services of a Bell operating company 3 years after the date such

Bell operating company or any Bell operating company affiliate is

authorized to provide interLATA telecommunications services under

section 271(d) of this title, unless the Commission extends such

3-year period by rule or order.

(2) InterLATA information services

The provisions of this section (other than subsection (e) of

this section) shall cease to apply with respect to the interLATA

information services of a Bell operating company 4 years after

February 8, 1996, unless the Commission extends such 4-year

period by rule or order.

(3) Preservation of existing authority

Nothing in this subsection shall be construed to limit the

authority of the Commission under any other section of this

chapter to prescribe safeguards consistent with the public

interest, convenience, and necessity.

(g) Joint marketing

(1) Affiliate sales of telephone exchange services

A Bell operating company affiliate required by this section may

not market or sell telephone exchange services provided by the

Bell operating company unless that company permits other entities

offering the same or similar service to market and sell its

telephone exchange services.

(2) Bell operating company sales of affiliate services

A Bell operating company may not market or sell interLATA

service provided by an affiliate required by this section within

any of its in-region States until such company is authorized to

provide interLATA services in such State under section 271(d) of

this title.

(3) Rule of construction

The joint marketing and sale of services permitted under this

subsection shall not be considered to violate the

nondiscrimination provisions of subsection (c) of this section.

(h) Transition

With respect to any activity in which a Bell operating company is

engaged on February 8, 1996, such company shall have one year from

February 8, 1996, to comply with the requirements of this section.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 272, as added Pub. L.

104-104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 92.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 271 of this title.

-End-

-CITE-

47 USC Sec. 273 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-

Sec. 273. Manufacturing by Bell operating companies

-STATUTE-

(a) Authorization

A Bell operating company may manufacture and provide

telecommunications equipment, and manufacture customer premises

equipment, if the Commission authorizes that Bell operating company

or any Bell operating company affiliate to provide interLATA

services under section 271(d) of this title, subject to the

requirements of this section and the regulations prescribed

thereunder, except that neither a Bell operating company nor any of

its affiliates may engage in such manufacturing in conjunction with

a Bell operating company not so affiliated or any of its

affiliates.

(b) Collaboration; research and royalty agreements

(1) Collaboration

Subsection (a) of this section shall not prohibit a Bell

operating company from engaging in close collaboration with any

manufacturer of customer premises equipment or telecommunications

equipment during the design and development of hardware,

software, or combinations thereof related to such equipment.

(2) Certain research arrangements; royalty agreements

Subsection (a) of this section shall not prohibit a Bell

operating company from -

(A) engaging in research activities related to manufacturing,

and

(B) entering into royalty agreements with manufacturers of

telecommunications equipment.

(1) Information on protocols and technical requirements

Each Bell operating company shall, in accordance with

regulations prescribed by the Commission, maintain and file with

the Commission full and complete information with respect to the

protocols and technical requirements for connection with and use

of its telephone exchange service facilities. Each such company

shall report promptly to the Commission any material changes or

planned changes to such protocols and requirements, and the

schedule for implementation of such changes or planned changes.

(2) Disclosure of information

A Bell operating company shall not disclose any information

required to be filed under paragraph (1) unless that information

has been filed promptly, as required by regulation by the

Commission.

(3) Access by competitors to information

The Commission may prescribe such additional regulations under

this subsection as may be necessary to ensure that manufacturers

have access to the information with respect to the protocols and

technical requirements for connection with and use of telephone

exchange service facilities that a Bell operating company makes

available to any manufacturing affiliate or any unaffiliated

manufacturer.

(4) Planning information

Each Bell operating company shall provide, to interconnecting

carriers providing telephone exchange service, timely information

on the planned deployment of telecommunications equipment.

(d) Manufacturing limitations for standard-setting organizations

(1) Application to Bell Communications Research or manufacturers

Bell Communications Research, Inc., or any successor entity or

affiliate -

(A) shall not be considered a Bell operating company or a

successor or assign of a Bell operating company at such time as

it is no longer an affiliate of any Bell operating company; and

(B) notwithstanding paragraph (3), shall not engage in

manufacturing telecommunications equipment or customer premises

equipment as long as it is an affiliate of more than 1

otherwise unaffiliated Bell operating company or successor or

assign of any such company.

Nothing in this subsection prohibits Bell Communications

Research, Inc., or any successor entity, from engaging in any

activity in which it is lawfully engaged on February 8, 1996.

Nothing provided in this subsection shall render Bell

Communications Research, Inc., or any successor entity, a common

carrier under this subchapter. Nothing in this subsection

restricts any manufacturer from engaging in any activity in which

it is lawfully engaged on February 8, 1996.

(2) Proprietary information

Any entity which establishes standards for telecommunications

equipment or customer premises equipment, or generic network

requirements for such equipment, or certifies telecommunications

equipment or customer premises equipment, shall be prohibited

from releasing or otherwise using any proprietary information,

designated as such by its owner, in its possession as a result of

such activity, for any purpose other than purposes authorized in

writing by the owner of such information, even after such entity

ceases to be so engaged.

(3) Manufacturing safeguards

(A) Except as prohibited in paragraph (1), and subject to

paragraph (6), any entity which certifies telecommunications

equipment or customer premises equipment manufactured by an

unaffiliated entity shall only manufacture a particular class of

telecommunications equipment or customer premises equipment for

which it is undertaking or has undertaken, during the previous 18

months, certification activity for such class of equipment

through a separate affiliate.

(B) Such separate affiliate shall -

(i) maintain books, records, and accounts separate from those

of the entity that certifies such equipment, consistent with

generally acceptable accounting principles;

(ii) not engage in any joint manufacturing activities with

such entity; and

(iii) have segregated facilities and separate employees with

such entity.

(i) not discriminate in favor of its manufacturing affiliate

in the establishment of standards, generic requirements, or

product certification;

(ii) not disclose to the manufacturing affiliate any

proprietary information that has been received at any time from

an unaffiliated manufacturer, unless authorized in writing by

the owner of the information; and

(iii) not permit any employee engaged in product

certification for telecommunications equipment or customer

premises equipment to engage jointly in sales or marketing of

any such equipment with the affiliated manufacturer.

(4) Standard-setting entities

Any entity that is not an accredited standards development

organization and that establishes industry-wide standards for

telecommunications equipment or customer premises equipment, or

industry-wide generic network requirements for such equipment, or

that certifies telecommunications equipment or customer premises

equipment manufactured by an unaffiliated entity, shall -

(A) establish and publish any industry-wide standard for,

industry-wide generic requirement for, or any substantial

modification of an existing industry-wide standard or

industry-wide generic requirement for, telecommunications

equipment or customer premises equipment only in compliance

with the following procedure -

(i) such entity shall issue a public notice of its

consideration of a proposed industry-wide standard or

industry-wide generic requirement;

(ii) such entity shall issue a public invitation to

interested industry parties to fund and participate in such

efforts on a reasonable and nondiscriminatory basis,

administered in such a manner as not to unreasonably exclude

any interested industry party;

(iii) such entity shall publish a text for comment by such

parties as have agreed to participate in the process pursuant

to clause (ii), provide such parties a full opportunity to

submit comments, and respond to comments from such parties;

(iv) such entity shall publish a final text of the

industry-wide standard or industry-wide generic requirement,

including the comments in their entirety, of any funding

party which requests to have its comments so published; and

(v) such entity shall attempt, prior to publishing a text

for comment, to agree with the funding parties as a group on

a mutually satisfactory dispute resolution process which such

parties shall utilize as their sole recourse in the event of

a dispute on technical issues as to which there is

disagreement between any funding party and the entity

conducting such activities, except that if no dispute

resolution process is agreed to by all the parties, a funding

party may utilize the dispute resolution procedures

established pursuant to paragraph (5) of this subsection;

(B) engage in product certification for telecommunications

equipment or customer premises equipment manufactured by

unaffiliated entities only if -

(i) such activity is performed pursuant to published

criteria;

(ii) such activity is performed pursuant to auditable

criteria; and

(iii) such activity is performed pursuant to available

industry-accepted testing methods and standards, where

applicable, unless otherwise agreed upon by the parties

funding and performing such activity;

monopolize the market for such services; and

(D) not preferentially treat its own telecommunications

equipment or customer premises equipment, or that of its

affiliate, over that of any other entity in establishing and

publishing industry-wide standards or industry-wide generic

requirements for, and in certification of, telecommunications

equipment and customer premises equipment.

(5) Alternate dispute resolution

Within 90 days after February 8, 1996, the Commission shall

prescribe a dispute resolution process to be utilized in the

event that a dispute resolution process is not agreed upon by all

the parties when establishing and publishing any industry-wide

standard or industry-wide generic requirement for

telecommunications equipment or customer premises equipment,

pursuant to paragraph (4)(A)(v). The Commission shall not

establish itself as a party to the dispute resolution process.

Such dispute resolution process shall permit any funding party to

resolve a dispute with the entity conducting the activity that

significantly affects such funding party's interests, in an open,

nondiscriminatory, and unbiased fashion, within 30 days after the

filing of such dispute. Such disputes may be filed within 15 days

after the date the funding party receives a response to its

comments from the entity conducting the activity. The Commission

shall establish penalties to be assessed for delays caused by

referral of frivolous disputes to the dispute resolution process.

(6) Sunset

The requirements of paragraphs (3) and (4) shall terminate for

the particular relevant activity when the Commission determines

that there are alternative sources of industry-wide standards,

industry-wide generic requirements, or product certification for

a particular class of telecommunications equipment or customer

premises equipment available in the United States. Alternative

sources shall be deemed to exist when such sources provide

commercially viable alternatives that are providing such services

to customers. The Commission shall act on any application for

such a determination within 90 days after receipt of such

application, and shall receive public comment on such

application.

(7) Administration and enforcement authority

For the purposes of administering this subsection and the

regulations prescribed thereunder, the Commission shall have the

same remedial authority as the Commission has in administering

and enforcing the provisions of this subchapter with respect to

any common carrier subject to this chapter.

(8) Definitions

For purposes of this subsection:

(A) The term "affiliate" shall have the same meaning as in

section 153 of this title, except that, for purposes of

paragraph (1)(B) -

(i) an aggregate voting equity interest in Bell

Communications Research, Inc., of at least 5 percent of its

total voting equity, owned directly or indirectly by more

than 1 otherwise unaffiliated Bell operating company, shall

constitute an affiliate relationship; and

(ii) a voting equity interest in Bell Communications

Research, Inc., by any otherwise unaffiliated Bell operating

company of less than 1 percent of Bell Communications

Research's total voting equity shall not be considered to be

an equity interest under this paragraph.

(B) The term "generic requirement" means a description of

acceptable product attributes for use by local exchange

carriers in establishing product specifications for the

purchase of telecommunications equipment, customer premises

equipment, and software integral thereto.

performed on behalf of local exchange carriers for use in

providing wireline telephone exchange service whose combined

total of deployed access lines in the United States constitutes

at least 30 percent of all access lines deployed by

telecommunications carriers in the United States as of February

8, 1996.

(D) The term "certification" means any technical process

whereby a party determines whether a product, for use by more

than one local exchange carrier, conforms with the specified

requirements pertaining to such product.

(E) The term "accredited standards development organization"

means an entity composed of industry members which has been

accredited by an institution vested with the responsibility for

standards accreditation by the industry.

(e) Bell operating company equipment procurement and sales

(1) Nondiscrimination standards for manufacturing

In the procurement or awarding of supply contracts for

telecommunications equipment, a Bell operating company, or any

entity acting on its behalf, for the duration of the requirement

for a separate subsidiary including manufacturing under this

chapter -

(A) shall consider such equipment, produced or supplied by

unrelated persons; and

(B) may not discriminate in favor of equipment produced or

supplied by an affiliate or related person.

(2) Procurement standards

Each Bell operating company or any entity acting on its behalf

shall make procurement decisions and award all supply contracts

for equipment, services, and software on the basis of an

objective assessment of price, quality, delivery, and other

commercial factors.

(3) Network planning and design

A Bell operating company shall, to the extent consistent with

the antitrust laws, engage in joint network planning and design

with local exchange carriers operating in the same area of

interest. No participant in such planning shall be allowed to

delay the introduction of new technology or the deployment of

facilities to provide telecommunications services, and agreement

with such other carriers shall not be required as a prerequisite

for such introduction or deployment.

(4) Sales restrictions

Neither a Bell operating company engaged in manufacturing nor a

manufacturing affiliate of such a company shall restrict sales to

any local exchange carrier of telecommunications equipment,

including software integral to the operation of such equipment

and related upgrades.

(5) Protection of proprietary information

A Bell operating company and any entity it owns or otherwise

controls shall protect the proprietary information submitted for

procurement decisions from release not specifically authorized by

the owner of such information.

(f) Administration and enforcement authority

For the purposes of administering and enforcing the provisions of

this section and the regulations prescribed thereunder, the

Commission shall have the same authority, power, and functions with

respect to any Bell operating company or any affiliate thereof as

the Commission has in administering and enforcing the provisions of

this subchapter with respect to any common carrier subject to this

chapter.

(g) Additional rules and regulations

The Commission may prescribe such additional rules and

regulations as the Commission determines are necessary to carry out

the provisions of this section, and otherwise to prevent

discrimination and cross-subsidization in a Bell operating

company's dealings with its affiliate and with third parties.

(h) "Manufacturing" defined

As used in this section, the term "manufacturing" has the same

meaning as such term has under the AT&T Consent Decree.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 273, as added Pub. L.

104-104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 95.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (e)(3), are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 271, 272 of this title.

-End-

-CITE-

47 USC Sec. 274 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-

Sec. 274. Electronic publishing by Bell operating companies

-STATUTE-

(a) Limitations

No Bell operating company or any affiliate may engage in the

provision of electronic publishing that is disseminated by means of

such Bell operating company's or any of its affiliates' basic

telephone service, except that nothing in this section shall

prohibit a separated affiliate or electronic publishing joint

venture operated in accordance with this section from engaging in

the provision of electronic publishing.

(b) Separated affiliate or electronic publishing joint venture

requirements

A separated affiliate or electronic publishing joint venture

shall be operated independently from the Bell operating company.

Such separated affiliate or joint venture and the Bell operating

company with which it is affiliated shall -

(1) maintain separate books, records, and accounts and prepare

separate financial statements;

(2) not incur debt in a manner that would permit a creditor of

the separated affiliate or joint venture upon default to have

recourse to the assets of the Bell operating company;

(3) carry out transactions (A) in a manner consistent with such

independence, (B) pursuant to written contracts or tariffs that

are filed with the Commission and made publicly available, and

accepted auditing standards;

(4) value any assets that are transferred directly or

indirectly from the Bell operating company to a separated

affiliate or joint venture, and record any transactions by which

such assets are transferred, in accordance with such regulations

as may be prescribed by the Commission or a State commission to

prevent improper cross subsidies;

(5) between a separated affiliate and a Bell operating company

(A) have no officers, directors, and employees in common

after the effective date of this section; and

(B) own no property in common;

(6) not use for the marketing of any product or service of the

separated affiliate or joint venture, the name, trademarks, or

service marks of an existing Bell operating company except for

names, trademarks, or service marks that are owned by the entity

that owns or controls the Bell operating company;

(7) not permit the Bell operating company -

(A) to perform hiring or training of personnel on behalf of a

separated affiliate;

(B) to perform the purchasing, installation, or maintenance

of equipment on behalf of a separated affiliate, except for

telephone service that it provides under tariff or contract

subject to the provisions of this section; or

separated affiliate;

(8) each have performed annually a compliance review -

(A) that is conducted by an independent entity for the

purpose of determining compliance during the preceding calendar

year with any provision of this section; and

(B) the results of which are maintained by the separated

affiliate or joint venture and the Bell operating company for a

period of 5 years subject to review by any lawful authority;

and

(9) within 90 days of receiving a review described in paragraph

(8), file a report of any exceptions and corrective action with

the Commission and allow any person to inspect and copy such

report subject to reasonable safeguards to protect any

proprietary information contained in such report from being used

for purposes other than to enforce or pursue remedies under this

section.

(1) In general

Except as provided in paragraph (2) -

(A) a Bell operating company shall not carry out any

promotion, marketing, sales, or advertising for or in

conjunction with a separated affiliate; and

(B) a Bell operating company shall not carry out any

promotion, marketing, sales, or advertising for or in

conjunction with an affiliate that is related to the provision

of electronic publishing.

(2) Permissible joint activities

(A) Joint telemarketing

A Bell operating company may provide inbound telemarketing or

referral services related to the provision of electronic

publishing for a separated affiliate, electronic publishing

joint venture, affiliate, or unaffiliated electronic publisher:

Provided, That if such services are provided to a separated

affiliate, electronic publishing joint venture, or affiliate,

such services shall be made available to all electronic

publishers on request, on nondiscriminatory terms.

(B) Teaming arrangements

A Bell operating company may engage in nondiscriminatory

teaming or business arrangements to engage in electronic

publishing with any separated affiliate or with any other

electronic publisher if (i) the Bell operating company only

provides facilities, services, and basic telephone service

information as authorized by this section, and (ii) the Bell

operating company does not own such teaming or business

arrangement.

A Bell operating company or affiliate may participate on a

nonexclusive basis in electronic publishing joint ventures with

entities that are not a Bell operating company, affiliate, or

separated affiliate to provide electronic publishing services,

if the Bell operating company or affiliate has not more than a

50 percent direct or indirect equity interest (or the

equivalent thereof) or the right to more than 50 percent of the

gross revenues under a revenue sharing or royalty agreement in

any electronic publishing joint venture. Officers and employees

of a Bell operating company or affiliate participating in an

electronic publishing joint venture may not have more than 50

percent of the voting control over the electronic publishing

joint venture. In the case of joint ventures with small, local

electronic publishers, the Commission for good cause shown may

authorize the Bell operating company or affiliate to have a

larger equity interest, revenue share, or voting control but

not to exceed 80 percent. A Bell operating company

participating in an electronic publishing joint venture may

provide promotion, marketing, sales, or advertising personnel

and services to such joint venture.

(d) Bell operating company requirement

A Bell operating company under common ownership or control with a

separated affiliate or electronic publishing joint venture shall

provide network access and interconnections for basic telephone

service to electronic publishers at just and reasonable rates that

are tariffed (so long as rates for such services are subject to

regulation) and that are not higher on a per-unit basis than those

charged for such services to any other electronic publisher or any

separated affiliate engaged in electronic publishing.

(e) Private right of action

(1) Damages

Any person claiming that any act or practice of any Bell

operating company, affiliate, or separated affiliate constitutes

a violation of this section may file a complaint with the

Commission or bring suit as provided in section 207 of this

title, and such Bell operating company, affiliate, or separated

affiliate shall be liable as provided in section 206 of this

title; except that damages may not be awarded for a violation

that is discovered by a compliance review as required by

subsection (b)(7) of this section and corrected within 90 days.

(2) Cease and desist orders

In addition to the provisions of paragraph (1), any person

claiming that any act or practice of any Bell operating company,

affiliate, or separated affiliate constitutes a violation of this

section may make application to the Commission for an order to

cease and desist such violation or may make application in any

district court of the United States of competent jurisdiction for

an order enjoining such acts or practices or for an order

compelling compliance with such requirement.

(f) Separated affiliate reporting requirement

Any separated affiliate under this section shall file with the

Commission annual reports in a form substantially equivalent to the

Form 10-K required by regulations of the Securities and Exchange

Commission.

(g) Effective dates

(1) Transition

Any electronic publishing service being offered to the public

by a Bell operating company or affiliate on February 8, 1996,

shall have one year from February 8, 1996, to comply with the

requirements of this section.

(2) Sunset

The provisions of this section shall not apply to conduct

occurring after 4 years after February 8, 1996.

(h) "Electronic publishing" defined

(1) In general

The term "electronic publishing" means the dissemination,

provision, publication, or sale to an unaffiliated entity or

person, of any one or more of the following: news (including

sports); entertainment (other than interactive games); business,

financial, legal, consumer, or credit materials; editorials,

columns, or features; advertising; photos or images; archival or

research material; legal notices or public records; scientific,

educational, instructional, technical, professional, trade, or

other literary materials; or other like or similar information.

(2) Exceptions

The term "electronic publishing" shall not include the

following services:

(A) Information access, as that term is defined by the AT&T

Consent Decree.

(B) The transmission of information as a common carrier.

an information service that does not involve the generation or

alteration of the content of information, including data

transmission, address translation, protocol conversion, billing

management, introductory information content, and navigational

systems that enable users to access electronic publishing

services, which do not affect the presentation of such

electronic publishing services to users.

(D) Voice storage and retrieval services, including voice

messaging and electronic mail services.

(E) Data processing or transaction processing services that

do not involve the generation or alteration of the content of

information.

(F) Electronic billing or advertising of a Bell operating

company's regulated telecommunications services.

(G) Language translation or data format conversion.

(H) The provision of information necessary for the

management, control, or operation of a telephone company

telecommunications system.

(I) The provision of directory assistance that provides

names, addresses, and telephone numbers and does not include

advertising.

(J) Caller identification services.

(K) Repair and provisioning databases and credit card and

billing validation for telephone company operations.

(L) 911-E and other emergency assistance databases.

(M) Any other network service of a type that is like or

similar to these network services and that does not involve the

generation or alteration of the content of information.

(N) Any upgrades to these network services that do not

involve the generation or alteration of the content of

information.

(O) Video programming or full motion video entertainment on

demand.

(i) Additional definitions

As used in this section -

(1) The term "affiliate" means any entity that, directly or

indirectly, owns or controls, is owned or controlled by, or is

under common ownership or control with, a Bell operating company.

Such term shall not include a separated affiliate.

(2) The term "basic telephone service" means any wireline

telephone exchange service, or wireline telephone exchange

service facility, provided by a Bell operating company in a

telephone exchange area, except that such term does not include -

(A) a competitive wireline telephone exchange service

provided in a telephone exchange area where another entity

provides a wireline telephone exchange service that was

provided on January 1, 1984, or

(B) a commercial mobile service.

(3) The term "basic telephone service information" means

network and customer information of a Bell operating company and

other information acquired by a Bell operating company as a

result of its engaging in the provision of basic telephone

service.

(4) The term "control" has the meaning that it has in 17 C.F.R.

240.12b-2, the regulations promulgated by the Securities and

Exchange Commission pursuant to the Securities Exchange Act of

1934 (15 U.S.C. 78a et seq.) or any successor provision to such

section.

(5) The term "electronic publishing joint venture" means a

joint venture owned by a Bell operating company or affiliate that

engages in the provision of electronic publishing which is

disseminated by means of such Bell operating company's or any of

its affiliates' basic telephone service.

(6) The term "entity" means any organization, and includes

corporations, partnerships, sole proprietorships, associations,

and joint ventures.

(7) The term "inbound telemarketing" means the marketing of

property, goods, or services by telephone to a customer or

potential customer who initiated the call.

(8) The term "own" with respect to an entity means to have a

direct or indirect equity interest (or the equivalent thereof) of

more than 10 percent of an entity, or the right to more than 10

percent of the gross revenues of an entity under a revenue

sharing or royalty agreement.

(9) The term "separated affiliate" means a corporation under

common ownership or control with a Bell operating company that

does not own or control a Bell operating company and is not owned

or controlled by a Bell operating company and that engages in the

provision of electronic publishing which is disseminated by means

of such Bell operating company's or any of its affiliates' basic

telephone service.

(10) The term "Bell operating company" has the meaning provided

in section 153 of this title, except that such term includes any

entity or corporation that is owned or controlled by such a

company (as so defined) but does not include an electronic

publishing joint venture owned by such an entity or corporation.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 274, as added Pub. L.

104-104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 100.)

-REFTEXT-

REFERENCES IN TEXT

The Securities Exchange Act of 1934, referred to in subsec.

(i)(4), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,

which is classified principally to chapter 2B (Sec. 78a et seq.) of

Title 15, Commerce and Trade. For complete classification of this

Act to the Code, see section 78a of Title 15 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 272 of this title.

-End-

-CITE-

47 USC Sec. 275 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-

Sec. 275. Alarm monitoring services

-STATUTE-

(a) Delayed entry into alarm monitoring

(1) Prohibition

No Bell operating company or affiliate thereof shall engage in

the provision of alarm monitoring services before the date which

is 5 years after February 8, 1996.

(2) Existing activities

Paragraph (1) does not prohibit or limit the provision,

directly or through an affiliate, of alarm monitoring services by

a Bell operating company that was engaged in providing alarm

monitoring services as of November 30, 1995, directly or through

an affiliate. Such Bell operating company or affiliate may not

acquire any equity interest in, or obtain financial control of,

any unaffiliated alarm monitoring service entity after November

30, 1995, and until 5 years after February 8, 1996, except that

this sentence shall not prohibit an exchange of customers for the

customers of an unaffiliated alarm monitoring service entity.

(b) Nondiscrimination

An incumbent local exchange carrier (as defined in section 251(h)

of this title) engaged in the provision of alarm monitoring

services shall -

(1) provide nonaffiliated entities, upon reasonable request,

with the network services it provides to its own alarm monitoring

operations, on nondiscriminatory terms and conditions; and

(2) not subsidize its alarm monitoring services either directly

or indirectly from telephone exchange service operations.

The Commission shall establish procedures for the receipt and

review of complaints concerning violations of subsection (b) of

this section or the regulations thereunder that result in material

financial harm to a provider of alarm monitoring service. Such

procedures shall ensure that the Commission will make a final

determination with respect to any such complaint within 120 days

after receipt of the complaint. If the complaint contains an

appropriate showing that the alleged violation occurred, as

determined by the Commission in accordance with such regulations,

the Commission shall, within 60 days after receipt of the

complaint, order the incumbent local exchange carrier (as defined

in section 251(h) of this title) and its affiliates to cease

engaging in such violation pending such final determination.

(d) Use of data

A local exchange carrier may not record or use in any fashion the

occurrence or contents of calls received by providers of alarm

monitoring services for the purposes of marketing such services on

behalf of such local exchange carrier, or any other entity. Any

regulations necessary to enforce this subsection shall be issued

initially within 6 months after February 8, 1996.

(e) "Alarm monitoring service" defined

The term "alarm monitoring service" means a service that uses a

device located at a residence, place of business, or other fixed

premises -

(1) to receive signals from other devices located at or about

such premises regarding a possible threat at such premises to

life, safety, or property, from burglary, fire, vandalism, bodily

injury, or other emergency, and

(2) to transmit a signal regarding such threat by means of

transmission facilities of a local exchange carrier or one of its

affiliates to a remote monitoring center to alert a person at

such center of the need to inform the customer or another person

or police, fire, rescue, security, or public safety personnel of

such threat,

but does not include a service that uses a medical monitoring

device attached to an individual for the automatic surveillance of

an ongoing medical condition.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 275, as added Pub. L.

104-104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 105.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 272 of this title.

-End-

-CITE-

47 USC Sec. 276 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER II - COMMON CARRIERS

Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-

Sec. 276. Provision of payphone service

-STATUTE-

(a) Nondiscrimination safeguards

After the effective date of the rules prescribed pursuant to

subsection (b) of this section, any Bell operating company that

provides payphone service -

(1) shall not subsidize its payphone service directly or

indirectly from its telephone exchange service operations or its

exchange access operations; and

(2) shall not prefer or discriminate in favor of its payphone

service.

(b) Regulations

(1) Contents of regulations

In order to promote competition among payphone service

providers and promote the widespread deployment of payphone

services to the benefit of the general public, within 9 months

after February 8, 1996, the Commission shall take all actions

necessary (including any reconsideration) to prescribe

regulations that -

(A) establish a per call compensation plan to ensure that all

payphone service providers are fairly compensated for each and

every completed intrastate and interstate call using their

payphone, except that emergency calls and telecommunications

relay service calls for hearing disabled individuals shall not

be subject to such compensation;

(B) discontinue the intrastate and interstate carrier access

charge payphone service elements and payments in effect on

February 8, 1996, and all intrastate and interstate payphone

subsidies from basic exchange and exchange access revenues, in

favor of a compensation plan as specified in subparagraph (A);

operating company payphone service to implement the provisions

of paragraphs (1) and (2) of subsection (a) of this section,

which safeguards shall, at a minimum, include the nonstructural

safeguards equal to those adopted in the Computer Inquiry-III

(CC Docket No. 90-623) proceeding;

(D) provide for Bell operating company payphone service

providers to have the same right that independent payphone

providers have to negotiate with the location provider on the

location provider's selecting and contracting with, and,

subject to the terms of any agreement with the location

provider, to select and contract with, the carriers that carry

interLATA calls from their payphones, unless the Commission

determines in the rulemaking pursuant to this section that it

is not in the public interest; and

(E) provide for all payphone service providers to have the

right to negotiate with the location provider on the location

provider's selecting and contracting with, and, subject to the

terms of any agreement with the location provider, to select

and contract with, the carriers that carry intraLATA calls from

their payphones.

(2) Public interest telephones

In the rulemaking conducted pursuant to paragraph (1), the

Commission shall determine whether public interest payphones,

which are provided in the interest of public health, safety, and

welfare, in locations where there would otherwise not be a

payphone, should be maintained, and if so, ensure that such

public interest payphones are supported fairly and equitably.

(3) Existing contracts

Nothing in this section shall affect any existing contracts

between location providers and payphone service providers or

interLATA or intraLATA carriers that are in force and effect as

of February 8, 1996.

To the extent that any State requirements are inconsistent with

the Commission's regulations, the Commission's regulations on such

matters shall preempt such State requirements.

(d) "Payphone service" defined

As used in this section, the term "payphone service" means the

provision of public or semi-public pay telephones, the provision of

inmate telephone service in correctional institutions, and any

ancillary services.

-SOURCE-

(June 19, 1934, ch. 652, title II, Sec. 276, as added Pub. L.

104-104, title I, Sec. 151(a), Feb. 8, 1996, 10 Stat. 106.)

-End-

-CITE-

47 USC SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO

RADIO 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

-HEAD-

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 503, 571, 741 of this

title; title 12 section 1843; title 18 section 1029.

-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 III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

PART I - GENERAL PROVISIONS

-End-

-CITE-

47 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 301. License for radio communication or transmission of energy

-STATUTE-

It is the purpose of this chapter, among other things, to

maintain the control of the United States over all the channels of

radio transmission; and to provide for the use of such channels,

but not the ownership thereof, by persons for limited periods of

time, under licenses granted by Federal authority, and no such

license shall be construed to create any right, beyond the terms,

conditions, and periods of the license. No person shall use or

operate any apparatus for the transmission of energy or

communications or signals by radio (a) from one place in any State,

Territory, or possession of the United States or in the District of

Columbia to another place in the same State, Territory, possession,

or District; or (b) from any State, Territory, or possession of the

United States, or from the District of Columbia to any other State,

Territory, or possession of the United States; or (c) from any

place in any State, Territory, or possession of the United States,

or in the District of Columbia, to any place in any foreign country

or to any vessel; or (d) within any State when the effects of such

use extend beyond the borders of said State, or when interference

is caused by such use or operation with the transmission of such

energy, communications, or signals from within said State to any

place beyond its borders, or from any place beyond its borders to

any place within said State, or with the transmission or reception

of such energy, communications, or signals from and/or to places

beyond the borders of said State; or (e) upon any vessel or

aircraft of the United States (except as provided in section 303(t)

of this title); or (f) upon any other mobile stations within the

jurisdiction of the United States, except under and in accordance

with this chapter and with a license in that behalf granted under

the provisions of this chapter.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 301, 48 Stat. 1081; Pub.

L. 97-259, title I, Secs. 107, 111(b), Sept. 13, 1982, 96 Stat.

1091, 1093.)

-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

1982 - Pub. L. 97-259 struck out "interstate and foreign" after

"channels of" in first sentence, substituted "State, Territory,"

for "Territory" after "from one place in any" and inserted "State,"

after "to another place in the same" in cl. (a), and inserted

"(except as provided in section 303(t) of this title)" in cl. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 221, 302a, 303, 305,

306, 309, 510 of this title.

-End-

-CITE-

47 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 302. Repealed. June 5, 1936, ch. 511, Sec. 1, 49 Stat. 1475

-MISC1-

Section, act June 19, 1934, ch. 652, title III, Sec. 302, 48

Stat. 1081, divided United States into five zones for purposes of

this subchapter.

-End-

-CITE-

47 USC Sec. 302a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 302a. Devices which interfere with radio reception

-STATUTE-

(a) Regulations

The Commission may, consistent with the public interest,

convenience, and necessity, make reasonable regulations (1)

governing the interference potential of devices which in their

operation are capable of emitting radio frequency energy by

radiation, conduction, or other means in sufficient degree to cause

harmful interference to radio communications; and (2) establishing

minimum performance standards for home electronic equipment and

systems to reduce their susceptibility to interference from radio

frequency energy. Such regulations shall be applicable to the

manufacture, import, sale, offer for sale, or shipment of such

devices and home electronic equipment and systems, and to the use

of such devices.

(b) Restrictions

No person shall manufacture, import, sell, offer for sale, or

ship devices or home electronic equipment and systems, or use

devices, which fail to comply with regulations promulgated pursuant

to this section.

The provisions of this section shall not be applicable to

carriers transporting such devices or home electronic equipment and

systems without trading in them, to devices or home electronic

equipment and systems manufactured solely for export, to the

manufacture, assembly, or installation of devices or home

electronic equipment and systems for its own use by a public

utility engaged in providing electric service, or to devices or

home electronic equipment and systems for use by the Government of

the United States or any agency thereof. Devices and home

electronic equipment and systems for use by the Government of the

United States or any agency thereof shall be developed, procured,

or otherwise acquired, including offshore procurement, under United

States Government criteria, standards, or specifications designed

to achieve the objectives of reducing interference to radio

reception and to home electronic equipment and systems, taking into

account the unique needs of national defense and security.

(d) Cellular telecommunications receivers

(1) Within 180 days after October 28, 1992, the Commission shall

prescribe and make effective regulations denying equipment

authorization (under part 15 of title 47, Code of Federal

Regulations, or any other part of that title) for any scanning

receiver that is capable of -

(A) receiving transmissions in the frequencies allocated to the

domestic cellular radio telecommunications service,

(B) readily being altered by the user to receive transmissions

in such frequencies, or

transmissions to analog voice audio.

(2) Beginning 1 year after the effective date of the regulations

adopted pursuant to paragraph (1), no receiver having the

capabilities described in subparagraph (A), (B), or (C) of

paragraph (1), as such capabilities are defined in such

regulations, shall be manufactured in the United States or imported

for use in the United States.

(e) Delegation of equipment testing and certification to private

laboratories

The Commission may -

(1) authorize the use of private organizations for testing and

certifying the compliance of devices or home electronic equipment

and systems with regulations promulgated under this section;

(2) accept as prima facie evidence of such compliance the

certification by any such organization; and

(3) establish such qualifications and standards as it deems

appropriate for such private organizations, testing, and

certification.

(f) State and local enforcement of FCC regulations on use of

citizens band radio equipment

(1) Except as provided in paragraph (2), a State or local

government may enact a statute or ordinance that prohibits a

violation of the following regulations of the Commission under this

section:

(A) A regulation that prohibits a use of citizens band radio

equipment not authorized by the Commission.

(B) A regulation that prohibits the unauthorized operation of

citizens band radio equipment on a frequency between 24 MHz and

35 MHz.

(2) A station that is licensed by the Commission pursuant to

section 301 of this title in any radio service for the operation at

issue shall not be subject to action by a State or local government

under this subsection. A State or local government statute or

ordinance enacted for purposes of this subsection shall identify

the exemption available under this paragraph.

(3) The Commission shall, to the extent practicable, provide

technical guidance to State and local governments regarding the

detection and determination of violations of the regulations

specified in paragraph (1).

(4)(A) In addition to any other remedy authorized by law, a

person affected by the decision of a State or local government

agency enforcing a statute or ordinance under paragraph (1) may

submit to the Commission an appeal of the decision on the grounds

that the State or local government, as the case may be, enacted a

statute or ordinance outside the authority provided in this

subsection.

(B) A person shall submit an appeal on a decision of a State or

local government agency to the Commission under this paragraph, if

at all, not later than 30 days after the date on which the decision

by the State or local government agency becomes final, but prior to

seeking judicial review of such decision.

submitted under subparagraph (B) not later than 180 days after its

submittal.

(D) If the Commission determines under subparagraph (C) that a

State or local government agency has acted outside its authority in

enforcing a statute or ordinance, the Commission shall preempt the

decision enforcing the statute or ordinance.

(5) The enforcement of statute or ordinance that prohibits a

violation of a regulation by a State or local government under

paragraph (1) in a particular case shall not preclude the

Commission from enforcing the regulation in that case concurrently.

(6) Nothing in this subsection shall be construed to diminish or

otherwise affect the jurisdiction of the Commission under this

section over devices capable of interfering with radio

communications.

(7) The enforcement of a statute or ordinance by a State or local

government under paragraph (1) with regard to citizens band radio

equipment on board a "commercial motor vehicle", as defined in

section 31101 of title 49, shall require probable cause to find

that the commercial motor vehicle or the individual operating the

vehicle is in violation of the regulations described in paragraph

(1).

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 302, as added Pub. L.

90-379, July 5, 1968, 82 Stat. 290; amended Pub. L. 97-259, title

I, Sec. 108(a), Sept. 13, 1982, 96 Stat. 1091; Pub. L. 102-556,

title IV, Sec. 403(a), Oct. 28, 1992, 106 Stat. 4195; Pub. L.

104-104, title IV, Sec. 403(f), Feb. 8, 1996, 110 Stat. 131; Pub.

L. 106-521, Sec. 1, Nov. 22, 2000, 114 Stat. 2438.)

-MISC1-

AMENDMENTS

2000 - Subsec. (f). Pub. L. 106-521 added subsec. (f).

1996 - Subsec. (e). Pub. L. 104-104 added subsec. (e).

1992 - Subsec. (d). Pub. L. 102-556 added subsec. (d).

1982 - Subsec. (a). Pub. L. 97-259, Sec. 108(a)(1), (2), inserted

"(1)" after "regulations" and "; and (2) establishing minimum

performance standards for home electronic equipment and systems to

reduce their susceptibility to interference from radio frequency

energy" after "radio communications", and substituted "or shipment

of such devices and home electronic equipment and systems, and to

the use of such devices" for "shipment, or use of such devices".

Subsec. (b). Pub. L. 97-259, Sec. 108(a)(3), substituted "or ship

devices or home electronic equipment and systems, or use devices,"

for "ship, or use devices".

Subsec. (c). Pub. L. 97-259, Sec. 108(a)(4), inserted "or home

electronic equipment and systems" after "devices" wherever

appearing, inserted "and home electronic equipment and systems"

after "Devices", substituted "objectives" for "common objective",

and inserted "and to home electronic equipment and systems" after

"reception".

EFFECT ON OTHER LAWS

Section 403(c) of Pub. L. 102-556 provided that: "This section

[amending this section] shall not affect section 2512(2) of title

18, United States Code."

MINIMUM PERFORMANCE STANDARDS; HOME ELECTRONIC EQUIPMENT AND

SYSTEMS MANUFACTURED BEFORE SEPTEMBER 13, 1982

Section 108(b) of Pub. L. 97-259 provided that: "Any minimum

performance standard established by the Federal Communications

Commission under section 302(a)(2) of the Communications Act of

1934 [subsec. (a)(2) of this section], as added by the amendment

made in subsection (a)(1), shall not apply to any home electronic

equipment or systems manufactured before the date of the enactment

of this Act [Sept. 13, 1982]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 510 of this title.

-End-

-CITE-

47 USC Sec. 303 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 303. Powers and duties of Commission

-STATUTE-

Except as otherwise provided in this chapter, the Commission from

time to time, as public convenience, interest, or necessity

requires, shall -

(a) Classify radio stations;

(b) Prescribe the nature of the service to be rendered by each

class of licensed stations and each station within any class;

stations, and assign frequencies for each individual station and

determine the power which each station shall use and the time

during which it may operate;

(d) Determine the location of classes of stations or individual

stations;

(e) Regulate the kind of apparatus to be used with respect to its

external effects and the purity and sharpness of the emissions from

each station and from the apparatus therein;

(f) Make such regulations not inconsistent with law as it may

deem necessary to prevent interference between stations and to

carry out the provisions of this chapter: Provided, however, That

changes in the frequencies, authorized power, or in the times of

operation of any station, shall not be made without the consent of

the station licensee unless the Commission shall determine that

such changes will promote public convenience or interest or will

serve public necessity, or the provisions of this chapter will be

more fully complied with;

(g) Study new uses for radio, provide for experimental uses of

frequencies, and generally encourage the larger and more effective

use of radio in the public interest;

(h) Have authority to establish areas or zones to be served by

any station;

(i) Have authority to make special regulations applicable to

radio stations engaged in chain broadcasting;

(j) Have authority to make general rules and regulations

requiring stations to keep such records of programs, transmissions

of energy, communications, or signals as it may deem desirable;

(k) Have authority to exclude from the requirements of any

regulations in whole or in part any radio station upon railroad

rolling stock, or to modify such regulations in its discretion;

(l)(1) Have authority to prescribe the qualifications of station

operators, to classify them according to the duties to be

performed, to fix the forms of such licenses, and to issue them to

persons who are found to be qualified by the Commission and who

otherwise are legally eligible for employment in the United States,

except that such requirement relating to eligibility for employment

in the United States shall not apply in the case of licenses issued

by the Commission to (A) persons holding United States pilot

certificates; or (B) persons holding foreign aircraft pilot

certificates which are valid in the United States, if the foreign

government involved has entered into a reciprocal agreement under

which such foreign government does not impose any similar

requirement relating to eligibility for employment upon citizens of

the United States;

(2) Notwithstanding paragraph (1) of this subsection, an

individual to whom a radio station is licensed under the provisions

of this chapter may be issued an operator's license to operate that

station.

(3) In addition to amateur operator licenses which the Commission

may issue to aliens pursuant to paragraph (2) of this subsection,

and notwithstanding section 301 of this title and paragraph (1) of

this subsection, the Commission may issue authorizations, under

such conditions and terms as it may prescribe, to permit an alien

licensed by his government as an amateur radio operator to operate

his amateur radio station licensed by his government in the United

States, its possessions, and the Commonwealth of Puerto Rico

provided there is in effect a multilateral or bilateral agreement,

to which the United States and the alien's government are parties,

for such operation on a reciprocal basis by United States amateur

radio operators. Other provisions of this chapter and of subchapter

II of chapter 5, and chapter 7, of title 5 shall not be applicable

to any request or application for or modification, suspension, or

cancellation of any such authorization.

(m)(1) Have authority to suspend the license of any operator upon

proof sufficient to satisfy the Commission that the licensee -

(A) has violated, or caused, aided, or abetted the violation

of, any provision of any Act, treaty, or convention binding on

the United States, which the Commission is authorized to

administer, or any regulation made by the Commission under any

such Act, treaty, or convention; or

(B) has failed to carry out a lawful order of the master or

person lawfully in charge of the ship or aircraft on which he is

employed; or

installations to be damaged; or

(D) has transmitted superfluous radio communications or signals

or communications containing profane or obscene words, language,

or meaning, or has knowingly transmitted -

(1) false or deceptive signals or communications, or

(2) a call signal or letter which has not been assigned by

proper authority to the station he is operating; or

(E) has willfully or maliciously interfered with any other

radio communications or signals; or

(F) has obtained or attempted to obtain, or has assisted

another to obtain or attempt to obtain, an operator's license by

fraudulent means.

(2) No order of suspension of any operator's license shall take

effect until fifteen days' notice in writing thereof, stating the

cause for the proposed suspension, has been given to the operator

licensee who may make written application to the Commission at any

time within said fifteen days for a hearing upon such order. The

notice to the operator licensee shall not be effective until

actually received by him, and from that time he shall have fifteen

days in which to mail the said application. In the event that

physical conditions prevent mailing of the application at the

expiration of the fifteen-day period, the application shall then be

mailed as soon as possible thereafter, accompanied by a

satisfactory explanation of the delay. Upon receipt by the

Commission of such application for hearing, said order of

suspension shall be held in abeyance until the conclusion of the

hearing which shall be conducted under such rules as the Commission

may prescribe. Upon the conclusion of said hearing the Commission

may affirm, modify, or revoke said order of suspension.

(n) Have authority to inspect all radio installations associated

with stations required to be licensed by any Act, or which the

Commission by rule has authorized to operate without a license

under section 307(e)(1) of this title, or which are subject to the

provisions of any Act, treaty, or convention binding on the United

States, to ascertain whether in construction, installation, and

operation they conform to the requirements of the rules and

regulations of the Commission, the provisions of any Act, the terms

of any treaty or convention binding on the United States, and the

conditions of the license or other instrument of authorization

under which they are constructed, installed, or operated.

(o) Have authority to designate call letters of all stations;

(p) Have authority to cause to be published such call letters and

such other announcements and data as in the judgment of the

Commission may be required for the efficient operation of radio

stations subject to the jurisdiction of the United States and for

the proper enforcement of this chapter;

(q) Have authority to require the painting and/or illumination of

radio towers if and when in its judgment such towers constitute, or

there is a reasonable possibility that they may constitute, a

menace to air navigation. The permittee or licensee, and the tower

owner in any case in which the owner is not the permittee or

licensee, shall maintain the painting and/or illumination of the

tower as prescribed by the Commission pursuant to this section. In

the event that the tower ceases to be licensed by the Commission

for the transmission of radio energy, the owner of the tower shall

maintain the prescribed painting and/or illumination of such tower

until it is dismantled, and the Commission may require the owner to

dismantle and remove the tower when the Administrator of the

Federal Aviation Agency determines that there is a reasonable

possibility that it may constitute a menace to air navigation.

(r) Make such rules and regulations and prescribe such

restrictions and conditions, not inconsistent with law, as may be

necessary to carry out the provisions of this chapter, or any

international radio or wire communications treaty or convention, or

regulations annexed thereto, including any treaty or convention

insofar as it relates to the use of radio, to which the United

States is or may hereafter become a party.

(s) Have authority to require that apparatus designed to receive

television pictures broadcast simultaneously with sound be capable

of adequately receiving all frequencies allocated by the Commission

to television broadcasting when such apparatus is shipped in

interstate commerce, or is imported from any foreign country into

the United States, for sale or resale to the public.

(t) Notwithstanding the provisions of section 301(e) of this

title, have authority, in any case in which an aircraft registered

in the United States is operated (pursuant to a lease, charter, or

similar arrangement) by an aircraft operator who is subject to

regulation by the government of a foreign nation, to enter into an

agreement with such government under which the Commission shall

recognize and accept any radio station licenses and radio operator

licenses issued by such government with respect to such aircraft.

(u) Require that apparatus designed to receive television

pictures broadcast simultaneously with sound be equipped with

built-in decoder circuitry designed to display closed-captioned

television transmissions when such apparatus is manufactured in the

United States or imported for use in the United States, and its

television picture screen is 13 inches or greater in size.

(v) Have exclusive jurisdiction to regulate the provision of

direct-to-home satellite services. As used in this subsection, the

term "direct-to-home satellite services" means the distribution or

broadcasting of programming or services by satellite directly to

the subscriber's premises without the use of ground receiving or

distribution equipment, except at the subscriber's premises or in

the uplink process to the satellite.

(w) Omitted.

(x) Require, in the case of an apparatus designed to receive

television signals that are shipped in interstate commerce or

manufactured in the United States and that have a picture screen 13

inches or greater in size (measured diagonally), that such

apparatus be equipped with a feature designed to enable viewers to

block display of all programs with a common rating, except as

otherwise permitted by regulations pursuant to section 330(c)(4) of

this title.

(y) Have authority to allocate electromagnetic spectrum so as to

provide flexibility of use, if -

(1) such use is consistent with international agreements to

which the United States is a party; and

(2) the Commission finds, after notice and an opportunity for

public comment, that -

(A) such an allocation would be in the public interest;

(B) such use would not deter investment in communications

services and systems, or technology development; and

users.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 303, 48 Stat. 1082; May

20, 1937, ch. 229, Secs. 5, 6, 50 Stat. 190, 191; Pub. L. 85-817,

Sec. 1, Aug. 28, 1958, 72 Stat. 981; Pub. L. 87-445, Apr. 27, 1962,

76 Stat. 64; Pub. L. 87-529, Sec. 1, July 10, 1962, 76 Stat. 150;

Pub. L. 88-313, Sec. 1, May 28, 1964, 78 Stat. 202; Pub. L. 88-487,

Sec. 2, Aug. 22, 1964, 78 Stat. 602; Pub. L. 89-268, Oct. 19, 1965,

79 Stat. 990; Pub. L. 92-81, Sec. 1, Aug. 10, 1971, 85 Stat. 302;

Pub. L. 93-505, Sec. 1, Nov. 30, 1974, 88 Stat. 1576; Pub. L.

97-259, title I, Secs. 109-111(a), 113(b), Sept. 13, 1982, 96 Stat.

1092, 1093; Pub. L. 101-396, Sec. 8(a), Sept. 28, 1990, 104 Stat.

850; Pub. L. 101-431, Sec. 3, Oct. 15, 1990, 104 Stat. 960; Pub. L.

102-538, title II, Sec. 210(a), Oct. 27, 1992, 106 Stat. 3544; Pub.

L. 104-104, title II, Sec. 205(b), title IV, Sec. 403(g), title V,

Sec. 551(b)(1), (c), Feb. 8, 1996, 110 Stat. 114, 131, 140, 141;

Pub. L. 105-33, title III, Sec. 3005, Aug. 5, 1997, 111 Stat. 268.)

-COD-

CODIFICATION

Enactment of subsec. (w) by Pub. L. 104-104, Sec. 551(b)(1), did

not become effective pursuant to Pub. L. 104-104, Sec. 551(e)(1),

because the Federal Communications Commission on Mar. 12, 1998,

adopted an order finding acceptable the video programming rating

system currently in voluntary use. See 1996 Amendment note and

Effective Date of 1996 Amendment note below.

In subsec. (l)(3), "subchapter II of chapter 5, and chapter 7, of

title 5" substituted for "the Administrative Procedure Act" 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

1997 - Subsec. (y). Pub. L. 105-33 added subsec. (y).

1996 - Subsec. (f). Pub. L. 104-104, Sec. 403(g), struck out ",

after a public hearing," after "unless".

Subsec. (v). Pub. L. 104-104, Sec. 205(b), added subsec. (v).

Subsec. (w). Pub. L. 104-104, Sec. 551(b)(1), which did not

become effective, directed the insertion of subsec. (w) reading as

follows: "Prescribe -

"(1) on the basis of recommendations from an advisory committee

established by the Commission in accordance with section

551(b)(2) of the Telecommunications Act of 1996, guidelines and

recommended procedures for the identification and rating of video

programming that contains sexual, violent, or other indecent

material about which parents should be informed before it is

displayed to children: Provided, That nothing in this paragraph

shall be construed to authorize any rating of video programming

on the basis of its political or religious content; and

"(2) with respect to any video programming that has been rated,

and in consultation with the television industry, rules requiring

distributors of such video programming to transmit such rating to

permit parents to block the display of video programming that

they have determined is inappropriate for their children."

See Codification note above and Effective Date of 1996 Amendment

note below.

Subsec. (x). Pub. L. 104-104, Sec. 551(c), added subsec. (x).

1992 - Subsec. (q). Pub. L. 102-538 inserted ", and the tower

owner in any case in which the owner is not the permittee or

licensee," after "permittee or licensee".

1990 - Subsec. (l)(3). Pub. L. 101-396 substituted "multilateral

or bilateral agreement, to which the United States and the alien's

government are parties," for "bilateral agreement between the

United States and the alien's government".

Subsec. (u). Pub. L. 101-431 added subsec. (u).

1982 - Subsec. (l)(1). Pub. L. 97-259, Sec. 109, substituted

"persons who are found to be qualified by the commission and who

otherwise are legally eligible for employment in the United States"

for "such citizens or nationals of the United States, or citizens

of the Trust Territory of the Pacific Islands presenting valid

identity certificates issued by the High Commissioner of such

Territory, as the Commission finds qualified", and substituted

provision that the requirement relating to eligibility for

employment in the United States shall not apply in the case of

licenses issued by the Commission to (A) persons holding United

States pilot certificates; or (B) persons holding foreign aircraft

pilot certificates which are valid in the United States, if the

foreign government involved has entered into a reciprocal agreement

under which such foreign government does not impose any similar

requirement relating to eligibility for employment upon citizens of

the United States for provision that in issuing licenses for the

operation of radio stations on aircraft the Commission, if it found

that the public interest would be served thereby, could waive the

requirement of citizenship in the case of persons holding United

States pilot certificates or in the case of persons holding foreign

aircraft pilot certificates which were valid in the United States

on the basis of reciprocal agreements entered into with foreign

governments.

Subsec. (m)(1)(A). Pub. L. 97-259, Sec. 110, inserted ", or

caused, aided, or abetted the violation of," after "violated".

Subsec. (n). Pub. L. 97-259, Sec. 113(b), inserted ", or which

the Commission by rule has authorized to operate without a license

under section 307(e)(1) of this title," after "licensed by any

Act".

Subsec. (t). Pub. L. 97-259, Sec. 111(a), added subsec. (t).

1974 - Subsec. (l)(2). Pub. L. 93-505 substituted provisions

relating to issuance, notwithstanding par. (1) of this subsection,

to an individual to whom a radio station is licensed under this

chapter of an operator's license to operate that station, for

provisions relating to issuance by the Commission of

authorizations, under terms and conditions, for aliens licensed as

amateur radio operators by their governments to operate in the

United States, possessions, and Puerto Rico upon meeting specified

preconditions.

Subsec. (l)(3). Pub. L. 93-505 substituted provisions relating to

issuance of authorizations for aliens licensed by their governments

as amateur radio operators to operate their radio stations in the

United States, possessions, and Puerto Rico, under terms and

conditions prescribed by the Commission and upon meeting specified

preconditions, for provisions relating to issuance of licenses by

the Commission, notwithstanding par. (1) of this subsection, to

aliens admitted to the United States as permanent residents.

1971 - Subsec. (l)(3). Pub. L. 92-81 added par. (3).

1965 - Subsec. (q). Pub. L. 89-268 required abandoned or unused

radio towers to continue to meet the same painting and lighting

requirements that would be applicable if such towers were being

used in connection with transmission of radio energy pursuant to a

license issued by the Commission and authorized the Commission to

direct dismantlement of such towers when the Administrator of the

Federal Aviation Agency determines that there is a reasonable

possibility that they may constitute a menace to air navigation.

1964 - Subsec. (l). Pub. L. 88-487 inserted "or citizens of the

Trust Territory of the Pacific Islands presenting valid identity

certificates issued by the High Commissioner of such Territory".

Pub. L. 88-313 designated existing provisions of subsec. (l) as

par. (1), and added par. (2).

1962 - Subsec. (l). Pub. L. 87-445 inserted "or nationals" after

"citizens".

Subsec. (s). Pub. L. 87-529 added subsec. (s).

1958 - Subsec. (l). Pub. L. 85-817 authorized Commission to waive

citizenship requirement in issuing licenses for operation of radio

stations on aircraft.

1937 - Subsecs. (m), (n). Act May 20, 1937, Secs. 5, 6(a),

amended subsecs. (m) and (n) generally.

Subsec. (r). Act May 20, 1937, Sec. 6(b), added subsec. (r).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 551(e) of Pub. L. 104-104 provided that:

"(1) Applicability of rating provision. - The amendment made by

subsection (b) of this section [amending this section] shall take

effect 1 year after the date of enactment of this Act [Feb. 8,

1996], but only if the Commission determines [see Codification note

above], in consultation with appropriate public interest groups and

interested individuals from the private sector, that distributors

of video programming have not, by such date -

"(A) established voluntary rules for rating video programming

that contains sexual, violent, or other indecent material about

which parents should be informed before it is displayed to

children, and such rules are acceptable to the Commission; and

"(B) agreed voluntarily to broadcast signals that contain

ratings of such programming.

"(2) Effective date of manufacturing provision. - In prescribing

regulations to implement the amendment made by subsection (c)

[amending this section], the Federal Communications Commission

shall, after consultation with the television manufacturing

industry, specify the effective date for the applicability of the

requirement to the apparatus covered by such amendment, which date

shall not be less than two years after the date of enactment of

this Act [Feb. 8, 1996]." [On Mar. 12, 1998, the Federal

Communications Commission adopted technical rules that require

certain television receivers to be equipped with features to block

display of programs with a common rating. This feature was to be

phased in, with half of subject television receivers to have it by

July 1, 1999, and all such models to have it by Jan. 1, 2000.]

EFFECTIVE DATE OF 1992 AMENDMENT

Section 210(c) of Pub. L. 102-538 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect 30

days after the date of enactment of this Act [Oct. 27, 1992]."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5 of Pub. L. 101-431 provided that: "Sections 3 and 4 of

this Act [amending this section and section 330 of this title]

shall take effect on July 1, 1993."

REGULATIONS

Section 6 of Pub. L. 101-431 provided that: "The Federal

Communications Commission shall promulgate rules to implement this

Act [amending this section and section 330 of this title and

enacting provisions set out as notes under this section and section

609 of this title] within 180 days after the date of its enactment

[Oct. 15, 1990]."

Pub. L. 100-459, title VI, Sec. 608, Oct. 1, 1988, 102 Stat.

2228, directed Federal Communications Commission to promulgate, by

Jan. 31, 1989, regulations in accordance with section 1464 of Title

18, Crimes and Criminal Procedure, to enforce the provisions of

such section on a 24 hour per day basis, prior to repeal by Pub. L.

102-356, Sec. 16(b), Aug. 26, 1992, 106 Stat. 954.

RESTRICTIONS ON OVER-THE-AIR RECEPTION DEVICES

Section 207 of Pub. L. 104-104 provided that: "Within 180 days

after the date of enactment of this Act [Feb. 8, 1996], the

Commission shall, pursuant to section 303 of the Communications Act

of 1934 [47 U.S.C. 303], promulgate regulations to prohibit

restrictions that impair a viewer's ability to receive video

programming services through devices designed for over-the-air

reception of television broadcast signals, multichannel multipoint

distribution service, or direct broadcast satellite services."

PARENTAL CHOICE IN TELEVISION PROGRAMMING

Section 551(a) of Pub. L. 104-104 provided that: "The Congress

makes the following findings:

"(1) Television influences children's perception of the values

and behavior that are common and acceptable in society.

"(2) Television station operators, cable television system

operators, and video programmers should follow practices in

connection with video programming that take into consideration

that television broadcast and cable programming has established a

uniquely pervasive presence in the lives of American children.

"(3) The average American child is exposed to 25 hours of

television each week and some children are exposed to as much as

11 hours of television a day.

"(4) Studies have shown that children exposed to violent video

programming at a young age have a higher tendency for violent and

aggressive behavior later in life than children not so exposed,

and that children exposed to violent video programming are prone

to assume that acts of violence are acceptable behavior.

"(5) Children in the United States are, on average, exposed to

an estimated 8,000 murders and 100,000 acts of violence on

television by the time the child completes elementary school.

"(6) Studies indicate that children are affected by the

pervasiveness and casual treatment of sexual material on

television, eroding the ability of parents to develop responsible

attitudes and behavior in their children.

"(7) Parents express grave concern over violent and sexual

video programming and strongly support technology that would give

them greater control to block video programming in the home that

they consider harmful to their children.

"(8) There is a compelling governmental interest in empowering

parents to limit the negative influences of video programming

that is harmful to children.

"(9) Providing parents with timely information about the nature

of upcoming video programming and with the technological tools

that allow them easily to block violent, sexual, or other

programming that they believe harmful to their children is a

nonintrusive and narrowly tailored means of achieving that

compelling governmental interest."

ADVISORY COMMITTEE REQUIREMENTS

Section 551(b)(2) of Pub. L. 104-104 provided that: "In

establishing an advisory committee for purposes of the amendment

made by paragraph (1) of this subsection [amending this section],

the Commission shall -

"(A) ensure that such committee is composed of parents,

television broadcasters, television programming producers, cable

operators, appropriate public interest groups, and other

interested individuals from the private sector and is fairly

balanced in terms of political affiliation, the points of view

represented, and the functions to be performed by the committee;

"(B) provide to the committee such staff and resources as may

be necessary to permit it to perform its functions efficiently

and promptly; and

"(C) require the committee to submit a final report of its

recommendations within one year after the date of the appointment

of the initial members."

TECHNOLOGY FUND

Section 552 of Pub. L. 104-104 provided that: "It is the policy

of the United States to encourage broadcast television, cable,

satellite, syndication, other video programming distributors, and

relevant related industries (in consultation with appropriate

public interest groups and interested individuals from the private

sector) to -

"(1) establish a technology fund to encourage television and

electronics equipment manufacturers to facilitate the development

of technology which would empower parents to block programming

they deem inappropriate for their children and to encourage the

availability thereof to low income parents;

"(2) report to the viewing public on the status of the

development of affordable, easy to use blocking technology; and

"(3) establish and promote effective procedures, standards,

systems, advisories, or other mechanisms for ensuring that users

have easy and complete access to the information necessary to

effectively utilize blocking technology and to encourage the

availability thereof to low income parents."

AM RADIO IMPROVEMENT STANDARD

Section 214 of Pub. L. 102-538 provided that: "The Federal

Communications Commission shall -

"(1) within 60 days after the date of enactment of this Act

[Oct. 27, 1992], initiate a rulemaking to adopt a single AM radio

stereophonic transmitting equipment standard that specifies the

composition of the transmitted stereophonic signal; and

"(2) within one year after such date of enactment, adopt such

standard."

BROADCASTING OF INDECENT PROGRAMMING; FCC REGULATIONS

Pub. L. 102-356, Sec. 16(a), Aug. 26, 1992, 106 Stat. 954,

provided that: "The Federal Communications Commission shall

promulgate regulations to prohibit the broadcasting of indecent

programming -

"(1) between 6 a.m. and 10 p.m. on any day by any public radio

station or public television station that goes off the air at or

before 12 midnight; and

"(2) between 6 a.m. and 12 midnight on any day for any radio or

television broadcasting station not described in paragraph (1).

The regulations required under this subsection shall be promulgated

in accordance with section 553 of title 5, United States Code, and

shall become final not later than 180 days after the date of

enactment of this Act [Aug. 26, 1992]."

CONGRESSIONAL FINDINGS REGARDING ACCESS BY HEARING-IMPAIRED PEOPLE

TO TELEVISION MEDIUM

Section 2 of Pub. L. 101-431 provided that: "The Congress finds

that -

"(1) to the fullest extent made possible by technology, deaf

and hearing-impaired people should have equal access to the

television medium;

"(2) closed-captioned television transmissions have made it

possible for thousands of deaf and hearing-impaired people to

gain access to the television medium, thus significantly

improving the quality of their lives;

"(3) closed-captioned television will provide access to

information, entertainment, and a greater understanding of our

Nation and the world to over 24,000,000 people in the United

States who are deaf or hearing-impaired;

"(4) closed-captioned television will provide benefits for the

nearly 38 percent of older Americans who have some loss of

hearing;

"(5) closed-captioned television can assist both hearing and

hearing-impaired children with reading and other learning skills,

and improve literacy skills among adults;

"(6) closed-captioned television can assist those among our

Nation's large immigrant population who are learning English as a

second language with language comprehension;

"(7) currently, a consumer must buy a TeleCaption decoder and

connect the decoder to a television set in order to display the

closed-captioned television transmissions;

"(8) technology is now available to enable that closed-caption

decoding capability to be built into new television sets during

manufacture at a nominal cost by 1991; and

"(9) the availability of decoder-equipped television sets will

significantly increase the audience that can be served by

closed-captioned television, and such increased market will be an

incentive to the television medium to provide more captioned

programming."

DIRECTION ON USE OF FUNDS REGARDING SPECTRUM ALLOCATION AND

ASSIGNMENTS FOR PUBLIC SAFETY PURPOSES

Pub. L. 98-214, Sec. 9, Dec. 8, 1983, 97 Stat. 1470, provided

that:

"(a) Funds authorized to be appropriated under section 2 of this

Act [amending section 156 of this title] shall be used by the

Federal Communications Commission to establish a plan which

adequately ensures that the needs of State and local public safety

authorities would be taken into account in making allocations of

the electromagnetic spectrum. In establishing such a plan the

Commission shall (1) review the current and future needs of such

public safety authorities in light of suitable and commercially

available equipment and (2) consider the need for a nationwide

contiguous frequency allocation for public safety purposes.

"(b) Pending adoption of a plan, the Commission, while making

assignments and allocations, shall duly recognize the needs of

State and local public safety authorities."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 301, 305, 309, 330, 332,

503, 923 of this title.

-End-

-CITE-

47 USC Sec. 303a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 303a. Standards for children's television programming

-STATUTE-

(a) Establishment

The Commission shall, within 30 days after October 18, 1990,

initiate a rulemaking proceeding to prescribe standards applicable

to commercial television broadcast licensees with respect to the

time devoted to commercial matter in conjunction with children's

television programming. The Commission shall, within 180 days after

October 18, 1990, complete the rulemaking proceeding and prescribe

final standards that meet the requirements of subsection (b) of

this section.

(b) Advertising duration limitations

Except as provided in subsection (c) of this section, the

standards prescribed under subsection (a) of this section shall

include the requirement that each commercial television broadcast

licensee shall limit the duration of advertising in children's

television programming to not more than 10.5 minutes per hour on

weekends and not more than 12 minutes per hour on weekdays.

After January 1, 1993, the Commission -

(1) may review and evaluate the advertising duration

limitations required by subsection (b) of this section; and

(2) may, after notice and public comment and a demonstration of

the need for modification of such limitations, modify such

limitations in accordance with the public interest.

(d) "Commercial television broadcast licensee" defined

As used in this section, the term "commercial television

broadcast licensee" includes a cable operator, as defined in

section 522 of this title.

-SOURCE-

(Pub. L. 101-437, title I, Sec. 102, Oct. 17, 1990, 104 Stat. 996.)

-COD-

CODIFICATION

Section was enacted as part of the Children's Television Act of

1990, and not as part of the Communications Act of 1934 which

comprises this chapter.

-MISC1-

CONGRESSIONAL FINDINGS

Section 101 of title I of Pub. L. 101-437 provided that: "The

Congress finds that -

"(1) it has been clearly demonstrated that television can

assist children to learn important information, skills, values,

and behavior, while entertaining them and exciting their

curiosity to learn about the world around them;

"(2) as part of their obligation to serve the public interest,

television station operators and licensees should provide

programming that serves the special needs of children;

"(3) the financial support of advertisers assists in the

provision of programming to children;

"(4) special safeguards are appropriate to protect children

from overcommercialization on television;

"(5) television station operators and licensees should follow

practices in connection with children's television programming

and advertising that take into consideration the characteristics

of this child audience; and

"(6) it is therefore necessary that the Federal Communications

Commission (hereinafter referred to as the 'Commission') take the

actions required by this title [enacting sections 303a and 303b

of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 303b of this title.

-End-

-CITE-

47 USC Sec. 303b 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 303b. Consideration of children's television service in

broadcast license renewal

-STATUTE-

(a) After the standards required by section 303a of this title

are in effect, the Commission shall, in its review of any

application for renewal of a commercial or noncommercial television

broadcast license, consider the extent to which the licensee -

(1) has complied with such standards; and

(2) has served the educational and informational needs of

children through the licensee's overall programming, including

programming specifically designed to serve such needs.

(b) In addition to consideration of the licensee's programming as

required under subsection (a) of this section, the Commission may

consider -

(1) any special nonbroadcast efforts by the licensee which

enhance the educational and informational value of such

programming to children; and

(2) any special efforts by the licensee to produce or support

programming broadcast by another station in the licensee's

marketplace which is specifically designed to serve the

educational and informational needs of children.

-SOURCE-

(Pub. L. 101-437, title I, Sec. 103, Oct. 17, 1990, 104 Stat. 997;

Pub. L. 102-356, Sec. 15, Aug. 26, 1992, 106 Stat. 954; Pub. L.

103-414, title III, Sec. 303(c), Oct. 25, 1994, 108 Stat. 4296.)

-COD-

CODIFICATION

Section was enacted as part of the Children's Television Act of

1990, and not as part of the Communications Act of 1934 which

comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-414 substituted "noncommercial"

for "noncommerical".

1992 - Subsec. (a). Pub. L. 102-356 inserted reference to

commercial or noncommercial television broadcast licenses.

-End-

-CITE-

47 USC Sec. 303c 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 303c. Television program improvement

-STATUTE-

(a) Short title

This section may be cited as the "Television Program Improvement

Act of 1990".

(b) Definitions

For purposes of this section -

(1) the term "antitrust laws" has the meaning given it in

subsection (a) of section 12 of title 15, except that such term

includes section 45 of title 15 to the extent that section 45 of

title 15 applies to unfair methods of competition;

(2) the term "person in the television industry" means a

television network, any entity which produces programming

(including theatrical motion pictures) for telecasting or

telecasts programming, the National Cable Television Association,

the Association of Independent Television Stations, Incorporated,

the National Association of Broadcasters, the Motion Picture

Association of America, the Community Antenna Television

Association, and each of the networks' affiliate organizations,

and shall include any individual acting on behalf of such person;

and

(3) the term "telecast" means -

(A) to broadcast by a television broadcast station; or

(B) to transmit by a cable television system or a satellite

television distribution service.

The antitrust laws shall not apply to any joint discussion,

consideration, review, action, or agreement by or among persons in

the television industry for the purpose of, and limited to,

developing and disseminating voluntary guidelines designed to

alleviate the negative impact of violence in telecast material.

(d) Limitations

(1) The exemption provided in subsection (c) of this section

shall not apply to any joint discussion, consideration, review,

action, or agreement which results in a boycott of any person.

(2) The exemption provided in subsection (c) of this section

shall apply only to any joint discussion, consideration, review,

action, or agreement engaged in only during the 3-year period

beginning on December 1, 1990.

-SOURCE-

(Pub. L. 101-650, title V, Sec. 501, Dec. 1, 1990, 104 Stat. 5127.)

-COD-

CODIFICATION

Section was enacted as part of the Television Program Improvement

Act of 1990 and also as part of the Judicial Improvements Act of

1990, and not as part of the Communications Act of 1934 which

comprises this chapter.

-End-

-CITE-

47 USC Sec. 304 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 304. Waiver by license of claims to particular frequency or of

electromagnetic spectrum

-STATUTE-

No station license shall be granted by the Commission until the

applicant therefor shall have waived any claim to the use of any

particular frequency or of the electromagnetic spectrum as against

the regulatory power of the United States because of the previous

use of the same, whether by license or otherwise.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 304, 48 Stat. 1083; Pub.

L. 97-259, title I, Sec. 127(a), Sept. 13, 1982, 96 Stat. 1099;

Pub. L. 102-538, title II, Sec. 204(a), Oct. 27, 1992, 106 Stat.

3543.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-538 substituted "waived" for "signed a waiver

of".

1982 - Pub. L. 97-259 substituted "electromagnetic spectrum" for

"ether".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 309 of this title.

-End-

-CITE-

47 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 305. Government owned stations

-STATUTE-

(a) Frequencies; compliance with regulations; stations on vessels

Radio stations belonging to and operated by the United States

shall not be subject to the provisions of sections 301 and 303 of

this title. All such Government stations shall use such frequencies

as shall be assigned to each or to each class by the President. All

such stations, except stations on board naval and other Government

vessels while at sea or beyond the limits of the continental United

States, when transmitting any radio communication or signal other

than a communication or signal relating to Government business,

shall conform to such rules and regulations designed to prevent

interference with other radio stations and the rights of others as

the Commission may prescribe.

(b) Call letters

All stations owned and operated by the United States, except

mobile stations of the Army of the United States, and all other

stations on land and sea, shall have special call letters

designated by the Commission.

The provisions of sections 301 and 303 of this title

notwithstanding, the President may, provided he determines it to be

consistent with and in the interest of national security, authorize

a foreign government, under such terms and conditions as he may

prescribe, to construct and operate at the seat of government of

the United States a low-power radio station in the fixed service at

or near the site of the embassy or legation of such foreign

government for transmission of its messages to points outside the

United States, but only (1) where he determines that the

authorization would be consistent with the national interest of the

United States and (2) where such foreign government has provided

reciprocal privileges to the United States to construct and operate

radio stations within territories subject to its jurisdiction.

Foreign government stations authorized pursuant to the provisions

of this subsection shall conform to such rules and regulations as

the President may prescribe. The authorization of such stations,

and the renewal, modification, suspension, revocation, or other

termination of such authority shall be in accordance with such

procedures as may be established by the President and shall not be

subject to the other provisions of this chapter or of subchapter II

of chapter 5, and chapter 7, of title 5.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 305, 48 Stat. 1083; Pub.

L. 87-795, Oct. 11, 1962, 76 Stat. 903; Pub. L. 97-31, Sec.

12(150), Aug. 6, 1981, 95 Stat. 167; Pub. L. 104-104, title IV,

Sec. 403(h)(1), Feb. 8, 1996, 110 Stat. 131.)

-COD-

CODIFICATION

In subsec. (c), "subchapter II of chapter 5, and chapter 7, of

title 5" substituted for "the Administrative Procedure Act" 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

1996 - Subsecs. (b) to (d). Pub. L. 104-104 redesignated subsecs.

subsec. (b) which read as follows: "Radio stations on board vessels

of the Maritime Administration of the Department of Transportation

or the Inland and Coastwise Waterways Service shall be subject to

the provisions of this subchapter."

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

Administration of the Department of Transportation" for "United

States Shipping Board Bureau or the United States Shipping Board

Merchant Fleet Corporation". For prior transfers of functions, see

Transfer of Functions note set out below.

1962 - Subsec. (d). Pub. L. 87-795 added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of United States Shipping Board Bureau

and United States Shipping Board Merchant Fleet Corporation, see

Ex. Ord. No. 6166, set out under section 901 of Title 5, Government

Organization and Employees, act June 29, 1936, ch. 858, title II,

Secs. 203, 204, title IX, Sec. 904, 49 Stat. 1987, 2016, and Reorg.

Plan No. 6 of 1949, Reorg. Plan No. 21 of 1950, and Reorg. Plan No.

7 of 1961, set out in the Appendix to Title 5.

-MISC2-

REORGANIZATION PLAN NO. 1 OF 1970

EFF. APR. 20, 1970, 35 F.R. 6421, 84 STAT. 2083

Prepared by the President and Transmitted to the Senate and the

House of Representatives in Congress Assembled, February 9, 1970,

Pursuant to the Provisions of Chapter 9 of Title 5 of the United

States Code.

OFFICE OF TELECOMMUNICATIONS POLICY

SECTION 1. TRANSFER OF FUNCTIONS

The functions relating to assigning frequencies to radio stations

belonging to and operated by the United States, or to classes

thereof, conferred upon the President by the provisions of section

305(a) of the Communications Act of 1934, 47 U.S.C. 305(a), are

hereby transferred to the Director of the Office of

Telecommunications Policy hereinafter provided for.

SEC. 2. ESTABLISHMENT OF OFFICE

There is hereby established in the Executive Office of the

President the Office of Telecommunications Policy, hereinafter

referred to as the Office.

SEC. 3. DIRECTOR AND DEPUTY

(a) There shall be at the head of the Office the Director of the

Office of Telecommunications Policy, hereinafter referred to as the

Director. The Director shall be appointed by the President by and

with the advice and consent of the Senate and shall be compensated

at the rate now or hereafter provided for Level III of the

Executive Schedule Pay Rates (5 U.S.C. 5314).

(b) There shall be in the Office a Deputy Director of the Office

of Telecommunications Policy who shall be appointed by the

President by and with the advice and consent of the Senate and

shall be compensated at the rate now or hereafter provided for

Level IV of the Executive Schedule Pay Rates (5 U.S.C. 5315). The

Deputy Director shall perform such functions as the Director may

from time to time prescribe and, unless the President shall

designate another person to so act, shall act as Director during

the absence or disability of the Director or in the event of

vacancy in the office of Director.

Director engage in any other business, vocation, or employment.

SEC. 4. PERFORMANCE OF FUNCTIONS OF DIRECTOR

(a) The Director may appoint employees necessary for the work of

the Office under the classified civil service and fix their

compensation in accordance with the classification laws.

(b) The Director may from time to time make such provisions as he

shall deem appropriate authorizing the performance of any function

transferred to him hereunder by any other officer, or by any

organizational entity or employee, of the Office.

SEC. 5. ABOLITION OF OFFICE

That office of Assistant Director of the Office of Emergency

Preparedness held by the Director of Telecommunications Management

under Executive Order No. 10995 of February 16, 1962, as amended,

is abolished. The Director of the Office of Emergency Preparedness

shall make such provisions as he may deem to be necessary with

respect to winding up any outstanding affairs of the office

abolished by the foregoing provisions of this section.

SEC. 6. INCIDENTAL TRANSFERS

(a) So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds employed,

held, or used by, or available or to be made available to, the

Office of Emergency Preparedness in connection with functions

affected by the provisions of this reorganization plan as the

Director of the Bureau of the Budget shall determine shall be

transferred to the Office of Telecommunications Policy at such time

or times as he shall direct.

(b) Such further measures and dispositions as the Director of the

Bureau of the Budget shall deem to be necessary in order to

effectuate the transfers provided for in subsection (a) of this

section shall be carried out in such manner as he shall direct and

by such agencies as he shall designate.

SEC. 7. INTERIM DIRECTOR

The President may authorize any person who immediately prior to

the effective date of this reorganization plan holds a position in

the Executive Office of the President to act as Director of the

Office of Telecommunications Policy until the office of Director is

for the first time filled pursuant to the provisions of section 3

of this reorganization plan or by recess appointment, as the case

may be. The President may authorize any person who serves in an

acting capacity under the foregoing provisions of this section to

receive the compensation attached to the office of Director. Such

compensation, if authorized, shall be in lieu of, but not in

addition to, other compensation from the United States to which

such person may be entitled.

[The Office of Telecommunications Policy was abolished and its

functions transferred to the President and the Secretary of

Commerce by secs. 3 and 5 of Reorg. Plan No. 1 of 1977, set out in

the Appendix to Title 5, Government Organization and Employees.]

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

We live in a time when the technology of telecommunications is

undergoing rapid change which will dramatically affect the whole of

our society. It has long been recognized that the executive branch

of the Federal government should be better equipped to deal with

the issues which arise from telecommunications growth. As the

largest single user of the nation's telecommunications facilities,

the Federal government must also manage its internal communications

operations in the most effective manner possible.

Accordingly, I am today transmitting to the Congress

Reorganization Plan No. 1 of 1970, prepared in accordance with

chapter 9 of title 5 of the United States Code.

That plan would establish a new Office of Telecommunications

Policy in the Executive Office of the President. The new unit would

be headed by a Director and a Deputy Director who would be

appointed by the President with the advice and consent of the

Senate. The existing office held by the Director of

Telecommunications Management in the Office of Emergency

Preparedness would be abolished.

In addition to the functions which are transferred to it by the

reorganization plan, the new Office would perform certain other

duties which I intend to assign to it by Executive order as soon as

the reorganization plan takes effect. That order would delegate to

the new Office essentially those functions which are now assigned

to the Director of Telecommunications Management. The Office of

Telecommunications Policy would be assisted in its research and

analysis responsibilities by the agencies and departments of the

Executive Branch including another new office, located in the

Department of Commerce.

The new Office of Telecommunications Policy would play three

essential roles:

1. It would serve as the President's principal adviser on

telecommunications policy, helping to formulate government policies

concerning a wide range of domestic and international

telecommunications issues and helping to develop plans and programs

which take full advantage of the nation's technological

capabilities. The speed of economic and technological advance in

our time means that new questions concerning communications are

constantly arising, questions on which the government must be well

informed and well advised. The new Office will enable the President

and all government officials to share more fully in the experience,

the insights, and the forecasts of government and non-government

experts.

2. The Office of Telecommunications Policy would help formulate

policies and coordinate operations for the Federal government's own

vast communications systems. It would, for example, set guidelines

for the various departments and agencies concerning their

communications equipment and services. It would regularly review

the ability of government communications systems to meet the

security needs of the nation and to perform effectively in time of

emergency. The Office would direct the assignment of those portions

of the radio spectrum which are reserved for government use, carry

out responsibilities conferred on the President by the

Communications Satellite Act, advise State and local governments,

and provide policy direction for the National Communications

System.

3. Finally, the new Office would enable the executive branch to

speak with a clearer vote and to act as a more effective partner in

discussions of communications policy with both the Congress and the

Federal Communications Commission. This action would take away none

of the prerogatives or functions assigned to the Federal

Communications Commission by the Congress. It is my hope, however,

that the new Office and the Federal Communications Commission would

cooperate in achieving certain reforms in telecommunications

policy, especially in their procedures for allocating portions of

the radio spectrum for government and civilian use. Our current

procedures must be more flexible if they are to deal adequately

with problems such as the worsening spectrum shortage.

Each reorganization included in the plan which accompanies this

message is necessary to accomplish one or more of the purposes set

forth in section 901(a) of title 5 of the United States Code. In

particular, the plan is responsive to section 901(a)(1), "to

promote the better execution of the laws, the more effective

management of the executive branch and of its agencies and

functions, and the expeditious administration of the public

business;" and section 901(a)(3), "to increase the efficiency of

the operations of the government to the fullest extent

practicable."

The reorganization provided for in this plan make necessary the

appointment and compensation of new officers, as specified in

sections 3(a) and 3(b) of the plan. The rates of compensation fixed

for these officers are comparable to those fixed for other officers

in the executive branch who have similar responsibilities.

This plan should result in the more efficient operation of the

government. It is not practical, however, to itemize or aggregate

the exact expenditure reductions which will result from this

action.

The public interest requires that government policies concerning

telecommunications be formulated with as much sophistication and

vision as possible. This reorganization plan - and the executive

order which would follow it - are necessary instruments if the

government is to respond adequately to the challenges and

opportunities presented by the rapid pace of change in

communications. I urge that the Congress allow this plan to become

effective so that these necessary reforms can be accomplished.

Richard Nixon.

The White House, February 9, 1970.

-EXEC-

EXECUTIVE ORDER NO. 10995

Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519, as amended

by Ex. Ord. No. 11084, eff. Feb. 18, 1963, 28 F.R. 1531, which

related to the assignment of telecommunications management

functions, was revoked by Ex. Ord. No. 11556, eff. Sept. 14, 1970,

35 F.R. 14193, formerly set out below.

EXECUTIVE ORDER NO. 11556

Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, as amended by

Ex. Ord. No. 11921, June 11, 1976, 41 F.R. 2494, which related to

the assignment of telecommunication functions, was revoked by Ex.

Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out below.

EX. ORD. NO. 12046. TRANSFER OF TELECOMMUNICATIONS FUNCTIONS

Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, as amended by

Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No.

12472, Apr. 3, 1984, 49 F.R. 13471, provided:

By virtue of the authority vested in me by the Constitution and

laws of the United States of America, including Section 7 of

Reorganization Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977))

[set out in the Appendix to Title 5, Government Organization and

Employees], the authority and control vested in the President by

Section 2 of Executive Order No. 11556, as amended. Section 202 of

the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c)

[31 U.S.C. 1531], and Section 301 of Title 3 of the United States

Code, and as President of the United States of America, in order to

provide for the transfer of certain telecommunications functions,

it is hereby ordered as follows:

SECTION 1

REORGANIZATION PLAN

-MISC3-

1-1. IMPLEMENTATION OF REORGANIZATION PLAN

1-101. The transfer of all the functions of the Office of

Telecommunications Policy and of its Director, as provided by

Section 5B of Reorganization Plan No. 1 of 1977 (42 FR 56101), is

hereby effective.

1-102. The abolition of the Office of Telecommunications Policy,

as provided by Section 3C of Reorganization Plan No. 1 of 1977, is

hereby effective.

1-103. The establishment of an Assistant Secretary for

Communications and Information, Department of Commerce, as provided

by Section 4 of Reorganization Plan No. 1 of 1977, is hereby

effective.

1-2. TELECOMMUNICATIONS FUNCTION

1-201. Prior to the effective date of Reorganization Plan No. 1

of 1977, the Office of Telecommunications Policy and its Director

had the functions set forth or referenced by: (1) Section 1 of

Reorganization Plan No. 1 of 1970 (5 U.S.C. App.), (2) Executive

Order No. 11556 of September 4, 1970, as amended (47 U.S.C. 305

note), (3) Executive Order No. 11191 of January 4, 1965, as amended

(47 U.S.C. 721 note), (4) Executive Order No. 10705 of April 17,

1957, as amended (47 U.S.C. 606 note), and (5) Presidential

Memorandum of August 21, 1963, as amended by Executive Order No.

11556 and entitled "Establishment of the National Communications

System."

1-202. So much of those functions which relate to the preparation

of Presidential telecommunications policy options or to the

disposition of appeals from assignments of radio frequencies to

stations of the United States Government were transferred to the

President. These functions may be delegated within the Executive

Office of the President and the delegations are set forth in this

Order at Sections 3-1 through 4-3.

1-203. Those telecommunications functions which were not

transferred to the President were transferred to the Secretary of

Commerce. Functions transferred to the Secretary are set forth in

this Order at Sections 2-1 through 2-5.

-EXEC-

SECTION 2

FUNCTIONS TRANSFERRED TO COMMERCE

-MISC4-

2-1. RADIO FREQUENCIES

2-101. The authority of the President to assign frequencies to

radio stations or to classes of radio stations belonging to and

operated by the United States, including the authority to amend,

modify, or revoke such assignments, was transferred to the

Secretary of Commerce.

2-102. This authority, which was originally vested in the

President by Section 305(a) of the Communications Act of 1934, as

amended (47 U.S.C. 305(a)), was transferred and assigned to the

Director of the Office of Telecommunications Policy by Section 1 of

Reorganization Plan No. 1 of 1970 and Section 3 of Executive Order

No. 11556.

2-103. The authority to assign frequencies to radio stations is

subject to the authority to dispose of appeals from frequency

assignments as set forth in Section 3-2 of this Order.

2-2. CONSTRUCTION OF RADIO STATIONS

2-201. The authority to authorize a foreign government to

construct and operate a radio station at the seat of government of

the United States was transferred to the Secretary of Commerce.

Authorization for the construction and operation of a radio station

pursuant to this authority and the assignment of a frequency for

its use can be made only upon recommendation of the Secretary of

State and after consultation with the Attorney General and the

Chairman of the Federal Communications Commission.

2-202. This authority, which was originally vested in the

President by Section 305(d) of the Communications Act of 1934, as

amended (47 U.S.C. 305), was delegated to the Director of the

Office of Telecommunications Policy by Section 5 of Executive Order

No. 11556.

2-3. COMMUNICATIONS SATELLITE SYSTEM

2-301. Certain functions relating to the communications satellite

system were transferred to the Secretary of Commerce. Those

functions were delegated or assigned to the Director of the Office

of Telecommunications Policy by Executive Order No. 11191, as

amended by Executive Order No. 11556. The functions include

authority vested in the President by Section 201(a) of the

Communications Satellite Act of 1962 (76 Stat. 421, 47 U.S.C.

721(a)). These functions are specifically set forth in the

following provisions of this Section.

(a) Aid in the planning and development of the commercial

communications satellite system and aid in the execution of a

national program for the operation of such a system.

(b) Conduct a continuous review of all phases of the development

and operation of such system, including the activities of the

Corporation.

activities of governmental agencies with responsibilities in the

field of telecommunications, so as to insure that there is full and

effective compliance at all times with the policies set forth in

the Act [47 U.S.C. 701 et seq.].

(d) Make recommendations to the President and others as

appropriate, with respect to all steps necessary to insure the

availability and appropriate utilization of the communications

satellite system for general government purposes in consonance with

Section 201(a)(6) of the Act [47 U.S.C. 721(a)(6)].

(e) Help attain coordinated and efficient use of the

electromagnetic spectrum and the technical compatibility of the

communications satellite system with existing communications

facilities both in the United States and abroad.

(f) Assist in the preparation of Presidential action documents

for consideration by the President as may be appropriate under

Section 201(a) of the Act, make necessary recommendations to the

President in connection therewith, and keep the President currently

informed with respect to the carrying out of the Act.

(g) Serve as the chief point of liaison between the President and

the Corporation.

(h) The Secretary of Commerce shall timely submit to the

President each year the report (including evaluations and

recommendations) provided for in Section 404(a) of the Act (47

U.S.C. 744(a)).

(i) The Secretary of Commerce shall coordinate the performance of

these functions with the Secretary of State. The Corporation and

other concerned Executive agencies shall provide the Secretary of

Commerce with such assistance, documents, and other cooperation as

will enable the Secretary to carry out these functions.

2-4. OTHER TELECOMMUNICATIONS FUNCTIONS

Certain functions assigned, subject to the authority and control

of the President to the Director of the Office of

Telecommunications Policy by Section 2 of Executive Order No. 11556

were transferred to the Secretary of Commerce. These functions,

subject to the authority and control of the President, are set

forth in the following subsections.

2-401. The Secretary of Commerce shall serve as the President's

principal adviser on telecommunications policies pertaining to the

Nation's economic and technological advancement and to the

regulation of the telecommunications industry.

2-402. The Secretary of Commerce shall advise the Director of the

Office of Management and Budget on the development of policies

relating to the procurement and management of Federal

telecommunications systems.

2-403. The Secretary of Commerce shall conduct studies and

evaluations concerning telecommunications research and development,

and concerning the initiation, improvement, expansion, testing,

operation, and use of Federal telecommunications systems. The

Secretary shall advise appropriate agencies, including the Office

of Management and Budget, of the recommendations which result from

such studies and evaluations.

2-404. The Secretary of Commerce shall develop and set forth, in

coordination with the Secretary of State and other interested

agencies, plans, policies, and programs which relate to

international telecommunications issues, conferences, and

negotiations. The Secretary of Commerce shall coordinate economic,

technical, operational and related preparations for United States

participation in international telecommunications conferences and

negotiations. The Secretary shall provide advice and assistance to

the Secretary of State on international telecommunications policies

to strengthen the position and serve the best interests of the

United States, in support of the Secretary of State's

responsibility for the conduct of foreign affairs.

2-405. The Secretary of Commerce shall provide for the

coordination of the telecommunications activities of the Executive

Branch, and shall assist in the formulation of policies and

standards for those activities, including but not limited to

considerations of interoperability, privacy, security, spectrum use

and emergency readiness.

2-406. The Secretary of Commerce shall develop and set forth

telecommunications policies pertaining to the Nation's economic and

technological advancement and to the regulation of the

telecommunications industry.

2-407. The Secretary of Commerce shall ensure that the Executive

Branch views on telecommunications matters are effectively

presented to the Federal Communications Commission and, in

coordination with the Director of the Office of Management and

Budget, to the Congress.

2-408. The Secretary of Commerce shall establish policies

concerning spectrum assignments and use by radio stations belonging

to and operated by the United States. Agencies shall consult with

the Secretary of Commerce to ensure that their conduct of

telecommunications activities is consistent with those policies.

2-409. The Secretary of Commerce shall develop, in cooperation

with the Federal Communications Commission, a comprehensive

long-range plan for improved management of all electromagnetic

spectrum resources.

2-410. The Secretary of Commerce shall conduct studies and make

recommendations concerning the impact of the convergence of

computer and communications technology.

2-411. The Secretary of Commerce shall coordinate Federal

telecommunications assistance to State and local governments,

except as otherwise provided by Executive Order No. 12472 [set out

as a note under section 5195 of Title 42, The Public Health and

Welfare].

2-412. The Secretary of Commerce shall conduct and coordinate

economic and technical analyses of telecommunications policies,

activities, and opportunities in support of assigned

responsibilities.

2-413. The Secretary of Commerce shall contract for studies and

reports related to any aspect of assigned responsibilities.

2-414. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.

13471.]

2-5. CONSULTATION RESPONSIBILITIES

2-501. The authority to establish coordinating committees, as

assigned to the Director of the Office of Telecommunications Policy

by Section 10 of Executive Order No. 11556, was transferred to the

Secretary of Commerce.

2-502. As permitted by law, the Secretary of Commerce shall

establish such interagency committees and working groups composed

of representatives of interested agencies, and shall consult with

such departments and agencies as may be necessary for the most

effective performance of his functions. To the extent he deems it

necessary to continue the Interdepartment Radio Advisory Committee,

that Committee shall serve in an advisory capacity to the

Secretary. As permitted by law, the Secretary also shall establish

one or more telecommunications advisory committees composed of

experts in the telecommunications area outside the Government.

-EXEC-

SECTION 3

FUNCTIONS ASSIGNED TO THE OFFICE OF MANAGEMENT AND BUDGET

-MISC5-

3-1. TELECOMMUNICATIONS PROCUREMENT AND MANAGEMENT

3-101. The responsibility for serving as the President's

principal adviser on procurement and management of Federal

telecommunications systems and the responsibility for developing

and establishing policies for procurement and management of such

systems, which responsibilities were assigned to the Director of

the Office of Telecommunications Policy subject to the authority

and control of the President by Section 2(b) of Executive Order No.

11556, were transferred to the President.

3-102. These functions are delegated to the Director of the

Office of Management and Budget.

3-2. RADIO FREQUENCY APPEALS

3-201. The authority to make final disposition of appeals from

frequency assignments by the Secretary of Commerce for radio

stations belonging to and operated by the United States, which

authority was vested in the President by Section 305(a) of the

Communications Act of 1934 (47 U.S.C. 305(a)) and transferred to

the Director of the Office of Telecommunications Policy by

Reorganization Plan No. 1 of 1970 (5 U.S.C. App.), was transferred

to the President.

3-202. This function is delegated to the Director of the Office

of Management and Budget.

-EXEC-

SECTION 4

FUNCTIONS ASSIGNED TO THE NATIONAL SECURITY COUNCIL AND THE OFFICE

OF SCIENCE AND TECHNOLOGY POLICY

-MISC6-

4-1. EMERGENCY FUNCTIONS

4-101. The war power functions of the President under Section 606

of the Communications Act of 1934, as amended (47 U.S.C. 606),

which were delegated to the Director of the Office of

Telecommunications Policy by the Provisions of Section 4 of

Executive Order No. 10705, were transferred to the President.

4-102. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.

13471.]

4-103. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.

13471.]

4-2. NATIONAL COMMUNICATIONS SYSTEM

4-201. The responsibility for policy direction of the development

and operation of a National Communications System, which was

assigned to the Director of the Office of Telecommunications Policy

by the Presidential Memorandum of August 21, 1963, as amended by

Executive Order No. 11556, was transferred to the President.

4-202. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.

13471.]

4-3. PLANNING FUNCTIONS

4-301. The function of coordinating the development of policy,

plans, programs, and standards for the mobilization and use of the

Nation's telecommunications resources in any emergency, which

function was assigned to the Director of the Office of

Telecommunications Policy subject to the authority and control of

the President by Section 2(h) of the Executive Order No. 11556, was

transferred to the President.

4-302. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.

13471.]

-EXEC-

SECTION 5

RELATED TELECOMMUNICATIONS FUNCTIONS

-MISC7-

5-1. THE DEPARTMENT OF COMMERCE

5-101. The Secretary of Commerce shall continue to perform the

following functions previously assigned by Section 13 of Executive

Order No. 11556:

(a) Perform analysis, engineering, and administrative functions,

including the maintenance of necessary files and data bases, as

necessary in the performance of assigned responsibilities for the

management of electromagnetic spectrum.

(b) Conduct research and analysis of electromagnetic propagation,

radio systems characteristics, and operating techniques affecting

the utilization of the electromagnetic spectrum in coordination

with specialized, related research and analysis performed by other

Federal agencies in their areas of responsibility.

telecommunications sciences in support of assigned functions and in

support of other Government agencies.

5-102. The Secretary of Commerce shall participate, as

appropriate, in evaluating the capability of telecommunications

resources, in recommending remedial actions, and in developing

policy options.

5-2. DEPARTMENT OF STATE

5-201. With respect to telecommunications, the Secretary of State

shall exercise primary authority for the conduct of foreign policy,

including the determination of United States positions and the

conduct of United States participation in negotiations with foreign

governments and international bodies. In exercising this

responsibility the Secretary of State shall coordinate with other

agencies as appropriate, and, in particular, shall give full

consideration to the Federal Communications Commission's regulatory

and policy responsibility in this area.

5-202. The Secretary of State shall continue to perform the

following functions previously assigned by Executive Order No.

11191, as amended:

(a) Exercise the supervision provided for in Section 201(a)(4) of

the Communications Satellite Act of 1962, as amended (47 U.S.C.

721(a)(4)), be responsible, although the Secretary of Commerce is

the chief point of liaison, for instructing the Communications

Satellite Corporation in its role as the designated United States

representative to the International Telecommunications Satellite

Organization; and direct the foreign relations of the United States

with respect to actions under the Communications Satellite Act of

1962, as amended [section 701 et seq. of this title].

(b) Coordinate, in accordance with the applicable interagency

agreements, the performance of these functions with the Secretary

of Commerce, the Federal Communications Commission, other concerned

Executive agencies, and the Communications Satellite Corporation

(see 47 U.S.C. 731-735). The Corporation and other concerned

Executive agencies shall provide the Secretary of State with such

assistance, documents, and other cooperation as will enable the

Secretary to carry out these functions.

5-3. FEDERAL EMERGENCY MANAGEMENT AGENCY [REVOKED. EX. ORD. NO.

12472, APR. 3, 1984, 49 F.R. 13471.]

-EXEC-

SECTION 6

GENERAL PROVISIONS

-MISC8-

6-1. TRANSFER PROVISIONS

6-101. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.

13471.]

6-102. The primary responsibility for performing all

administrative support and service functions that are related to

functions transferred from the Office of Telecommunications Policy

and its Director to the President, including those functions

delegated or assigned within the Executive Office of the President,

are transferred to the Office of Administration. The Domestic

Policy Staff shall perform such functions related to the

preparation of Presidential telecommunications policy options as

the President may from time to time direct.

6-103. The records, property, personnel, and unexpended balances

of appropriations, available or to be made available, which relate

to the functions transferred, assigned, or delegated as provided in

this Order are hereby transferred as appropriate.

6-104. The Director of the Office of Management and Budget shall

make such determinations, issue such orders, and take all actions

necessary or appropriate to effectuate the transfers or

reassignments provided in this Order, including the transfer of

funds, records, property, and personnel.

6-2. AMENDMENTS

In order to reflect the transfers provided by this Order, the

following conforming amendments and revocations are ordered:

6-201. Section 306 of Executive Order No. 11051, as amended [50

App. U.S.C. 2271 note], is further amended to read:

"Sec. 306. Emergency telecommunications. The Administrator of

General Services shall be responsible for coordinating with the

National Security Council in planning for the mobilization of the

Nation's telecommunications resources in time of national

emergency.".

6-202. Executive Order No. 11490, as amended [formerly set out as

a note under section 2251 of Title 50, Appendix, War and National

Defense] is further amended by:

(1) substituting "National Security Council" for "Office of

Telecommunications Policy (35 FR 6421)" in Section 401(27), and

(2) substituting the number of this Order for "11556" and

deleting references to Executive Order No. 10705 [47 U.S.C. 606

note] in Sections 1802 and 2002(3).

6-203. Executive Order No. 11725, as amended [50 App. U.S.C. 2271

note], is further amended by substituting the number and date of

this Order for the reference to Executive Order No. 11556 of

September 4, 1970 in Section 3(16).

6-204. Executive Orders No. 10705, as amended [47 U.S.C. 606

note], No. 11191, as amended [47 U.S.C. 721 note] and No. 11556, as

amended, are revoked.

6-3. GENERAL

6-301. All Executive agencies to which functions are assigned

pursuant to this Order shall issue such rules and regulations as

may be necessary to carry them out.

6-302. All Executive agencies are authorized and directed to

cooperate with the departments and agencies to which functions are

assigned pursuant to this Order and to furnish them such

information, support and assistance, not inconsistent with law, as

they may require in the performance of those functions.

6-303. (a) Nothing in this Order reassigns any function assigned

any agency under the Federal Property and Administrative Services

Act of 1949, as amended [now chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works, and title III of the Act of June

30, 1949 (41 U.S.C. 251 et seq.)], nor does anything in this Order

impair the existing authority of the Administrator of General

Services to provide and operate telecommunications services and to

prescribe policies and methods of procurement, or impair the policy

and oversight roles of the Office of Management and Budget.

(b) In carrying out the functions in this Order, the Secretary of

Commerce shall coordinate activities as appropriate with the

Federal Communications Commission and make appropriate

recommendations to it as the regulator of the private sector.

Nothing in this Order reassigns any function vested by law in the

Federal Communications Commission.

6-304. This Order shall be effective March 26, 1978.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 923 of this title; title

14 section 829; title 22 section 1465bb.

-End-

-CITE-

47 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 306. Foreign ships; application of section 301

-STATUTE-

Section 301 of this title shall not apply to any person sending

radio communications or signals on a foreign ship while the same is

within the jurisdiction of the United States, but such

communications or signals shall be transmitted only in accordance

with such regulations designed to prevent interference as may be

promulgated under the authority of this chapter.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 306, 48 Stat. 1083.)

-End-

-CITE-

47 USC Sec. 307 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 307. Licenses

-STATUTE-

(a) Grant

The Commission, if public convenience, interest, or necessity

will be served thereby, subject to the limitations of this chapter,

shall grant to any applicant therefor a station license provided

for by this chapter.

(b) Allocation of facilities

In considering applications for licenses, and modifications and

renewals thereof, when and insofar as there is demand for the same,

the Commission shall make such distribution of licenses,

frequencies, hours of operation, and of power among the several

States and communities as to provide a fair, efficient, and

equitable distribution of radio service to each of the same.

(1) Initial and renewal licenses

Each license granted for the operation of a broadcasting

station shall be for a term of not to exceed 8 years. Upon

application therefor, a renewal of such license may be granted

from time to time for a term of not to exceed 8 years from the

date of expiration of the preceding license, if the Commission

finds that public interest, convenience, and necessity would be

served thereby. Consistent with the foregoing provisions of this

subsection, the Commission may by rule prescribe the period or

periods for which licenses shall be granted and renewed for

particular classes of stations, but the Commission may not adopt

or follow any rule which would preclude it, in any case involving

a station of a particular class, from granting or renewing a

license for a shorter period than that prescribed for stations of

such class if, in its judgment, the public interest, convenience,

or necessity would be served by such action.

(2) Materials in application

In order to expedite action on applications for renewal of

broadcasting station licenses and in order to avoid needless

expense to applicants for such renewals, the Commission shall not

require any such applicant to file any information which

previously has been furnished to the Commission or which is not

directly material to the considerations that affect the granting

or denial of such application, but the Commission may require any

new or additional facts it deems necessary to make its findings.

(3) Continuation pending decision

Pending any hearing and final decision on such an application

and the disposition of any petition for rehearing pursuant to

section 405 of this title, the Commission shall continue such

license in effect.

(d) Renewals

No renewal of an existing station license in the broadcast or the

common carrier services shall be granted more than thirty days

prior to the expiration of the original license.

(e) Operation of certain radio stations without individual licenses

(1) Notwithstanding any license requirement established in this

chapter, if the Commission determines that such authorization

serves the public interest, convenience, and necessity, the

Commission may by rule authorize the operation of radio stations

without individual licenses in the following radio services: (A)

the citizens band radio service; (B) the radio control service; (C)

the aviation radio service for aircraft stations operated on

domestic flights when such aircraft are not otherwise required to

carry a radio station; and (D) the maritime radio service for ship

stations navigated on domestic voyages when such ships are not

otherwise required to carry a radio station.

(2) Any radio station operator who is authorized by the

Commission to operate without an individual license shall comply

with all other provisions of this chapter and with rules prescribed

by the Commission under this chapter.

(3) For purposes of this subsection, the terms "citizens band

radio service", "radio control service", "aircraft station" and

"ship station" shall have the meanings given them by the Commission

by rule.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 307, 48 Stat. 1083; June

5, 1936, ch. 511, Sec. 2, 49 Stat. 1475; July 16, 1952, ch. 879,

Sec. 5, 66 Stat. 714; Pub. L. 86-752, Sec. 3, Sept. 13, 1960, 74

Stat. 889; Pub. L. 87-439, Apr. 27, 1962, 76 Stat. 58; Pub. L.

97-35, title XII, Sec. 1241(a), Aug. 13, 1981, 95 Stat. 736; Pub.

L. 97-259, title I, Secs. 112, 113(a), Sept. 13, 1982, 96 Stat.

1093; Pub. L. 104-104, title II, Sec. 203, title IV, Sec. 403(i),

Feb. 8, 1996, 110 Stat. 112, 131.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-104, Sec. 203, inserted heading

and amended text generally, restructuring existing provisions into

pars. (1) to (3) and substituting provisions providing 8 year term

for licenses of broadcasting stations for provisions providing 5

year term for licenses of television broadcasting stations, 7 year

term for licenses of radio broadcasting stations, and 10 year term

for other broadcasting stations.

Subsec. (e). Pub. L. 104-104, Sec. 403(i), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows:

"(1) Notwithstanding any licensing requirement established in

this chapter, the Commission may by rule authorize the operation of

radio stations without individual licenses in the radio control

service and the citizens band radio service if the Commission

determines that such authorization serves the public interest,

convenience, and necessity.

"(2) Any radio station operator who is authorized by the

Commission under paragraph (1) to operate without an individual

license shall comply with all other provisions of this chapter and

with rules prescribed by the Commission under this chapter.

"(3) For purposes of this subsection, the terms 'radio control

service' and 'citizens band radio service' shall have the meanings

given them by the Commission by rule."

1982 - Subsec. (c). Pub. L. 97-259, Sec. 112, redesignated

subsec. (d) as (c), substituted "ten years" for "five years" after

"station) shall be for a longer term than" and "term of not to

exceed", and inserted provision that the term of any license for

the operation of any auxiliary broadcast station or equipment which

can be used only in conjunction with a primary radio, television,

or translator station shall be concurrent with the term of the

license for such primary radio, television, or translator station.

Former subsec. (c), which required the Commission to study proposal

that Congress allocate fixed percentages of radio broadcasting

facilities to nonprofit activities and report recommendations, with

reasons, to Congress not later than Feb. 1, 1935, was struck out.

Subsec. (d). Pub. L. 97-259, Sec. 112(a), redesignated subsec.

(e) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 97-259, Secs. 112(a), 113(a), added subsec.

(e) and redesignated former subsec. (e) as (d).

1981 - Subsec. (d). Pub. L. 97-35 substituted provisions

authorizing term of five years for a television broadcasting

station license, seven years for a radio broadcasting station

license, and five years for any other class of license, with

comparable provisions for renewal, for provisions authorizing term

of three years for a broadcasting station license, and five years

for any other class of station license, with comparable provisions

for renewal.

1962 - Subsec. (e). Pub. L. 87-439 inserted "in the broadcast or

the common carrier services" before "shall be granted".

1960 - Subsec. (d). Pub. L. 86-752 inserted last sentence dealing

with the Commission's authority to grant licenses for periods

shorter than 3 years.

1952 - Subsec. (d). Act July 16, 1952, provided that upon the

expiration of any license, any renewal applied for may be granted

"if the Commission finds that public interest, convenience, and

necessity would be served thereby", and provided that pending a

hearing and final decision on an application for renewal and the

disposition of any petition for a rehearing the Commission shall

continue the license in effect.

1936 - Subsec. (b). Act June 5, 1936, amended subsec. (b)

generally.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 1241(b) of Pub. L. 97-35 provided that: "The amendments

made in subsection (a) [amending this section] shall apply to

television and radio broadcasting licenses granted or renewed by

the Federal Communications Commission after the date of the

enactment of this Act [Aug. 13, 1981]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 303, 309, 331, 503 of

this title.

-End-

-CITE-

47 USC Sec. 308 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 308. Requirements for license

-STATUTE-

(a) Writing; exceptions

The Commission may grant construction permits and station

licenses, or modifications or renewals thereof, only upon written

application therefor received by it: Provided, That (1) in cases of

emergency found by the Commission involving danger to life or

property or due to damage to equipment, or (2) during a national

emergency proclaimed by the President or declared by the Congress

and during the continuance of any war in which the United States is

engaged and when such action is necessary for the national defense

or security or otherwise in furtherance of the war effort, or (3)

in cases of emergency where the Commission finds, in the

nonbroadcast services, that it would not be feasible to secure

renewal applications from existing licensees or otherwise to follow

normal licensing procedure, the Commission may grant construction

permits and station licenses, or modifications or renewals thereof,

during the emergency so found by the Commission or during the

continuance of any such national emergency or war, in such manner

and upon such terms and conditions as the Commission shall by

regulation prescribe, and without the filing of a formal

application, but no authorization so granted shall continue in

effect beyond the period of the emergency or war requiring it:

Provided further, That the Commission may issue by cable,

telegraph, or radio a permit for the operation of a station on a

vessel of the United States at sea, effective in lieu of a license

until said vessel shall return to a port of the continental United

States.

(b) Conditions

All applications for station licenses, or modifications or

renewals thereof, shall set forth such facts as the Commission by

regulation may prescribe as to the citizenship, character, and

financial, technical, and other qualifications of the applicant to

operate the station; the ownership and location of the proposed

station and of the stations, if any, with which it is proposed to

communicate; the frequencies and the power desired to be used; the

hours of the day or other periods of time during which it is

proposed to operate the station; the purposes for which the station

is to be used; and such other information as it may require. The

Commission, at any time after the filing of such original

application and during the term of any such license, may require

from an applicant or licensee further written statements of fact to

enable it to determine whether such original application should be

granted or denied or such license revoked. Such application and/or

such statement of fact shall be signed by the applicant and/or

licensee in any manner or form, including by electronic means, as

the Commission may prescribe by regulation.

The Commission in granting any license for a station intended or

used for commercial communication between the United States or any

Territory or possession, continental or insular, subject to the

jurisdiction of the United States, and any foreign country, may

impose any terms, conditions, or restrictions authorized to be

imposed with respect to submarine-cable licenses by section 35 of

this title.

(d) Summary of complaints

Each applicant for the renewal of a commercial or noncommercial

television license shall attach as an exhibit to the application a

summary of written comments and suggestions received from the

public and maintained by the licensee (in accordance with

Commission regulations) that comment on the applicant's

programming, if any, and that are characterized by the commentor as

constituting violent programming.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 308, 48 Stat. 1084; July

16, 1952, ch. 879, Sec. 6, 66 Stat. 714; Pub. L. 87-444, Sec. 3,

Apr. 27, 1962, 76 Stat. 63; Pub. L. 102-538, title II, Sec. 204(b),

Oct. 27, 1992, 106 Stat. 3543; Pub. L. 103-414, title III, Sec.

303(a)(15), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104-104, title

II, Sec. 204(b), Feb. 8, 1996, 110 Stat. 113.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-104 added subsec. (d).

1994 - Subsec. (c). Pub. L. 103-414 made technical amendment to

reference to section 35 of this title to correct reference to

corresponding section of original act.

1992 - Subsec. (b). Pub. L. 102-538 inserted before period at end

"in any manner or form, including by electronic means, as the

Commission may prescribe by regulation".

1962 - Subsec. (b). Pub. L. 87-444 struck out requirement that

applications or statements of fact were to be signed under oath or

affirmation.

1952 - Subsec. (a). Act July 16, 1952, Sec. 6(a), provided that

the Commission may grant construction permits and station licenses,

or modifications or renewals, only upon written application except

that during war or emergency periods no formal application need be

filed.

Subsec. (b). Act July 16, 1952, Sec. 6(b), substituted "All

applications for station licenses or modifications or renewals

thereof, shall set forth" for "All such applications shall set

forth".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 204(c) of Pub. L. 104-104 provided that: "The amendments

made by this section [amending this section and section 309 of this

title] apply to applications filed after May 1, 1995."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 309, 310, 312 of this

title.

-End-

-CITE-

47 USC Sec. 309 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 309. Application for license

-STATUTE-

(a) Considerations in granting application

Subject to the provisions of this section, the Commission shall

determine, in the case of each application filed with it to which

section 308 of this title applies, whether the public interest,

convenience, and necessity will be served by the granting of such

application, and, if the Commission, upon examination of such

application and upon consideration of such other matters as the

Commission may officially notice, shall find that public interest,

convenience, and necessity would be served by the granting thereof,

it shall grant such application.

(b) Time of granting application

Except as provided in subsection (c) of this section, no such

application -

(1) for an instrument of authorization in the case of a station

in the broadcasting or common carrier services, or

(2) for an instrument of authorization in the case of a station

in any of the following categories:

(A) industrial radio positioning stations for which

frequencies are assigned on an exclusive basis,

(B) aeronautical en route stations,

(D) airdrome control stations,

(E) aeronautical fixed stations, and

(F) such other stations or classes of stations, not in the

broadcasting or common carrier services, as the Commission

shall by rule prescribe,

shall be granted by the Commission earlier than thirty days

following issuance of public notice by the Commission of the

acceptance for filing of such application or of any substantial

amendment thereof.

Subsection (b) of this section shall not apply -

(1) to any minor amendment of an application to which such

subsection is applicable, or

(2) to any application for -

(A) a minor change in the facilities of an authorized

station,

(B) consent to an involuntary assignment or transfer under

section 310(b) of this title or to an assignment or transfer

thereunder which does not involve a substantial change in

ownership or control,

application for or grant of such license, any special or

temporary authorization to permit interim operation to

facilitate completion of authorized construction or to provide

substantially the same service as would be authorized by such

license,

(D) extension of time to complete construction of authorized

facilities,

(E) an authorization of facilities for remote pickups, studio

links and similar facilities for use in the operation of a

broadcast station,

(F) authorizations pursuant to section 325(c) of this title

where the programs to be transmitted are special events not of

a continuing nature,

(G) a special temporary authorization for nonbroadcast

operation not to exceed thirty days where no application for

regular operation is contemplated to be filed or not to exceed

sixty days pending the filing of an application for such

regular operation, or

(H) an authorization under any of the proviso clauses of

section 308(a) of this title.

(d) Petition to deny application; time; contents; reply; findings

(1) Any party in interest may file with the Commission a petition

to deny any application (whether as originally filed or as amended)

to which subsection (b) of this section applies at any time prior

to the day of Commission grant thereof without hearing or the day

of formal designation thereof for hearing; except that with respect

to any classification of applications, the Commission from time to

time by rule may specify a shorter period (no less than thirty days

following the issuance of public notice by the Commission of the

acceptance for filing of such application or of any substantial

amendment thereof), which shorter period shall be reasonably

related to the time when the applications would normally be reached

for processing. The petitioner shall serve a copy of such petition

on the applicant. The petition shall contain specific allegations

of fact sufficient to show that the petitioner is a party in

interest and that a grant of the application would be prima facie

inconsistent with subsection (a) of this section (or subsection (k)

of this section in the case of renewal of any broadcast station

license). Such allegations of fact shall, except for those of which

official notice may be taken, be supported by affidavit of a person

or persons with personal knowledge thereof. The applicant shall be

given the opportunity to file a reply in which allegations of fact

or denials thereof shall similarly be supported by affidavit.

(2) If the Commission finds on the basis of the application, the

pleadings filed, or other matters which it may officially notice

that there are no substantial and material questions of fact and

that a grant of the application would be consistent with subsection

(a) of this section (or subsection (k) of this section in the case

of renewal of any broadcast station license), it shall make the

grant, deny the petition, and issue a concise statement of the

reasons for denying the petition, which statement shall dispose of

all substantial issues raised by the petition. If a substantial and

material question of fact is presented or if the Commission for any

reason is unable to find that grant of the application would be

consistent with subsection (a) of this section (or subsection (k)

of this section in the case of renewal of any broadcast station

license), it shall proceed as provided in subsection (e) of this

section.

(e) Hearings; intervention; evidence; burden of proof

If, in the case of any application to which subsection (a) of

this section applies, a substantial and material question of fact

is presented or the Commission for any reason is unable to make the

finding specified in such subsection, it shall formally designate

the application for hearing on the ground or reasons then obtaining

and shall forthwith notify the applicant and all other known

parties in interest of such action and the grounds and reasons

therefor, specifying with particularity the matters and things in

issue but not including issues or requirements phrased generally.

When the Commission has so designated an application for hearing

the parties in interest, if any, who are not notified by the

Commission of such action may acquire the status of a party to the

proceeding thereon by filing a petition for intervention showing

the basis for their interest not more than thirty days after

publication of the hearing issues or any substantial amendment

thereto in the Federal Register. Any hearing subsequently held upon

such application shall be a full hearing in which the applicant and

all other parties in interest shall be permitted to participate.

The burden of proceeding with the introduction of evidence and the

burden of proof shall be upon the applicant, except that with

respect to any issue presented by a petition to deny or a petition

to enlarge the issues, such burdens shall be as determined by the

Commission.

(f) Temporary authorization of temporary operations under

subsection (b)

When an application subject to subsection (b) of this section has

been filed, the Commission, notwithstanding the requirements of

such subsection, may, if the grant of such application is otherwise

authorized by law and if it finds that there are extraordinary

circumstances requiring temporary operations in the public interest

and that delay in the institution of such temporary operations

would seriously prejudice the public interest, grant a temporary

authorization, accompanied by a statement of its reasons therefor,

to permit such temporary operations for a period not exceeding 180

days, and upon making like findings may extend such temporary

authorization for additional periods not to exceed 180 days. When

any such grant of a temporary authorization is made, the Commission

shall give expeditious treatment to any timely filed petition to

deny such application and to any petition for rehearing of such

grant filed under section 405 of this title.

(g) Classification of applications

The Commission is authorized to adopt reasonable classifications

of applications and amendments in order to effectuate the purposes

of this section.

(h) Form and conditions of station licenses

Such station licenses as the Commission may grant shall be in

such general form as it may prescribe, but each license shall

contain, in addition to other provisions, a statement of the

following conditions to which such license shall be subject: (1)

The station license shall not vest in the licensee any right to

operate the station nor any right in the use of the frequencies

designated in the license beyond the term thereof nor in any other

manner than authorized therein; (2) neither the license nor the

right granted thereunder shall be assigned or otherwise transferred

in violation of this chapter; (3) every license issued under this

chapter shall be subject in terms to the right of use or control

conferred by section 606 of this title.

(i) Random selection

(1) General authority. - Except as provided in paragraph (5), if

there is more than one application for any initial license or

construction permit, then the Commission shall have the authority

to grant such license or permit to a qualified applicant through

the use of a system of random selection.

(2) No license or construction permit shall be granted to an

applicant selected pursuant to paragraph (1) unless the Commission

determines the qualifications of such applicant pursuant to

subsection (a) of this section and section 308(b) of this title.

When substantial and material questions of fact exist concerning

such qualifications, the Commission shall conduct a hearing in

order to make such determinations. For the purpose of making such

determinations, the Commission may, by rule, and notwithstanding

any other provision of law -

(A) adopt procedures for the submission of all or part of the

evidence in written form;

(B) delegate the function of presiding at the taking of written

evidence to Commission employees other than administrative law

judges; and

section with respect to any application other than the one

selected pursuant to paragraph (1).

(3)(A) The Commission shall establish rules and procedures to

ensure that, in the administration of any system of random

selection under this subsection used for granting licenses or

construction permits for any media of mass communications,

significant preferences will be granted to applicants or groups of

applicants, the grant to which of the license or permit would

increase the diversification of ownership of the media of mass

communications. To further diversify the ownership of the media of

mass communications, an additional significant preference shall be

granted to any applicant controlled by a member or members of a

minority group.

(B) The Commission shall have authority to require each qualified

applicant seeking a significant preference under subparagraph (A)

to submit to the Commission such information as may be necessary to

enable the Commission to make a determination regarding whether

such applicant shall be granted such preference. Such information

shall be submitted in such form, at such times, and in accordance

with such procedures, as the Commission may require.

(i) The term "media of mass communications" includes

television, radio, cable television, multipoint distribution

service, direct broadcast satellite service, and other services,

the licensed facilities of which may be substantially devoted

toward providing programming or other information services within

the editorial control of the licensee.

(ii) The term "minority group" includes Blacks, Hispanics,

American Indians, Alaska Natives, Asians, and Pacific Islanders.

(4)(A) The Commission shall, after notice and opportunity for

hearing, prescribe rules establishing a system of random selection

for use by the Commission under this subsection in any instance in

which the Commission, in its discretion, determines that such use

is appropriate for the granting of any license or permit in

accordance with paragraph (1).

(B) The Commission shall have authority to amend such rules from

time to time to the extent necessary to carry out the provisions of

this subsection. Any such amendment shall be made after notice and

opportunity for hearing.

shall prescribe such transfer disclosures and antitrafficking

restrictions and payment schedules as are necessary to prevent the

unjust enrichment of recipients of licenses or permits as a result

of the methods employed to issue licenses under this subsection.

(5) Termination of authority. - (A) Except as provided in

subparagraph (B), the Commission shall not issue any license or

permit using a system of random selection under this subsection

after July 1, 1997.

(B) Subparagraph (A) of this paragraph shall not apply with

respect to licenses or permits for stations described in section

397(6) of this title.

(j) Use of competitive bidding

(1) General authority

If, consistent with the obligations described in paragraph

(6)(E), mutually exclusive applications are accepted for any

initial license or construction permit, then, except as provided

in paragraph (2), the Commission shall grant the license or

permit to a qualified applicant through a system of competitive

bidding that meets the requirements of this subsection.

(2) Exemptions

The competitive bidding authority granted by this subsection

shall not apply to licenses or construction permits issued by the

Commission -

(A) for public safety radio services, including private

internal radio services used by State and local governments and

non-government entities and including emergency road services

provided by not-for-profit organizations, that -

(i) are used to protect the safety of life, health, or

property; and

(ii) are not made commercially available to the public;

(B) for initial licenses or construction permits for digital

television service given to existing terrestrial broadcast

licensees to replace their analog television service licenses;

(3) Design of systems of competitive bidding

For each class of licenses or permits that the Commission

grants through the use of a competitive bidding system, the

Commission shall, by regulation, establish a competitive bidding

methodology. The Commission shall seek to design and test

multiple alternative methodologies under appropriate

circumstances. The Commission shall, directly or by contract,

provide for the design and conduct (for purposes of testing) of

competitive bidding using a contingent combinatorial bidding

system that permits prospective bidders to bid on combinations or

groups of licenses in a single bid and to enter multiple

alternative bids within a single bidding round. In identifying

classes of licenses and permits to be issued by competitive

bidding, in specifying eligibility and other characteristics of

such licenses and permits, and in designing the methodologies for

use under this subsection, the Commission shall include

safeguards to protect the public interest in the use of the

spectrum and shall seek to promote the purposes specified in

section 151 of this title and the following objectives:

(A) the development and rapid deployment of new technologies,

products, and services for the benefit of the public, including

those residing in rural areas, without administrative or

judicial delays;

(B) promoting economic opportunity and competition and

ensuring that new and innovative technologies are readily

accessible to the American people by avoiding excessive

concentration of licenses and by disseminating licenses among a

wide variety of applicants, including small businesses, rural

telephone companies, and businesses owned by members of

minority groups and women;

public spectrum resource made available for commercial use and

avoidance of unjust enrichment through the methods employed to

award uses of that resource;

(D) efficient and intensive use of the electromagnetic

spectrum; and

(E) ensure that, in the scheduling of any competitive bidding

under this subsection, an adequate period is allowed -

(i) before issuance of bidding rules, to permit notice and

comment on proposed auction procedures; and

(ii) after issuance of bidding rules, to ensure that

interested parties have a sufficient time to develop business

plans, assess market conditions, and evaluate the

availability of equipment for the relevant services.

(4) Contents of regulations

In prescribing regulations pursuant to paragraph (3), the

Commission shall -

(A) consider alternative payment schedules and methods of

calculation, including lump sums or guaranteed installment

payments, with or without royalty payments, or other schedules

or methods that promote the objectives described in paragraph

(3)(B), and combinations of such schedules and methods;

(B) include performance requirements, such as appropriate

deadlines and penalties for performance failures, to ensure

prompt delivery of service to rural areas, to prevent

stockpiling or warehousing of spectrum by licensees or

permittees, and to promote investment in and rapid deployment

of new technologies and services;

necessity, the purposes of this chapter, and the

characteristics of the proposed service, prescribe area

designations and bandwidth assignments that promote (i) an

equitable distribution of licenses and services among

geographic areas, (ii) economic opportunity for a wide variety

of applicants, including small businesses, rural telephone

companies, and businesses owned by members of minority groups

and women, and (iii) investment in and rapid deployment of new

technologies and services;

(D) ensure that small businesses, rural telephone companies,

and businesses owned by members of minority groups and women

are given the opportunity to participate in the provision of

spectrum-based services, and, for such purposes, consider the

use of tax certificates, bidding preferences, and other

procedures;

(E) require such transfer disclosures and antitrafficking

restrictions and payment schedules as may be necessary to

prevent unjust enrichment as a result of the methods employed

to issue licenses and permits; and

(F) prescribe methods by which a reasonable reserve price

will be required, or a minimum bid will be established, to

obtain any license or permit being assigned pursuant to the

competitive bidding, unless the Commission determines that such

a reserve price or minimum bid is not in the public interest.

(5) Bidder and licensee qualification

No person shall be permitted to participate in a system of

competitive bidding pursuant to this subsection unless such

bidder submits such information and assurances as the Commission

may require to demonstrate that such bidder's application is

acceptable for filing. No license shall be granted to an

applicant selected pursuant to this subsection unless the

Commission determines that the applicant is qualified pursuant to

subsection (a) of this section and sections 308(b) and 310 of

this title. Consistent with the objectives described in paragraph

(3), the Commission shall, by regulation, prescribe expedited

procedures consistent with the procedures authorized by

subsection (i)(2) of this section for the resolution of any

substantial and material issues of fact concerning

qualifications.

(6) Rules of construction

Nothing in this subsection, or in the use of competitive

bidding, shall -

(A) alter spectrum allocation criteria and procedures

established by the other provisions of this chapter;

(B) limit or otherwise affect the requirements of subsection

(h) of this section, section 301, 304, 307, 310, or 606 of this

title, or any other provision of this chapter (other than

subsections (d)(2) and (e) of this section);

provisions of this chapter to regulate or reclaim spectrum

licenses;

(D) be construed to convey any rights, including any

expectation of renewal of a license, that differ from the

rights that apply to other licenses within the same service

that were not issued pursuant to this subsection;

(E) be construed to relieve the Commission of the obligation

in the public interest to continue to use engineering

solutions, negotiation, threshold qualifications, service

regulations, and other means in order to avoid mutual

exclusivity in application and licensing proceedings;

(F) be construed to prohibit the Commission from issuing

nationwide, regional, or local licenses or permits;

(G) be construed to prevent the Commission from awarding

licenses to those persons who make significant contributions to

the development of a new telecommunications service or

technology; or

(H) be construed to relieve any applicant for a license or

permit of the obligation to pay charges imposed pursuant to

section 158 of this title.

(7) Consideration of revenues in public interest determinations

(A) Consideration prohibited

In making a decision pursuant to section 303(c) of this title

to assign a band of frequencies to a use for which licenses or

permits will be issued pursuant to this subsection, and in

prescribing regulations pursuant to paragraph (4)(C) of this

subsection, the Commission may not base a finding of public

interest, convenience, and necessity on the expectation of

Federal revenues from the use of a system of competitive

bidding under this subsection.

(B) Consideration limited

In prescribing regulations pursuant to paragraph (4)(A) of

this subsection, the Commission may not base a finding of

public interest, convenience, and necessity solely or

predominantly on the expectation of Federal revenues from the

use of a system of competitive bidding under this subsection.

Nothing in this paragraph shall be construed to prevent the

Commission from continuing to consider consumer demand for

spectrum-based services.

(8) Treatment of revenues

(A) General rule

Except as provided in subparagraph (B), all proceeds from the

use of a competitive bidding system under this subsection shall

be deposited in the Treasury in accordance with chapter 33 of

title 31.

(B) Retention of revenues

Notwithstanding subparagraph (A), the salaries and expenses

account of the Commission shall retain as an offsetting

collection such sums as may be necessary from such proceeds for

the costs of developing and implementing the program required

by this subsection. Such offsetting collections shall be

available for obligation subject to the terms and conditions of

the receiving appropriations account, and shall be deposited in

such accounts on a quarterly basis. Such offsetting collections

are authorized to remain available until expended. No sums may

be retained under this subparagraph during any fiscal year

beginning after September 30, 1998, if the annual report of the

Commission under section 154(k) of this title for the second

preceding fiscal year fails to include in the itemized

statement required by paragraph (3) of such section a statement

of each expenditure made for purposes of conducting competitive

bidding under this subsection during such second preceding

fiscal year.

Any deposits the Commission may require for the qualification

of any person to bid in a system of competitive bidding

pursuant to this subsection shall be deposited in an interest

bearing account at a financial institution designated for

purposes of this subsection by the Commission (after

consultation with the Secretary of the Treasury). Within 45

days following the conclusion of the competitive bidding -

(i) the deposits of successful bidders shall be paid to the

Treasury;

(ii) the deposits of unsuccessful bidders shall be returned

to such bidders; and

(iii) the interest accrued to the account shall be

transferred to the Telecommunications Development Fund

established pursuant to section 614 of this title.

(9) Use of former Government spectrum

The Commission shall, not later than 5 years after August 10,

1993, issue licenses and permits pursuant to this subsection for

the use of bands of frequencies that -

(A) in the aggregate span not less than 10 megahertz; and

(B) have been reassigned from Government use pursuant to part

B of the National Telecommunications and Information

Administration Organization Act [47 U.S.C. 921 et seq.].

(10) Authority contingent on availability of additional spectrum

(A) Initial conditions

The Commission's authority to issue licenses or permits under

this subsection shall not take effect unless -

(i) the Secretary of Commerce has submitted to the

Commission the report required by section 113(d)(1) of the

National Telecommunications and Information Administration

Organization Act [47 U.S.C. 923(d)(1)];

(ii) such report recommends for immediate reallocation

bands of frequencies that, in the aggregate, span not less

than 50 megahertz;

(iii) such bands of frequencies meet the criteria required

by section 113(a) of such Act [47 U.S.C. 923(a)]; and

(iv) the Commission has completed the rulemaking required

by section 332(c)(1)(D) of this title.

(B) Subsequent conditions

The Commission's authority to issue licenses or permits under

this subsection on and after 2 years after August 10, 1993,

shall cease to be effective if -

(i) the Secretary of Commerce has failed to submit the

report required by section 113(a) of the National

Telecommunications and Information Administration

Organization Act [47 U.S.C. 923(a)];

(ii) the President has failed to withdraw and limit

assignments of frequencies as required by paragraphs (1) and

(2) of section 114(a) of such Act [47 U.S.C. 924(a)];

(iii) the Commission has failed to issue the regulations

required by section 115(a) of such Act [47 U.S.C. 925(a)];

(iv) the Commission has failed to complete and submit to

Congress, not later than 18 months after August 10, 1993, a

study of current and future spectrum needs of State and local

government public safety agencies through the year 2010, and

a specific plan to ensure that adequate frequencies are made

available to public safety licensees; or

(v) the Commission has failed under section 332(c)(3) of

this title to grant or deny within the time required by such

section any petition that a State has filed within 90 days

after August 10, 1993;

until such failure has been corrected.

(11) Termination

The authority of the Commission to grant a license or permit

under this subsection shall expire September 30, 2007.

(12) Evaluation

Not later than September 30, 1997, the Commission shall conduct

a public inquiry and submit to the Congress a report -

(A) containing a statement of the revenues obtained, and a

projection of the future revenues, from the use of competitive

bidding systems under this subsection;

(B) describing the methodologies established by the

Commission pursuant to paragraphs (3) and (4);

such methodologies in terms of attaining the objectives

described in such paragraphs;

(D) evaluating whether and to what extent -

(i) competitive bidding significantly improved the

efficiency and effectiveness of the process for granting

radio spectrum licenses;

(ii) competitive bidding facilitated the introduction of

new spectrum-based technologies and the entry of new

companies into the telecommunications market;

(iii) competitive bidding methodologies have secured prompt

delivery of service to rural areas and have adequately

addressed the needs of rural spectrum users; and

(iv) small businesses, rural telephone companies, and

businesses owned by members of minority groups and women were

able to participate successfully in the competitive bidding

process; and

(E) recommending any statutory changes that are needed to

improve the competitive bidding process.

(13) Recovery of value of public spectrum in connection with

pioneer preferences

(A) In general

Notwithstanding paragraph (6)(G), the Commission shall not

award licenses pursuant to a preferential treatment accorded by

the Commission to persons who make significant contributions to

the development of a new telecommunications service or

technology, except in accordance with the requirements of this

paragraph.

(B) Recovery of value

The Commission shall recover for the public a portion of the

value of the public spectrum resource made available to such

person by requiring such person, as a condition for receipt of

the license, to agree to pay a sum determined by -

(i) identifying the winning bids for the licenses that the

Commission determines are most reasonably comparable in terms

of bandwidth, scope of service area, usage restrictions, and

other technical characteristics to the license awarded to

such person, and excluding licenses that the Commission

determines are subject to bidding anomalies due to the award

of preferential treatment;

(ii) dividing each such winning bid by the population of

its service area (hereinafter referred to as the per capita

bid amount);

(iii) computing the average of the per capita bid amounts

for the licenses identified under clause (i);

(iv) reducing such average amount by 15 percent; and

(v) multiplying the amount determined under clause (iv) by

the population of the service area of the license obtained by

such person.

The Commission shall require such person to pay the sum

required by subparagraph (B) in a lump sum or in guaranteed

installment payments, with or without royalty payments, over a

period of not more than 5 years.

(D) Rulemaking on pioneer preferences

Except with respect to pending applications described in

clause (iv) of this subparagraph, the Commission shall

prescribe regulations specifying the procedures and criteria by

which the Commission will evaluate applications for

preferential treatment in its licensing processes (by

precluding the filing of mutually exclusive applications) for

persons who make significant contributions to the development

of a new service or to the development of new technologies that

substantially enhance an existing service. Such regulations

shall -

(i) specify the procedures and criteria by which the

significance of such contributions will be determined, after

an opportunity for review and verification by experts in the

radio sciences drawn from among persons who are not employees

of the Commission or by any applicant for such preferential

treatment;

(ii) include such other procedures as may be necessary to

prevent unjust enrichment by ensuring that the value of any

such contribution justifies any reduction in the amounts paid

for comparable licenses under this subsection;

(iii) be prescribed not later than 6 months after December

8, 1994;

(iv) not apply to applications that have been accepted for

filing on or before September 1, 1994; and

(v) cease to be effective on the date of the expiration of

the Commission's authority under subparagraph (F).

(E) Implementation with respect to pending applications

In applying this paragraph to any broadband licenses in the

personal communications service awarded pursuant to the

preferential treatment accorded by the Federal Communications

Commission in the Third Report and Order in General Docket

90-314 (FCC 93-550, released February 3, 1994) -

(i) the Commission shall not reconsider the award of

preferences in such Third Report and Order, and the

Commission shall not delay the grant of licenses based on

such awards more than 15 days following December 8, 1994, and

the award of such preferences and licenses shall not be

subject to administrative or judicial review;

(ii) the Commission shall not alter the bandwidth or

service areas designated for such licenses in such Third

Report and Order;

(iii) except as provided in clause (v), the Commission

shall use, as the most reasonably comparable licenses for

purposes of subparagraph (B)(i), the broadband licenses in

the personal communications service for blocks A and B for

the 20 largest markets (ranked by population) in which no

applicant has obtained preferential treatment;

(iv) for purposes of subparagraph (C), the Commission shall

permit guaranteed installment payments over a period of 5

years, subject to -

(I) the payment only of interest on unpaid balances

during the first 2 years, commencing not later than 30 days

after the award of the license (including any preferential

treatment used in making such award) is final and no longer

subject to administrative or judicial review, except that

no such payment shall be required prior to the date of

completion of the auction of the comparable licenses

described in clause (iii); and

(II) payment of the unpaid balance and interest thereon

after the end of such 2 years in accordance with the

regulations prescribed by the Commission; and

(v) the Commission shall recover with respect to broadband

licenses in the personal communications service an amount

under this paragraph that is equal to not less than

$400,000,000, and if such amount is less than $400,000,000,

the Commission shall recover an amount equal to $400,000,000

by allocating such amount among the holders of such licenses

based on the population of the license areas held by each

licensee.

The Commission shall not include in any amounts required to be

collected under clause (v) the interest on unpaid balances

required to be collected under clause (iv).

(F) Expiration

The authority of the Commission to provide preferential

treatment in licensing procedures (by precluding the filing of

mutually exclusive applications) to persons who make

significant contributions to the development of a new service

or to the development of new technologies that substantially

enhance an existing service shall expire on August 5, 1997.

(G) Effective date

This paragraph shall be effective on December 8, 1994, and

apply to any licenses issued on or after August 1, 1994, by the

Federal Communications Commission pursuant to any licensing

procedure that provides preferential treatment (by precluding

the filing of mutually exclusive applications) to persons who

make significant contributions to the development of a new

service or to the development of new technologies that

substantially enhance an existing service.

(14) Auction of recaptured broadcast television spectrum

(A) Limitations on terms of terrestrial television broadcast

licenses

A television broadcast license that authorizes analog

television service may not be renewed to authorize such service

for a period that extends beyond December 31, 2006.

(B) Extension

The Commission shall extend the date described in

subparagraph (A) for any station that requests such extension

in any television market if the Commission finds that -

(i) one or more of the stations in such market that are

licensed to or affiliated with one of the four largest

national television networks are not broadcasting a digital

television service signal, and the Commission finds that each

such station has exercised due diligence and satisfies the

conditions for an extension of the Commission's applicable

construction deadlines for digital television service in that

market;

(ii) digital-to-analog converter technology is not

generally available in such market; or

(iii) in any market in which an extension is not available

under clause (i) or (ii), 15 percent or more of the

television households in such market -

(I) do not subscribe to a multichannel video programming

distributor (as defined in section 522 of this title) that

carries one of the digital television service programming

channels of each of the television stations broadcasting

such a channel in such market; and

(II) do not have either -

(a) at least one television receiver capable of

receiving the digital television service signals of the

television stations licensed in such market; or

(b) at least one television receiver of analog

television service signals equipped with

digital-to-analog converter technology capable of

receiving the digital television service signals of the

television stations licensed in such market.

(i) The Commission shall -

(I) ensure that, as licenses for analog television service

expire pursuant to subparagraph (A) or (B), each licensee

shall cease using electromagnetic spectrum assigned to such

service according to the Commission's direction; and

(II) reclaim and organize the electromagnetic spectrum in a

manner consistent with the objectives described in paragraph

(3) of this subsection.

(ii) Licensees for new services occupying spectrum reclaimed

pursuant to clause (i) shall be assigned in accordance with

this subsection.

(D) Certain limitations on qualified bidders prohibited

In prescribing any regulations relating to the qualification

of bidders for spectrum reclaimed pursuant to subparagraph

(C)(i), the Commission, for any license that may be used for

any digital television service where the grade A contour of the

station is projected to encompass the entirety of a city with a

population in excess of 400,000 (as determined using the 1990

decennial census), shall not -

(i) preclude any party from being a qualified bidder for

such spectrum on the basis of -

(I) the Commission's duopoly rule (47 C.F.R. 73.3555(b));

(II) the Commission's newspaper cross-ownership rule (47

C.F.R. 73.3555(d)); or

(ii) apply either such rule to preclude such a party that

is a winning bidder in a competitive bidding for such

spectrum from using such spectrum for digital television

service.

(15) Commission to determine timing of auctions

(A) Commission authority

Subject to the provisions of this subsection (including

paragraph (11)), but notwithstanding any other provision of

law, the Commission shall determine the timing of and deadlines

for the conduct of competitive bidding under this subsection,

including the timing of and deadlines for qualifying for

bidding; conducting auctions; collecting, depositing, and

reporting revenues; and completing licensing processes and

assigning licenses.

(B) Termination of portions of auctions 31 and 44

Except as provided in subparagraph (C), the Commission shall

not commence or conduct auctions 31 and 44 on June 19, 2002, as

specified in the public notices of March 19, 2002, and March

20, 2002 (DA 02-659 and DA 02-563).

(i) Blocks excepted

Subparagraph (B) shall not apply to the auction of -

(I) the C-block of licenses on the bands of frequencies

located at 710-716 megahertz, and 740-746 megahertz; or

(II) the D-block of licenses on the bands of frequencies

located at 716-722 megahertz.

(ii) Eligible bidders

The entities that shall be eligible to bid in the auction

of the C-block and D-block licenses described in clause (i)

shall be those entities that were qualified entities, and

that submitted applications to participate in auction 44, by

May 8, 2002, as part of the original auction 44 short form

filing deadline.

(iii) Auction deadlines for excepted blocks

Notwithstanding subparagraph (B), the auction of the

C-block and D-block licenses described in clause (i) shall be

commenced no earlier than August 19, 2002, and no later than

September 19, 2002, and the proceeds of such auction shall be

deposited in accordance with paragraph (8) not later than

December 31, 2002.

(iv) Report

Within one year after June 19, 2002, the Commission shall

submit a report to Congress -

(I) specifying when the Commission intends to reschedule

auctions 31 and 44 (other than the blocks excepted by

clause (i)); and

(II) describing the progress made by the Commission in

the digital television transition and in the assignment and

allocation of additional spectrum for advanced mobile

communications services that warrants the scheduling of

such auctions.

(D) Return of payments

Within one month after June 19, 2002, the Commission shall

return to the bidders for licenses in the A-block, B-block, and

E-block of auction 44 the full amount of all upfront payments

made by such bidders for such licenses.

(k) Broadcast station renewal procedures

(1) Standards for renewal

If the licensee of a broadcast station submits an application

to the Commission for renewal of such license, the Commission

shall grant the application if it finds, with respect to that

station, during the preceding term of its license -

(A) the station has served the public interest, convenience,

and necessity;

(B) there have been no serious violations by the licensee of

this chapter or the rules and regulations of the Commission;

and

this chapter or the rules and regulations of the Commission

which, taken together, would constitute a pattern of abuse.

(2) Consequence of failure to meet standard

If any licensee of a broadcast station fails to meet the

requirements of this subsection, the Commission may deny the

application for renewal in accordance with paragraph (3), or

grant such application on terms and conditions as are

appropriate, including renewal for a term less than the maximum

otherwise permitted.

(3) Standards for denial

If the Commission determines, after notice and opportunity for

a hearing as provided in subsection (e) of this section, that a

licensee has failed to meet the requirements specified in

paragraph (1) and that no mitigating factors justify the

imposition of lesser sanctions, the Commission shall -

(A) issue an order denying the renewal application filed by

such licensee under section 308 of this title; and

(B) only thereafter accept and consider such applications for

a construction permit as may be filed under section 308 of this

title specifying the channel or broadcasting facilities of the

former licensee.

(4) Competitor consideration prohibited

In making the determinations specified in paragraph (1) or (2),

the Commission shall not consider whether the public interest,

convenience, and necessity might be served by the grant of a

license to a person other than the renewal applicant.

(l) Applicability of competitive bidding to pending comparative

licensing cases

With respect to competing applications for initial licenses or

construction permits for commercial radio or television stations

that were filed with the Commission before July 1, 1997, the

Commission shall -

(1) have the authority to conduct a competitive bidding

proceeding pursuant to subsection (j) of this section to assign

such license or permit;

(2) treat the persons filing such applications as the only

persons eligible to be qualified bidders for purposes of such

proceeding; and

(3) waive any provisions of its regulations necessary to permit

such persons to enter an agreement to procure the removal of a

conflict between their applications during the 180-day period

beginning on August 5, 1997.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 309, 48 Stat. 1085; July

16, 1952, ch. 879, Sec. 7, 66 Stat. 715; Mar. 26, 1954, ch. 110, 68

Stat. 35; Jan. 20, 1956, ch. 1, 70 Stat. 3; Pub. L. 86-752, Sec.

4(a), Sept. 13, 1960, 74 Stat. 889; Pub. L. 88-306, May 14, 1964,

78 Stat. 193; Pub. L. 88-307, May 14, 1964, 78 Stat. 194; Pub. L.

97-35, title XII, Sec. 1242(a), Aug. 13, 1981, 95 Stat. 736; Pub.

L. 97-259, title I, Secs. 114, 115, Sept. 13, 1982, 96 Stat. 1094;

Pub. L. 98-549, Sec. 6(b)(1), Oct. 30, 1984, 98 Stat. 2804; Pub. L.

103-66, title VI, Sec. 6002(a), (b)(1), Aug. 10, 1993, 107 Stat.

387, 392; Pub. L. 103-414, title III, Secs. 303(a)(16), (17),

304(a)(9), Oct. 25, 1994, 108 Stat. 4295, 4297; Pub. L. 103-465,

title VIII, Sec. 801, Dec. 8, 1994, 108 Stat. 5050; Pub. L.

104-104, title II, Sec. 204(a), title IV, Sec. 403(j), title VII,

Secs. 707(a), 710(c), Feb. 8, 1996, 110 Stat. 112, 131, 154, 161;

Pub. L. 105-33, title III, Secs. 3002(a)(1)-(3), 3003, Aug. 5,

1997, 111 Stat. 258, 260, 265; Pub. L. 107-195, Sec. 3(a), (b)(1),

June 19, 2002, 116 Stat. 716, 717.)

-REFTEXT-

REFERENCES IN TEXT

The National Telecommunications and Information Administration

Organization Act, referred to in subsec. (j)(9)(B), is title I of

Pub. L. 102-538, Oct. 27, 1992, 106 Stat. 3533, as amended. Part B

of the Act is classified generally to subchapter II (Sec. 921 et

seq.) of chapter 8 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

901 of this title and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (j)(14)(C)(ii). Pub. L. 107-195, Sec. 3(b)(1),

struck out at end "The Commission shall complete the assignment of

such licenses, and report to the Congress the total revenues from

such competitive bidding, by September 30, 2002."

Subsec. (j)(15). Pub. L. 107-195, Sec. 3(a), added par. (15).

1997 - Subsec. (i)(1). Pub. L. 105-33, Sec. 3002(a)(2)(A), added

par. (1) and struck out heading and text of former par. (1). Text

read as follows: "If -

"(A) there is more than one application for any initial license

or construction permit which will involve a use of the

electromagnetic spectrum; and

"(B) the Commission has determined that the use is not

described in subsection (j)(2)(A) of this section;

then the Commission shall have the authority to grant such license

or permit to a qualified applicant through the use of a system of

random selection."

Subsec. (i)(5). Pub. L. 105-33, Sec. 3002(a)(2)(B), added par.

(5).

Subsec. (j)(1), (2). Pub. L. 105-33, Sec. 3002(a)(1)(A), added

pars. (1) and (2) and struck out former pars. (1) and (2) which

read as follows:

"(1) General authority. - If mutually exclusive applications are

accepted for filing for any initial license or construction permit

which will involve a use of the electromagnetic spectrum described

in paragraph (2), then the Commission shall have the authority,

subject to paragraph (10), to grant such license or permit to a

qualified applicant through the use of a system of competitive

bidding that meets the requirements of this subsection.

"(2) Uses to which bidding may apply. - A use of the

electromagnetic spectrum is described in this paragraph if the

Commission determines that -

"(A) the principal use of such spectrum will involve, or is

reasonably likely to involve, the licensee receiving compensation

from subscribers in return for which the licensee -

"(i) enables those subscribers to receive communications

signals that are transmitted utilizing frequencies on which the

licensee is licensed to operate; or

"(ii) enables those subscribers to transmit directly

communications signals utilizing frequencies on which the

licensee is licensed to operate; and

"(B) a system of competitive bidding will promote the

objectives described in paragraph (3)."

Subsec. (j)(3). Pub. L. 105-33, Sec. 3002(a)(1)(B)(i), inserted

after second sentence of introductory provisions "The Commission

shall, directly or by contract, provide for the design and conduct

(for purposes of testing) of competitive bidding using a contingent

combinatorial bidding system that permits prospective bidders to

bid on combinations or groups of licenses in a single bid and to

enter multiple alternative bids within a single bidding round."

Subsec. (j)(3)(E). Pub. L. 105-33, Sec. 3002(a)(1)(B)(ii)-(iv),

added subpar. (E).

Subsec. (j)(4)(F). Pub. L. 105-33, Sec. 3002(a)(1)(C), added

subpar. (F).

Subsec. (j)(8)(B). Pub. L. 105-33, Sec. 3002(a)(1)(D), struck out

"Any funds appropriated to the Commission for fiscal years 1994

through 1998 for the purpose of assigning licenses using random

selection under subsection (i) of this section shall be used by the

Commission to implement this subsection." after "quarterly basis."

and inserted at end "No sums may be retained under this

subparagraph during any fiscal year beginning after September 30,

1998, if the annual report of the Commission under section 154(k)

of this title for the second preceding fiscal year fails to include

in the itemized statement required by paragraph (3) of such section

a statement of each expenditure made for purposes of conducting

competitive bidding under this subsection during such second

preceding fiscal year."

Subsec. (j)(11). Pub. L. 105-33, Sec. 3002(a)(1)(E), substituted

"2007" for "1998".

Subsec. (j)(13)(F). Pub. L. 105-33, Sec. 3002(a)(1)(F),

substituted "August 5, 1997" for "September 30, 1998".

Subsec. (j)(14). Pub. L. 105-33, Sec. 3003, added par. (14).

Subsec. (l). Pub. L. 105-33, Sec. 3002(a)(3), added subsec. (l).

1996 - Subsec. (b)(2)(A) to (G). Pub. L. 104-104, Sec. 403(j),

redesignated subpars. (B) to (G) as (A) to (F), respectively, and

struck out former subpar. (A) which read as follows: "fixed

point-to-point microwave stations (exclusive of control and relay

stations used as integral parts of mobile radio systems),".

Subsec. (d). Pub. L. 104-104, Sec. 204(a)(2), inserted "(or

subsection (k) of this section in the case of renewal of any

broadcast station license)" after "with subsection (a) of this

section" wherever appearing.

Subsec. (j)(8)(B). Pub. L. 104-104, Sec. 710(c), inserted at end

"Such offsetting collections are authorized to remain available

until expended."

Subsec. (j)(8)(C). Pub. L. 104-104, Sec. 707(a), added subpar.

(C).

Subsec. (k). Pub. L. 104-104, Sec. 204(a)(1), added subsec. (k).

1994 - Subsec. (c)(2)(F). Pub. L. 103-414, Sec. 303(a)(16),

substituted "section 325(c)" for "section 325(b)".

Subsec. (i)(4)(A). Pub. L. 103-414, Sec. 304(a)(9), which

directed substitution of "The Commission shall" for "The

commission, not later than 180 days after the date of the enactment

of the Communications Technical Amendments Act of 1982, shall", was

executed by making the substitution for "The Commission, not later

than 180 days after the date of the enactment of the Communications

Amendments Act of 1982, shall", which for purposes of codification

had been translated as "The Commission, not later than 180 days

after September 13, 1982, shall", to reflect the probable intent of

Congress and the amendment by Pub. L. 103-414, Sec. 303(a)(17). See

below.

Pub. L. 103-414, Sec. 303(a)(17), substituted "date of the

enactment of the Communications Amendments Act of 1982" for "date

of the enactment of the Communications Technical Amendments Act of

1982", which for purposes of codification had been translated as

"September 13, 1982", thus resulting in no change in text.

Subsec. (j)(13). Pub. L. 103-465 added par. (13).

1993 - Subsec. (i). Pub. L. 103-66, Sec. 6002(b)(1), inserted

subsec. heading, added par. (1), struck out former par. (1), and in

par. (4), added subpar. (C). Prior to amendment, par. (1) read as

follows: "If there is more than one application for any initial

license or construction permit which will involve any use of the

electromagnetic spectrum, then the Commission, after determining

that each such application is acceptable for filing, shall have

authority to grant such license or permit to a qualified applicant

through the use of a system of random selection."

Subsec. (j). Pub. L. 103-66, Sec. 6002(a), added subsec. (j).

1984 - Subsec. (h). Pub. L. 98-549 substituted "section 706" for

"section 606" in the original to accommodate renumbering of

sections in subchapter VI (section 601 et seq.) of this chapter by

section 6(a) of Pub. L. 98-549. Because both sections translate as

"section 606 of this title", the amendment by section 6(b)(1) of

Pub. L. 98-549 resulted in no change in text.

1982 - Subsec. (f). Pub. L. 97-259, Sec. 114, substituted

"temporary" for "emergency" wherever appearing, "additional

periods" for "one additional period", and "180 days" for "ninety

days" wherever appearing.

Subsec. (i)(1). Pub. L. 97-259, Sec. 115(a), substituted

"application" for "applicant" after "more than one", and "that each

such application is acceptable for filing" for "the qualifications

of each such applicant under section 308(b) of this title".

Subsec. (i)(2). Pub. L. 97-259, Sec. 115(b), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The

determination of the Commission under paragraph (1) with respect to

the qualifications of applicants for an initial license or

construction permit shall be made after notice and opportunity for

a hearing, except that the provisions of section 409(c)(2) of this

title shall not apply in the case of any such determination."

Subsec. (i)(3)(A). Pub. L. 97-259, Sec. 115(c)(1), substituted

"used for granting licenses or construction permits for any media

of mass communications, significant preferences will be granted to

applicants or groups of applicants, the grant to which of the

license or permit would increase the diversification of ownership

of the media of mass communications. To further diversify the

ownership of the media of mass communications, an additional

significant preference shall be granted to any applicant controlled

by a member or members of a minority group" for ", groups or

organizations, or members of groups or organizations, which are

underrepresented in the ownership of telecommunications facilities

or properties will be granted significant preferences".

Subsec. (i)(3)(C). Pub. L. 97-259, Sec. 115(c)(2), added subpar.

(C).

Subsec. (i)(4)(A). Pub. L. 97-259, Sec. 115(d), substituted

"September 13, 1982," for "August 13, 1981,".

1981 - Subsec. (i). Pub. L. 97-35 added subsec. (i).

1964 - Subsec. (c)(2)(G). Pub. L. 88-307 inserted "not to exceed

sixty days".

Subsec. (e). Pub. L. 88-306 substituted "not more than thirty

days after publication of the hearing issues or any substantial

amendment thereto in the Federal Register" for "at any time not

less than ten days prior to the date of hearing".

1960 - Pub. L. 86-752 amended section generally to revise

pre-grant procedure, and, among other changes, a public notice was

substituted for a mandatory notice to applicants and interested

parties before hearings upon applications; the Commission was

required to hold applications for 30 days before acting upon them

without hearings; interested parties were permitted to file

petitions to deny applications before the Commission acted upon

them without hearings, in lieu of 30 days after applications were

granted; interested parties were required to support their

petitions with "specific" allegations of fact; the Commission was

permitted to dispense with formal hearings when there are "no

substantial or material questions of fact," subject to a

requirement that it issue a "concise statement of the reasons" for

its action.

1956 - Subsec. (c). Act Jan. 20, 1956, struck out hearings with

respect to facts which, even if true, would not be grounds for

setting aside the Commission's grant; gave the Commission

discretion to keep in effect the protested authorization but

required the Commission to affirmatively find and set forth that

the public interest requires grant to remain in effect; and

authorized Commission to redraft issues urged by protestant in

accordance with the facts alleged in the protest.

1954 - Subsec. (c). Act Mar. 26, 1954, substituted "thirty days"

for "fifteen days" in fourth sentence.

1952 - Act July 16, 1952, amended section generally to set forth

procedure to be followed in cases of denial of applications.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 3002(a)(5) of Pub. L. 105-33 provided that: "Except as

otherwise provided therein, the amendments made by this subsection

[amending this section] are effective on July 1, 1997."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 204(a) of Pub. L. 104-104 applicable to

applications filed after May 1, 1995, see section 204(c) of Pub. L.

104-104, set out as a note under section 308 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,

1984, except where otherwise expressly provided, see section 9(a)

of Pub. L. 98-549, set out as a note under section 521 of this

title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 4(d)(1)-(3) of Pub. L. 86-752 provided that:

"(1) Subsections (a) and (b) of this section [amending this

section and section 319 of this title] shall take effect ninety

days after the date of the enactment of this Act [Sept. 13, 1960].

"(2) Section 309 of the Communications Act of 1934 [this section]

(as amended by subsection (a) of this section) shall apply to any

application to which section 308 of such Act [section 308 of this

title] applies (A) which is filed on or after the effective date of

subsection (a) of this section, (B) which is filed before such

effective date, but is substantially amended on or after such

effective date, or (C) which is filed before such effective date

and is not substantially amended on or after such effective date,

but with respect to which the Commission by rule provides

reasonable opportunity to file petitions to deny in accordance with

section 309 of such Act (as amended by subsection (a) of this

section) [this section].

"(3) Section 309 of the Communications Act of 1934 [this

section], as in effect immediately before the effective date of

subsection (a) of this section, shall, on and after such effective

date, apply only to applications to which section 308 of such Act

[section 308 of this title] apply which are filed before such

effective date and not substantially amended on or after such

effective date and with respect to which the Commission does not

permit petitions to deny to be filed as provided in clause (C) of

paragraph (2) of this subsection."

FINDINGS

Pub. L. 107-195, Sec. 2, June 19, 2002, 116 Stat. 715, provided

that: "Congress finds the following:

"(1) Circumstances in the telecommunications market have

changed dramatically since the auctioning of spectrum in the 700

megahertz band was originally mandated by Congress in 1997,

raising serious questions as to whether the original deadlines,

or the subsequent revision of the deadlines, are consistent with

sound telecommunications policy and spectrum management

principles.

"(2) No comprehensive plan yet exists for allocating additional

spectrum for third-generation wireless and other advanced

communications services. The Federal Communications Commission

should have the flexibility to auction frequencies in the 700

megahertz band for such purposes.

"(3) The study being conducted by the National

Telecommunications and Information Administration in consultation

with the Department of Defense to determine whether the

Department of Defense can share or relinquish additional spectrum

for third generation wireless and other advanced communications

services will not be completed until after the June 19th auction

date for the upper 700 megahertz band, and long after the

applications must be filed to participate in the auction, thereby

creating further uncertainty as to whether the frequencies in the

700 megahertz band will be put to their highest and best use for

the benefit of consumers.

"(4) The Federal Communications Commission is also in the

process of determining how to resolve the interference problems

that exist in the 800 megahertz band, especially for public

safety. One option being considered for the 800 megahertz band

would involve the 700 megahertz band. The Commission should not

hold the 700 megahertz auction before the 800 megahertz

interference issues are resolved or a tenable plan has been

conceived.

"(5) The 700 megahertz band is currently occupied by television

broadcasters, and will be so until the transfer to digital

television is completed. This situation creates a tremendous

amount of uncertainty concerning when the spectrum will be

available and reduces the value placed on the spectrum by

potential bidders. The encumbrance of the 700 megahertz band

reduces both the amount of money that the auction would be likely

to produce and the probability that the spectrum would be

purchased by the entities that valued the spectrum the most and

would put the spectrum to its most productive use.

"(6) The Commission's rules governing voluntary mechanisms for

vacating the 700 megahertz band by broadcast stations -

"(A) produced no certainty that the band would be available

for advanced mobile communications services, public safety

operations, or other wireless services any earlier than the

existing statutory framework provides; and

"(B) should advance the transition of digital television and

must not result in the unjust enrichment of any incumbent

licensee."

COMPLIANCE WITH AUCTION AUTHORITY

Pub. L. 107-195, Sec. 4, June 19, 2002, 116 Stat. 717, provided

that: "The Federal Communications Commission shall conduct

rescheduled auctions 31 and 44 prior to the expiration of the

auction authority under section 309(j)(11) of the Communications

Act of 1934 (47 U.S.C. 309(j)(11))."

PRESERVATION OF BROADCASTER OBLIGATIONS

Pub. L. 107-195, Sec. 5, June 19, 2002, 116 Stat. 717, provided

that: "Nothing in this Act [see Short Title of 2002 Amendment note

set out under section 609 of this title] shall be construed to

relieve television broadcast station licensees of the obligation to

complete the digital television service conversion as required by

section 309(j)(14) of the Communications Act of 1934 (47 U.S.C.

309(j)(14))."

DEADLINE FOR COLLECTION

Pub. L. 105-33, title III, Sec. 3007, Aug. 5, 1997, 111 Stat.

269, which provided that the Commission was to conduct the

competitive bidding required under title III of Pub. L. 105-33,

which enacted section 337 of this title, amended this section and

sections 153, 303, and 923 to 925 of this title, enacted provisions

set out as notes under this section and sections 153, 254, and 925

of this title, and repealed provisions set out as a note under this

section, in a manner that ensured that all proceeds of such bidding

would be deposited in accordance with section 309(j)(8) of this

title not later than Sept. 30, 2002, was repealed by Pub. L.

107-195, Sec. 3(b)(2), June 19, 2002, 116 Stat. 717.

ADMINISTRATIVE PROCEDURES FOR SPECTRUM AUCTIONS

Section 3008 of title III of Pub. L. 105-33 provided that:

"Notwithstanding section 309(b) of the Communications Act of 1934

(47 U.S.C. 309(b)), no application for an instrument of

authorization for frequencies assigned under this title [enacting

section 337 of this title, amending this section and sections 153,

303, and 923 to 925 of this title, enacting provisions set out as

notes under this section and sections 153, 254, and 925 of this

title, and repealing provisions set out as a note under this

section] (or amendments made by this title) shall be granted by the

Commission earlier than 7 days following issuance of public notice

by the Commission of the acceptance for filing of such application

or of any substantial amendment thereto. Notwithstanding section

309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Commission may

specify a period (no less than 5 days following issuance of such

public notice) for the filing of petitions to deny any application

for an instrument of authorization for such frequencies."

DEADLINES FOR COMMISSION ACTION REGARDING COMPETITIVE BIDDING

Section 6002(d)(1), (2) of Pub. L. 103-66 provided that:

"(1) General rulemaking. - The Federal Communications Commission

shall prescribe regulations to implement section 309(j) of the

Communications Act of 1934 [47 U.S.C. 309(j)] (as added by this

section) within 210 days after the date of enactment of this Act

[Aug. 10, 1993].

"(2) PCS orders and licensing. - The Commission shall -

"(A) within 180 days after such date of enactment, issue a

final report and order (i) in the matter entitled 'Redevelopment

of Spectrum to Encourage Innovation in the Use of New

Telecommunications Technologies' (ET Docket No. 92-9); and (ii)

in the matter entitled 'Amendment of the Commission's Rules to

Establish New Personal Communications Services' (GEN Docket No.

90-314; ET Docket No. 92-100); and

"(B) within 270 days after such date of enactment, commence

issuing licenses and permits in the personal communications

service."

SPECIAL RULE REGARDING SUBSECTION (I) LICENSES AND PERMITS

Section 6002(e) of Pub. L. 103-66, which provided for exceptions

to ban on Federal Communications Commission issuance of licenses

and permits under section 309(i) of this title after Aug. 10, 1993,

was repealed by Pub. L. 105-33, title III, Sec. 3002(a)(4), Aug. 5,

1997, 111 Stat. 260.

AUTHORITY TO USE THE SYSTEM OF RANDOM SELECTION WITH RESPECT TO

APPLICATIONS FOR INITIAL LICENSES AND CONSTRUCTION PERMITS

Section 1242(b) of Pub. L. 97-35 provided that: "The Commission

shall have authority to use the system of random selection

established by the Commission under section 309(i) of the

Communications Act of 1934 [subsec. (i) of this section], as added

in subsection (a), with respect to any application for an initial

license or construction permit which will involve any use of the

electromagnetic spectrum and which -

"(1) is filed with the Commission after the date of the

enactment of this Act [Aug. 13, 1981]; or

"(2) is pending before the Commission on such date of enactment

but has not been designated for hearing on or before such date of

enactment."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 311, 316, 319, 325, 336,

337, 532, 533, 554, 614, 922, 925, 1103, 1106 of this title.

-End-

-CITE-

47 USC Sec. 310 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 310. License ownership restrictions

-STATUTE-

(a) Grant to or holding by foreign government or representative

The station license required under this chapter shall not be

granted to or held by any foreign government or the representative

thereof.

(b) Grant to or holding by alien or representative, foreign

corporation, etc.

No broadcast or common carrier or aeronautical en route or

aeronautical fixed radio station license shall be granted to or

held by -

(1) any alien or the representative of any alien;

(2) any corporation organized under the laws of any foreign

government;

(3) any corporation of which more than one-fifth of the capital

stock is owned of record or voted by aliens or their

representatives or by a foreign government or representative

thereof or by any corporation organized under the laws of a

foreign country;

(4) any corporation directly or indirectly controlled by any

other corporation of which more than one-fourth of the capital

stock is owned of record or voted by aliens, their

representatives, or by a foreign government or representative

thereof, or by any corporation organized under the laws of a

foreign country, if the Commission finds that the public interest

will be served by the refusal or revocation of such license.

multilateral or bilateral agreement to which United States and

foreign country are parties as prerequisite

In addition to amateur station licenses which the Commission may

issue to aliens pursuant to this chapter, the Commission may issue

authorizations, under such conditions and terms as it may

prescribe, to permit an alien licensed by his government as an

amateur radio operator to operate his amateur radio station

licensed by his government in the United States, its possessions,

and the Commonwealth of Puerto Rico provided there is in effect a

multilateral or bilateral agreement, to which the United States and

the alien's government are parties, for such operation on a

reciprocal basis by United States amateur radio operators. Other

provisions of this chapter and of subchapter II of chapter 5, and

chapter 7, of title 5 shall not be applicable to any request or

application for or modification, suspension, or cancellation of any

such authorization.

(d) Assignment and transfer of construction permit or station

license

No construction permit or station license, or any rights

thereunder, shall be transferred, assigned, or disposed of in any

manner, voluntarily or involuntarily, directly or indirectly, or by

transfer of control of any corporation holding such permit or

license, to any person except upon application to the Commission

and upon finding by the Commission that the public interest,

convenience, and necessity will be served thereby. Any such

application shall be disposed of as if the proposed transferee or

assignee were making application under section 308 of this title

for the permit or license in question; but in acting thereon the

Commission may not consider whether the public interest,

convenience, and necessity might be served by the transfer,

assignment, or disposal of the permit or license to a person other

than the proposed transferee or assignee.

(e) Administration of regional concentration rules for broadcast

stations

(1) In the case of any broadcast station, and any ownership

interest therein, which is excluded from the regional concentration

rules by reason of the savings provision for existing facilities

provided by the First Report and Order adopted March 9, 1977

(docket No. 20548; 42 Fed. Reg. 16145), the exclusion shall not

terminate solely by reason of changes made in the technical

facilities of the station to improve its service.

(2) For purposes of this subsection, the term "regional

concentration rules" means the provisions of sections 73.35,

73.240, and 73.636 of title 47, Code of Federal Regulations (as in

effect June 1, 1983), which prohibit any party from directly or

indirectly owning, operating, or controlling three broadcast

stations in one or several services where any two of such stations

are within 100 miles of the third (measured city-to-city), and

where there is a primary service contour overlap of any of the

stations.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 310, 48 Stat. 1086; July

16, 1952, ch. 879, Sec. 8, 66 Stat. 716; Pub. L. 85-817, Sec. 2,

Aug. 28, 1958, 72 Stat. 981; Pub. L. 88-313, Sec. 2, May 28, 1964,

78 Stat. 202; Pub. L. 92-81, Sec. 2, Aug. 10, 1971, 85 Stat. 302;

Pub. L. 93-505, Sec. 2, Nov. 30, 1974, 88 Stat. 1576; Pub. L.

98-214, Sec. 7, Dec. 8, 1983, 97 Stat. 1469; Pub. L. 101-396, Sec.

8(b), Sept. 28, 1990, 104 Stat. 850; Pub. L. 104-104, title IV,

Sec. 403(k), Feb. 8, 1996, 110 Stat. 131.)

-COD-

CODIFICATION

In subsec. (c), "subchapter II of chapter 5, and chapter 7, of

title 5" substituted for "the Administrative Procedure Act" 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

1996 - Subsec. (b)(3). Pub. L. 104-104, Sec. 403(k)(1), struck

out "of which any officer or director is an alien or" before "of

which more".

Subsec. (b)(4). Pub. L. 104-104, Sec. 403(k)(2), struck out "of

which any officer or more than one-fourth of the directors are

aliens, or" after "any other corporation".

1990 - Subsec. (c). Pub. L. 101-396 substituted "multilateral or

bilateral agreement, to which the United States and the alien's

government are parties," for "bilateral agreement between the

United States and the alien's government".

1983 - Subsec. (e). Pub. L. 98-214 added subsec. (e).

1974 - Subsec. (a). Pub. L. 93-505 added subsec. (a). Former

subsec. (a), which related to granting to or holding of required

station licenses by aliens, was struck out.

Subsecs. (b) to (d). Pub. L. 93-505 added subsecs. (b) and (c)

and redesignated former subsec. (b) as (d).

1971 - Subsec. (a). Pub. L. 92-81 inserted provisions empowering

the Commission to issue licenses to certain aliens admitted to the

United States for permanent residence, provided that the Commission

notify the appropriate agencies of the Government of applications

received for license, and that such agencies furnish to the

Commission information bearing on the request's compatibility with

national security.

1964 - Subsec. (a). Pub. L. 88-313 empowered the Commission to

issue authorizations to permit an alien licensed by his government

as an amateur radio operator to operate his station, licensed by

his government, in the United States, its possessions, and Puerto

Rico, provided there is a bilateral agreement between the United

States and the alien's government giving similar rights to United

States amateur radio operators, and provided that the Commission

notify appropriate agencies of our Government of any applications

for authorization, and that such agencies furnish to the Commission

information bearing on the request's compatibility with our

national security.

1958 - Subsec. (a). Pub. L. 85-817 inserted paragraph authorizing

the grant of licenses for radio stations on aircraft to aliens or

representatives of aliens holding pilot certificates.

1952 - Subsec. (b). Act July 16, 1952, provided that construction

permits and station licenses cannot be transferred, assigned, or

disposed of except upon a finding by the Commission that public

interest, convenience, or necessity will be served thereby, and

that such transfer application will be treated the same as if made

under section 308 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 309, 332, 1106 of this

title; title 40 section 17703.

-End-

-CITE-

47 USC Sec. 311 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 311. Requirements as to certain applications in broadcasting

service

-STATUTE-

(a) Notices of filing and hearing; form and contents

When there is filed with the Commission any application to which

section 309(b)(1) of this title applies, for an instrument of

authorization for a station in the broadcasting service, the

applicant -

(1) shall give notice of such filing in the principal area

which is served or is to be served by the station; and

(2) if the application is formally designated for hearing in

accordance with section 309 of this title, shall give notice of

such hearing in such area at least ten days before commencement

of such hearing.

The Commission shall by rule prescribe the form and content of the

notices to be given in compliance with this subsection, and the

manner and frequency with which such notices shall be given.

(b) Place of hearing

Hearings referred to in subsection (a) of this section may be

held at such places as the Commission shall determine to be

appropriate, and in making such determination in any case the

Commission shall consider whether the public interest, convenience,

or necessity will be served by conducting the hearing at a place

in, or in the vicinity of, the principal area to be served by the

station involved.

Commission; pendency of application

(1) If there are pending before the Commission two or more

applications for a permit for construction of a broadcasting

station, only one of which can be granted, it shall be unlawful,

without approval of the Commission, for the applicants or any of

them to effectuate an agreement whereby one or more of such

applicants withdraws his or their application or applications.

(2) The request for Commission approval in any such case shall be

made in writing jointly by all the parties to the agreement. Such

request shall contain or be accompanied by full information with

respect to the agreement, set forth in such detail, form, and

manner as the Commission shall by rule require.

(3) The Commission shall approve the agreement only if it

determines that (A) the agreement is consistent with the public

interest, convenience, or necessity; and (B) no party to the

agreement filed its application for the purpose of reaching or

carrying out such agreement.

(4) For the purposes of this subsection an application shall be

deemed to be "pending" before the Commission from the time such

application is filed with the Commission until an order of the

Commission granting or denying it is no longer subject to rehearing

by the Commission or to review by any court.

(d) License for operation of station; agreement to withdraw

application; approval of Commission

(1) If there are pending before the Commission an application for

the renewal of a license granted for the operation of a

broadcasting station and one or more applications for a

construction permit relating to such station, only one of which can

be granted, it shall be unlawful, without approval of the

Commission, for the applicants or any of them to effectuate an

agreement whereby one or more of such applicants withdraws his or

their application or applications in exchange for the payment of

money, or the transfer of assets or any other thing of value by the

remaining applicant or applicants.

(2) The request for Commission approval in any such case shall be

made in writing jointly by all the parties to the agreement. Such

request shall contain or be accompanied by full information with

respect to the agreement, set forth in such detail, form, and

manner as the Commission shall require.

(3) The Commission shall approve the agreement only if it

determines that (A) the agreement is consistent with the public

interest, convenience, or necessity; and (B) no party to the

agreement filed its application for the purpose of reaching or

carrying out such agreement.

(4) For purposes of this subsection, an application shall be

deemed to be pending before the Commission from the time such

application is filed with the Commission until an order of the

Commission granting or denying it is no longer subject to rehearing

by the Commission or to review by any court.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 311, 48 Stat. 1086; July

16, 1952, ch. 879, Sec. 9, 66 Stat. 716; Pub. L. 86-752, Sec. 5(a),

Sept. 13, 1960, 74 Stat. 892; Pub. L. 97-35, title XII, Sec. 1243,

Aug. 13, 1981, 95 Stat. 737; Pub. L. 97-259, title I, Sec. 116,

Sept. 13, 1982, 96 Stat. 1095.)

-MISC1-

AMENDMENTS

1982 - Subsec. (c)(3). Pub. L. 97-259, Sec. 116(a), inserted

provision that the Commission may not approve the agreement if it

determines that a party to the agreement filed its application for

the purpose of reaching or carrying out the agreement, and struck

out provision that if the agreement did not contemplate a merger,

but contemplated the making of any direct or indirect payment to

any party thereto in consideration of his withdrawal of his

application, the Commission could determine the agreement to be

consistent with the public interest, convenience, or necessity only

if the amount or value of such payment, as determined by the

Commission, was not in excess of the aggregate amount determined by

the Commission to have been legitimately and prudently expended and

to be expended by such applicant in connection with preparing,

filing, and advocating the granting of his application.

Subsec. (d)(1). Pub. L. 97-259, Sec. 116(b), substituted "an

application for the renewal of a license granted for the operation

of a broadcasting station and one or more applications for a

construction permit relating to such station" for "two or more

applications for a license granted for the operation of a

broadcasting station".

Subsec. (d)(3)(B). Pub. L. 97-259, Sec. 116(c), struck out

"license" after "filed its".

1981 - Subsec. (d). Pub. L. 97-35 added subsec. (d).

1960 - Pub. L. 86-752 amended section generally, substituting

provisions on requirements for certain applications for

broadcasting service, for provisions directing the Commission to

refuse a license or permit to any person whose license had been

revoked by a court under section 313 of this title.

1952 - Act July 16, 1952, omitted provisions relating to

monopoly.

-End-

-CITE-

47 USC Sec. 312 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 312. Administrative sanctions

-STATUTE-

(a) Revocation of station license or construction permit

The Commission may revoke any station license or construction

permit -

(1) for false statements knowingly made either in the

application or in any statement of fact which may be required

pursuant to section 308 of this title;

(2) because of conditions coming to the attention of the

Commission which would warrant it in refusing to grant a license

or permit on an original application;

(3) for willful or repeated failure to operate substantially as

set forth in the license;

(4) for willful or repeated violation of, or willful or

repeated failure to observe any provision of this chapter or any

rule or regulation of the Commission authorized by this chapter

or by a treaty ratified by the United States;

(5) for violation of or failure to observe any final cease and

desist order issued by the Commission under this section;

(6) for violation of section 1304, 1343, or 1464 of title 18;

(7) for willful or repeated failure to allow reasonable access

to or to permit purchase of reasonable amounts of time for the

use of a broadcasting station, other than a non-commercial

educational broadcast station, by a legally qualified candidate

for Federal elective office on behalf of his candidacy.

(b) Cease and desist orders

Where any person (1) has failed to operate substantially as set

forth in a license, (2) has violated or failed to observe any of

the provisions of this chapter, or section 1304, 1343, or 1464 of

title 18, or (3) has violated or failed to observe any rule or

regulation of the Commission authorized by this chapter or by a

treaty ratified by the United States, the Commission may order such

person to cease and desist from such action.

Before revoking a license or permit pursuant to subsection (a) of

this section, or issuing a cease and desist order pursuant to

subsection (b) of this section, the Commission shall serve upon the

licensee, permittee, or person involved an order to show cause why

an order of revocation or a cease and desist order should not be

issued. Any such order to show cause shall contain a statement of

the matters with respect to which the Commission is inquiring and

shall call upon said licensee, permittee, or person to appear

before the Commission at a time and place stated in the order, but

in no event less than thirty days after the receipt of such order,

and give evidence upon the matter specified therein; except that

where safety of life or property is involved, the Commission may

provide in the order for a shorter period. If after hearing, or a

waiver thereof, the Commission determines that an order of

revocation or a cease and desist order should issue, it shall issue

such order, which shall include a statement of the findings of the

Commission and the grounds and reasons therefor and specify the

effective date of the order, and shall cause the same to be served

on said licensee, permittee, or person.

(d) Burden of proof

In any case where a hearing is conducted pursuant to the

provisions of this section, both the burden of proceeding with the

introduction of evidence and the burden of proof shall be upon the

Commission.

(e) Procedure for issuance of cease and desist order

The provisions of section 558(c) of title 5 which apply with

respect to the institution of any proceeding for the revocation of

a license or permit shall apply also with respect to the

institution, under this section, of any proceeding for the issuance

of a cease and desist order.

(f) "Willful" and "repeated" defined

For purposes of this section:

(1) The term "willful", when used with reference to the

commission or omission of any act, means the conscious and

deliberate commission or omission of such act, irrespective of

any intent to violate any provision of this chapter or any rule

or regulation of the Commission authorized by this chapter or by

a treaty ratified by the United States.

(2) The term "repeated", when used with reference to the

commission or omission of any act, means the commission or

omission of such act more than once or, if such commission or

omission is continuous, for more than one day.

(g) Limitation on silent station authorizations

If a broadcasting station fails to transmit broadcast signals for

any consecutive 12-month period, then the station license granted

for the operation of that broadcast station expires at the end of

that period, notwithstanding any provision, term, or condition of

the license to the contrary.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 312, 48 Stat. 1086; July

16, 1952, ch. 879, Sec. 10, 66 Stat. 716; Pub. L. 86-752, Sec. 6,

Sept. 13, 1960, 74 Stat. 893; Pub. L. 92-225, title I, Sec.

103(a)(2)(A), Feb. 7, 1972, 86 Stat. 4; Pub. L. 97-259, title I,

Sec. 117, Sept. 13, 1982, 96 Stat. 1095; Pub. L. 104-104, title IV,

Sec. 403(l), Feb. 8, 1996, 110 Stat. 132; Pub. L. 106-554, Sec.

1(a)(4) [div. B, title I, Sec. 148(a)], Dec. 21, 2000, 114 Stat.

2763, 2763A-251.)

-COD-

CODIFICATION

In subsec. (e), "section 558(c) of title 5" substituted for

"section 1008(b) of title 5" 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

2000 - Subsec. (a)(7). Pub. L. 106-554 inserted ", other than a

non-commercial educational broadcast station," after "use of a

broadcasting station".

1996 - Subsec. (g). Pub. L. 104-104 added subsec. (g).

1982 - Subsec. (f). Pub. L. 97-259 added subsec. (f).

1972 - Subsec. (a)(7). Pub. L. 92-225 added par. (7).

1960 - Subsecs. (a), (b). Pub. L. 86-752 inserted provisions

referring to sections 1304, 1343 and 1464 of title 18.

1952 - Act July 16, 1952, amended section generally to provide

for revocation of licenses and permits only for acts willfully and

knowingly committed or for disregarding cease and desist orders,

and to authorize the Commission to issue cease and desist orders.

REPEALS

Repeal of title I of Pub. L. 92-225, cited as a credit to this

section, by Pub. L. 93-443, title II, Sec. 205(b), Oct. 15, 1974,

88 Stat. 1278, has been construed as not repealing the amendment to

this section made by section 103(a)(2)(A) of such title I.

DECLINATION OF POLITICAL ADVERTISING BY EDUCATIONAL BROADCAST

STATIONS

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 148(b)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-251, provided that: "The

Federal Communications Commission shall take no action against any

non-commercial educational broadcast station which declines to

carry a political advertisement."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 224, 325, 335, 402 of

this title.

-End-

-CITE-

47 USC Sec. 312a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 312a. Revocation of operator's license used in unlawful

distribution of controlled substances

-STATUTE-

The Federal Communications Commission may revoke any private

operator's license issued to any person under the Communications

Act of 1934 (47 U.S.C. 151 et seq.) who is found to have willfully

used said license for the purpose of distributing, or assisting in

the distribution of, any controlled substance in violation of any

provision of Federal law. In addition, the Federal Communications

Commission may, upon the request of an appropriate Federal law

enforcement agency, assist in the enforcement of Federal law

prohibiting the use or distribution of any controlled substance

where communications equipment within the jurisdiction of the

Federal Communications Commission under the Communications Act of

1934 is willfully being used for purposes of distributing, or

assisting in the distribution of, any such substance.

-SOURCE-

(Pub. L. 99-570, title III, Sec. 3451, Oct. 27, 1986, 100 Stat.

3207-103.)

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in text, is act June

19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified

principally to this chapter (Sec. 151 et seq.). For complete

classification of this Act to the Code, see section 609 of this

title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Anti-Drug Abuse Act of 1986,

and also as part of the National Drug Interdiction Improvement Act

of 1986, and not as part of the Communications Act of 1934 which

comprises this chapter.

-End-

-CITE-

47 USC Sec. 313 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 313. Application of antitrust laws to manufacture, sale, and

trade in radio apparatus

-STATUTE-

(a) Revocation of licenses

All laws of the United States relating to unlawful restraints and

monopolies and to combinations, contracts, or agreements in

restraint of trade are declared to be applicable to the manufacture

and sale of and to trade in radio apparatus and devices entering

into or affecting interstate or foreign commerce and to interstate

or foreign radio communications. Whenever in any suit, action, or

proceeding, civil or criminal, brought under the provisions of any

of said laws or in any proceedings brought to enforce or to review

findings and orders of the Federal Trade Commission or other

governmental agency in respect of any matters as to which said

Commission or other governmental agency is by law authorized to

act, any licensee shall be found guilty of the violation of the

provisions of such laws or any of them, the court, in addition to

the penalties imposed by said laws, may adjudge, order, and/or

decree that the license of such licensee shall, as of the date the

decree or judgment becomes finally effective or as of such other

date as the said decree shall fix, be revoked and that all rights

under such license shall thereupon cease: Provided, however, That

such licensee shall have the same right of appeal or review as is

provided by law in respect of other decrees and judgments of said

court.

(b) Refusal of licenses and permits

The Commission is hereby directed to refuse a station license

and/or the permit hereinafter required for the construction of a

station to any person (or to any person directly or indirectly

controlled by such person) whose license has been revoked by a

court under this section.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 313, 48 Stat. 1087; Pub.

L. 86-752, Sec. 5(b), Sept. 13, 1960, 74 Stat. 893.)

-REFTEXT-

REFERENCES IN TEXT

All laws of the United States relating to unlawful restraints and

monopolies and to combinations, contracts, or agreements in

restraint of trade, referred to in subsec. (a), mean the antitrust

laws which are classified generally to chapter 1 (Sec. 1 et seq.)

of Title 15, Commerce and Trade.

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-752 designated existing provisions as subsec.

(a) and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

All executive and administrative functions of the Federal Trade

Commission were, with certain exceptions, transferred to the

Chairman of such Commission by Reorg. Plan No. 8 of 1950, Sec. 1,

eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the

Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-

47 USC Sec. 314 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 314. Competition in commerce; preservation

-STATUTE-

After the effective date of this chapter no person engaged

directly, or indirectly through any person directly or indirectly

controlling or controlled by, or under direct or indirect common

control with, such person, or through an agent, or otherwise, in

the business of transmitting and/or receiving for hire energy,

communications, or signals by radio in accordance with the terms of

the license issued under this chapter, shall by purchase, lease,

construction, or otherwise, directly or indirectly, acquire, own,

control, or operate any cable or wire telegraph or telephone line

or system between any place in any State, Territory, or possession

of the United States or in the District of Columbia, and any place

in any foreign country, or shall acquire, own, or control any part

of the stock or other capital share or any interest in the physical

property and/or other assets of any such cable, wire, telegraph, or

telephone line or system, if in either case the purpose is and/or

the effect thereof may be to substantially lessen competition or to

restrain commerce between any place in any State, Territory, or

possession of the United States, or in the District of Columbia,

and any place in any foreign country, or unlawfully to create

monopoly in any line of commerce; nor shall any person engaged

directly, or indirectly through any person directly or indirectly

controlling or controlled by, or under direct or indirect common

control with, such person, or through an agent, or otherwise, in

the business of transmitting and/or receiving for hire messages by

any cable, wire, telegraph, or telephone line or system (a) between

any place in any State, Territory, or possession of the United

States, or in the District of Columbia, and any place in any other

State, Territory, or possession of the United States; or (b)

between any place in any State, Territory, or possession of the

United States, or the District of Columbia, and any place in any

foreign country, by purchase, lease, construction, or otherwise,

directly or indirectly acquire, own, control, or operate any

station or the apparatus therein, or any system for transmitting

and/or receiving radio communications or signals between any place

in any State, Territory, or possession of the United States, or in

the District of Columbia, and any place in any foreign country, or

shall acquire, own, or control any part of the stock or other

capital share or any interest in the physical property and/or other

assets of any such radio station, apparatus, or system, if in

either case the purpose is and/or the effect thereof may be to

substantially lessen competition or to restrain commerce between

any place in any State, Territory, or possession of the United

States, or in the District of Columbia, and any place in any

foreign country, or unlawfully to create monopoly in any line of

commerce.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 314, 48 Stat. 1087.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this chapter, see section 607 of this

title.

-End-

-CITE-

47 USC Sec. 315 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 315. Candidates for public office

-STATUTE-

(a) Equal opportunities requirement; censorship prohibition;

allowance of station use; news appearances exception; public

interest; public issues discussion opportunities

If any licensee shall permit any person who is a legally

qualified candidate for any public office to use a broadcasting

station, he shall afford equal opportunities to all other such

candidates for that office in the use of such broadcasting station:

Provided, That such licensee shall have no power of censorship over

the material broadcast under the provisions of this section. No

obligation is imposed under this subsection upon any licensee to

allow the use of its station by any such candidate. Appearance by a

legally qualified candidate on any -

(1) bona fide newscast,

(2) bona fide news interview,

(3) bona fide news documentary (if the appearance of the

candidate is incidental to the presentation of the subject or

subjects covered by the news documentary), or

(4) on-the-spot coverage of bona fide news events (including

but not limited to political conventions and activities

incidental thereto),

shall not be deemed to be use of a broadcasting station within the

meaning of this subsection. Nothing in the foregoing sentence shall

be construed as relieving broadcasters, in connection with the

presentation of newscasts, news interviews, news documentaries, and

on-the-spot coverage of news events, from the obligation imposed

upon them under this chapter to operate in the public interest and

to afford reasonable opportunity for the discussion of conflicting

views on issues of public importance.

(b) Charges

(1) In general

The charges made for the use of any broadcasting station by any

person who is a legally qualified candidate for any public office

in connection with his campaign for nomination for election, or

election, to such office shall not exceed -

(A) subject to paragraph (2), during the forty-five days

preceding the date of a primary or primary runoff election and

during the sixty days preceding the date of a general or

special election in which such person is a candidate, the

lowest unit charge of the station for the same class and amount

of time for the same period; and

(B) at any other time, the charges made for comparable use of

such station by other users thereof.

(2) Content of broadcasts

(A) In general

In the case of a candidate for Federal office, such candidate

shall not be entitled to receive the rate under paragraph

(1)(A) for the use of any broadcasting station unless the

candidate provides written certification to the broadcast

station that the candidate (and any authorized committee of the

candidate) shall not make any direct reference to another

candidate for the same office, in any broadcast using the

rights and conditions of access under this chapter, unless such

reference meets the requirements of subparagraph (C) or (D).

(B) Limitation on charges

If a candidate for Federal office (or any authorized

committee of such candidate) makes a reference described in

subparagraph (A) in any broadcast that does not meet the

requirements of subparagraph (C) or (D), such candidate shall

not be entitled to receive the rate under paragraph (1)(A) for

such broadcast or any other broadcast during any portion of the

45-day and 60-day periods described in paragraph (1)(A), that

occur on or after the date of such broadcast, for election to

such office.

A candidate meets the requirements of this subparagraph if,

in the case of a television broadcast, at the end of such

broadcast there appears simultaneously, for a period no less

than 4 seconds -

(i) a clearly identifiable photographic or similar image of

the candidate; and

(ii) a clearly readable printed statement, identifying the

candidate and stating that the candidate has approved the

broadcast and that the candidate's authorized committee paid

for the broadcast.

(D) Radio broadcasts

A candidate meets the requirements of this subparagraph if,

in the case of a radio broadcast, the broadcast includes a

personal audio statement by the candidate that identifies the

candidate, the office the candidate is seeking, and indicates

that the candidate has approved the broadcast.

(E) Certification

Certifications under this section shall be provided and

certified as accurate by the candidate (or any authorized

committee of the candidate) at the time of purchase.

(F) Definitions

For purposes of this paragraph, the terms "authorized

committee" and "Federal office" have the meanings given such

terms by section 431 of title 2.

For purposes of this section -

(1) the term "broadcasting station" includes a community

antenna television system; and

(2) the terms "licensee" and "station licensee" when used with

respect to a community antenna television system mean the

operator of such system.

(d) Rules and regulations

The Commission shall prescribe appropriate rules and regulations

to carry out the provisions of this section.

(e) Political record

(1) In general

A licensee shall maintain, and make available for public

inspection, a complete record of a request to purchase broadcast

time that -

(A) is made by or on behalf of a legally qualified candidate

for public office; or

(B) communicates a message relating to any political matter

of national importance, including -

(i) a legally qualified candidate;

(ii) any election to Federal office; or

(iii) a national legislative issue of public importance.

(2) Contents of record

A record maintained under paragraph (1) shall contain

information regarding -

(A) whether the request to purchase broadcast time is

accepted or rejected by the licensee;

(B) the rate charged for the broadcast time;

(D) the class of time that is purchased;

(E) the name of the candidate to which the communication

refers and the office to which the candidate is seeking

election, the election to which the communication refers, or

the issue to which the communication refers (as applicable);

(F) in the case of a request made by, or on behalf of, a

candidate, the name of the candidate, the authorized committee

of the candidate, and the treasurer of such committee; and

(G) in the case of any other request, the name of the person

purchasing the time, the name, address, and phone number of a

contact person for such person, and a list of the chief

executive officers or members of the executive committee or of

the board of directors of such person.

(3) Time to maintain file

The information required under this subsection shall be placed

in a political file as soon as possible and shall be retained by

the licensee for a period of not less than 2 years.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 315, 48 Stat. 1088; July

16, 1952, ch. 879, Sec. 11, 66 Stat. 717; Pub. L. 86-274, Sec. 1,

Sept. 14, 1959, 73 Stat. 557; Pub. L. 92-225, title I, Secs.

103(a)(1), (2)(B), 104(c), Feb. 7, 1972, 86 Stat. 4, 7; Pub. L.

93-443, title IV, Sec. 402, Oct. 15, 1974, 88 Stat. 1291; Pub. L.

107-155, title III, Sec. 305(a), (b), title V, Sec. 504, Mar. 27,

2002, 116 Stat. 100, 101, 115.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-155, Sec. 305(a), (b), inserted

subsec. heading, designated existing provisions as par. (1),

inserted par. heading, redesignated former pars. (1) and (2) as

subpars. (A) and (B), respectively, of par. (1), inserted "subject

to paragraph (2)," before "during the forty-five days" in par.

(1)(A), and added par. (2).

Subsec. (e). Pub. L. 107-155, Sec. 504, which directed addition

of subsec. (e) and redesignation of former subsecs. (e) and (f) as

(f) and (g), respectively, was executed by adding subsec. (e) to

reflect the probable intent of Congress. Section did not contain

subsecs. (e) and (f).

1974 - Subsec. (c). Pub. L. 93-443, Sec. 402, struck out

provisions respecting station use charges upon certification of

nonviolation of Federal limitations of expenditures for use of

communications media; redesignated former subsec. (f) as (c);

incorporated former par. (1)(A) and (B) provisions in clauses

designated (1) and (2) and struck out subpar. (C) definition of

"Federal elective office" and par. (2) definition of "legally

qualified candidate".

Subsec. (d). Pub. L. 93-443, Sec. 402(a), struck out provisions

respecting station use charges upon certification of nonviolation

of State limitations of expenditures for use of communications

media and conditions for application of State limitations and

redesignated former subsec. (g) as (d).

Subsecs. (e) to (g). Pub. L. 93-443, Sec. 402(a), struck out

subsec. (e) provisions respecting penalties for violations and

inapplicability of sections 501 through 503 of this title and

redesignated former subsecs. (f) and (g) as (c) and (d).

1972 - Subsec. (a). Pub. L. 92-225, Sec. 103(a)(2)(B), inserted

"under this subsection" after "No obligation is imposed".

Subsec. (b). Pub. L. 92-225, Sec. 103(a)(1), substituted in

introductory text "by any person who is a legally qualified

candidate for any public office in connection with his campaign for

nomination for election, or election, to such office", for "for any

of the purposes set forth in this section", added par. (1),

designated existing provisions as par. (2), inserted therein the

opening words "at any other time," and substituted "by other users

thereof" for "for other purposes".

Subsecs. (c) to (g). Pub. L. 92-225, Sec. 104(c), added subsecs.

1959 - Subsec. (a). Pub. L. 86-274 provided that appearances by

legally qualified candidates on bona fide newscasts, interviews and

documentaries and on on-the-spot coverage of bona fide news events

shall not be deemed to be use of a broadcasting station within the

meaning of this subsection.

1952 - Act July 16, 1952, designated existing provisions as

subsecs. (a) and (c) and added subsec. (b).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-155, title III, Sec. 305(c), Mar. 27, 2002, 116 Stat.

102, provided that: "The amendments made by this section [amending

this section] shall apply to broadcasts made after the effective

date of this Act [Nov. 6, 2002]."

Amendment by Pub. L. 107-155 effective Nov. 6, 2002

(notwithstanding section 305(c) of Pub. L. 107-155, set out above),

but not applicable with respect to runoff elections, recounts, or

election contests resulting from elections held prior to Nov. 6,

2002, see section 402 of Pub. L. 107-155, set out as an Effective

Date of 2002 Amendment; Regulations note under section 431 of Title

2, The Congress.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section

410(a) of Pub. L. 93-443, set out as a note under section 431 of

Title 2, The Congress.

REPEALS

Repeal of title I of Pub. L. 92-225, cited as a credit to this

section, by Pub. L. 93-443, title II, Sec. 205(b), Oct. 15, 1974,

88 Stat. 1278, has been construed as not repealing the amendments

to this section made by sections 103(a)(1), (2)(B), and 104(c) of

such title I.

REEXAMINATION OF 1959 AMENDMENT; DECLARATION OF CONGRESSIONAL

INTENT

Section 2 of Pub. L. 86-274 provided that:

"(a) The Congress declares its intention to reexamine from time

to time the amendment to section 315(a) of the Communications Act

of 1934 [subsec. (a) of this section] made by the first section of

this Act, to ascertain whether such amendment has proved to be

effective and practicable.

"(b) To assist the Congress in making its reexaminations of such

amendment, the Federal Communications Commission shall include in

each annual report it makes to Congress a statement setting forth

(1) the information and data used by it in determining questions

arising from or connected with such amendment, and (2) such

recommendations as it deems necessary in the public interest."

SUSPENSION OF EQUAL TIME PROVISIONS FOR 1960 CAMPAIGN

Pub. L. 86-677, Aug. 24, 1960, 74 Stat. 554, suspended that part

of subsec. (a) of this section, which requires any licensee of a

broadcast station who permits any person who is a legally qualified

candidate for any public office to use a broadcasting station to

afford equal opportunities to all other such candidates for that

office in the use of such broadcasting station, for the period of

the 1960 presidential and vice presidential campaigns with respect

to nominees for the offices of President and Vice President of the

United States. The Federal Communications Commission was directed

to make a report to the Congress, not later than March 1, 1961,

with respect to the effect of the provisions of Pub. L. 86-677 and

any recommendations the Commission might have for amendments to

this chapter as a result of experience under the provisions of Pub.

L. 86-677.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 335 of this title.

-End-

-CITE-

47 USC Sec. 316 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 316. Modification by Commission of station licenses or

construction permits; burden of proof

-STATUTE-

(a)(1) Any station license or construction permit may be modified

by the Commission either for a limited time or for the duration of

the term thereof, if in the judgment of the Commission such action

will promote the public interest, convenience, and necessity, or

the provisions of this chapter or of any treaty ratified by the

United States will be more fully complied with. No such order of

modification shall become final until the holder of the license or

permit shall have been notified in writing of the proposed action

and the grounds and reasons therefor, and shall be given reasonable

opportunity, of at least thirty days, to protest such proposed

order of modification; except that, where safety of life or

property is involved, the Commission may by order provide, for a

shorter period of notice.

(2) Any other licensee or permittee who believes its license or

permit would be modified by the proposed action may also protest

the proposed action before its effective date.

(3) A protest filed pursuant to this subsection shall be subject

to the requirements of section 309 of this title for petitions to

deny.

(b) In any case where a hearing is conducted pursuant to the

provisions of this section, both the burden of proceeding with the

introduction of evidence and the burden of proof shall be upon the

Commission; except that, with respect to any issue that addresses

the question of whether the proposed action would modify the

license or permit of a person described in subsection (a)(2) of

this section, such burdens shall be as determined by the

Commission.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 316, as added July 16,

1952, ch. 879, Sec. 12, 66 Stat. 717; amended Pub. L. 98-214, Sec.

4(a), Dec. 8, 1983, 97 Stat. 1467.)

-MISC1-

PRIOR PROVISIONS

A prior section 316 of act June 19, 1934, related to lotteries

and similar devices, prior to repeal by act June 25, 1948, ch. 645,

Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 1304 of

Title 18, Crimes and Criminal Procedure.

AMENDMENTS

1983 - Subsec. (a). Pub. L. 98-214, Sec. 4(a)(1), (2), designated

existing provisions as par. (1), substituted "and shall be given

reasonable opportunity, of at least thirty days, to protest such

proposed order of modification; except that, where safety of life

or property is involved, the Commission may by order provide, for a

shorter period of notice" for "and shall have been given reasonable

opportunity, in no event less than thirty days, to show cause by

public hearing, if requested, why such order of modification should

not issue: Provided, That where safety of life or property is

involved, the Commission may by order provide for a shorter period

of notice", and added pars. (2) and (3).

Subsec. (b). Pub. L. 98-214, Sec. 4(a)(3), inserted "; except

that, with respect to any issue that addresses the question of

whether the proposed action would modify the license or permit of a

person described in subsection (a)(2) of this section, such burdens

shall be as determined by the Commission".

-End-

-CITE-

47 USC Sec. 317 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 317. Announcement of payment for broadcast

-STATUTE-

(a) Disclosure of person furnishing

(1) All matter broadcast by any radio station for which any

money, service or other valuable consideration is directly or

indirectly paid, or promised to or charged or accepted by, the

station so broadcasting, from any person, shall, at the time the

same is so broadcast, be announced as paid for or furnished, as the

case may be, by such person: Provided, That "service or other

valuable consideration" shall not include any service or property

furnished without charge or at a nominal charge for use on, or in

connection with, a broadcast unless it is so furnished in

consideration for an identification in a broadcast of any person,

product, service, trademark, or brand name beyond an identification

which is reasonably related to the use of such service or property

on the broadcast.

(2) Nothing in this section shall preclude the Commission from

requiring that an appropriate announcement shall be made at the

time of the broadcast in the case of any political program or any

program involving the discussion of any controversial issue for

which any films, records, transcriptions, talent, scripts, or other

material or service of any kind have been furnished, without charge

or at a nominal charge, directly or indirectly, as an inducement to

the broadcast of such program.

(b) Disclosure to station of payments

In any case where a report has been made to a radio station, as

required by section 508 of this title, of circumstances which would

have required an announcement under this section had the

consideration been received by such radio station, an appropriate

announcement shall be made by such radio station.

The licensee of each radio station shall exercise reasonable

diligence to obtain from its employees, and from other persons with

whom it deals directly in connection with any program or program

matter for broadcast, information to enable such licensee to make

the announcement required by this section.

(d) Waiver of announcement

The Commission may waive the requirement of an announcement as

provided in this section in any case or class of cases with respect

to which it determines that the public interest, convenience, or

necessity does not require the broadcasting of such announcement.

(e) Rules and regulations

The Commission shall prescribe appropriate rules and regulations

to carry out the provisions of this section.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 317, 48 Stat. 1089; Pub.

L. 86-752, Sec. 8(a), Sept. 13, 1960, 74 Stat. 895; Pub. L. 96-507,

Sec. 2(a), Dec. 8, 1980, 94 Stat. 2747.)

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-507 conformed the reference to

section 508 of this title to reflect the renumbering of that

section by Pub. L. 96-507.

1960 - Pub. L. 86-752 designated existing provisions as subsec.

(a), inserting proviso clause, and added subsecs. (b) to (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 503 of this title.

-End-

-CITE-

47 USC Sec. 318 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 318. Transmitting apparatus; operator's license

-STATUTE-

The actual operation of all transmitting apparatus in any radio

station for which a station license is required by this chapter

shall be carried on only by a person holding an operator's license

issued hereunder, and no person shall operate any such apparatus in

such station except under and in accordance with an operator's

license issued to him by the Commission: Provided, however, That

the Commission if it shall find that the public interest,

convenience, or necessity will be served thereby may waive or

modify the foregoing provisions of this section for the operation

of any station except (1) stations for which licensed operators are

required by international agreement, (2) stations for which

licensed operators are required for safety purposes, and (3)

stations operated as common carriers on frequencies below thirty

thousand kilocycles: Provided further, That the Commission shall

have power to make special regulations governing the granting of

licenses for the use of automatic radio devices and for the

operation of such devices.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 318, 48 Stat. 1089; Mar.

29, 1937, ch. 58, 50 Stat. 56; Pub. L. 86-609, Sec. 1, July 7,

1960, 74 Stat. 363; Pub. L. 94-335, July 1, 1976, 90 Stat. 794;

Pub. L. 102-538, title II, Sec. 205, Oct. 27, 1992, 106 Stat. 3543;

Pub. L. 103-414, title III, Sec. 303(d), Oct. 25, 1994, 108 Stat.

4296.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-414 made technical amendments to directory

language of Pub. L. 102-538, Sec. 205(1). See 1992 Amendment note

below.

1992 - Pub. L. 102-538, Sec. 205(2), redesignated cl. (4) as (3).

Pub. L. 102-538, Sec. 205(1), as amended by Pub. L. 103-414,

struck out cl. (3) which read as follows: "stations engaged in

broadcasting (other than those engaged primarily in the function of

rebroadcasting the signals of broadcast stations),".

1976 - Pub. L. 94-335 substituted "engaged primarily in the

function of rebroadcasting the signals of broadcast stations" for

"engaged solely in the function of rebroadcasting the signals of

television broadcast stations" in parenthetical provisions of cl.

(3).

1960 - Pub. L. 86-609 inserted "(other than those engaged solely

in the function of rebroadcasting the signals of television

broadcast stations)" after "engaged in broadcasting".

1937 - Act Mar. 29, 1937, inserted provisos.

-End-

-CITE-

47 USC Sec. 319 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 319. Construction permits

-STATUTE-

(a) Requirements

No license shall be issued under the authority of this chapter

for the operation of any station unless a permit for its

construction has been granted by the Commission. The application

for a construction permit shall set forth such facts as the

Commission by regulation may prescribe as to the citizenship,

character, and the financial, technical, and other ability of the

applicant to construct and operate the station, the ownership and

location of the proposed station and of the station or stations

with which it is proposed to communicate, the frequencies desired

to be used, the hours of the day or other periods of time during

which it is proposed to operate the station, the purpose for which

the station is to be used, the type of transmitting apparatus to be

used, the power to be used, the date upon which the station is

expected to be completed and in operation, and such other

information as the Commission may require. Such application shall

be signed by the applicant in any manner or form, including by

electronic means, as the Commission may prescribe by regulation.

(b) Time limitation; forfeiture

Such permit for construction shall show specifically the earliest

and latest dates between which the actual operation of such station

is expected to begin, and shall provide that said permit will be

automatically forfeited if the station is not ready for operation

within the time specified or within such further time as the

Commission may allow, unless prevented by causes not under the

control of the grantee.

Upon the completion of any station for the construction or

continued construction of which a permit has been granted, and upon

it being made to appear to the Commission that all the terms,

conditions, and obligations set forth in the application and permit

have been fully met, and that no cause or circumstance arising or

first coming to the knowledge of the Commission since the granting

of the permit would, in the judgment of the Commission, make the

operation of such station against the public interest, the

Commission shall issue a license to the lawful holder of said

permit for the operation of said station. Said license shall

conform generally to the terms of said permit. The provisions of

section 309(a)-(g) of this title shall not apply with respect to

any station license the issuance of which is provided for and

governed by the provisions of this subsection.

(d) Government, amateur, or mobile station; waiver

A permit for construction shall not be required for Government

stations, amateur stations, or mobile stations. A permit for

construction shall not be required for public coast stations,

privately owned fixed microwave stations, or stations licensed to

common carriers, unless the Commission determines that the public

interest, convenience, and necessity would be served by requiring

such permits for any such stations. With respect to any

broadcasting station, the Commission shall not have any authority

to waive the requirement of a permit for construction, except that

the Commission may by regulation determine that a permit shall not

be required for minor changes in the facilities of authorized

broadcast stations. With respect to any other station or class of

stations, the Commission shall not waive the requirement for a

construction permit unless the Commission determines that the

public interest, convenience, and necessity would be served by such

a waiver.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 319, 48 Stat. 1089; July

16, 1952, ch. 879, Sec. 13, 66 Stat. 718; Mar. 26, 1954, ch. 111,

68 Stat. 35; Pub. L. 86-609, Sec. 2, July 7, 1960, 74 Stat. 363;

Pub. L. 86-752, Sec. 4(b), Sept. 13, 1960, 74 Stat. 892; Pub. L.

87-444, Sec. 4, Apr. 27, 1962, 76 Stat. 64; Pub. L. 97-259, title

I, Secs. 118, 119, Sept. 13, 1982, 96 Stat. 1095, 1096; Pub. L.

102-538, title II, Sec. 204(c), Oct. 27, 1992, 106 Stat. 3543; Pub.

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

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-104 substituted "With respect to

any broadcasting station, the Commission shall not have any

authority to waive the requirement of a permit for construction,

except that the Commission may by regulation determine that a

permit shall not be required for minor changes in the facilities of

authorized broadcast stations. With respect to any other station or

class of stations, the Commission shall not waive the requirement

for a construction permit unless the Commission determines that the

public interest, convenience, and necessity would be served by such

a waiver." for "With respect to any broadcasting station, the

Commission shall not have any authority to waive the requirement of

a permit for construction. With respect to any other station or

class of stations, the Commission shall not waive such requirement

unless the Commission determines that the public interest,

convenience, and necessity would be served by such a waiver."

1992 - Subsec. (a). Pub. L. 102-538 inserted before period at end

"in any manner or form, including by electronic means, as the

Commission may prescribe by regulation".

1982 - Subsec. (a). Pub. L. 97-259, Sec. 118, struck out "the

construction of which is begun or is continued after this chapter

takes effect," after "operation of any station".

Subsec. (d). Pub. L. 97-259, Sec. 119, substituted provision that

a permit for construction shall not be required for public coast

stations, privately owned fixed microwave stations, or stations

licensed to common carriers, unless the Commission determines that

the public interest, convenience, and necessity would be served by

requiring such permits for any such stations, that with respect to

any broadcasting station, the Commission shall not have any

authority to waive the requirement of a permit for construction,

and that with respect to any other station or class of stations,

the Commission shall not waive such requirement unless the

Commission determines that the public interest, convenience, and

necessity would be served by such a waiver, for provision that with

respect to stations or classes of stations other than Government

stations, amateur stations, mobile stations, and broadcasting

stations, the Commission could waive the requirement of a permit

for construction if it found that the public interest, convenience,

or necessity would be served thereby, that such waiver would apply

only to stations whose construction was begun subsequent to the

effective date of the waiver, and that if the Commission found that

the public interest, convenience, and necessity would be served

thereby, it could waive the requirement of a permit for

construction of a station that was engaged solely in rebroadcasting

television signals if such station had been constructed on or

before July 7, 1960.

1962 - Subsec. (a). Pub. L. 87-444 struck out requirement that

applications were to be signed under oath or affirmation.

1960 - Subsec. (c). Pub. L. 86-752 inserted references to section

309(d)-(g).

Subsec. (d). Pub. L. 86-609 authorized the Commission to waive

the requirement of a permit for construction of a station engaged

solely in rebroadcasting television signals if such station was

constructed on or before July 7, 1960.

1954 - Subsec. (b). Act Mar. 26, 1954, struck out sentence

providing that a construction permit should not be required for

Government stations, amateur stations, or stations upon mobile

vessels, railroad rolling stock, or aircraft, such provisions being

covered by subsec. (d) of this section.

Subsec. (d). Act Mar. 26, 1954, added subsec. (d).

1952 - Subsec. (a). Act July 16, 1952, Sec. 13(a), (b), struck

out "upon written application therefor" after "by the Commission"

in first sentence, struck out second sentence, and substituted in

third sentence, "The application for a construction permit shall

set forth" for "This application shall set forth".

Subsec. (b). Act July 16, 1952, Sec. 13(c), (d), struck out

second sentence relating to assignment of rights under a permit,

and struck out last two sentences, which are incorporated in

subsec. (c).

Subsec. (c). Act July 16, 1952, Sec. 13(d), added subsec. (c).

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by Pub. L. 86-752 effective ninety days after Sept. 13,

1960, see section 4(d)(1) of Pub. L. 86-752, set out as a note

under section 309 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 309 of this title.

-End-

-CITE-

47 USC Sec. 320 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 320. Stations liable to interfere with distress signals;

designation and regulation

-STATUTE-

The Commission is authorized to designate from time to time radio

stations the communications or signals of which, in its opinion,

are liable to interfere with the transmission or reception of

distress signals of ships. Such stations are required to keep a

licensed radio operator listening in on the frequencies designated

for signals of distress and radio communications relating thereto

during the entire period the transmitter of such station is in

operation.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 320, 48 Stat. 1090.)

-End-

-CITE-

47 USC Sec. 321 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 321. Distress signals and communications; equipment on

vessels; regulations

-STATUTE-

(a) The transmitting set in a radio station on shipboard may be

adjusted in such a manner as to produce a maximum of radiation,

irrespective of the amount of interference which may thus be

caused, when such station is sending radio communications or

signals of distress and radio communications relating thereto.

(b) All radio stations, including Government stations and

stations on board foreign vessels when within the territorial

waters of the United States, shall give absolute priority to radio

communications or signals relating to ships in distress; shall

cease all sending on frequencies which will interfere with hearing

a radio communication or signal of distress, and, except when

engaged in answering or aiding the ship in distress, shall refrain

from sending any radio communications or signals until there is

assurance that no interference will be caused with the radio

communications or signals relating thereto, and shall assist the

vessel in distress, so far as possible, by complying with its

instructions.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 321, 48 Stat. 1090; May

20, 1937, ch. 229, Sec. 7, 50 Stat. 191.)

-MISC1-

AMENDMENTS

1937 - Subsec. (a). Act May 20, 1937, struck out provisions which

required radio stations on shipboard to be equipped to transmit

radio communications or signals of distress on the frequency

specified by the Commission, with apparatus capable of transmitting

and receiving messages over a distance of at least 100 miles by day

or night.

-End-

-CITE-

47 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 322. Exchanging radio communications between land and ship

stations and from ship to ship

-STATUTE-

Every land station open to general public service between the

coast and vessels or aircraft at sea shall, within the scope of its

normal operations, be bound to exchange radio communications or

signals with any ship or aircraft station at sea; and each station

on shipboard or aircraft at sea shall, within the scope of its

normal operations, be bound to exchange radio communications or

signals with any other station on shipboard or aircraft at sea or

with any land station open to general public service between the

coast and vessels or aircraft at sea: Provided, That such exchange

of radio communication shall be without distinction as to radio

systems or instruments adopted by each station.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 322, 48 Stat. 1090; May

20, 1937, ch. 229, Sec. 8, 50 Stat. 191.)

-MISC1-

AMENDMENTS

1937 - Act May 20, 1937, provided for radio communications with

aircraft stations.

-End-

-CITE-

47 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 323. Interference between Government and commercial stations

-STATUTE-

(a) At all places where Government and private or commercial

radio stations on land operate in such close proximity that

interference with the work of Government stations cannot be avoided

when they are operating simultaneously, such private or commercial

stations as do interfere with the transmission or reception of

radio communications or signals by the Government stations

concerned shall not use their transmitters during the first fifteen

minutes of each hour, local standard time.

(b) The Government stations for which the above-mentioned

division of time is established shall transmit radio communications

or signals only during the first fifteen minutes of each hour,

local standard time, except in case of signals or radio

communications relating to vessels in distress and vessel requests

for information as to course, location, or compass direction.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 323, 48 Stat. 1090.)

-End-

-CITE-

47 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 324. Use of minimum power

-STATUTE-

In all circumstances, except in case of radio communications or

signals relating to vessels in distress, all radio stations,

including those owned and operated by the United States, shall use

the minimum amount of power necessary to carry out the

communication desired.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 324, 48 Stat. 1091.)

-End-

-CITE-

47 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 325. False, fraudulent, or unauthorized transmissions

-STATUTE-

(a) False distress signals; rebroadcasting programs

No person within the jurisdiction of the United States shall

knowingly utter or transmit, or cause to be uttered or transmitted,

any false or fraudulent signal of distress, or communication

relating thereto, nor shall any broadcasting station rebroadcast

the program or any part thereof of another broadcasting station

without the express authority of the originating station.

(b) Consent to retransmission of broadcasting station signals

(1) No cable system or other multichannel video programming

distributor shall retransmit the signal of a broadcasting station,

or any part thereof, except -

(A) with the express authority of the originating station;

(B) under section 534 of this title, in the case of a station

electing, in accordance with this subsection, to assert the right

to carriage under such section; or

electing, in accordance with this subsection, to assert the right

to carriage under such section.

(2) This subsection shall not apply -

(A) to retransmission of the signal of a noncommercial

television broadcast station;

(B) to retransmission of the signal of a television broadcast

station outside the station's local market by a satellite carrier

directly to its subscribers, if -

(i) such station was a superstation on May 1, 1991;

(ii) as of July 1, 1998, such station was retransmitted by a

satellite carrier under the statutory license of section 119 of

title 17; and

(iii) the satellite carrier complies with any network

nonduplication, syndicated exclusivity, and sports blackout

rules adopted by the Commission under section 339(b) of this

title;

of network stations directly to a home satellite antenna, if the

subscriber receiving the signal -

(i) is located in an area outside the local market of such

stations; and

(ii) resides in an unserved household;

(D) to retransmission by a cable operator or other multichannel

video provider, other than a satellite carrier, of the signal of

a television broadcast station outside the station's local market

if such signal was obtained from a satellite carrier and -

(i) the originating station was a superstation on May 1,

1991; and

(ii) as of July 1, 1998, such station was retransmitted by a

satellite carrier under the statutory license of section 119 of

title 17; or

(E) during the 6-month period beginning on November 29, 1999,

to the retransmission of the signal of a television broadcast

station within the station's local market by a satellite carrier

directly to its subscribers under the statutory license of

section 122 of title 17.

For purposes of this paragraph, the terms "satellite carrier" and

"superstation" have the meanings given those terms, respectively,

in section 119(d) of title 17, as in effect on October 5, 1992, the

term "unserved household" has the meaning given that term under

section 119(d) of such title, and the term "local market" has the

meaning given that term in section 122(j) of such title.

(3)(A) Within 45 days after October 5, 1992, the Commission shall

commence a rulemaking proceeding to establish regulations to govern

the exercise by television broadcast stations of the right to grant

retransmission consent under this subsection and of the right to

signal carriage under section 534 of this title, and such other

regulations as are necessary to administer the limitations

contained in paragraph (2). The Commission shall consider in such

proceeding the impact that the grant of retransmission consent by

television stations may have on the rates for the basic service

tier and shall ensure that the regulations prescribed under this

subsection do not conflict with the Commission's obligation under

section 543(b)(1) of this title to ensure that the rates for the

basic service tier are reasonable. Such rulemaking proceeding shall

be completed within 180 days after October 5, 1992.

(B) The regulations required by subparagraph (A) shall require

that television stations, within one year after October 5, 1992,

and every three years thereafter, make an election between the

right to grant retransmission consent under this subsection and the

right to signal carriage under section 534 of this title. If there

is more than one cable system which services the same geographic

area, a station's election shall apply to all such cable systems.

commence a rulemaking proceeding to revise the regulations

governing the exercise by television broadcast stations of the

right to grant retransmission consent under this subsection, and

such other regulations as are necessary to administer the

limitations contained in paragraph (2). The Commission shall

complete all actions necessary to prescribe such regulations within

1 year after November 29, 1999. Such regulations shall -

(i) establish election time periods that correspond with those

regulations adopted under subparagraph (B) of this paragraph; and

(ii) until January 1, 2006, prohibit a television broadcast

station that provides retransmission consent from engaging in

exclusive contracts for carriage or failing to negotiate in good

faith, and it shall not be a failure to negotiate in good faith

if the television broadcast station enters into retransmission

consent agreements containing different terms and conditions,

including price terms, with different multichannel video

programming distributors if such different terms and conditions

are based on competitive marketplace considerations.

(4) If an originating television station elects under paragraph

(3)(B) to exercise its right to grant retransmission consent under

this subsection with respect to a cable system, the provisions of

section 534 of this title shall not apply to the carriage of the

signal of such station by such cable system. If an originating

television station elects under paragraph (3)(C) to exercise its

right to grant retransmission consent under this subsection with

respect to a satellite carrier, section 338 of this title shall not

apply to the carriage of the signal of such station by such

satellite carrier.

(5) The exercise by a television broadcast station of the right

to grant retransmission consent under this subsection shall not

interfere with or supersede the rights under section 338, 534, or

535 of this title of any station electing to assert the right to

signal carriage under that section.

(6) Nothing in this section shall be construed as modifying the

compulsory copyright license established in section 111 of title 17

or as affecting existing or future video programming licensing

agreements between broadcasting stations and video programmers.

(7) For purposes of this subsection, the term -

(A) "network station" has the meaning given such term under

section 119(d) of title 17; and

(B) "television broadcast station" means an over-the-air

commercial or noncommercial television broadcast station licensed

by the Commission under subpart E of part 73 of title 47, Code of

Federal Regulations, except that such term does not include a

low-power or translator television station.

States; permit

No person shall be permitted to locate, use, or maintain a radio

broadcast studio or other place or apparatus from which or whereby

sound waves are converted into electrical energy, or mechanical or

physical reproduction of sound waves produced, and caused to be

transmitted or delivered to a radio station in a foreign country

for the purpose of being broadcast from any radio station there

having a power output of sufficient intensity and/or being so

located geographically that its emissions may be received

consistently in the United States, without first obtaining a permit

from the Commission upon proper application therefor.

(d) Application for permit

Such application shall contain such information as the Commission

may by regulation prescribe, and the granting or refusal thereof

shall be subject to the requirements of section 309 of this title

with respect to applications for station licenses or renewal or

modification thereof, and the license or permission so granted

shall be revocable for false statements in the application so

required or when the Commission, after hearings, shall find its

continuation no longer in the public interest.

(e) Enforcement proceedings against satellite carriers concerning

retransmissions of television broadcast stations in the

respective local markets of such carriers

(1) Complaints by television broadcast stations

If after the expiration of the 6-month period described under

subsection (b)(2)(E) of this section a television broadcast

station believes that a satellite carrier has retransmitted its

signal to any person in the local market of such station in

violation of subsection (b)(1) of this section, the station may

file with the Commission a complaint providing -

(A) the name, address, and call letters of the station;

(B) the name and address of the satellite carrier;

(D) the street address of at least one person in the local

market of the station to whom the alleged retransmission was

made;

(E) a statement that the retransmission was not expressly

authorized by the television broadcast station; and

(F) the name and address of counsel for the station.

(2) Service of complaints on satellite carriers

For purposes of any proceeding under this subsection, any

satellite carrier that retransmits the signal of any broadcast

station shall be deemed to designate the Secretary of the

Commission as its agent for service of process. A television

broadcast station may serve a satellite carrier with a complaint

concerning an alleged violation of subsection (b)(1) of this

section through retransmission of a station within the local

market of such station by filing the original and two copies of

the complaint with the Secretary of the Commission and serving a

copy of the complaint on the satellite carrier by means of two

commonly used overnight delivery services, each addressed to the

chief executive officer of the satellite carrier at its principal

place of business, and each marked "URGENT LITIGATION MATTER" on

the outer packaging. Service shall be deemed complete one

business day after a copy of the complaint is provided to the

delivery services for overnight delivery. On receipt of a

complaint filed by a television broadcast station under this

subsection, the Secretary of the Commission shall send the

original complaint by United States mail, postage prepaid,

receipt requested, addressed to the chief executive officer of

the satellite carrier at its principal place of business.

(3) Answers by satellite carriers

Within five business days after the date of service, the

satellite carrier shall file an answer with the Commission and

shall serve the answer by a commonly used overnight delivery

service and by United States mail, on the counsel designated in

the complaint at the address listed for such counsel in the

complaint.

(4) Defenses

(A) Exclusive defenses

The defenses under this paragraph are the exclusive defenses

available to a satellite carrier against which a complaint

under this subsection is filed.

(B) Defenses

The defenses referred to under subparagraph (A) are the

defenses that -

(i) the satellite carrier did not retransmit the television

broadcast station to any person in the local market of the

station during the time period specified in the complaint;

(ii) the television broadcast station had, in a writing

signed by an officer of the television broadcast station,

expressly authorized the retransmission of the station by the

satellite carrier to each person in the local market of the

television broadcast station to which the satellite carrier

made such retransmissions for the entire time period during

which it is alleged that a violation of subsection (b)(1) of

this section has occurred;

(iii) the retransmission was made after January 1, 2002,

and the television broadcast station had elected to assert

the right to carriage under section 338 of this title as

against the satellite carrier for the relevant period; or

(iv) the station being retransmitted is a noncommercial

television broadcast station.

(5) Counting of violations

The retransmission without consent of a particular television

broadcast station on a particular day to one or more persons in

the local market of the station shall be considered a separate

violation of subsection (b)(1) of this section.

(6) Burden of proof

With respect to each alleged violation, the burden of proof

shall be on a television broadcast station to establish that the

satellite carrier retransmitted the station to at least one

person in the local market of the station on the day in question.

The burden of proof shall be on the satellite carrier with

respect to all defenses other than the defense under paragraph

(4)(B)(i).

(7) Procedures

(A) Regulations

Within 60 days after November 29, 1999, the Commission shall

issue procedural regulations implementing this subsection which

shall supersede procedures under section 312 of this title.

(B) Determinations

(i) In general

Within 45 days after the filing of a complaint, the

Commission shall issue a final determination in any

proceeding brought under this subsection. The Commission's

final determination shall specify the number of violations

committed by the satellite carrier. The Commission shall hear

witnesses only if it clearly appears, based on written

filings by the parties, that there is a genuine dispute about

material facts. Except as provided in the preceding sentence,

the Commission may issue a final ruling based on written

filings by the parties.

(ii) Discovery

The Commission may direct the parties to exchange pertinent

documents, and if necessary to take prehearing depositions,

on such schedule as the Commission may approve, but only if

the Commission first determines that such discovery is

necessary to resolve a genuine dispute about material facts,

consistent with the obligation to make a final determination

within 45 days.

(8) Relief

If the Commission determines that a satellite carrier has

retransmitted the television broadcast station to at least one

person in the local market of such station and has failed to meet

its burden of proving one of the defenses under paragraph (4)

with respect to such retransmission, the Commission shall be

required to -

(A) make a finding that the satellite carrier violated

subsection (b)(1) of this section with respect to that station;

and

(B) issue an order, within 45 days after the filing of the

complaint, containing -

(i) a cease-and-desist order directing the satellite

carrier immediately to stop making any further

retransmissions of the television broadcast station to any

person within the local market of such station until such

time as the Commission determines that the satellite carrier

is in compliance with subsection (b)(1) of this section with

respect to such station;

(ii) if the satellite carrier is found to have violated

subsection (b)(1) of this section with respect to more than

two television broadcast stations, a cease-and-desist order

directing the satellite carrier to stop making any further

retransmission of any television broadcast station to any

person within the local market of such station, until such

time as the Commission, after giving notice to the station,

that the satellite carrier is in compliance with subsection

(b)(1) of this section with respect to such stations; and

(iii) an award to the complainant of that complainant's

costs and reasonable attorney's fees.

(9) Court proceedings on enforcement of Commission order

(A) In general

On entry by the Commission of a final order granting relief

under this subsection -

(i) a television broadcast station may apply within 30 days

after such entry to the United States District Court for the

Eastern District of Virginia for a final judgment enforcing

all relief granted by the Commission; and

(ii) the satellite carrier may apply within 30 days after

such entry to the United States District Court for the

Eastern District of Virginia for a judgment reversing the

Commission's order.

(B) Appeal

The procedure for an appeal under this paragraph by the

satellite carrier shall supersede any other appeal rights under

Federal or State law. A United States district court shall be

deemed to have personal jurisdiction over the satellite carrier

if the carrier, or a company under common control with the

satellite carrier, has delivered television programming by

satellite to more than 30 customers in that district during the

preceding 4-year period. If the United States District Court

for the Eastern District of Virginia does not have personal

jurisdiction over the satellite carrier, an enforcement action

or appeal shall be brought in the United States District Court

for the District of Columbia, which may find personal

jurisdiction based on the satellite carrier's ownership of

licenses issued by the Commission. An application by a

television broadcast station for an order enforcing any

cease-and-desist relief granted by the Commission shall be

resolved on a highly expedited schedule. No discovery may be

conducted by the parties in any such proceeding. The district

court shall enforce the Commission order unless the Commission

record reflects manifest error and an abuse of discretion by

the Commission.

(10) Civil action for statutory damages

Within 6 months after issuance of an order by the Commission

under this subsection, a television broadcast station may file a

civil action in any United States district court that has

personal jurisdiction over the satellite carrier for an award of

statutory damages for any violation that the Commission has

determined to have been committed by a satellite carrier under

this subsection. Such action shall not be subject to transfer

under section 1404(a) of title 28. On finding that the satellite

carrier has committed one or more violations of subsection (b) of

this section, the District Court shall be required to award the

television broadcast station statutory damages of $25,000 per

violation, in accordance with paragraph (5), and the costs and

attorney's fees incurred by the station. Such statutory damages

shall be awarded only if the television broadcast station has

filed a binding stipulation with the court that such station will

donate the full amount in excess of $1,000 of any statutory

damage award to the United States Treasury for public purposes.

Notwithstanding any other provision of law, a station shall incur

no tax liability of any kind with respect to any amounts so

donated. Discovery may be conducted by the parties in any

proceeding under this paragraph only if and to the extent

necessary to resolve a genuinely disputed issue of fact

concerning one of the defenses under paragraph (4). In any such

action, the defenses under paragraph (4) shall be exclusive, and

the burden of proof shall be on the satellite carrier with

respect to all defenses other than the defense under paragraph

(4)(B)(i). A judgment under this paragraph may be enforced in any

manner permissible under Federal or State law.

(11) Appeals

(A) In general

The nonprevailing party before a United States district court

may appeal a decision under this subsection to the United

States Court of Appeals with jurisdiction over that district

court. The Court of Appeals shall not issue any stay of the

effectiveness of any decision granting relief against a

satellite carrier unless the carrier presents clear and

convincing evidence that it is highly likely to prevail on

appeal and only after posting a bond for the full amount of any

monetary award assessed against it and for such further amount

as the Court of Appeals may believe appropriate.

(B) Appeal

If the Commission denies relief in response to a complaint

filed by a television broadcast station under this subsection,

the television broadcast station filing the complaint may file

an appeal with the United States Court of Appeals for the

District of Columbia Circuit.

(12) Sunset

No complaint or civil action may be filed under this subsection

after December 31, 2001. This subsection shall continue to apply

to any complaint or civil action filed on or before such date.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 325, 48 Stat. 1091; Pub.

L. 102-385, Sec. 6, Oct. 5, 1992, 106 Stat. 1482; Pub. L. 106-113,

div. B, Sec. 1000(a)(9) [title I, Sec. 1009], Nov. 29, 1999, 113

Stat. 1536, 1501A-537.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(1), (2). Pub. L. 106-113, Sec. 1000(a)(9)

[title I, Sec. 1009(a)(1)], amended pars. (1) and (2) generally.

Prior to amendment, pars. (1) and (2) read as follows:

"(1) Following the date that is one year after October 5, 1992,

no cable system or other multichannel video programming distributor

shall retransmit the signal of a broadcasting station, or any part

thereof, except -

"(A) with the express authority of the originating station; or

"(B) pursuant to section 534 of this title, in the case of a

station electing, in accordance with this subsection, to assert

the right to carriage under such section.

"(2) The provisions of this subsection shall not apply to -

"(A) retransmission of the signal of a noncommercial

broadcasting station;

"(B) retransmission directly to a home satellite antenna of the

signal of a broadcasting station that is not owned or operated

by, or affiliated with, a broadcasting network, if such signal

was retransmitted by a satellite carrier on May 1, 1991;

"(C) retransmission of the signal of a broadcasting station

that is owned or operated by, or affiliated with, a broadcasting

network directly to a home satellite antenna, if the household

receiving the signal is an unserved household; or

"(D) retransmission by a cable operator or other multichannel

video programming distributor of the signal of a superstation if

such signal was obtained from a satellite carrier and the

originating station was a superstation on May 1, 1991.

For purposes of this paragraph, the terms 'satellite carrier',

'superstation', and 'unserved household' have the meanings given

those terms, respectively, in section 119(d) of title 17 as in

effect on October 5, 1992."

Subsec. (b)(3)(C). Pub. L. 106-113, Sec. 1000(a)(9) [title I,

Sec. 1009(a)(2)], added subpar. (C).

Subsec. (b)(4). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.

1009(a)(3)], inserted at end "If an originating television station

elects under paragraph (3)(C) to exercise its right to grant

retransmission consent under this subsection with respect to a

satellite carrier, section 338 of this title shall not apply to the

carriage of the signal of such station by such satellite carrier."

Subsec. (b)(5). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.

1009(a)(4)], substituted "338, 534, or 535 of this title" for "534

or 535 of this title".

Subsec. (b)(7). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.

1009(a)(5)], added par. (7).

Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.

1009(b)], added subsec. (e).

1992 - Subsecs. (b) to (d). Pub. L. 102-385 added subsec. (b) and

redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 28 of Pub. L. 102-385 provided that: "Except where

otherwise expressly provided, the provisions of this Act [enacting

sections 334, 335, 534 to 537, 544a, 548, and 555a of this title,

amending this section and sections 332, 522, 532, 533, 541 to 544,

546, 551 to 555, and 558 of this title, and enacting provisions set

out as notes under sections 521, 531, 543, and 554 of this title]

and the amendments made thereby shall take effect 60 days after the

date of enactment of this Act [Oct. 5, 1992]."

SEVERABILITY

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1010],

Nov. 29, 1999, 113 Stat. 1536, 1501A-543, provided that: "If any

provision of section 325(b) of the Communications Act of 1934 (47

U.S.C. 325(b)), or the application of that provision to any person

or circumstance, is held by a court of competent jurisdiction to

violate any provision of the Constitution of the United States,

then the other provisions of that section, and the application of

that provision to other persons and circumstances, shall not be

affected."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 309, 338, 402, 534, 573

of this title.

-End-

-CITE-

47 USC Sec. 326 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 326. Censorship

-STATUTE-

Nothing in this chapter shall be understood or construed to give

the Commission the power of censorship over the radio

communications or signals transmitted by any radio station, and no

regulation or condition shall be promulgated or fixed by the

Commission which shall interfere with the right of free speech by

means of radio communication.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 326, 48 Stat. 1091; June

25, 1948, ch. 645, Sec. 21, 62 Stat. 862.)

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, repealed last sentence relating to use

of indecent language. See section 1464 of Title 18, Crimes and

Criminal Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment by act June 25, 1948, effective as of Sept. 1, 1948,

see section 20 of that act.

-End-

-CITE-

47 USC Sec. 327 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 327. Naval stations; use for commercial messages; rates

-STATUTE-

The Secretary of the Navy is authorized, unless restrained by

international agreement, under the terms and conditions and at

rates prescribed by him, which rates shall be just and reasonable,

and which, upon complaint, shall be subject to review and revision

by the Commission, to use all radio stations and apparatus,

wherever located, owned by the United States and under the control

of the Navy Department, (a) for the reception and transmission of

press messages offered by any newspaper published in the United

States, its Territories or possessions, or published by citizens of

the United States in foreign countries, or by any press association

of the United States, and (b) for the reception and transmission of

private commercial messages between ships, between ship and shore,

between localities in Alaska and between Alaska and the continental

United States: Provided, That the rates fixed for the reception and

transmission of all such messages, other than press messages

between the Pacific coast of the United States, Hawaii, Alaska,

Guam, American Samoa, the Philippine Islands, and the Orient, and

between the United States and the Virgin Islands, shall not be less

than the rates charged by privately owned and operated stations for

like messages and service: Provided further, That the right to use

such stations for any of the purposes named in this section shall

terminate and cease as between any countries or localities or

between any locality and privately operated ships whenever

privately owned and operated stations are capable of meeting the

normal communication requirements between such countries or

localities or between any locality and privately operated ships,

and the Commission shall have notified the Secretary of the Navy

thereof.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 327, 48 Stat. 1091.)

-REFTEXT-

REFERENCES IN TEXT

The Philippine Islands, referred to in text, were granted their

independence by Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60

Stat. 1352, issued pursuant to section 1394 of Title 22, Foreign

Relations and Intercourse, and set out under that section. They are

now known as the Republic of the Philippines.

-End-

-CITE-

47 USC Sec. 328 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 328. Repealed. Pub. L. 103-414, title III, Sec. 304(a)(10),

Oct. 25, 1994, 108 Stat. 4297

-MISC1-

Section, act June 19, 1934, ch. 652, title III, Sec. 328, 48

Stat. 1092; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60

Stat. 1352, related to representation of Canal Zone in

international radio matters by Secretary of State.

-End-

-CITE-

47 USC Sec. 329 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 329. Administration of radio laws in Territories and

possessions

-STATUTE-

The Commission is authorized to designate any officer or employee

of any other department of the Government on duty in any Territory

or possession of the United States to render therein such service

in connection with the administration of this chapter as the

Commission may prescribe and also to designate any officer or

employee of any other department of the Government to render such

services at any place within the United States in connection with

the administration of this subchapter as may be necessary:

Provided, That such designation shall be approved by the head of

the department in which such person is employed.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 329, 48 Stat. 1092; May

20, 1937, ch. 229, Sec. 9, 50 Stat. 191.)

-MISC1-

AMENDMENTS

1937 - Act May 20, 1937, struck out provisions which prohibited

designation of officers and employees in the Philippine Islands and

Canal Zone and inserted provisions permitting designation of

officers and employees within the United States.

-End-

-CITE-

47 USC Sec. 330 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 330. Prohibition against shipment of certain television

receivers

-STATUTE-

(a) No person shall ship in interstate commerce, or import from

any foreign country into the United States, for sale or resale to

the public, apparatus described in subsection (s) of section 303 of

this title unless it complies with rules prescribed by the

Commission pursuant to the authority granted by that subsection:

Provided, That this section shall not apply to carriers

transporting such apparatus without trading in it.

(b) No person shall ship in interstate commerce, manufacture,

assemble, or import from any foreign country into the United

States, any apparatus described in section 303(u) of this title

except in accordance with rules prescribed by the Commission

pursuant to the authority granted by that section. Such rules shall

provide performance and display standards for such built-in decoder

circuitry. Such rules shall further require that all such apparatus

be able to receive and display closed captioning which have been

transmitted by way of line 21 of the vertical blanking interval and

which conform to the signal and display specifications set forth in

the Public Broadcasting System engineering report numbered E-7709-C

dated May 1980, as amended by the Telecaption II Decoder Module

Performance Specification published by the National Captioning

Institute, November 1985. As new video technology is developed, the

Commission shall take such action as the Commission determines

appropriate to ensure that closed-captioning service continues to

be available to consumers. This subsection shall not apply to

carriers transporting such apparatus without trading it.

(c)(1) Except as provided in paragraph (2), no person shall ship

in interstate commerce or manufacture in the United States any

apparatus described in section 303(x) of this title except in

accordance with rules prescribed by the Commission pursuant to the

authority granted by that section.

(2) This subsection shall not apply to carriers transporting

apparatus referred to in paragraph (1) without trading in it.

(3) The rules prescribed by the Commission under this subsection

shall provide for the oversight by the Commission of the adoption

of standards by industry for blocking technology. Such rules shall

require that all such apparatus be able to receive the rating

signals which have been transmitted by way of line 21 of the

vertical blanking interval and which conform to the signal and

blocking specifications established by industry under the

supervision of the Commission.

(4) As new video technology is developed, the Commission shall

take such action as the Commission determines appropriate to ensure

that blocking service continues to be available to consumers. If

the Commission determines that an alternative blocking technology

exists that -

(A) enables parents to block programming based on identifying

programs without ratings,

(B) is available to consumers at a cost which is comparable to

the cost of technology that allows parents to block programming

based on common ratings, and

multichannel system as effectively and as easily as technology

that allows parents to block programming based on common ratings,

the Commission shall amend the rules prescribed pursuant to section

303(x) of this title to require that the apparatus described in

such section be equipped with either the blocking technology

described in such section or the alternative blocking technology

described in this paragraph.

(d) For the purposes of this section, and sections 303(s),

303(u), and 303(x) of this title -

(1) The term "interstate commerce" means (A) commerce between

any State, the District of Columbia, the Commonwealth of Puerto

Rico, or any possession of the United States and any place

outside thereof which is within the United States, (B) commerce

between points in the same State, the District of Columbia, the

Commonwealth of Puerto Rico, or possession of the United States

but through any place outside thereof, or (C) commerce wholly

within the District of Columbia or any possession of the United

States.

(2) The term "United States" means the several States, the

District of Columbia, the Commonwealth of Puerto Rico, and the

possessions of the United States, but does not include the Canal

Zone.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 330, as added Pub. L.

87-529, Sec. 2, July 10, 1962, 76 Stat. 151; amended Pub. L.

101-431, Sec. 4, Oct. 15, 1990, 104 Stat. 961; Pub. L. 104-104,

title V, Sec. 551(d), Feb. 8, 1996, 110 Stat. 141.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (d)(2), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-104, Sec. 551(d)(1)(B), added

subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 104-104, Sec. 551(d)(2), in introductory

provisions substituted "and sections 303(s), 303(u), and 303(x) of

this title" for "section 303(s) of this title, and section 303(u)

of this title".

Pub. L. 104-104, Sec. 551(d)(1)(B), redesignated subsec. (c) as

(d).

1990 - Subsecs. (b), (c). Pub. L. 101-431 added subsec. (b),

redesignated former subsec. (b) as (c), and substituted ", section

303(s) of this title, and section 303(u) of this title" for "and

section 303(s) of this title".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-431 effective July 1, 1993, see section

5 of Pub. L. 101-431, set out as a note under section 303 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 303 of this title.

-End-

-CITE-

47 USC Sec. 331 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 331. Very high frequency stations and AM radio stations

-STATUTE-

(a) Very high frequency stations

It shall be the policy of the Federal Communications Commission

to allocate channels for very high frequency commercial television

broadcasting in a manner which ensures that not less than one such

channel shall be allocated to each State, if technically feasible.

In any case in which licensee of a very high frequency commercial

television broadcast station notifies the Commission to the effect

that such licensee will agree to the reallocation of its channel to

a community within a State in which there is allocated no very high

frequency commercial television broadcast channel at the time (!1)

such notification, the Commission shall, notwithstanding any other

provision of law, order such reallocation and issue a license to

such licensee for that purpose pursuant to such notification for a

term of not to exceed 5 years as provided in section 307(d) (!2) of

this title.

(b) AM radio stations

It shall be the policy of the Commission, in any case in which

the licensee of an existing AM daytime-only station located in a

community with a population of more than 100,000 persons that lacks

a local full-time aural station licensed to that community and that

is located within a Class I station primary service area notifies

the Commission that such licensee seeks to provide full-time

service, to ensure that such a licensee is able to place a

principal community contour signal over its entire community of

license 24 hours a day, if technically feasible. The Commission

shall report to the appropriate committees of Congress within 30

days after December 20, 1991, on how it intends to meet this policy

goal.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 331, as added Pub. L.

97-248, title III, Sec. 355, Sept. 3, 1982, 96 Stat. 641; amended

Pub. L. 102-243, Sec. 4, Dec. 20, 1991, 105 Stat. 2402; Pub. L.

103-414, title III, Sec. 303(a)(18), Oct. 25, 1994, 108 Stat.

4295.)

-REFTEXT-

REFERENCES IN TEXT

Subsec. (d) of section 307 of this title, referred to in subsec.

(a), was redesignated subsec. (c) of section 307 by Pub. L. 97-259,

title I, Sec. 112(a), Sept. 13, 1982, 96 Stat. 1093.

-COD-

CODIFICATION

December 20, 1991, referred to in subsec. (b), was in the

original "the date of enactment of this Act", which was translated

as meaning the date of enactment of Pub. L. 102-243, which enacted

subsec. (b), to reflect the probable intent of Congress.

Another section 331 of act June 19, 1934 was renumbered section

332 and is classified to section 332 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 331, act June 19, 1934, ch. 652, title III, Sec.

331, as added Sept. 14, 1973, Pub. L. 93-107, Sec. 1, 87 Stat. 350,

related to broadcasting of games of professional sports clubs,

prior to repeal by Pub. L. 93-107, Sec. 2, Sept. 14, 1973, 87 Stat.

351, effective Dec. 31, 1975.

AMENDMENTS

1994 - Pub. L. 103-414 amended section catchline generally.

1991 - Pub. L. 102-243 inserted "and AM radio stations" in

section catchline, designated existing provisions as subsec. (a)

and inserted heading, and added subsec. (b).

-FOOTNOTE-

(!1) So in original. Probably should be followed by "of".

(!2) See References in Text note below.

-End-

-CITE-

47 USC Sec. 332 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 332. Mobile services

-STATUTE-

(a) Factors which Commission must consider

In taking actions to manage the spectrum to be made available for

use by the private mobile services, the Commission shall consider,

consistent with section 151 of this title, whether such actions

will -

(1) promote the safety of life and property;

(2) improve the efficiency of spectrum use and reduce the

regulatory burden upon spectrum users, based upon sound

engineering principles, user operational requirements, and

marketplace demands;

(3) encourage competition and provide services to the largest

feasible number of users; or

(4) increase interservice sharing opportunities between private

mobile services and other services.

(b) Advisory coordinating committees

(1) The Commission, in coordinating the assignment of frequencies

to stations in the private mobile services and in the fixed

services (as defined by the Commission by rule), shall have

authority to utilize assistance furnished by advisory coordinating

committees consisting of individuals who are not officers or

employees of the Federal Government.

(2) The authority of the Commission established in this

subsection shall not be subject to or affected by the provisions of

part III of title 5 or section 1342 of title 31.

(3) Any person who provides assistance to the Commission under

this subsection shall not be considered, by reason of having

provided such assistance, a Federal employee.

(4) Any advisory coordinating committee which furnishes

assistance to the Commission under this subsection shall not be

subject to the provisions of the Federal Advisory Committee Act.

(1) Common carrier treatment of commercial mobile services

(A) A person engaged in the provision of a service that is a

commercial mobile service shall, insofar as such person is so

engaged, be treated as a common carrier for purposes of this

chapter, except for such provisions of subchapter II of this

chapter as the Commission may specify by regulation as

inapplicable to that service or person. In prescribing or

amending any such regulation, the Commission may not specify any

provision of section 201, 202, or 208 of this title, and may

specify any other provision only if the Commission determines

that -

(i) enforcement of such provision is not necessary in order

to ensure that the charges, practices, classifications, or

regulations for or in connection with that service are just and

reasonable and are not unjustly or unreasonably discriminatory;

(ii) enforcement of such provision is not necessary for the

protection of consumers; and

(iii) specifying such provision is consistent with the public

interest.

(B) Upon reasonable request of any person providing commercial

mobile service, the Commission shall order a common carrier to

establish physical connections with such service pursuant to the

provisions of section 201 of this title. Except to the extent

that the Commission is required to respond to such a request,

this subparagraph shall not be construed as a limitation or

expansion of the Commission's authority to order interconnection

pursuant to this chapter.

with respect to commercial mobile services and shall include in

its annual report an analysis of those conditions. Such analysis

shall include an identification of the number of competitors in

various commercial mobile services, an analysis of whether or not

there is effective competition, an analysis of whether any of

such competitors have a dominant share of the market for such

services, and a statement of whether additional providers or

classes of providers in those services would be likely to enhance

competition. As a part of making a determination with respect to

the public interest under subparagraph (A)(iii), the Commission

shall consider whether the proposed regulation (or amendment

thereof) will promote competitive market conditions, including

the extent to which such regulation (or amendment) will enhance

competition among providers of commercial mobile services. If the

Commission determines that such regulation (or amendment) will

promote competition among providers of commercial mobile

services, such determination may be the basis for a Commission

finding that such regulation (or amendment) is in the public

interest.

(D) The Commission shall, not later than 180 days after August

10, 1993, complete a rulemaking required to implement this

paragraph with respect to the licensing of personal

communications services, including making any determinations

required by subparagraph (C).

(2) Non-common carrier treatment of private mobile services

A person engaged in the provision of a service that is a

private mobile service shall not, insofar as such person is so

engaged, be treated as a common carrier for any purpose under

this chapter. A common carrier (other than a person that was

treated as a provider of a private land mobile service prior to

August 10, 1993) shall not provide any dispatch service on any

frequency allocated for common carrier service, except to the

extent such dispatch service is provided on stations licensed in

the domestic public land mobile radio service before January 1,

1982. The Commission may by regulation terminate, in whole or in

part, the prohibition contained in the preceding sentence if the

Commission determines that such termination will serve the public

interest.

(3) State preemption

(A) Notwithstanding sections 152(b) and 221(b) of this title,

no State or local government shall have any authority to regulate

the entry of or the rates charged by any commercial mobile

service or any private mobile service, except that this paragraph

shall not prohibit a State from regulating the other terms and

conditions of commercial mobile services. Nothing in this

subparagraph shall exempt providers of commercial mobile services

(where such services are a substitute for land line telephone

exchange service for a substantial portion of the communications

within such State) from requirements imposed by a State

commission on all providers of telecommunications services

necessary to ensure the universal availability of

telecommunications service at affordable rates. Notwithstanding

the first sentence of this subparagraph, a State may petition the

Commission for authority to regulate the rates for any commercial

mobile service and the Commission shall grant such petition if

such State demonstrates that -

(i) market conditions with respect to such services fail to

protect subscribers adequately from unjust and unreasonable

rates or rates that are unjustly or unreasonably

discriminatory; or

(ii) such market conditions exist and such service is a

replacement for land line telephone exchange service for a

substantial portion of the telephone land line exchange service

within such State.

The Commission shall provide reasonable opportunity for public

comment in response to such petition, and shall, within 9 months

after the date of its submission, grant or deny such petition. If

the Commission grants such petition, the Commission shall

authorize the State to exercise under State law such authority

over rates, for such periods of time, as the Commission deems

necessary to ensure that such rates are just and reasonable and

not unjustly or unreasonably discriminatory.

(B) If a State has in effect on June 1, 1993, any regulation

concerning the rates for any commercial mobile service offered in

such State on such date, such State may, no later than 1 year

after August 10, 1993, petition the Commission requesting that

the State be authorized to continue exercising authority over

such rates. If a State files such a petition, the State's

existing regulation shall, notwithstanding subparagraph (A),

remain in effect until the Commission completes all action

(including any reconsideration) on such petition. The Commission

shall review such petition in accordance with the procedures

established in such subparagraph, shall complete all action

(including any reconsideration) within 12 months after such

petition is filed, and shall grant such petition if the State

satisfies the showing required under subparagraph (A)(i) or

(A)(ii). If the Commission grants such petition, the Commission

shall authorize the State to exercise under State law such

authority over rates, for such period of time, as the Commission

deems necessary to ensure that such rates are just and reasonable

and not unjustly or unreasonably discriminatory. After a

reasonable period of time, as determined by the Commission, has

elapsed from the issuance of an order under subparagraph (A) or

this subparagraph, any interested party may petition the

Commission for an order that the exercise of authority by a State

pursuant to such subparagraph is no longer necessary to ensure

that the rates for commercial mobile services are just and

reasonable and not unjustly or unreasonably discriminatory. The

Commission shall provide reasonable opportunity for public

comment in response to such petition, and shall, within 9 months

after the date of its submission, grant or deny such petition in

whole or in part.

(4) Regulatory treatment of communications satellite corporation

Nothing in this subsection shall be construed to alter or

affect the regulatory treatment required by title IV of the

Communications Satellite Act of 1962 [47 U.S.C. 741 et seq.] of

the corporation authorized by title III of such Act [47 U.S.C.

731 et seq.].

(5) Space segment capacity

Nothing in this section shall prohibit the Commission from

continuing to determine whether the provision of space segment

capacity by satellite systems to providers of commercial mobile

services shall be treated as common carriage.

(6) Foreign ownership

The Commission, upon a petition for waiver filed within 6

months after August 10, 1993, may waive the application of

section 310(b) of this title to any foreign ownership that

lawfully existed before May 24, 1993, of any provider of a

private land mobile service that will be treated as a common

carrier as a result of the enactment of the Omnibus Budget

Reconciliation Act of 1993, but only upon the following

conditions:

(A) The extent of foreign ownership interest shall not be

increased above the extent which existed on May 24, 1993.

(B) Such waiver shall not permit the subsequent transfer of

ownership to any other person in violation of section 310(b) of

this title.

(7) Preservation of local zoning authority

(A) General authority

Except as provided in this paragraph, nothing in this chapter

shall limit or affect the authority of a State or local

government or instrumentality thereof over decisions regarding

the placement, construction, and modification of personal

wireless service facilities.

(B) Limitations

(i) The regulation of the placement, construction, and

modification of personal wireless service facilities by any

State or local government or instrumentality thereof -

(I) shall not unreasonably discriminate among providers of

functionally equivalent services; and

(II) shall not prohibit or have the effect of prohibiting

the provision of personal wireless services.

(ii) A State or local government or instrumentality thereof

shall act on any request for authorization to place, construct,

or modify personal wireless service facilities within a

reasonable period of time after the request is duly filed with

such government or instrumentality, taking into account the

nature and scope of such request.

(iii) Any decision by a State or local government or

instrumentality thereof to deny a request to place, construct,

or modify personal wireless service facilities shall be in

writing and supported by substantial evidence contained in a

written record.

(iv) No State or local government or instrumentality thereof

may regulate the placement, construction, and modification of

personal wireless service facilities on the basis of the

environmental effects of radio frequency emissions to the

extent that such facilities comply with the Commission's

regulations concerning such emissions.

(v) Any person adversely affected by any final action or

failure to act by a State or local government or any

instrumentality thereof that is inconsistent with this

subparagraph may, within 30 days after such action or failure

to act, commence an action in any court of competent

jurisdiction. The court shall hear and decide such action on an

expedited basis. Any person adversely affected by an act or

failure to act by a State or local government or any

instrumentality thereof that is inconsistent with clause (iv)

may petition the Commission for relief.

For purposes of this paragraph -

(i) the term "personal wireless services" means commercial

mobile services, unlicensed wireless services, and common

carrier wireless exchange access services;

(ii) the term "personal wireless service facilities" means

facilities for the provision of personal wireless services;

and

(iii) the term "unlicensed wireless service" means the

offering of telecommunications services using duly authorized

devices which do not require individual licenses, but does

not mean the provision of direct-to-home satellite services

(as defined in section 303(v) of this title).

(8) Mobile services access

A person engaged in the provision of commercial mobile

services, insofar as such person is so engaged, shall not be

required to provide equal access to common carriers for the

provision of telephone toll services. If the Commission

determines that subscribers to such services are denied access to

the provider of telephone toll services of the subscribers'

choice, and that such denial is contrary to the public interest,

convenience, and necessity, then the Commission shall prescribe

regulations to afford subscribers unblocked access to the

provider of telephone toll services of the subscribers' choice

through the use of a carrier identification code assigned to such

provider or other mechanism. The requirements for unblocking

shall not apply to mobile satellite services unless the

Commission finds it to be in the public interest to apply such

requirements to such services.

(d) Definitions

For purposes of this section -

(1) the term "commercial mobile service" means any mobile

service (as defined in section 153 of this title) that is

provided for profit and makes interconnected service available

(A) to the public or (B) to such classes of eligible users as to

be effectively available to a substantial portion of the public,

as specified by regulation by the Commission;

(2) the term "interconnected service" means service that is

interconnected with the public switched network (as such terms

are defined by regulation by the Commission) or service for which

a request for interconnection is pending pursuant to subsection

(c)(1)(B) of this section; and

(3) the term "private mobile service" means any mobile service

(as defined in section 153 of this title) that is not a

commercial mobile service or the functional equivalent of a

commercial mobile service, as specified by regulation by the

Commission.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 332, formerly Sec. 331, as

added Pub. L. 97-259, title I, Sec. 120(a), Sept. 13, 1982, 96

Stat. 1096; renumbered Sec. 332, Pub. L. 102-385, Sec. 25(b), Oct.

5, 1992, 106 Stat. 1502; amended Pub. L. 103-66, title VI, Sec.

6002(b)(2)(A), Aug. 10, 1993, 107 Stat. 392; Pub. L. 104-104, Sec.

3(d)(2), title VII, Secs. 704(a), 705, Feb. 8, 1996, 110 Stat. 61,

151, 153.)

-REFTEXT-

REFERENCES IN TEXT

Provisions of part III of title 5, referred to in subsec. (b)(2),

are classified to section 2101 et seq. of Title 5, Government

Organization and Employees.

The Federal Advisory Committee Act, referred to in subsec.

(b)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5.

The Communications Satellite Act of 1962, referred to in subsec.

(c)(4), is Pub. L. 87-624, Aug. 31, 1962, 76 Stat. 419, as amended.

Titles III and IV of the Act are classified generally to

subchapters III (Sec. 731 et seq.) and IV (Sec. 741 et seq.),

respectively, of chapter 6 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 701 of this title and Tables.

The Omnibus Budget Reconciliation Act of 1993, referred to in

subsec. (c)(6), is Pub. L. 103-66, Aug. 10, 1993, 107 Stat. 312, as

amended. For complete classification of this Act to the Code, see

Tables.

-COD-

CODIFICATION

In subsec. (b)(2), "section 1342 of title 31" substituted for

"section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(7). Pub. L. 104-104, Sec. 704(a), added par.

(7).

Subsec. (c)(8). Pub. L. 104-104, Sec. 705, added par. (8).

Subsec. (d)(1), (3). Pub. L. 104-104, Sec. 3(d)(2), substituted

"section 153" for "section 153(n)".

1993 - Pub. L. 103-66 struck out "Private land" before "mobile

services" in section catchline, struck out "land" before "mobile

services" wherever appearing in subsecs. (a) and (b), added

subsecs. (c) and (d), and struck out former subsec. (c) which

related to service provided by specialized mobile radio, multiple

licensed radio dispatch systems, and other radio dispatch systems;

common carriers; and rate or entry regulations.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 6002(c) of Pub. L. 103-66 provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [amending this section and sections

152, 153, and 309 of this title] are effective on the date of

enactment of this Act [Aug. 10, 1993].

"(2) Effective dates of mobile service amendments. - The

amendments made by subsection (b)(2) [amending this section and

sections 152 and 153 of this title] shall be effective on the date

of enactment of this Act [Aug. 10, 1993], except that -

"(A) section 332(c)(3)(A) of the Communications Act of 1934

[subsec. (c)(3)(A) of this section], as amended by such

subsection, shall take effect 1 year after such date of

enactment; and

"(B) any private land mobile service provided by any person

before such date of enactment, and any paging service utilizing

frequencies allocated as of January 1, 1993, for private land

mobile services, shall, except for purposes of section 332(c)(6)

of such Act [subsec. (c)(6) of this section], be treated as a

private mobile service until 3 years after such date of

enactment."

AVAILABILITY OF PROPERTY

Section 704(c) of Pub. L. 104-104 provided that: "Within 180 days

of the enactment of this Act [Feb. 8, 1996], the President or his

designee shall prescribe procedures by which Federal departments

and agencies may make available on a fair, reasonable, and

nondiscriminatory basis, property, rights-of-way, and easements

under their control for the placement of new telecommunications

services that are dependent, in whole or in part, upon the

utilization of Federal spectrum rights for the transmission or

reception of such services. These procedures may establish a

presumption that requests for the use of property, rights-of-way,

and easements by duly authorized providers should be granted absent

unavoidable direct conflict with the department or agency's

mission, or the current or planned use of the property,

rights-of-way, and easements in question. Reasonable fees may be

charged to providers of such telecommunications services for use of

property, rights-of-way, and easements. The Commission shall

provide technical support to States to encourage them to make

property, rights-of-way, and easements under their jurisdiction

available for such purposes."

TRANSITIONAL RULEMAKING FOR MOBILE SERVICE PROVIDERS

Section 6002(d)(3) of Pub. L. 103-66 provided that: "Within 1

year after the date of enactment of this Act [Aug. 10, 1993], the

Federal Communications Commission -

"(A) shall issue such modifications or terminations of the

regulations applicable (before the date of enactment of this Act)

to private land mobile services as are necessary to implement the

amendments made by subsection (b)(2) [amending this section and

sections 152 and 153 of this title];

"(B) in the regulations that will, after such date of

enactment, apply to a service that was a private land mobile

service and that becomes a commercial mobile service (as a

consequence of such amendments), shall make such other

modifications or terminations as may be necessary and practical

to assure that licensees in such service are subjected to

technical requirements that are comparable to the technical

requirements that apply to licensees that are providers of

substantially similar common carrier services;

"(C) shall issue such other regulations as are necessary to

implement the amendments made by subsection (b)(2); and

"(D) shall include, in such regulations, modifications, and

terminations, such provisions as are necessary to provide for an

orderly transition."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 153, 160, 222, 253,

271, 309, 1001, 1002 of this title.

-End-

-CITE-

47 USC Sec. 333 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 333. Willful or malicious interference

-STATUTE-

No person shall willfully or maliciously interfere with or cause

interference to any radio communications of any station licensed or

authorized by or under this chapter or operated by the United

States Government.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 333, as added Pub. L.

101-396, Sec. 9, Sept. 28, 1990, 104 Stat. 850.)

-End-

-CITE-

47 USC Sec. 334 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 334. Limitation on revision of equal employment opportunity

regulations

-STATUTE-

(a) Limitation

Except as specifically provided in this section, the Commission

shall not revise -

(1) the regulations concerning equal employment opportunity as

in effect on September 1, 1992 (47 C.F.R. 73.2080) as such

regulations apply to television broadcast station licensees and

permittees; or

(2) the forms used by such licensees and permittees to report

pertinent employment data to the Commission.

(b) Midterm review

The Commission shall revise the regulations described in

subsection (a) of this section to require a midterm review of

television broadcast station licensees' employment practices and to

require the Commission to inform such licensees of necessary

improvements in recruitment practices identified as a consequence

of such review.

The Commission may revise the regulations described in subsection

(a) of this section to make nonsubstantive technical or clerical

revisions in such regulations as necessary to reflect changes in

technology, terminology, or Commission organization.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 334, as added Pub. L.

102-385, Sec. 22(f), Oct. 5, 1992, 106 Stat. 1499.)

-MISC1-

EFFECTIVE DATE

Section effective 60 days after Oct. 5, 1992, see section 28 of

Pub. L. 102-385, set out as an Effective Date of 1992 Amendment

note under section 325 of this title.

-End-

-CITE-

47 USC Sec. 335 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 335. Direct broadcast satellite service obligations

-STATUTE-

(a) Proceeding required to review DBS responsibilities

The Commission shall, within 180 days after October 5, 1992,

initiate a rulemaking proceeding to impose, on providers of direct

broadcast satellite service, public interest or other requirements

for providing video programming. Any regulations prescribed

pursuant to such rulemaking shall, at a minimum, apply the access

to broadcast time requirement of section 312(a)(7) of this title

and the use of facilities requirements of section 315 of this title

to providers of direct broadcast satellite service providing video

programming. Such proceeding also shall examine the opportunities

that the establishment of direct broadcast satellite service

provides for the principle of localism under this chapter, and the

methods by which such principle may be served through technological

and other developments in, or regulation of, such service.

(b) Carriage obligations for noncommercial, educational, and

informational programming

(1) Channel capacity required

The Commission shall require, as a condition of any provision,

initial authorization, or authorization renewal for a provider of

direct broadcast satellite service providing video programming,

that the provider of such service reserve a portion of its

channel capacity, equal to not less than 4 percent nor more than

7 percent, exclusively for noncommercial programming of an

educational or informational nature.

(2) Use of unused channel capacity

A provider of such service may utilize for any purpose any

unused channel capacity required to be reserved under this

subsection pending the actual use of such channel capacity for

noncommercial programming of an educational or informational

nature.

(3) Prices, terms, and conditions; editorial control

A provider of direct broadcast satellite service shall meet the

requirements of this subsection by making channel capacity

available to national educational programming suppliers, upon

reasonable prices, terms, and conditions, as determined by the

Commission under paragraph (4). The provider of direct broadcast

satellite service shall not exercise any editorial control over

any video programming provided pursuant to this subsection.

(4) Limitations

In determining reasonable prices under paragraph (3) -

(A) the Commission shall take into account the nonprofit

character of the programming provider and any Federal funds

used to support such programming;

(B) the Commission shall not permit such prices to exceed,

for any channel made available under this subsection, 50

percent of the total direct costs of making such channel

available; and

shall exclude -

(i) marketing costs, general administrative costs, and

similar overhead costs of the provider of direct broadcast

satellite service; and

(ii) the revenue that such provider might have obtained by

making such channel available to a commercial provider of

video programming.

(5) Definitions

For purposes of this subsection -

(A) The term "provider of direct broadcast satellite service"

means -

(i) a licensee for a Ku-band satellite system under part

100 of title 47 of the Code of Federal Regulations; or

(ii) any distributor who controls a minimum number of

channels (as specified by Commission regulation) using a

Ku-band fixed service satellite system for the provision of

video programming directly to the home and licensed under

part 25 of title 47 of the Code of Federal Regulations.

(B) The term "national educational programming supplier"

includes any qualified noncommercial educational television

station, other public telecommunications entities, and public

or private educational institutions.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 335, as added Pub. L.

102-385, Sec. 25(a), Oct. 5, 1992, 106 Stat. 1501.)

-MISC1-

EFFECTIVE DATE

Section effective 60 days after Oct. 5, 1992, see section 28 of

Pub. L. 102-385, set out as an Effective Date of 1992 Amendment

note under section 325 of this title.

-End-

-CITE-

47 USC Sec. 336 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 336. Broadcast spectrum flexibility

-STATUTE-

(a) Commission action

If the Commission determines to issue additional licenses for

advanced television services, the Commission -

(1) should limit the initial eligibility for such licenses to

persons that, as of the date of such issuance, are licensed to

operate a television broadcast station or hold a permit to

construct such a station (or both); and

(2) shall adopt regulations that allow the holders of such

licenses to offer such ancillary or supplementary services on

designated frequencies as may be consistent with the public

interest, convenience, and necessity.

(b) Contents of regulations

In prescribing the regulations required by subsection (a) of this

section, the Commission shall -

(1) only permit such licensee or permittee to offer ancillary

or supplementary services if the use of a designated frequency

for such services is consistent with the technology or method

designated by the Commission for the provision of advanced

television services;

(2) limit the broadcasting of ancillary or supplementary

services on designated frequencies so as to avoid derogation of

any advanced television services, including high definition

television broadcasts, that the Commission may require using such

frequencies;

(3) apply to any other ancillary or supplementary service such

of the Commission's regulations as are applicable to the offering

of analogous services by any other person, except that no

ancillary or supplementary service shall have any rights to

carriage under section 534 or 535 of this title or be deemed a

multichannel video programming distributor for purposes of

section 548 of this title;

(4) adopt such technical and other requirements as may be

necessary or appropriate to assure the quality of the signal used

to provide advanced television services, and may adopt

regulations that stipulate the minimum number of hours per day

that such signal must be transmitted; and

(5) prescribe such other regulations as may be necessary for

the protection of the public interest, convenience, and

necessity.

If the Commission grants a license for advanced television

services to a person that, as of the date of such issuance, is

licensed to operate a television broadcast station or holds a

permit to construct such a station (or both), the Commission shall,

as a condition of such license, require that either the additional

license or the original license held by the licensee be surrendered

to the Commission for reallocation or reassignment (or both)

pursuant to Commission regulation.

(d) Public interest requirement

Nothing in this section shall be construed as relieving a

television broadcasting station from its obligation to serve the

public interest, convenience, and necessity. In the Commission's

review of any application for renewal of a broadcast license for a

television station that provides ancillary or supplementary

services, the television licensee shall establish that all of its

program services on the existing or advanced television spectrum

are in the public interest. Any violation of the Commission rules

applicable to ancillary or supplementary services shall reflect

upon the licensee's qualifications for renewal of its license.

(e) Fees

(1) Services to which fees apply

If the regulations prescribed pursuant to subsection (a) of

this section permit a licensee to offer ancillary or

supplementary services on a designated frequency -

(A) for which the payment of a subscription fee is required

in order to receive such services, or

(B) for which the licensee directly or indirectly receives

compensation from a third party in return for transmitting

material furnished by such third party (other than commercial

advertisements used to support broadcasting for which a

subscription fee is not required),

the Commission shall establish a program to assess and collect

from the licensee for such designated frequency an annual fee or

other schedule or method of payment that promotes the objectives

described in subparagraphs (A) and (B) of paragraph (2).

(2) Collection of fees

The program required by paragraph (1) shall -

(A) be designed (i) to recover for the public a portion of

the value of the public spectrum resource made available for

such commercial use, and (ii) to avoid unjust enrichment

through the method employed to permit such uses of that

resource;

(B) recover for the public an amount that, to the extent

feasible, equals but does not exceed (over the term of the

license) the amount that would have been recovered had such

services been licensed pursuant to the provisions of section

309(j) of this title and the Commission's regulations

thereunder; and

to continue to comply with the requirements of this paragraph.

(3) Treatment of revenues

(A) General rule

Except as provided in subparagraph (B), all proceeds obtained

pursuant to the regulations required by this subsection shall

be deposited in the Treasury in accordance with chapter 33 of

title 31.

(B) Retention of revenues

Notwithstanding subparagraph (A), the salaries and expenses

account of the Commission shall retain as an offsetting

collection such sums as may be necessary from such proceeds for

the costs of developing and implementing the program required

by this section and regulating and supervising advanced

television services. Such offsetting collections shall be

available for obligation subject to the terms and conditions of

the receiving appropriations account, and shall be deposited in

such accounts on a quarterly basis.

(4) Report

Within 5 years after February 8, 1996, the Commission shall

report to the Congress on the implementation of the program

required by this subsection, and shall annually thereafter advise

the Congress on the amounts collected pursuant to such program.

(f) Preservation of low-power community television broadcasting

(1) Creation of class A licenses

(A) Rulemaking required

Within 120 days after November 29, 1999, the Commission shall

prescribe regulations to establish a class A television license

to be available to licensees of qualifying low-power television

stations. Such regulations shall provide that -

(i) the license shall be subject to the same license terms

and renewal standards as the licenses for full-power

television stations except as provided in this subsection;

and

(ii) each such class A licensee shall be accorded primary

status as a television broadcaster as long as the station

continues to meet the requirements for a qualifying low-power

station in paragraph (2).

(B) Notice to and certification by licensees

Within 30 days after November 29, 1999, the Commission shall

send a notice to the licensees of all low-power television

licenses that describes the requirements for class A

designation. Within 60 days after November 29, 1999, licensees

intending to seek class A designation shall submit to the

Commission a certification of eligibility based on the

qualification requirements of this subsection. Absent a

material deficiency, the Commission shall grant certification

of eligibility to apply for class A status.

Consistent with the requirements set forth in paragraph

(2)(A) of this subsection, a licensee may submit an application

for class A designation under this paragraph within 30 days

after final regulations are adopted under subparagraph (A) of

this paragraph. Except as provided in paragraphs (6) and (7),

the Commission shall, within 30 days after receipt of an

application of a licensee of a qualifying low-power television

station that is acceptable for filing, award such a class A

television station license to such licensee.

(D) Resolution of technical problems

The Commission shall act to preserve the service areas of

low-power television licensees pending the final resolution of

a class A application. If, after granting certification of

eligibility for a class A license, technical problems arise

requiring an engineering solution to a full-power station's

allotted parameters or channel assignment in the digital

television Table of Allotments, the Commission shall make such

modifications as necessary -

(i) to ensure replication of the full-power digital

television applicant's service area, as provided for in

sections 73.622 and 73.623 of the Commission's regulations

(47 CFR 73.622, 73.623); and

(ii) to permit maximization of a full-power digital

television applicant's service area consistent with such

sections 73.622 and 73.623,

if such applicant has filed an application for maximization or

a notice of its intent to seek such maximization by December

31, 1999, and filed a bona fide application for maximization by

May 1, 2000. Any such applicant shall comply with all

applicable Commission rules regarding the construction of

digital television facilities.

(E) Change applications

If a station that is awarded a construction permit to

maximize or significantly enhance its digital television

service area, later files a change application to reduce its

digital television service area, the protected contour of that

station shall be reduced in accordance with such change

modification.

(2) Qualifying low-power television stations

For purposes of this subsection, a station is a qualifying

low-power television station if -

(A)(i) during the 90 days preceding November 29, 1999 -

(I) such station broadcast a minimum of 18 hours per day;

(II) such station broadcast an average of at least 3 hours

per week of programming that was produced within the market

area served by such station, or the market area served by a

group of commonly controlled low-power stations that carry

common local programming produced within the market area

served by such group; and

(III) such station was in compliance with the Commission's

requirements applicable to low-power television stations; and

(ii) from and after the date of its application for a class A

license, the station is in compliance with the Commission's

operating rules for full-power television stations; or

(B) the Commission determines that the public interest,

convenience, and necessity would be served by treating the

station as a qualifying low-power television station for

purposes of this section, or for other reasons determined by

the Commission.

(3) Common ownership

No low-power television station authorized as of November 29,

1999, shall be disqualified for a class A license based on common

ownership with any other medium of mass communication.

(4) Issuance of licenses for advanced television services to

television translator stations and qualifying low-power

television stations

The Commission is not required to issue any additional license

for advanced television services to the licensee of a class A

television station under this subsection, or to any licensee of

any television translator station, but shall accept a license

application for such services proposing facilities that will not

cause interference to the service area of any other broadcast

facility applied for, protected, permitted, or authorized on the

date of filing of the advanced television application. Such new

license or the original license of the applicant shall be

forfeited after the end of the digital television service

transition period, as determined by the Commission. A licensee of

a low-power television station or television translator station

may, at the option of licensee, elect to convert to the provision

of advanced television services on its analog channel, but shall

not be required to convert to digital operation until the end of

such transition period.

(5) No preemption of section 337

Nothing in this subsection preempts or otherwise affects

section 337 of this title.

(6) Interim qualification

(A) Stations operating within certain bandwidth

The Commission may not grant a class A license to a low-power

television station for operation between 698 and 806 megahertz,

but the Commission shall provide to low-power television

stations assigned to and temporarily operating in that

bandwidth the opportunity to meet the qualification

requirements for a class A license. If such a qualified

applicant for a class A license is assigned a channel within

the core spectrum (as such term is defined in MM Docket No.

87-286, February 17, 1998), the Commission shall issue a class

A license simultaneously with the assignment of such channel.

(B) Certain channels off-limits

The Commission may not grant under this subsection a class A

license to a low-power television station operating on a

channel within the core spectrum that includes any of the 175

additional channels referenced in paragraph 45 of its February

23, 1998, Memorandum Opinion and Order on Reconsideration of

the Sixth Report and Order (MM Docket No. 87-268). Within 18

months after November 29, 1999, the Commission shall identify

by channel, location, and applicable technical parameters those

175 channels.

(7) No interference requirement

The Commission may not grant a class A license, nor approve a

modification of a class A license, unless the applicant or

licensee shows that the class A station for which the license or

modification is sought will not cause -

(A) interference within -

(i) the predicted Grade B contour (as of the date of the

enactment of the Community Broadcasters Protection Act of

1999 [November 29, 1999], or November 1, 1999, whichever is

later, or as proposed in a change application filed on or

before such date) of any television station transmitting in

analog format; or

(ii)(I) the digital television service areas provided in

the DTV Table of Allotments; (II) the areas protected in the

Commission's digital television regulations (47 CFR 73.622(e)

and (f)); (III) the digital television service areas of

stations subsequently granted by the Commission prior to the

filing of a class A application; and (IV) stations seeking to

maximize power under the Commission's rules, if such station

has complied with the notification requirements in paragraph

(1)(D);

(B) interference within the protected contour of any

low-power television station or low-power television translator

station that -

(i) was licensed prior to the date on which the application

for a class A license, or for the modification of such a

license, was filed;

(ii) was authorized by construction permit prior to such

date; or

(iii) had a pending application that was submitted prior to

such date; or

from the geographic center of the areas listed in section

22.625(b)(1) or 90.303 of the Commission's regulations (47 CFR

22.625(b)(1) and 90.303) for frequencies in -

(i) the 470-512 megahertz band identified in section 22.621

or 90.303 of such regulations; or

(ii) the 482-488 megahertz band in New York.

(8) Priority for displaced low-power stations

Low-power stations that are displaced by an application filed

under this section shall have priority over other low-power

stations in the assignment of available channels.

(g) Evaluation

Within 10 years after the date the Commission first issues

additional licenses for advanced television services, the

Commission shall conduct an evaluation of the advanced television

services program. Such evaluation shall include -

(1) an assessment of the willingness of consumers to purchase

the television receivers necessary to receive broadcasts of

advanced television services;

(2) an assessment of alternative uses, including public safety

use, of the frequencies used for such broadcasts; and

(3) the extent to which the Commission has been or will be able

to reduce the amount of spectrum assigned to licensees.

(h) Provision of digital data service by low-power television

stations

(1) Within 60 days after receiving a request (made in such form

and manner and containing such information as the Commission may

require) under this subsection from a low-power television station

to which this subsection applies, the Commission shall authorize

the licensee or permittee of that station to provide digital data

service subject to the requirements of this subsection as a pilot

project to demonstrate the feasibility of using low-power

television stations to provide high-speed wireless digital data

service, including Internet access to unserved areas.

(2) The low-power television stations to which this subsection

applies are as follows:

(A) KHLM-LP, Houston, Texas.

(B) WTAM-LP, Tampa, Florida.

(D) WVBG-LP, Albany, New York.

(E) KHHI-LP, Honolulu, Hawaii.

(F) KPHE-LP (K19DD), Phoenix, Arizona.

(G) K34FI, Bozeman, Montana.

(H) K65GZ, Bozeman, Montana.

(I) WXOB-LP, Richmond, Virginia.

(J) WIIW-LP, Nashville, Tennessee.

(K) A station and repeaters to be determined by the Federal

Communications Commission for the sole purpose of providing

service to communities in the Kenai Peninsula Borough and

Matanuska Susitna Borough.

(L) WSPY-LP, Plano, Illinois.

(M) W24AJ, Aurora, Illinois.

(3) Notwithstanding any requirement of section 553 of title 5,

the Commission shall promulgate regulations establishing the

procedures, consistent with the requirements of paragraphs (4) and

(5), governing the pilot projects for the provision of digital data

services by certain low power television licensees within 120 days

after the date of enactment of LPTV Digital Data Services Act.(!1)

The regulations shall set forth -

(A) requirements as to the form, manner, and information

required for submitting requests to the Commission to provide

digital data service as a pilot project;

(B) procedures for testing interference to digital television

receivers caused by any pilot project station or remote

transmitter;

remote transmitter or both that causes interference to any analog

or digital full-power television stations, class A television

station, television translators or any other users of the core

television band;

(D) specifications for reports to be filed quarterly by each

low power television licensee participating in a pilot project;

(E) procedures by which a low power television licensee

participating in a pilot project shall notify television

broadcast stations in the same market upon commencement of

digital data services and for ongoing coordination with local

broadcasters during the test period; and

(F) procedures for the receipt and review of interference

complaints on an expedited basis consistent with paragraph

(5)(D).

(4) A low-power television station to which this subsection

applies may not provide digital data service unless -

(A) the provision of that service, including any remote

return-path transmission in the case of 2-way digital data

service, does not cause any interference in violation of the

Commission's existing rules, regarding interference caused by low

power television stations to full-service analog or digital

television stations, class A television stations, or television

translator stations; and

(B) the station complies with the Commission's regulations

governing safety, environmental, and sound engineering practices,

and any other Commission regulation under paragraph (3) governing

pilot program operations.

(5)(A) The Commission may limit the provision of digital data

service by a low-power television station to which this subsection

applies if the Commission finds that -

(i) the provision of 2-way digital data service by that station

causes any interference that cannot otherwise be remedied; or

(ii) the provision of 1-way digital data service by that

station causes any interference.

(B) The Commission shall grant any such station, upon application

(made in such form and manner and containing such information as

the Commission may require) by the licensee or permittee of that

station, authority to move the station to another location, to

modify its facilities to operate on a different channel, or to use

booster or auxiliary transmitting locations, if the grant of

authority will not cause interference to the allowable or protected

service areas of full service digital television stations, National

Television Standards Committee assignments, or television

translator stations, and provided, however, no such authority shall

be granted unless it is consistent with existing Commission

regulations relating to the movement, modification, and use of

non-class A low power television transmission facilities in order -

(i) to operate within television channels 2 through 51,

inclusive; or

(ii) to demonstrate the utility of low-power television

stations to provide high-speed 2-way wireless digital data

service.

station authorized to provide digital data services under this

subsection that include -

(i) information on the station's experience with interference

complaints and the resolution thereof;

(ii) information on the station's market success in providing

digital data service; and

(iii) such other information as the Commission may require in

order to administer this subsection.

(D) The Commission shall resolve any complaints of interference

with television reception caused by any station providing digital

data service authorized under this subsection within 60 days after

the complaint is received by the Commission.

(6) The Commission shall assess and collect from any low-power

television station authorized to provide digital data service under

this subsection an annual fee or other schedule or method of

payment comparable to any fee imposed under the authority of this

chapter on providers of similar services. Amounts received by the

Commission under this paragraph may be retained by the Commission

as an offsetting collection to the extent necessary to cover the

costs of developing and implementing the pilot program authorized

by this subsection, and regulating and supervising the provision of

digital data service by low-power television stations under this

subsection. Amounts received by the Commission under this paragraph

in excess of any amount retained under the preceding sentence shall

be deposited in the Treasury in accordance with chapter 33 of title

31.

(7) In this subsection, the term "digital data service" includes

(A) digitally-based interactive broadcast service; and

(B) wireless Internet access, without regard to -

(i) whether such access is -

(I) provided on a one-way or a two-way basis;

(II) portable or fixed; or

(III) connected to the Internet via a band allocated to

Interactive Video and Data Service; and

(ii) the technology employed in delivering such service,

including the delivery of such service via multiple

transmitters at multiple locations.

(8) Nothing in this subsection limits the authority of the

Commission under any other provision of law.

(i) Definitions

As used in this section:

(1) Advanced television services

The term "advanced television services" means television

services provided using digital or other advanced technology as

further defined in the opinion, report, and order of the

Commission entitled "Advanced Television Systems and Their Impact

Upon the Existing Television Broadcast Service", MM Docket

87-268, adopted September 17, 1992, and successor proceedings.

(2) Designated frequencies

The term "designated frequency" means each of the frequencies

designated by the Commission for licenses for advanced television

services.

(3) High definition television

The term "high definition television" refers to systems that

offer approximately twice the vertical and horizontal resolution

of receivers generally available on February 8, 1996, as further

defined in the proceedings described in paragraph (1) of this

subsection.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 336, as added Pub. L.

104-104, title II, Sec. 201, Feb. 8, 1996, 110 Stat. 107; Pub. L.

106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5008(c)], Nov. 29,

1999, 113 Stat. 1536, 1501A-595; Pub. L. 106-554, Sec. 1(a)(4)

[div. B, title I, Sec. 143(a)], Dec. 21, 2000, 114 Stat. 2763,

2763A-235.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of LPTV Digital Data Services Act, referred

to in subsec. (h)(3), probably means the date of enactment of Pub.

L. 106-554, which enacted subsec. (h) of this section, and which

was approved Dec. 21, 2000. There is no public law with that short

title.

-MISC1-

AMENDMENTS

2000 - Subsecs. (h), (i). Pub. L. 106-554 added subsec. (h) and

redesignated former subsec. (h) as (i).

1999 - Subsecs. (f) to (h). Pub. L. 106-113 added subsec. (f) and

redesignated former subsecs. (f) and (g) as (g) and (h),

respectively.

TRANSITION TO DIGITAL TELEVISION

Pub. L. 107-188, title V, Sec. 531, June 12, 2002, 116 Stat. 695,

provided that:

"(a) Pair Assignment Required. - In order to further promote the

orderly transition to digital television, and to promote the

equitable allocation and use of digital channels by television

broadcast permittees and licensees, the Federal Communications

Commission, at the request of an eligible licensee or permittee,

shall, within 90 days after the date of enactment of this Act [June

12, 2002], allot, if necessary, and assign a paired digital

television channel to that licensee or permittee, provided that -

"(1) such channel can be allotted and assigned without further

modification of the tables of allotments as set forth in sections

73.606 and 73.622 of the Commission's regulations (47 CFR 73.606,

73.622); and

"(2) such allotment and assignment is otherwise consistent with

the Commission's rules (47 CFR part 73).

"(b) Eligible Transition Licensee or Permittee. - For purposes of

subsection (a), the term 'eligible licensee or permittee' means

only a full power television broadcast licensee or permittee (or

its successor in interest) that -

"(1) had an application pending for an analog television

station construction permit as of October 24, 1991, which

application was granted after April 3, 1997; and

"(2) as of the date of enactment of this Act [June 12, 2002],

is the permittee or licensee of that station.

"(c) Requirements on Licensee or Permittee. -

"(1) Construction deadline. - Any licensee or permittee

receiving a paired digital channel pursuant to this section -

"(A) shall be required to construct the digital television

broadcast facility within 18 months of the date on which the

Federal Communications Commission issues a construction permit

therefore, and

"(B) shall be prohibited from obtaining or receiving an

extension of time from the Commission beyond the construction

deadline established by paragraph (1).

"(2) Prohibition of analog operation using digital pair. - Any

licensee or permittee receiving a paired digital channel pursuant

to this section shall be prohibited from giving up its current

paired analog assignment and becoming a single-channel

broadcaster and operating in analog on such paired digital

channel.

"(d) Relief Restricted. - Any paired digital allotment and

assignment made under this section shall not be available to any

other applicant unless such applicant is an eligible licensee or

permittee within the meaning of subsection (b)."

REPORTS ON PROVISION OF DIGITAL DATA SERVICE BY LOW-POWER

TELEVISION STATIONS

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 143(b)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-238, provided that: "The

Federal Communications Commission shall submit a report to the

Congress on June 30, 2001, and June 30, 2002, evaluating the

utility of using low-power television stations to provide

high-speed digital data service. The reports shall be based on the

pilot projects authorized by section 336(h) of the Communications

Act of 1934 (47 U.S.C. 336(h))."

CONGRESSIONAL FINDINGS REGARDING LOW-POWER BROADCASTERS

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5008(b)],

Nov. 29, 1999, 113 Stat. 1536, 1501A-594, provided that: "Congress

finds the following:

"(1) Since the creation of low-power television licenses by the

Federal Communications Commission, a small number of license

holders have operated their stations in a manner beneficial to

the public good providing broadcasting to their communities that

would not otherwise be available.

"(2) These low-power broadcasters have operated their stations

in a manner consistent with the programming objectives and hours

of operation of full-power broadcasters providing worthwhile

services to their respective communities while under severe

license limitations compared to their full-power counterparts.

"(3) License limitations, particularly the temporary nature of

the license, have blocked many low-power broadcasters from having

access to capital, and have severely hampered their ability to

continue to provide quality broadcasting, programming, or

improvements.

"(4) The passage of the Telecommunications Act of 1996 [Pub. L.

104-104, see Short Title of 1996 Amendment note set out under

section 609 of this title] has added to the uncertainty of the

future status of these stations by the lack of specific

provisions regarding the permanency of their licenses, or their

treatment during the transition to high definition, digital

television.

"(5) It is in the public interest to promote diversity in

television programming such as that currently provided by

low-power television stations to foreign-language communities."

-EXEC-

EXECUTIVE ORDER NO. 13038

Ex. Ord. No. 13038, Mar. 11, 1997, 62 F.R. 12065, as amended by

Ex. Ord. No. 13062, Sec. 5, Sept. 29, 1997, 62 F.R. 51756; Ex. Ord.

No. 13065, Oct. 22, 1997, 62 F.R. 55329; Ex. Ord. No. 13081, Apr.

30, 1998, 63 F.R. 24385; Ex. Ord. No. 13102, Sept. 25, 1998, 63

F.R. 52125, which established the Advisory Committee on the Public

Interest Obligations of Digital Television Broadcasters, was

revoked by Ex. Ord. No. 13138, Sec. 3(b), Sept. 30, 1999, 64 F.R.

53880, formerly set out as a note under section 14 of the Federal

Advisory Committee Act in the Appendix to Title 5, Government

Organization and Employees.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

47 USC Sec. 337 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 337. Allocation and assignment of new public safety services

licenses and commercial licenses

-STATUTE-

(a) In general

Not later than January 1, 1998, the Commission shall allocate the

electromagnetic spectrum between 746 megahertz and 806 megahertz,

inclusive, as follows:

(1) 24 megahertz of that spectrum for public safety services

according to the terms and conditions established by the

Commission, in consultation with the Secretary of Commerce and

the Attorney General; and

(2) 36 megahertz of that spectrum for commercial use to be

assigned by competitive bidding pursuant to section 309(j) of

this title.

(b) Assignment

The Commission shall commence assignment of licenses for public

safety services created pursuant to subsection (a) of this section

no later than September 30, 1998.

(1) Use of unused channels for public safety services

Upon application by an entity seeking to provide public safety

services, the Commission shall waive any requirement of this

chapter or its regulations implementing this chapter (other than

its regulations regarding harmful interference) to the extent

necessary to permit the use of unassigned frequencies for the

provision of public safety services by such entity. An

application shall be granted under this subsection if the

Commission finds that -

(A) no other spectrum allocated to public safety services is

immediately available to satisfy the requested public safety

service use;

(B) the requested use is technically feasible without causing

harmful interference to other spectrum users entitled to

protection from such interference under the Commission's

regulations;

public safety services is consistent with other allocations for

the provision of such services in the geographic area for which

the application is made;

(D) the unassigned frequency was allocated for its present

use not less than 2 years prior to the date on which the

application is granted; and

(E) granting such application is consistent with the public

interest.

(2) Applicability

Paragraph (1) shall apply to any application to provide public

safety services that is pending or filed on or after August 5,

1997.

(d) Conditions on licenses

In establishing service rules with respect to licenses granted

pursuant to this section, the Commission -

(1) shall establish interference limits at the boundaries of

the spectrum block and service area;

(2) shall establish any additional technical restrictions

necessary to protect full-service analog television service and

digital television service during a transition to digital

television service;

(3) may permit public safety services licensees and commercial

licensees -

(A) to aggregate multiple licenses to create larger spectrum

blocks and service areas; and

(B) to disaggregate or partition licenses to create smaller

spectrum blocks or service areas; and

(4) shall establish rules insuring that public safety services

licensees using spectrum reallocated pursuant to subsection

(a)(1) of this section shall not be subject to harmful

interference from television broadcast licensees.

(e) Removal and relocation of incumbent broadcast licensees

(1) Channels 60 to 69

Any person who holds a television broadcast license to operate

between 746 and 806 megahertz may not operate at that frequency

after the date on which the digital television service transition

period terminates, as determined by the Commission.

(2) Incumbent qualifying low-power stations

After making any allocation or assignment under this section,

the Commission shall seek to assure, consistent with the

Commission's plan for allotments for digital television service,

that each qualifying low-power television station is assigned a

frequency below 746 megahertz to permit the continued operation

of such station.

(f) Definitions

For purposes of this section:

(1) Public safety services

The term "public safety services" means services -

(A) the sole or principal purpose of which is to protect the

safety of life, health, or property;

(B) that are provided -

(i) by State or local government entities; or

(ii) by nongovernmental organizations that are authorized

by a governmental entity whose primary mission is the

provision of such services; and

the provider.

(2) Qualifying low-power television stations

A station is a qualifying low-power television station if,

during the 90 days preceding August 5, 1997 -

(A) such station broadcast a minimum of 18 hours per day;

(B) such station broadcast an average of at least 3 hours per

week of programming that was produced within the market area

served by such station; and

applicable to low-power television stations.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 337, as added Pub. L.

105-33, title III, Sec. 3004, Aug. 5, 1997, 111 Stat. 266; amended

Pub. L. 106-79, title VIII, Sec. 8124(a), Oct. 25, 1999, 113 Stat.

1262; Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec.

213(a)(1), (d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-295,

1501A-297.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(5) [title II,

Sec. 213(a)(1)], substituted "The Commission shall commence

assignment of licenses for public safety services created pursuant

to subsection (a) of this section no later than September 30,

1998." for "The Commission shall -

"(1) commence assignment of the licenses for public safety

services created pursuant to subsection (a) of this section no

later than September 30, 1998; and".

Subsec. (b)(2). Pub. L. 106-79, which struck out par. (2) reading

"commence competitive bidding for the commercial licenses created

pursuant to subsection (a) of this section after January 1, 2001.",

was repealed by Pub. L. 106-113, Sec. 1000(a)(5) [title II, Sec.

213(d)].

INTERFERENCE PROTECTION

Pub. L. 107-195, Sec. 6, June 19, 2002, 116 Stat. 717, provided

that:

"(a) Interference Waivers. - In granting a request by a

television broadcast station licensee assigned to any of channels

52-69 to utilize any channel of channels 2-51 that is assigned for

digital broadcasting in order to continue analog broadcasting

during the transition to digital broadcasting, the Federal

Communications Commission may not, either at the time of the grant

or thereafter, waive or otherwise reduce -

"(1) the spacing requirements provided for analog broadcasting

licensees within channels 2-51 as required by section 73.610 of

the Commission's rules (and the table contained therein) (47 CFR

73.610), or

"(2) the interference standards provided for digital

broadcasting licensees within channels 2-51 as required by

sections 73.622 and 73.623 of such rules (47 CFR 73.622, 73.623),

if such waiver or reduction will result in any degradation in or

loss of service, or an increased level of interference, to any

television household except as the Commission's rules would

otherwise expressly permit, exclusive of any waivers previously

granted.

"(b) Exception for Public Safety Channel Clearing. - The

restrictions in subsection (a) shall not apply to a station

licensee that is seeking authority (either by waiver or otherwise)

to vacate the frequencies that constitute television channel 63,

64, 68, or 69 in order to make such frequencies available for

public safety purposes pursuant to the provisions of section 337 of

the Communications Act of 1934 (47 U.S.C. 337)."

COMPETITIVE BIDDING PROCESS FOR COMMERCIAL LICENSES FOR ASSIGNED

FREQUENCIES

Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec. 213],

Nov. 29, 1999, 113 Stat. 1536, 1501A-295, as amended by Pub. L.

107-195, Sec. 3(b)(3), June 19, 2002, 116 Stat. 717, provided that:

"(a) Revised Schedule for Competitive Bidding of Spectrum. - (1)

[Amended subsec. (b) of this section.]

"[(2), (3) Repealed. Pub. L. 107-195, Sec. 3(b)(3), June 19,

2002, 116 Stat. 717.]

"(4)(A) To expedite the assignment by competitive bidding of the

frequencies identified in section 337(a)(2) of the Communications

Act of 1934 (47 U.S.C. 337(a)(2)), the rules governing such

frequencies shall be effective immediately upon publication in the

Federal Register without regard to sections 553(d), 801(a)(3),

804(2), and 806(a) of title 5, United States Code.

"(B) Chapter 6 of title 5, United States Code, section 3 of the

Small Business Act (15 U.S.C. 632), and sections 3507 and 3512 of

title 44, United States Code, shall not apply to the rules and

competitive bidding procedures governing the frequencies described

in subparagraph (A).

"(5) Notwithstanding section 309(b) of the Communications Act of

1934 (47 U.S.C. 309(b)), no application for an instrument of

authorization for the frequencies described in paragraph (4) may be

granted by the Federal Communications Commission earlier than 7

days following issuance of public notice by the Commission of the

acceptance for filing of such application or of any substantial

amendment thereto.

"(6) Notwithstanding section 309(d)(1) of the Communications Act

of 1934 (47 U.S.C. 309(d)(1)), the Federal Communications

Commission may specify a period (which shall be not less than 5

days following issuance of the public notice described in paragraph

(5)) for the filing of petitions to deny any application for an

instrument of authorization for the frequencies described in

paragraph (4).

"(b) Reports. - (1) Not later than 30 days after the date of the

enactment of this Act [Nov. 29, 1999], the Director of the Office

of Management and Budget and the Federal Communications Commission

shall each submit to the appropriate congressional committees a

report which shall -

"(A) set forth the anticipated schedule (including specific

dates) for -

"(i) preparing and conducting the competitive bidding process

required by subsection (a); and

"(ii) depositing the receipts of the competitive bidding

process;

"(B) set forth each significant milestone in the rulemaking

process with respect to the competitive bidding process; and

"(C) include an explanation of the effect of each requirement

in subsection (a) on the schedule for the competitive bidding

process and any post-bidding activities (including the deposit of

receipts) when compared with the schedule for the competitive

bidding and any post-bidding activities (including the deposit of

receipts) that would otherwise have occurred under section

337(b)(2) of the Communications Act of 1934 (47 U.S.C. 337(b)(2))

if not for the enactment of subsection (a).

"(2) Not later than 60 days after the date of the enactment of

this Act [Nov. 29, 1999], the Federal Communications Commission

shall submit to the appropriate congressional committees a report

which shall set forth for each spectrum auction held by the

Commission since January 1, 1998, information on -

"(A) the time required for each stage of preparation for the

auction;

"(B) the date of the commencement and of the completion of the

auction;

"(C) the time which elapsed between the date of the completion

of the auction and the date of the first deposit of receipts from

the auction in the Treasury; and

"(D) the amounts, summarized by month, of all subsequent

deposits in a Treasury receipt account from the auction.

"(3) Not later than October 31, 2000, the Federal Communications

Commission shall submit to the appropriate congressional committees

a report which shall -

"(A) describe the course of the competitive bidding process

required by subsection (a) through September 30, 2000, including

the amount of any receipts from the competitive bidding process

deposited in the Treasury as of September 30, 2000; and

"(B) if the course of the competitive bidding process has

included any deviations from the schedule set forth under

paragraph (1)(A), an explanation for such deviations from the

schedule.

"(4) Each report required by this subsection shall be prepared by

the agency concerned without influence of any other Federal

department or agency.

"(5) In this subsection, the term "appropriate congressional

committees" means the following:

"(A) The Committees on Appropriations, the Budget, and

Commerce, Science, and Transportation of the Senate.

"(B) The Committees on Appropriations, the Budget, and Commerce

of the House of Representatives.

"(c) Construction. - Nothing in this section shall be construed

to supersede the requirements placed on the Federal Communications

Commission by section 337(d)(4) of the Communications Act of 1934

(47 U.S.C. 337(d)(4)).

"(d) Repeal of Superseded Provisions. - Section 8124 of the

Department of Defense Appropriations Act, 2000 [Pub. L. 106-79,

amending this section and enacting provisions formerly set out

under this section] is repealed."

Pub. L. 106-79, title VIII, Sec. 8124, Oct. 25, 1999, 113 Stat.

1262, related to the establishment of a competitive bidding process

for commercial licenses and required reports to Congressional

committees, prior to repeal by Pub. L. 106-113, div. B, Sec.

1000(a)(5) [title II, Sec. 213(d)], Nov. 29, 1999, 113 Stat. 1536,

1501A-297.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 336 of this title.

-End-

-CITE-

47 USC Sec. 338 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 338. Carriage of local television signals by satellite

carriers

-STATUTE-

(a) Carriage obligations

(1) In general

Subject to the limitations of paragraph (2), each satellite

carrier providing, under section 122 of title 17, secondary

transmissions to subscribers located within the local market of a

television broadcast station of a primary transmission made by

that station shall carry upon request the signals of all

television broadcast stations located within that local market,

subject to section 325(b) of this title.

(2) Remedies for failure to carry

The remedies for any failure to meet the obligations under this

subsection shall be available exclusively under section 501(f) of

title 17.

(3) Effective date

No satellite carrier shall be required to carry local

television broadcast stations under paragraph (1) until January

1, 2002.

(b) Good signal required

(1) Costs

A television broadcast station asserting its right to carriage

under subsection (a) of this section shall be required to bear

the costs associated with delivering a good quality signal to the

designated local receive facility of the satellite carrier or to

another facility that is acceptable to at least one-half the

stations asserting the right to carriage in the local market.

(2) Regulations

The regulations issued under subsection (g) of this section

shall set forth the obligations necessary to carry out this

subsection.

(1) Commercial stations

Notwithstanding subsection (a) of this section, a satellite

carrier shall not be required to carry upon request the signal of

any local commercial television broadcast station that

substantially duplicates the signal of another local commercial

television broadcast station which is secondarily transmitted by

the satellite carrier within the same local market, or to carry

upon request the signals of more than one local commercial

television broadcast station in a single local market that is

affiliated with a particular television network unless such

stations are licensed to communities in different States.

(2) Noncommercial stations

The Commission shall prescribe regulations limiting the

carriage requirements under subsection (a) of this section of

satellite carriers with respect to the carriage of multiple local

noncommercial television broadcast stations. To the extent

possible, such regulations shall provide the same degree of

carriage by satellite carriers of such multiple stations as is

provided by cable systems under section 535 of this title.

(d) Channel positioning

No satellite carrier shall be required to provide the signal of a

local television broadcast station to subscribers in that station's

local market on any particular channel number or to provide the

signals in any particular order, except that the satellite carrier

shall retransmit the signal of the local television broadcast

stations to subscribers in the stations' local market on contiguous

channels and provide access to such station's signals at a

nondiscriminatory price and in a nondiscriminatory manner on any

navigational device, on-screen program guide, or menu.

(e) Compensation for carriage

A satellite carrier shall not accept or request monetary payment

or other valuable consideration in exchange either for carriage of

local television broadcast stations in fulfillment of the

requirements of this section or for channel positioning rights

provided to such stations under this section, except that any such

station may be required to bear the costs associated with

delivering a good quality signal to the local receive facility of

the satellite carrier.

(f) Remedies

(1) Complaints by broadcast stations

Whenever a local television broadcast station believes that a

satellite carrier has failed to meet its obligations under

subsections (b) through (e) of this section, such station shall

notify the carrier, in writing, of the alleged failure and

identify its reasons for believing that the satellite carrier

failed to comply with such obligations. The satellite carrier

shall, within 30 days after such written notification, respond in

writing to such notification and comply with such obligations or

state its reasons for believing that it is in compliance with

such obligations. A local television broadcast station that

disputes a response by a satellite carrier that it is in

compliance with such obligations may obtain review of such denial

or response by filing a complaint with the Commission. Such

complaint shall allege the manner in which such satellite carrier

has failed to meet its obligations and the basis for such

allegations.

(2) Opportunity to respond

The Commission shall afford the satellite carrier against which

a complaint is filed under paragraph (1) an opportunity to

present data and arguments to establish that there has been no

failure to meet its obligations under this section.

(3) Remedial actions; dismissal

Within 120 days after the date a complaint is filed under

paragraph (1), the Commission shall determine whether the

satellite carrier has met its obligations under subsections (b)

through (e) of this section. If the Commission determines that

the satellite carrier has failed to meet such obligations, the

Commission shall order the satellite carrier to take appropriate

remedial action. If the Commission determines that the satellite

carrier has fully met the requirements of such subsections, the

Commission shall dismiss the complaint.

(g) Regulations by Commission

Within 1 year after November 29, 1999, the Commission shall issue

regulations implementing this section following a rulemaking

proceeding. The regulations prescribed under this section shall

include requirements on satellite carriers that are comparable to

the requirements on cable operators under sections 534(b)(3) and

(4) and 535(g)(1) and (2) of this title.

(h) Definitions

As used in this section:

(1) Distributor

The term "distributor" means an entity which contracts to

distribute secondary transmissions from a satellite carrier and,

either as a single channel or in a package with other

programming, provides the secondary transmission either directly

to individual subscribers or indirectly through other program

distribution entities.

(2) Local receive facility

The term "local receive facility" means the reception point in

each local market which a satellite carrier designates for

delivery of the signal of the station for purposes of

retransmission.

(3) Local market

The term "local market" has the meaning given that term under

section 122(j) of title 17.

(4) Satellite carrier

The term "satellite carrier" has the meaning given such term

under section 119(d) of title 17.

(5) Secondary transmission

The term "secondary transmission" has the meaning given such

term in section 119(d) of title 17.

(6) Subscriber

The term "subscriber" has the meaning given that term under

section 122(j) of title 17.

(7) Television broadcast station

The term "television broadcast station" has the meaning given

such term in section 325(b)(7) of this title.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 338, as added Pub. L.

106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1008(a)], Nov. 29,

1999, 113 Stat. 1536, 1501A-531.)

-MISC1-

RURAL LOCAL TELEVISION SIGNALS

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title II], Nov. 29,

1999, 113 Stat. 1536, 1501A-544, provided that:

"SEC. 2001. SHORT TITLE.

"This title may be cited as the 'Rural Local Broadcast Signal

Act'.

"SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED

MARKETS.

"(a) In General. - Not later than 1 year after the date of the

enactment of this Act [Nov. 29, 1999], the Federal Communications

Commission ('the Commission') shall take all actions necessary to

make a determination regarding licenses or other authorizations for

facilities that will utilize, for delivering local broadcast

television station signals to satellite television subscribers in

unserved and underserved local television markets, spectrum

otherwise allocated to commercial use.

"(b) Rules. -

"(1) Form of business. - To the extent not inconsistent with

the Communications Act of 1934 [47 U.S.C. 151 et seq.] and the

Commission's rules, the Commission shall permit applicants under

subsection (a) to engage in partnerships, joint ventures, and

similar operating arrangements for the purpose of carrying out

subsection (a).

"(2) Harmful interference. - The Commission shall ensure that

no facility licensed or authorized under subsection (a) causes

harmful interference to the primary users of that spectrum or to

public safety spectrum use.

"(3) Limitation on commission. - Except as provided in

paragraphs (1) and (2), the Commission may not restrict any

entity granted a license or other authorization under subsection

(a) from using any reasonable compression, reformatting, or other

technology.

"(c) Report. - Not later than January 1, 2001, the Commission

shall report to the Agriculture, Appropriations, and the Judiciary

Committees of the Senate and the House of Representatives, the

Senate Committee on Commerce, Science, and Transportation, and the

House of Representatives Committee on Commerce [now Committee on

Energy and Commerce], on the extent to which licenses and other

authorizations under subsection (a) have facilitated the delivery

of local signals to satellite television subscribers in unserved

and underserved local television markets. The report shall include

"(1) an analysis of the extent to which local signals are being

provided by direct-to-home satellite television providers and by

other multichannel video program distributors;

"(2) an enumeration of the technical, economic, and other

impediments each type of multichannel video programming

distributor has encountered; and

"(3) recommendations for specific measures to facilitate the

provision of local signals to subscribers in unserved and

underserved markets by direct-to-home satellite television

providers and by other distributors of multichannel video

programming service."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 325 of this title; title

17 section 501.

-End-

-CITE-

47 USC Sec. 339 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5 - WIRE OR RADIO COMMUNICATION

SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

Part I - General Provisions

-HEAD-

Sec. 339. Carriage of distant television stations by satellite

carriers

-STATUTE-

(a) Provisions relating to carriage of distant signals

(1) Carriage permitted

(A) In general

Subject to section 119 of title 17, any satellite carrier

shall be permitted to provide the signals of no more than two

network stations in a single day for each television network to

any household not located within the local markets of those

network stations.

(B) Additional service

In addition to signals provided under subparagraph (A), any

satellite carrier may also provide service under the statutory

license of section 122 of title 17, to the local market within

which such household is located. The service provided under

section 122 of such title may be in addition to the two signals

provided under section 119 of such title.

(2) Penalty for violation

Any satellite carrier that knowingly and willfully provides the

signals of television stations to subscribers in violation of

this subsection shall be liable for a forfeiture penalty under

section 503 of this title in the amount of $50,000 for each

violation or each day of a continuing violation.

(b) Extension of network nonduplication, syndicated exclusivity,

and sports blackout to satellite retransmission

(1) Extension of protections

Within 45 days after November 29, 1999, the Commission shall

commence a single rulemaking proceeding to establish regulations

that -

(A) apply network nonduplication protection (47 CFR 76.92)

syndicated exclusivity protection (47 CFR 76.151), and sports

blackout protection (47 CFR 76.67) to the retransmission of the

signals of nationally distributed superstations by satellite

carriers to subscribers; and

(B) to the extent technically feasible and not economically

prohibitive, apply sports blackout protection (47 CFR 76.67) to

the retransmission of the signals of network stations by

satellite carriers to subscribers.

(2) Deadline for action

The Commission shall complete all actions necessary to

prescribe regulations required by this section so that the

regulations shall become effective within 1 year after November

29, 1999.

(1) Signal standard for satellite carrier purposes

For the purposes of identifying an unserved household under

section 119(d)(10) of title 17, within 1 year after November 29,

1999, the Commission shall conclude an inquiry to evaluate all

possible standards and factors for determining eligibility for

retransmissions of the signals of network stations, and, if

appropriate -

(A) recommend modifications to the Grade B intensity standard

for analog signals set forth in section 73.683(a) of its

regulations (47 CFR 73.683(a)), or recommend alternative

standards or factors for purposes of determining such

eligibility; and

(B) make a further recommendation relating to an appropriate

standard for digital signals.

(2) Waivers

A subscriber who is denied the retransmission of a signal of a

network station under section 119 of title 17 may request a

waiver from such denial by submitting a request, through such

subscriber's satellite carrier, to the network station asserting

that the retransmission is prohibited. The network station shall

accept or reject a subscriber's request for a waiver within 30

days after receipt of the request. The subscriber shall be

permitted to receive such retransmission under section

119(d)(10)(B) of title 17, if such station agrees to the waiver

request and files with the satellite carrier a written waiver

with respect to that subscriber allowing the subscriber to

receive such retransmission. If a television network station

fails to accept or reject a subscriber's request for a waiver

within the 30-day period after receipt of the request, that

station shall be deemed to agree to the waiver request and have

filed such written waiver.

(3) Establishment of improved predictive model required

Within 180 days after November 29, 1999, the Commission shall

take all actions necessary, including any reconsideration, to

develop and prescribe by rule a point-to-point predictive model

for reliably and presumptively determining the ability of

individual locations to receive signals in accordance with the

signal intensity standard in effect under section 119(d)(10)(A)

of title 17. In prescribing such model, the Commission shall rely

on the Individual Location Longley-Rice model set forth by the

Federal Communications Commission in Docket No. 98-201 and ensure

that such model takes into account terrain, building structures,

and other land cover variations. The Commission shall establish

procedures for the continued refinement in the application of the

model by the use of additional data as it becomes available.

(4) Objective verification

(A) In general

If a subscriber's request for a waiver under paragraph (2) is

rejected and the subscriber submits to the subscriber's

satellite carrier a request for a test verifying the

subscriber's inability to receive a signal that meets the

signal intensity standard in effect under section 119(d)(10)(A)

of title 17, the satellite carrier and the network station or

stations asserting that the retransmission is prohibited with

respect to that subscriber shall select a qualified and

independent person to conduct a test in accordance with section

73.686(d) of its regulations (47 CFR 73.686(d)), or any

successor regulation. Such test shall be conducted within 30

days after the date the subscriber submits a request for the

test. If the written findings and conclusions of a test

conducted in accordance with such section (or any successor

regulation) demonstrate that the subscriber does not receive a

signal that meets or exceeds the signal intensity standard in

effect under section 119(d)(10)(A) of title 17, the subscriber

shall not be denied the retransmission of a signal of a network

station under section 119 of title 17.

(B) Designation of tester and allocation of costs

If the satellite carrier and the network station or stations

asserting that the retransmission is prohibited are unable to

agree on such a person to conduct the test, the person shall be

designated by an independent and neutral entity designated by

the Commission by rule. Unless the satellite carrier and the

network station or stations otherwise agree, the costs of

conducting the test under this paragraph shall be borne by the

satellite carrier, if the station's signal meets or exceeds the

signal intensity standard in effect under section 119(d)(10)(A)

of title 17, or by the network station, if its signal fails to

meet or exceed such standard.

Commission regulations prescribed under this paragraph shall

seek to avoid any undue burden on any party.

(5) Definition

Notwithstanding subsection (d)(4) of this section, for purposes

of paragraphs (2) and (4) of this subsection, the term "satellite

carrier" includes a distributor (as defined in section 119(d)(1)

of title 17), but only if the satellite distributor's

relationship with the subscriber includes billing, collection,

service activation, and service deactivation.

(d) Definitions

For the purposes of this section:

(1) Local market

The term "local market" has the meaning given that term under

section 122(j) of title 17.

(2) Nationally distributed superstation

The term "nationally distributed superstation" means a

television broadcast station, licensed by the Commission, that -

(A) is not owned or operated by or affiliated with a

television network that, as of January 1, 1995, offered

interconnected program service on a regular basis for 15 or

more hours per week to at least 25 affiliated television

licensees in 10 or more States;

(B) on May 1, 1991, was retransmitted by a satellite carrier

and was not a network station at that time; and

carrier under the statutory license of section 119 of title 17.

(3) Network station

The term "network station" has the meaning given such term

under section 119(d) of title 17.

(4) Satellite carrier

The term "satellite carrier" has the meaning given such term

under section 119(d) of title 17.

(5) Television network

The term "television network" means a television network in the

United States which offers an interconnected program service on a

regular basis for 15 or more hours per week to at least 25

affiliated broadcast stations in 10 or more States.

-SOURCE-

(June 19, 1934, ch. 652, title III, Sec. 339, as added Pub. L.

106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1008(a)], Nov. 29,

1999, 113 Stat. 1536, 1501A-534; amended Pub. L. 106-553, Sec.

1(a)(2) [title X, Sec. 1008], Dec. 21, 2000, 114 Stat. 2762,

2762A-140.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(5). Pub. L. 106-553 added par. (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 325 of this title; title

17 section 119.

-End-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

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

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