I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:35:54. Database: USCODE Search: (47:CITE) ------DocID 54059 Document 1 of 303------ -CITE- 47 USC TITLE 47 -EXPCITE- TITLE 47 -HEAD- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS -MISC1- Chap. Sec. 1. Telegraphs 1 2. Submarine Cables 21 3. Radiotelegraphs (Repealed) 51 4. Radio Act of 1927 (Repealed or Omitted) 81 5. Wire or Radio Communication 151 6. Communications Satellite System 701 7. Campaign Communications (Repealed) 801 ------DocID 8215 Document 2 of 303------ -CITE- 5 USC CHAPTER 47 -EXPCITE- TITLE 5 PART III Subpart C CHAPTER 47 -HEAD- CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS -MISC1- Sec. 4701. Definitions. 4702. Research programs. 4703. Demonstration projects. 4704. Allocation of funds. 4705. Reports. 4706. Regulations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1103 of this title. ------DocID 10442 Document 3 of 303------ -CITE- 7 USC CHAPTER 47 -EXPCITE- TITLE 7 CHAPTER 47 -HEAD- CHAPTER 47 - INTERCHANGE OF DEPARTMENT OF AGRICULTURE AND STATE EMPLOYEES ------DocID 12125 Document 4 of 303------ -CITE- 10 USC CHAPTER 47 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 47 -HEAD- CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE -MISC1- Subchap. Sec. Art. --------------------------------------------------------------------- : : : --------------------------------------------------------------------- I. :General :801 :1 : Provisions : : II. :Apprehension :807 :7 : and Restraint : : III. :Non-Judicial :815 :15 : Punishment : : IV. :Court-Martial :816 :16 : Jurisdiction : : V. :Composition of :822 :22 : Courts-Martial: : VI. :Pre-Trial :830 :30 : Procedure : : VII. :Trial Procedure:836 :36 VIII. :Sentences :855 :55 IX. :Post-Trial :859 :59 : Procedure and : : : Review of : : : Courts-Martial: : X. :Punitive :877 :77 : Articles : : XI. :Miscellaneous :935 :135 : Provisions : : XII. :Court of :941 :141 : Military : : : Appeals : : ------------------------------- AMENDMENTS 1989 - Pub. L. 101-189, div. A, title XIII, Sec. 1304(a)(1), Nov. 29, 1989, 103 Stat. 1576, added item for subchapter XII. 1983 - Pub. L. 98-209, Sec. 5(h)(1), Dec. 6, 1983, 97 Stat. 1400, substituted 'IX. Post-Trial Procedure and Review of Courts-Martial' for 'IX. Review of Courts-Martial'. 1958 - Pub. L. 85-861, Sec. 33(a)(6), Sept. 2, 1958, 72 Stat. 1564, substituted 801, 807, 815, 816, 822, 830, 836, 855, 859, 877 and 935 for 1901, 1913, 1929, 1931, 1943, 1959, 1971, 2009, 2017, 2053 and 2169, respectively. -CROSS- CROSS REFERENCES Retirement benefits, forfeiture upon conviction of offenses described hereunder, see section 8312 of Title 5, Government Organization and Employees. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 951, 955, 1037, 1044a, 1094, 1552, 1553, 5148 of this title; title 5 sections 8312, 8313, 8331, 8401; title 18 sections 3551, 4247; title 28 section 535; title 37 section 559; title 42 sections 217, 10601; title 49 App. sections 1471, 1655; title 50 App. section 473. ------DocID 17084 Document 5 of 303------ -CITE- 14 USC Sec. 47 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 47. Vice Commandant; assignment; retirement -STATUTE- (a) The President may appoint, by and with the advice and consent of the Senate, one Vice Commandant who shall rank next after the Commandant, shall perform such duties as the Commandant may prescribe and shall act as Commandant during the absence or disability of the Commandant or in the event that there is a vacancy in the office of Commandant. The Vice Commandant shall be selected from the officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendation for such appointment. The Vice Commandant shall, while so serving, have the grade of vice admiral with pay and allowances of that grade. The appointment of a Vice Commandant shall be effective on the date the officer assumes such duty, and shall terminate on the date he is detached from such duty. (b) A Vice Commandant, while so serving, who is retired for physical disability shall be placed on the retired list with the grade of vice admiral. (c) An officer who is retired while serving as Vice Commandant, or who, after serving at least two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the grade of vice admiral. (d) An officer who, after serving less than two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, shall be retired in his permanent grade. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 499; May 14, 1960, Pub. L. 86-474, Sec. 1(6), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(5), (6), 77 Stat. 175; June 9, 1966, Pub. L. 89-444, Sec. 1(6), (7), 80 Stat. 195; Oct. 2, 1972, Pub. L. 92-451, Sec. 1(4), 86 Stat. 755; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(2), 96 Stat. 1301; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(2), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 11a, 12 (Apr. 16, 1908, ch. 145, Sec. 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; May 24, 1939, ch. 148, Sec. 2, 3, 53 Stat. 757; June 6, 1940, ch. 257, Sec. 1(b), 3, 54 Stat. 246; July 23, 1947, ch. 301, Sec. 2, 61 Stat. 410; May 19, 1948, ch. 305, 62 Stat. 239). Said sections have been divided. The provisions of the proviso of title 14, U.S.C., 1946 ed., Sec. 11a, and the first proviso of title 14, U.S.C., 1946 ed., Sec. 12, are placed in section 48 of this title and the remainder is placed in this section. The provisions regarding appointment of the Assistant Commandant and Engineer in Chief are coordinated, inasmuch as these positions are about equal in the Coast Guard organization. The qualification that the Engineer in Chief be appointed from the active list of engineering officers is changed to the active list of officers who have qualified for engineering duty, because there is no longer any provision for a corps of engineering officers. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Subsecs. (b), (c). Pub. L. 99-348, Sec. 205(b)(2)(A), struck out 'and retired pay' after 'with the grade'. Subsec. (d). Pub. L. 99-348, Sec. 205(b)(2)(B), struck out 'and with the retired pay of that grade' after 'permanent grade'. 1982 - Subsec. (a). Pub. L. 97-295 substituted 'a' for 'an' before 'Vice Commandant'. 1972 - Subsec. (a). Pub. L. 92-451 substituted 'Vice Commandant' for 'Assistant Commandant' in four places, and 'above the grade of captain' for 'in the grade of captain or above' in second sentence. Subsec. (b). Pub. L. 92-451 substituted 'A Vice Commandant' for 'An Assistant Commandant'. Subsecs. (c), (d). Pub. L. 92-451 substituted 'Vice Commandant' for 'Assistant Commandant' wherever appearing. 1966 - Subsec. (c). Pub. L. 89-444, Sec. 1(6), struck out requirement that Assistant Commandant serve 2 1/2 years as Assistant Commandant before becoming eligible for retirement with the grade and pay of vice admiral. Subsec. (d). Pub. L. 89-444, Sec. 1(7), struck out provision that section 334 of this title, which covers cases of retirement when a higher grade has been held, shall not apply to an officer retiring within 2 1/2 years of the date of his original assignment as Assistant Commandant. 1963 - Subsec. (a). Pub. L. 88-130, Sec. 1(5), substituted 'officers on the active duty promotion list serving in the grade of captain or above' for 'active list of officers who hold a permanent commission as captain or above'. Subsec. (d). Pub. L. 88-130, Sec. 1(6), substituted 'section 334' for 'section 243'. 1960 - Pub. L. 86-474 amended section generally, and, among other changes, required Assistant Commandant to be appointed from the active list of officers who hold a permanent commission as captain or above, raised grade of Assistant Commandant from rear admiral to vice admiral, increased his pay and allowances from that of a rear admiral (upper half) to that of a vice admiral, struck out provisions which related to an Engineer in Chief, and added subsecs. (b) to (d). EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of this title. EFFECTIVE DATE OF HIGHER GRADE AND INCREASED PAY AND ALLOWANCES The increased grade of vice admiral for the Vice Commandant, including the pay and allowances applicable to such grade, effective on the first day of the month following May 14, 1960, see section 2 of Pub. L. 86-474, set out as a note under section 44 of this title. ------DocID 17488 Document 6 of 303------ -CITE- 15 USC Sec. 47 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 47. Reference of suits under antitrust statutes to Commission -STATUTE- In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts, the court may, upon the conclusion of the testimony therein, if it shall be then of opinion that the complainant is entitled to relief, refer said suit to the Commission, as a master in chancery, to ascertain and report an appropriate form of decree therein. The Commission shall proceed upon such notice to the parties and under such rules of procedure as the court may prescribe, and upon the coming in of such report such exceptions may be filed and such proceedings had in relation thereto as upon the report of a master in other equity causes, but the court may adopt or reject such report, in whole or in part, and enter such decree as the nature of the case may in its judgment require. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 7, 38 Stat. 722.) -REFTEXT- REFERENCES IN TEXT The words 'In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts' have reference to actions under sections 4, 9, and 25 of this title. The antitrust Acts, referred to in text, are defined in section 44 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. ------DocID 17789 Document 7 of 303------ -CITE- 15 USC Sec. 80a-47 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-47. Violation of subchapter -STATUTE- (a) Procurement It shall be unlawful for any person, directly or indirectly, to cause to be done any act or thing through or by means of any other person which it would be unlawful for such person to do under the provisions of this subchapter or any rule, regulation, or order thereunder. (b) Obstructing compliance It shall be unlawful for any person without just cause to hinder, delay, or obstruct the making, filing, or keeping of any information, document, report, record, or account required to be made, filed, or kept under any provision of this subchapter or any rule, regulation, or order thereunder. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 48, 54 Stat. 846.) -CROSS- CROSS REFERENCES Liability of controlling persons under - Public Utility Holding Company Act of 1935, see section 79z-1 of this title. Securities Act of 1933, see section 77o of this title. Securities Exchange Act of 1934, see section 78t of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-64 of this title. ------DocID 18921 Document 8 of 303------ -CITE- 15 USC CHAPTER 47 -EXPCITE- TITLE 15 CHAPTER 47 -HEAD- CHAPTER 47 - CONSUMER PRODUCT SAFETY -MISC1- Sec. 2051. Congressional findings and declaration of purpose. 2052. Definitions. 2053. Consumer Product Safety Commission. (a) Establishment; Chairman. (b) Term; vacancies. (c) Restrictions on Commissioner's outside activities. (d) Quorum; seal; Vice Chairman. (e) Offices. (f) Functions of Chairman. (g) Executive Director; officers and employees. (h) Omitted. (i) Civil action against United States. (j) Agenda and priorities; establishment and comments. 2054. Product safety information and research. (a) Injury Information Clearinghouse; duties. (b) Research, investigation and testing of consumer products. (c) Grants and contracts for conduct of functions. (d) Availability to public of information. 2055. Public disclosure of information. (a) Disclosure requirements for manufacturers or private labelers; procedures applicable. (b) Additional disclosure requirements for manufacturers or private labelers; procedures applicable. (c) Communications with manufacturers. (d) 'Act' defined; coverage. (e) Disclosure of information regarding civil actions involving consumer product alleged to have caused death or injury. 2056. Consumer product safety standards. (a) Types of requirements. (b) Reliance of Commission upon voluntary standards. (c) Contribution of Commission to development cost. 2057. Banned hazardous products. 2057a. Banning of butyl nitrite. (a) In general. (b) Lawful purposes. (c) Definitions. (d) Effective date. 2057b. Banning of isopropal nitrite and other nitrites. (a) In general. (b) Lawful purposes. (c) 'Commercial purpose' defined. (d) Effective date. 2058. Procedure for consumer product safety rules. (a) Commencement of proceeding; publication of prescribed notice of proposed rulemaking; transmittal of notice. (b) Voluntary standard; publication as proposed rule; notice of reliance of Commission on standard. (c) Publication of proposed rule; preliminary regulatory analysis; contents; transmittal of notice. (d) Promulgation of rule; time. (e) Expression of risk of injury; consideration of available product data; needs of elderly and handicapped. (f) Findings; final regulatory analysis; judicial review of rule. (g) Effective date of rule or standard; stockpiling of product. (h) Amendment or revocation of rule. (i) Petition to initiate rulemaking. 2059. Repealed. 2060. Judicial review of consumer product safety rules. (a) Petition by persons adversely affected, consumers, or consumer organizations. (b) Additional data, views, or arguments. (c) Jurisdiction; costs and attorneys' fees; substantial evidence to support administrative findings. (d) Supreme Court review. (e) Other remedies. (f) Computation of reasonable fee for attorney. 2061. Imminent hazards. (a) Filing of action. (b) Relief; product condemnation and seizure. (c) Consumer product safety rule. (d) Jurisdiction and venue; process; subpena. (e) Employment of attorneys by Commission. (g) Cost-benefit analysis of compliance with relief ordered in action for judicial review of consumer product safety rule not required. 2062. Repealed. 2063. Product certification and labeling. (a) Certification accompanying product; products with more than one manufacturer. (b) Rules to establish reasonable testing programs. (c) Form and contents of labels. 2064. Substantial product hazards. (a) 'Substantial product hazard' defined. (b) Noncompliance with applicable consumer product safety rules; product defects; notice to Commission by manufacturer, distributor, or retailer. (c) Public notice of defect or failure to comply; mail notice. (d) Repair; replacement; refunds; action plan. (e) Reimbursement. (f) Hearing. (g) Preliminary injunction. (h) Cost-benefit analysis of notification or other action not required. 2065. Inspection and recordkeeping. 2066. Imported products. (a) Refusal of admission. (b) Samples. (c) Modification. (d) Supervision of modifications. (e) Product destruction. (f) Payment of expenses occasioned by refusal of admission. (g) Importation conditioned upon manufacturer's compliance. (h) Product surveillance program. 2067. Exemption of exports. (a) Risk of injury to consumers within United States. (b) Statement of exportation: filing period, information; notification of foreign country; petition for minimum filing period: good cause. 2068. Prohibited acts. (a) Designation. (b) Exception. 2069. Civil penalties. (a) Amount of penalty. (b) Relevant factors in determining amount of penalty. (c) Compromise of penalty; deductions from penalty. (d) 'Knowingly' defined. 2070. Criminal penalties. 2071. Injunctive enforcement and seizure. (a) Jurisdiction. (b) Products liable to proceeding. 2072. Suits for damages. (a) Persons injured; costs; amount in controversy. (b) Denial and imposition of costs. (c) Remedies available. 2073. Private enforcement. 2074. Private remedies. (a) Liability at common law or under State statute not relieved by compliance. (b) Evidence of Commission's inaction inadmissible in actions relating to consumer products. (c) Public information. 2075. State standards. (a) State compliance to Federal standards. (b) Consumer product safety requirements which impose performance standards more stringent than Federal standards. (c) Exemptions. 2076. Additional functions of Consumer Product Safety Commission. (a) Authority to conduct hearings or other inquiries. (b) Commission powers; orders. (c) Noncompliance with subpena or Commission order; contempt. (d) Disclosure of information. (e) Performance and technical data. (f) Purchase of consumer products by Commission. (g) Contract authority. (h) Research, development, and testing facilities. (i) Recordkeeping; audit. (j) Report to President and Congress. (k) Budget estimates and requests; legislative recommendations; testimony; comments on legislation. 2076a. Report on civil penalties. 2077. Chronic Hazard Advisory Panels. (a) Appointment; purposes. (b) Composition; membership. (c) Chairman and Vice Chairman; election; term. (d) Majority vote. (e) Administrative support services. (f) Compensation. (g) Requests for and disclosures of information. (h) Information from other Federal departments and agencies. 2078. Cooperation with States and other Federal agencies. (a) Programs to promote Federal-State cooperation. (b) Appropriateness of State and local programs. (c) Cooperation of Federal departments and agencies. (d) Utilization of National Institute of Standards and Technology. (e) Copies of accident or investigation reports to other agencies; conditions. 2079. Transfers of functions. (a) Hazardous substances and poisons. (b) Flammable fabrics. (c) Household refrigerators. (d) Regulation by Commission of consumer products in accordance with other provisions of law. (e) Transfer of personnel, property, records, etc.; continued application of orders, rules, etc. (f) 'Function' defined. 2080. Limitations on jurisdiction of Consumer Product Safety Commission. (a) Authority to regulate. (b) Certain notices of proposed rulemaking; duties of Chronic Hazard Advisory Panel. (c) Panel report; incorporation into advance notice and final rule. 2081. Authorization of appropriations. 2082. Interim cellulose insulation safety standard. (a) Applicability of specification of General Services Administration; authority and effect of interim standard; modifications; criteria; labeling requirements. (b) Scope of judicial review. (c) Enforcement; violations; promulgation of final standard; procedures applicable to promulgation; revision of interim standard; procedures applicable to revision. (d) Reporting requirements of other Federal departments, agencies, etc. of violations. (e) Reporting requirements of Commission to Congressional committees; contents, time of submission, etc. (f) Compliance with certification requirements; implementation; waiver; rules and regulations. (g) Authorization of appropriations. 2083. Congressional veto of consumer product safety rules. (a) Transmission to Congress. (b) Disapproval by concurrent resolution. (c) Presumptions from Congressional action or inaction. (d) Continuous session of Congress. 2084. Information reporting. (a) Notification of settlements or judgments. (b) Calculation of 24-month periods. (c) Information required to be reported. (d) Report not deemed an admission of liability. (e) Definitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2055, 2219 of this title; title 42 section 300j-22. ------DocID 19685 Document 9 of 303------ -CITE- 16 USC Sec. 47 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47. Additional lands excluded from Yosemite National Park and added to Sierra National Forest -STATUTE- That portion of the Yosemite National Park lying between the boundary line described in section 46 of this title and the line next herein described is excluded from said park and the said portion so described added to and made a part of the Sierra National Forest, to wit: Beginning at the point on the line between sections 35 and 36, township 4 south, range 21 east, where same intersects the middle of the channel of the South Fork of the Merced River; thence north on section line to the southwest corner of section 25; thence west on section lines to the southwest corner of section 28; thence north on section line to the northwest corner of section 28; thence west on section line to the quarter-section corner between sections 20 and 29; thence north through the middle of section 20 to the center thereof; thence east through the middle of section 20 to the quarter-section corner between sections 20 and 21; thence north on section line to the quarter-section corner between sections 16 and 17; thence west through middle of section 17 to the center thereof; thence north through the middle of sections 17, 8, and 5 to the quarter-section corner of north boundary of section 5 on township boundary, all in township 4 south, range 21 east; thence north through the middle of section 32, township 3 south, range 21 east, to the center thereof; thence west through the middle of section 32, said township, and section 36, township 3 south, range 20 east, to the quarter-section corner between sections 35 and 36; thence north on section line to the quarter-section corner between sections 25 and 26; thence east through the middle of section 25 to the center thereof; thence north through the middle of sections 25 and 24 to the center of section 24; thence west through the middle of sections 24, 23, and 22 to the quarter-section corner between sections 21 and 22, township 3 south, range 20 east, on the present western boundary of the Yosemite National Park. The above-indicated portion of land so made a part of the Sierra National Forest shall be subject to all of the Acts of Congress with relation thereto. The Secretary of the Interior may require the payment of such price as he may deem proper for privileges on the land herein segregated from the Yosemite National Park and made a part of the Sierra National Forest accorded under section 79 of this title, relating to rights-of-way over certain parks, reservations, and other lands, and other sections concerning right-of-way over public lands. In the grant of any right-of-way for railway purposes across the lands placed under this measure within the Sierra National Forest it shall be stipulated that no logs or timber shall be hauled over the same without the consent of the Secretary of the Interior and under regulations to be promulgated by him. -SOURCE- (June 11, 1906, No. 27, Sec. 1, 34 Stat. 831; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.) -REFTEXT- REFERENCES IN TEXT Section 79 of this title, referred to in text, was in the original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790. For further details, see Codification note set out under section 79 of this title. -COD- CODIFICATION Section is derived from the second paragraph of section 1 of the Resolution of June 11, 1906. The second paragraph, aforesaid, originally began with the following words omitted here 'The south and west boundary lines of the Yosemite National Park are hereby changed as follows:' The first portion of this section before the colon was derived from a later portion of the original section reading as follows: 'And all that portion of the Yosemite National Park lying between the boundary line last above mentioned and the present boundary line of said national park is excluded from said park; and the said lands so excluded, and all thereof, are added to and made a part of the Sierra Forest Reserve, and shall hereafter form a part of said Sierra Forest Reserve, and shall be subject to all of the Acts of Congress with relation thereto:' The words of the first sentence of this section 'described in section 46 of this title' replace the words 'present boundary line' hereinbefore quoted. For the first paragraph of the Resolution of June 11, 1906, see section 48 of this title. 'Sierra National Forest' substituted in text for 'Sierra Forest Reserve' on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -CROSS- CROSS REFERENCES Permit or authorization for transmission lines, etc., within limits of national parks, see, also, section 797 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 49 of this title. ------DocID 19686 Document 10 of 303------ -CITE- 16 USC Sec. 47-1 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-1. Administrative site for Yosemite National Park -STATUTE- (a) Establishment of site To enable the Secretary of the Interior to preserve the extraordinary natural qualities of Yosemite National Park, notwithstanding its increasing use by the public, the Secretary is hereby authorized to provide in the manner hereinafter set forth an administrative site in the El Portal area adjacent to Yosemite National Park, in order that utilities, facilities, and services required in the operation and administration of Yosemite National Park may be located on such site outside the park. (b) Acquisition of land For said site the Secretary of the Interior is authorized to acquire by purchase or donation, or with donated funds, approximately twelve hundred acres, as shown on map numbered NP-YOS-7011, of non-Federal land, interests in land, and appurtenances thereto, and, to avoid severing parcels in private ownership which extend beyond the area so depicted, the Secretary of the Interior may acquire in their entirety such parcels of land or interests therein. (c) Transfers of jurisdiction The Secretaries of Agriculture and Interior are authorized to arrange and effect mutually satisfactory transfers of jurisdiction over land administered by each in the El Portal area. Land so transferred to the Secretary of the Interior shall thereupon be excluded from the national forest or forests involved and thereafter be administered by the Secretary of the Interior pursuant to this section as a part of said administrative site. Land transferred to the Secretary of Agriculture pursuant to this section shall thereupon become national forest land subject to all laws, rules, and regulations applicable to land acquired pursuant to the Week's law. (d) Pre-existing claim, location, or entry Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. (e) Status of acquired land Until further action by the Congress, the lands acquired by or transferred to the Secretary of the Interior hereunder shall not become a part of Yosemite National Park, nor be subject to the laws and regulations governing said park, but the Secretary of the Interior shall have supervision, management, and control of the area and shall make and publish such rules and regulations as he may deem necessary and proper for its use and management: Provided, That he may grant nonexclusive privileges, leases, and permits for the use of land in the area and enter into contracts relating to the same, subject to the limitations and conditions applying to the similar authority provided in section 3 of this title. (f) Availability of funds Funds now or hereafter appropriated or otherwise available for operating and capital programs in the areas administered by the National Park Service, including funds for acquisition of land and interests in land, are made available to acquire land, interests in land, and appurtenances thereto, within the administrative site, and to further the purpose of this section. -SOURCE- (Pub. L. 85-922, Sec. 1-6, Sept. 2, 1958, 72 Stat. 1772.) -REFTEXT- REFERENCES IN TEXT Week's law, referred to in subsec. (c), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, which is classified to sections 480, 500, 513 to 519, 521, 552 and 563 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. -COD- CODIFICATION Subsecs. (a) to (f) are based on sections 1 to 6, respectively, of Pub. L. 85-922. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 47-2 of this title. ------DocID 19687 Document 11 of 303------ -CITE- 16 USC Sec. 47-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-2. Leases for employee housing, community facilities, administrative offices, maintenance facilities, and commercial services at or on administrative site -STATUTE- In furtherance of the purposes of section 47-1 of this title, the Secretary of the Interior is authorized, notwithstanding any other provision of law, to lease lands within the El Portal administrative site for periods of not to exceed ninety-nine years to any individual, including an employee of the United States Government, to any operator of concession facilities in the park, or the administrative site, or its successor, or to any public or private corporation or organization (including a nonprofit corporation) for purposes of providing employee housing, community facilities, administrative offices, maintenance facilities, and commercial services. Such leases shall provide that if the lessee is a concessioner, corporation, or other organization (including a nonprofit corporation) such lessee may sublease the property to its employees, employees of the United States Government, or other individuals whose residence on the leased premises is solely in support of Yosemite National Park or the El Portal administrative site for terms not to exceed the remaining terms of such leases, and they shall be subject to such terms and conditions as the Secretary of the Interior may require to assure appropriate administration, protection, and development of the land for purposes incident to the provisions of facilities and services required in the operation and administration of the park: Provided, That the Secretary of the Interior shall grant such leases in consideration of payment to the United States of the fair rental value of the leased lands, as determined by him. -SOURCE- (Pub. L. 90-409, Sec. 1, July 21, 1968, 82 Stat. 393; Pub. L. 99-542, Sec. 1(1)-(3), Oct. 27, 1986, 100 Stat. 3037.) -COD- CODIFICATION Section formerly consisted of subsecs. (a) and (b) which were based on sections 1 and 2, respectively, of Pub. L. 90-409. Section 2 was renumbered section 3 of Pub. L. 90-409 and is classified to section 47-4 of this title. A new section 2 of Pub. L. 90-409 was added and is classified to section 47-3 of this title. -MISC3- AMENDMENTS 1986 - Pub. L. 99-542 substituted 'not to exceed ninety-nine years to any individual, including an employee of the United States Government, to any operator of concession facilities in the park, or the administrative site, or its successor, or to any public or private corporation or organization (including a nonprofit corporation) for purposes of providing employee housing, community facilities, administrative offices, maintenance facilities, and commercial services' for 'fifty-five years to any operator of concession facilities in the park, or its successor, for purposes of providing employee housing', substituted 'if the lessee is a concessioner, corporation, or other organization (including a nonprofit corporation) such lessee may sublease the property to its employees, employees of the United States Government, or other individuals whose residence on the leased premises is solely in support of Yosemite National Park or the El Portal administrative site' for 'the concessioner may sublease the property to its employees', struck out 'an annual' before 'payment' in proviso, and substituted a period for 'at the beginning of each calendar year' after 'him'. LIMITATION ON NEW SPENDING AUTHORITY Section 2 of Pub. L. 99-542 provided that: 'Any new spending authority (within the meaning of section 401 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 651)) which is provided under this Act (enacting sections 47-3 to 47-6 of this title and amending section 47-2 of this title) shall be effective for any fiscal year only to the extent or in such amounts as provided in appropriation Acts or to the extent that proceeds are available from any leases issued by the Secretary pursuant to the first section of this Act (probably means section 1 of Pub. L. 90-409, 16 U.S.C. 47-2).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-4, 47-6 of this title. ------DocID 19688 Document 12 of 303------ -CITE- 16 USC Sec. 47-3 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-3. Use of proceeds; administration of leases -STATUTE- (a) Notwithstanding any other provision of law, the proceeds from any leases issued by the Secretary pursuant to section 47-2 of this title may be credited to the appropriation bearing the cost of administering (directly or by contract) the leases and of constructing, improving, and maintaining roads, utilities, buildings, and other facilities within the El Portal administrative site. In the administration of the leases, the Secretary may contract for the management of the leases and of the leased premises, subject to such terms and conditions, including the right of the Secretary to purchase and sell the unexpired terms of leases and subleases, as will protect the interests of the United States. The Secretary may also contract for the use by him of any improvements to leased property for purposes of the El Portal administrative site or for purposes of Yosemite National Park, and he may use the proceeds from any leases for the purpose of making payments under any such contract. (b) The Secretary may at any time acquire the unexpired term of any lease or sublease issued or entered into pursuant to sections 47-2 to 47-6 of this title by purchase with funds available from the proceeds of leases, or with donated or appropriated funds, or by donation or exchange. -SOURCE- (Pub. L. 90-409, Sec. 2, as added Pub. L. 99-542, Sec. 1(4), Oct. 27, 1986, 100 Stat. 3037.) -MISC1- PRIOR PROVISIONS A prior section 2 of Pub. L. 90-409, which was classified to section 47-2(b) of this title, was renumbered section 3 of Pub. L. 90-409, and is classified to section 47-4 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-4, 47-6 of this title. ------DocID 19689 Document 13 of 303------ -CITE- 16 USC Sec. 47-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-4. Agreements to effectuate leases -STATUTE- The Secretary of the Interior may enter into agreements with other Federal agencies and with any concessioner or its successor in order to effectuate the purposes of sections 47-2 to 47-6 of this title. -SOURCE- (Pub. L. 90-409, Sec. 3, formerly Sec. 2, July 21, 1968, 82 Stat. 393; renumbered Sec. 3, Pub. L. 99-542, Sec. 1(4), Oct. 27, 1986, 100 Stat. 3037.) -COD- CODIFICATION Section was classified to section 47-2(b) of this title prior to renumbering by Pub. L. 99-542. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-6 of this title. ------DocID 19690 Document 14 of 303------ -CITE- 16 USC Sec. 47-5 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-5. Regulations -STATUTE- After October 27, 1986, no lease may be issued for the purpose of providing housing or other facilities in the El Portal administrative site except in accordance with regulations promulgated by the Secretary of the Interior. Such regulations shall establish the qualifications of natural persons and corporations who may be eligible to acquire a lease and a sublease, the process to be used in establishing fees for such leases and subleases, and they shall set forth the circumstances under which the Secretary may elect to acquire any unexpired lease or sublease. Such regulations shall become effective only after sixty calendar days from the day on which they have been submitted to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. -SOURCE- (Pub. L. 90-409, Sec. 4, as added Pub. L. 99-542, Sec. 1(5), Oct. 27, 1986, 100 Stat. 3038.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-4, 47-6 of this title. ------DocID 19691 Document 15 of 303------ -CITE- 16 USC Sec. 47-6 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-6. Conflicts of interest prohibited -STATUTE- In carrying out the provisions of sections 47-2 to 47-6 of this title, the Secretary shall take care that there be no opportunity for any personal influence by an employee of the Department of the Interior upon the availability of housing for other such employees or employees of persons in a contractual relationship with the Department. In the selection of lessees and sublessees, the issuance of leases and subleases, the establishment or (FOOTNOTE 1) rental values, and the acquisition of any unexpired term of any lease or sublease, the Secretary shall act through an agent or agents appointed by the Secretary from among associations, corporations, or natural persons having no material, financial, legal, or equitable interest in the action proposed, other than a reasonable fee for their services. (FOOTNOTE 1) So in original. Probably should be 'of'. -SOURCE- (Pub. L. 90-409, Sec. 5, as added Pub. L. 99-542, Sec. 1(5), Oct. 27, 1986, 100 Stat. 3038.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-4 of this title. ------DocID 21429 Document 16 of 303------ -CITE- 16 USC Sec. 460uu-47 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-47. Access -STATUTE- (a) Nonexclusive access by Indians for cultural and religious purposes In recognition of the past use of portions of the monument and the conservation area by Indian people for traditional cultural and religious purposes, the Secretary shall assure nonexclusive access to the monument and the conservation area by Indian people for traditional cultural and religious purposes, including the harvesting of pine nuts. Such access shall be consistent with the purpose and intent of the American Indian Religious Freedom Act of August 11, 1978 (42 U.S.C. 1996), and (with respect to areas designated as wilderness) the Wilderness Act (78 Stat. 890) (16 U.S.C. 1131 et seq.). (b) Recommendations from Indian leaders regarding access and protection of cultural and religious sites In preparing the plans for the monument and the conservation area pursuant to section 460uu-41 of this title, the Secretary shall request that the Governor of the Pueblo of Acoma and the chief executive officers of other appropriate Indian tribes make recommendations on methods of - (1) assuring access pursuant to subsection (a) of this section; (2) enhancing the privacy of traditional cultural and religious activities in the monument and the conservation area; and (3) protecting traditional cultural and religious sites in the monument and the conservation area. (c) Temporary closure to public of lands for protection of religious activities In order to implement this section and in furtherance of the American Indian Religious Freedom Act (42 U.S.C. 1996), the Secretary, upon the request of an appropriate Indian tribe, may from time to time temporarily close to general public use one or more specific portions of the monument or the conservation area in order to protect the privacy of religious activities in such areas by Indian people. Any such closure shall be made so as to affect the smallest practicable area for the minimum period necessary for such purposes. Not later than seven days after the initiation of any such closure, the Secretary shall provide written notification of such action to the Energy and Natural Resources Committee of the United States Senate and the Interior and Insular Affairs Committee of the House of Representatives. (d) Advisory committee; membership The Secretary is authorized to establish an advisory committee to advise the Secretary concerning the implementation of this section. Any such advisory committee shall include representatives of the Pueblo of Acoma, the Pueblo of Zuni, other appropriate Indian tribes and other persons or groups interested in the implementation of this section. -SOURCE- (Pub. L. 100-225, title V, Sec. 507, Dec. 31, 1987, 101 Stat. 1548.) -REFTEXT- REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (a), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. -MISC2- TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 23254 Document 17 of 303------ -CITE- 16 USC CHAPTER 47 -EXPCITE- TITLE 16 CHAPTER 47 -HEAD- CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS -MISC1- Sec. 2701. Establishment of program. 2702. Loans for feasibility studies. (a) Loan authority. (b) Cancellation. 2703. Loans for project costs. (a) Authority. (b) Preference. (c) Information. (d) Joint participation. 2704. Loan rates and repayment. (a) Interest. (b) Repayments. 2705. Simplified and expeditious licensing procedures. (a) Establishment of program. (b) Prerequisites. (c) Fish and wildlife facilities. (d) Exemptions from licensing requirements in certain cases. 2706. New impoundments. 2707. Authorizations. 2708. Definitions. ------DocID 23818 Document 18 of 303------ -CITE- 18 USC Sec. 47 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 47. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes -STATUTE- (a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be fined not more than $500, or imprisoned not more than six months, or both. (b) Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be fined not more than $500, or imprisoned not more than six months, or both. (c) As used in subsection (a) of this section - (1) The term 'aircraft' means any contrivance used for flight in the air; and (2) The term 'motor vehicle' includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land. -SOURCE- (Added Pub. L. 86-234, Sec. 1(a), Sept. 8, 1959, 73 Stat. 470.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1338a. ------DocID 24143 Document 19 of 303------ -CITE- 18 USC CHAPTER 47 -EXPCITE- TITLE 18 PART I CHAPTER 47 -HEAD- CHAPTER 47 - FRAUD AND FALSE STATEMENTS -MISC1- Sec. 1001. Statements or entries generally. 1002. Possession of false papers to defraud United States. 1003. Demands against the United States. 1004. Certification of checks. 1005. Bank entries, reports and transactions. 1006. Federal credit institution entries, reports and transactions. 1007. Federal Deposit Insurance Corporation transactions. (1008, 1009. Repealed). 1010. Department of Housing and Urban Development and Federal Housing Administration transactions. 1011. Federal land bank mortgage transactions. 1012. Department of Housing and Urban Development transactions. 1013. Farm loan bonds and credit bank debentures. 1014. Loan and credit applications generally; renewals and discounts; crop insurance. 1015. Naturalization, citizenship or alien registry. 1016. Acknowledgment of appearance or oath. 1017. Government seals wrongfully used and instruments wrongfully sealed. 1018. Official certificates or writings. 1019. Certificates by consular officers. 1020. Highway projects. 1021. Title records. 1022. Delivery of certificate, voucher, receipt for military or naval property. 1023. Insufficient delivery of money or property for military or naval service. 1024. Purchase or receipt of military, naval, or veterans' facilities property. 1025. False pretenses on high seas and other waters. 1026. Compromise, adjustment, or cancellation of farm indebtedness. 1027. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974. 1028. Fraud and related activity in connection with identification documents. 1029. Fraud and related activity in connection with access devices. 1030. Fraud and related activity in connection with computers. 1031. Major fraud against the United States. 1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution. AMENDMENTS 1990 - Pub. L. 101-647, title XXV, Sec. 2501(b), title XXXV, Sec. 3532, Nov. 29, 1990, 104 Stat. 4860, 4925, inserted a period after '1031' and added item 1032. 1989 - Pub. L. 101-73, title IX, Sec. 961(g)(2), 962(a)(4), Aug. 9, 1989, 103 Stat. 500, 502, struck out item 1008 'Federal Savings and Loan Insurance Corporation transactions' and item 1009 'Rumors regarding Federal Savings and Loan Insurance Corporation'. 1988 - Pub. L. 100-700, Sec. 2(c), Nov. 19, 1988, 102 Stat. 4632, added item 1031. 1984 - Pub. L. 98-473, title II, Sec. 1602(b), 2102(b), Oct. 12, 1984, 98 Stat. 2184, 2192, added items 1029 and 1030. 1982 - Pub. L. 97-398, Sec. 3, Dec. 31, 1982, 96 Stat. 2010, added item 1028. 1974 - Pub. L. 93-406, title I, Sec. 111(a)(2)(B)(iii), Sept. 2, 1974, 88 Stat. 852, substituted 'Employee Retirement Income Security Act of 1974' for 'Welfare and Pension Plans Disclosure Act' in item 1027. 1967 - Pub. L. 90-19, Sec. 24(e), May 25, 1967, 81 Stat. 28, included 'Department of Housing and Urban Development' in item 1010, and substituted the same for 'Public Housing Administration' in item 1012. 1962 - Pub. L. 87-420, Sec. 17(d), Mar. 20, 1962, 76 Stat. 42, added item 1027. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 25, 65 Stat. 720, substituted 'Public Housing Administration' for 'United States Housing Authority' in item 1012. 1949 - Act May 24, 1949, ch. 139, Sec. 18, 19, 63 Stat. 92, corrected spelling in item 1012 and substituted 'officers' for 'offices' in item 1019. -CROSS- CROSS REFERENCES Alien registration, fraud and false statements, see section 1306 of Title 8, Aliens and Nationality. Carriers' reports to Interstate Commerce Commission, false entries, see section 11909 of Title 49, Transportation. China Trade, false or fraudulent statements prohibited, see section 158 of Title 15, Commerce and Trade. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 7 section 12a; title 15 sections 78o, 80b-3; title 29 section 1031. ------DocID 25138 Document 20 of 303------ -CITE- 18 USC Rule 47 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 47. Motions -STATUTE- An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by affidavit. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. This rule is substantially the same as the corresponding civil rule (first sentence of Rule 7(b)(1), Federal Rules of Civil Procedure) (28 U.S.C., Appendix), except that it authorizes the court to permit motions to be made orally and does not require that the grounds upon which a motion is made shall be stated 'with particularity,' as is the case with the civil rule. 2. This rule is intended to state general requirements for all motions. For particular provisions applying to specific motions, see Rules 6(b)(2), 12, 14, 15, 16, 17(b) and (c), 21, 22, 29 and Rule 41(e). See also Rule 49. 3. The last sentence providing that a motion may be supported by affidavit is not intended to permit 'speaking motions' (e.g. motion to dismiss an indictment for insufficiency supported by affidavits), but to authorize the use of affidavits when affidavits are appropriate to establish a fact (e.g. authority to take a deposition or former jeopardy). -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Affidavits on motions, see rules 6 and 43, Title 28, Appendix, Judiciary and Judicial Procedure. Motion day, see rule 78. Notice of motion, see rules 6 and 7. CROSS REFERENCES Motion for order - Arrest of judgment, see rule 34. Consolidation of indictments and informations, see rule 13. Correct or reduce sentence, see rule 35. Dismiss, see rules 6, 12, and 48. Enforcement of surety liability, see rule 46. Enlargement of time, see rule 45. Inspect and copy seized evidence, see rule 16. New trial, see rule 33. Notice of hearing, see rule 45. Quash or modify subpoena, see rule 17. Return of property and suppress evidence, see rule 41. Separate trial, see rule 14. Severance, see rule 14. Transfer of proceedings from district or division for trial, see rule 21. Time for - Making motion raising defenses and objections before trial, see rule 12. Motion to transfer proceedings, see rule 22. ------DocID 25179 Document 21 of 303------ -CITE- 19 USC Sec. 46, 47 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 46, 47. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat. 1349 -MISC1- Sections, R.S. Sec. 2644 and 2645, respectively, related to rendition of monthly and quarterly estimates and accounts of certain collectors. ------DocID 26097 Document 22 of 303------ -CITE- 20 USC Sec. 47 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 47. Acting Secretary -STATUTE- The chancellor of the Smithsonian Institution may, by an instrument in writing filed in the office of the Secretary thereof, designate and appoint a suitable person to act as Secretary of the Institution when there shall be a vacancy in said office, and whenever the Secretary shall be unable from illness, absence, or other cause to perform the duties of his office; and in such case the person so appointed may perform all the duties imposed on the Secretary by law until the vacancy shall be filled or such inability shall cease. The said chancellor may change such designation and appointment from time to time as the interests of the Institution may in his judgment require. -SOURCE- (May 13, 1884, ch. 44, 23 Stat. 21.) -MISC1- PRIOR PROVISIONS Act May 13, 1884 is derived from act Jan. 24, 1879, ch. 21, 20 Stat. 264. ------DocID 27488 Document 23 of 303------ -CITE- 20 USC CHAPTER 47 -EXPCITE- TITLE 20 CHAPTER 47 -HEAD- CHAPTER 47 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS -MISC1- SUBCHAPTER I - BASIC PROGRAMS DIVISION 1 - FINANCIAL ASSISTANCE TO MEET SPECIAL EDUCATIONAL NEEDS OF CHILDREN Sec. 2701. Declaration of policy and statement of purpose. (a) Declaration of policy. (b) Statement of purpose. PART A - BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES SUBPART 1 - ALLOCATIONS 2711. Basic grants. (a) Amount of grants. (b) Minimum number of children to qualify. (c) Children to be counted. (d) Program for Indian children. (e) State minimum. (g) Duration of assistance. 2712. Grants for local educational agencies in counties with especially high concentrations of children from low-income families. (a) Eligibility for and amount of special grants. (b) Payments; use of funds. (c) Reservation of funds. (d) Ratable reduction rule. 2713. Authorization of appropriations; assistance of otherwise lower fiscal year allotment levels. SUBPART 2 - BASIC PROGRAM REQUIREMENTS 2721. Uses of funds. (a) Program description. (b) Innovation projects. 2722. Assurances and applications. (a) State educational agency assurances. (b) Local applications. (c) Local assurances. 2723. Eligible schools. (a) General provisions. (b) Local educational agency discretion. (c) Allocations. 2724. Eligible children. (a) General provisions. (b) Assessment of educational need. (c) Local educational agency discretion. (d) Special rules. 2725. Schoolwide projects. (a) Use of funds for schoolwide projects. (b) Designation of schools. (c) Approval of plan; operation of project. (d) Use of funds. (e) Accountability. 2726. Parental involvement. (a) Findings; general requirement. (b) Goals of parental involvement. (c) Mechanisms for parental involvement. (d) Coordination with Adult Education Act. (e) Accessibility requirement. 2727. Participation of children enrolled in private schools. (a) General requirements. (b) Bypass provision. (c) Prior determination. (d) Capital expenses. 2728. Fiscal requirements. (a) Maintenance of effort. (b) Federal funds to supplement, not supplant regular non-Federal funds. (c) Comparability of services. (d) Exclusion of special State and local program funds. 2729. Evaluations. (a) Local evaluation. (b) State evaluations. (c) Special condition. 2730. State educational program improvement plan. (a) Plan requirements. (b) Dissemination and availability of plan. (c) Availability of funds. 2731. Program improvement. (a) Local review. (b) School program improvement. (c) Discretionary assistance. (d) State assistance to local educational agencies. (e) Local conditions. (f) Student program improvement. (g) Program improvement assistance. (h) Further action. (i) Mutual agreement. PART B - EVEN START PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES 2741. Statement of purpose. 2742. Program authorization. (a) Grants by the Secretary. (b) State grant program. (c) 'State' defined. 2743. Allocation. (a) Reservation for migrant programs. (b) State allocation. (c) State minimum. 2744. Uses of funds. (a) In general. (b) Program elements. (c) Federal share limitation. 2745. Eligible participants. 2746. Applications. (a) Submission. (b) Required documentation. (c) Plan. 2747. Award of grants. (a) Selection process. (b) Review panel. (c) Equitable distribution of assistance. (d) Duration. 2748. Evaluation. (a) Independent annual evaluation. (b) Criteria. (c) Report to Congress and dissemination. 2749. Authorization of appropriations. PART C - SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND DROPOUT PREVENTION AND REENTRY 2761. Purpose. 2762. Allocation. (a) Reservations. (b) State allocation. (c) State minimum. (d) Local educational agency allocation. (e) State administration. 2763. Uses of funds. (a) General rule. (b) Basic skills for secondary schools. (c) Uses of funds for school dropout prevention and reentry projects. (d) Within-State allocation. 2764. Applications. (a) Application required. (b) Contents of application. (c) Special rule. (d) Time for submission of applications. 2765. Award of grants. (a) General authority. (b) Priorities for grants to community-based organizations. 2765a. Reports; development of information base. (a) Reports to States. (b) Reports to Secretary. (c) Development of information base. 2765b. Coordination and dissemination. (a) Grants to regional laboratories. (b) Activities of National Diffusion Network. 2766. Fiscal requirements and coordination provisions. (a) General rule. (b) Special rule. 2867. Evaluation. 2767a. Definition of secondary school completion rate. 2768. Authorization of appropriations. PART D - PROGRAMS OPERATED BY STATE AGENCIES SUBPART 1 - PROGRAMS FOR MIGRATORY CHILDREN 2781. Grants - Entitlement and amount. (a) Entitlement. (b) Amount of grant. 2782. Program requirements. (a) Requirements for approval of application. (b) Continuation of migrant status. (c) Definitions. (d) Bypass provision. 2783. Coordination of migrant education activities. (a) Activities authorized. (b) Availability of funds. SUBPART 2 - PROGRAMS FOR HANDICAPPED CHILDREN 2791. Amount and eligibility. (a) Eligibility for grant. (b) State educational agency application. (c) Amount of grant. (d) Counting of children transferring from State to local programs. (e) Special requirement. 2792. Program requirements. (a) General requirements. (b) Services. (c) Demonstration of benefit. 2793. Uses of funds. (a) General rule. (b) Prohibition. 2794. Service and program applications. (a) Application required. (b) Requirements. (c) Application assurances. (d) Letter of request. 2795. Eligible children. 2796. Federal monitoring requirement. SUBPART 3 - PROGRAMS FOR NEGLECTED AND DELINQUENT CHILDREN 2801. Amount and entitlement. (a) Entitlement to grants. (b) Amount of grant. 2802. Program requirements. (a) Use of payments. (b) Compliance. (c) Three-year projects. (d) Evaluation. 2803. Transition services. (a) Transition services. (b) Conduct of projects. (c) Limitation. 2804. Definitions. SUBPART 4 - GENERAL PROVISIONS FOR STATE OPERATED PROGRAMS 2811. Reservation of funds for territories. 2812. Dual eligibility for programs. PART E - PAYMENTS 2821. Payment methods. 2822. Amount of payments to local educational agencies. 2823. Adjustments where necessitated by appropriations. (a) Adjustment allocation. (b) Additional funds allocation. 2824. Payments for State administration. (a) In general. (b) Limitation on indirect costs. 2825. Funds for implementation of school improvement programs. (a) General authority. (b) Limitations. 2826. Limitation on grant to the Commonwealth of Puerto Rico. PART F - GENERAL PROVISIONS SUBPART 1 - FEDERAL ADMINISTRATION 2831. Federal regulations. (a) In general. (b) Procedure. (c) Special rule. (d) Limitation. 2832. Availability of appropriations. (a) General provision. (b) Carryover and waiver. 2833. Withholding of payments. (a) Withholding. (b) Notice to public. 2834. Judicial review. (a) Filing appeals. (b) Basis of review. (c) Judicial appeals. 2835. Evaluation. (a) National standards. (b) Reports. 2836. Coordination of Federal, State, and local administration. (a) Policy manual. (b) Contents of policy manual. (c) Response to inquiries. (d) Technical assistance. (e) Federal dissemination of exemplary programs. (f) Federal review of State and local administration. 2837. Authorization of appropriations for evaluation and technical assistance. 2838. Application of General Education Provisions Act. (a) General rule. (b) Supersession rule. (c) Exclusion rule. 2839. National Commission on Migrant Education. (a) Establishment. (b) Membership. (c) Study. (d) Reports. (e) Special study on Migrant Student Records Transfer System. (f) Compensation. (f) Staff. (g) Administration. (h) Termination. (i) Authorization of appropriations. SUBPART 2 - STATE ADMINISTRATION 2851. State regulations. (a) In general. (b) Review by committee of practitioners. (c) Identification as State requirement. 2852. Records and information. 2853. Assignment of personnel. (a) Limitations. (b) Use in State programs. 2854. Prohibition regarding State aid. SUBPART 3 - RURAL EDUCATIONAL OPPORTUNITIES 2861. Program authorized. (a) General authority. (b) Functions of regional rural assistance programs. 2862. Application priority requirements. 2863. Coordination, dissemination, and report. (a) Coordination. (b) Dissemination and report. 2864. Authorization of appropriations. SUBPART 4 - STUDIES 2881. Report on State and local evaluations. 2882. National study on effect of programs on children. (a) National longitudinal study. (b) Follow-up. (c) Report. 2883. Authorization of appropriations. SUBPART 5 - DEFINITIONS 2891. Definitions. SUBPART 6 - MISCELLANEOUS PROVISIONS 2901. Transition provisions. (a) Regulations. (b) Effect on pending proceedings. (c) Transition. DIVISION 2 - FEDERAL, STATE, AND LOCAL PARTNERSHIP FOR EDUCATIONAL IMPROVEMENT 2911. Findings and statement of purpose. (a) Findings. (b) Statement of purpose. (c) State and local responsibility. 2912. Authorization of appropriations; duration of assistance. (a) Authorization. (b) Duration of assistance. PART A - STATE AND LOCAL PROGRAMS SUBPART 1 - GENERAL PROVISIONS 2921. Allotment to States. (a) Reservations. (b) Allotment. (c) Definitions. 2922. Allocation to local educational agencies. (a) Distribution rule. (b) Calculation of enrollments. (c) Payment of allocations. SUBPART 2 - STATE PROGRAMS 2931. State uses of funds. (a) Authorized activities. (b) Limitations and requirements. 2932. State applications. (a) Application requirements. (b) Period of application. (c) Audit rule. SUBPART 3 - LOCAL TARGETED ASSISTANCE PROGRAMS 2941. Targeted use of funds. (a) General rule. (b) Targeted assistance. 2942. Authorized activities. (a) In general. (b) Administrative authority. 2943. Local applications. (a) Contents of application. (b) Period of application. (c) Local educational agency discretion. SUBPART 4 - EFFECTIVE SCHOOLS PROGRAMS 2951. Establishment. 2952. Effective schools. PART B - NATIONAL PROGRAMS AND ACTIVITIES 2961. General authority. (a) Authorization. (b) Priority funding. 2962. National Diffusion Network activities. (a) Purposes. (b) Responsibilities of Secretary. (c) Eligible recipients of grants and contracts. (d) Funding criteria. 2963. Inexpensive book distribution program for reading motivation. (a) Authorization. (b) Requirements of contract. (c) Restriction on payments. (d) 'Federal share' defined. 2964. Arts in Education program. 2965. Law-related education program. (a) Authorization. (b) 'Law-related education' defined. (c) Authorized activities. 2966. Blue Ribbon Schools program. (a) General authority. (b) Selection process. (c) Administrative provisions. PART C - GENERAL ADMINISTRATIVE PROVISIONS 2971. Maintenance of effort; Federal funds supplementary. (a) Maintenance of effort. (b) Federal funds supplementary. 2972. Participation of children enrolled in private schools. (a) Participation on equitable basis. (b) Equal expenditures. (c) Funds. (d) State prohibition waiver. (e) Waiver and provision of services. (f) Determination. (g) Payment from State allotment. (h) Review. (i) Prior determination. 2973. Evaluations and reporting. (a) Local educational agencies. (b) State educational agencies. (c) Reports. 2974. Federal administration. (a) Technical assistance. (b) Rulemaking. (c) Availability of appropriations. (d) Special rule. 2975. Application of General Education Provisions Act. (a) General rule. (b) Applicability. (c) Special rule. 2976. Transition provisions. (a) Regulations. (b) Effect on pending proceedings. (c) Transition. SUBCHAPTER II - CRITICAL SKILLS IMPROVEMENT PART A - DWIGHT D. EISENHOWER MATHEMATICS AND SCIENCE EDUCATION ACT 2981. Short title. 2982. Statement of purpose. SUBPART 1 - STATE GRANTS AND NATIONAL PROGRAMS 2983. Program authorized. (a) Grants. (b) Authorization of appropriations. 2984. Allocation of funds. (a) In general. (b) Reallotment of unused funds. 2985. In-State apportionment. (a) Elementary and secondary education programs. (b) Higher education programs. (c) Limitation. 2986. Elementary and secondary education programs. (a) In general. (b) Local educational agencies. (c) Demonstration and exemplary programs. (d) Priority for teacher training. (e) Technical assistance and administrative costs. 2987. Higher education programs. (a) In general. (b) Grants to institutions of higher education. (c) Cooperative programs. (d) Assessment and administrative costs. 2988. State application. (a) Application. (b) Contents of application. (c) Informational requirements. (d) Description of assisted activities. (e) Approval. 2989. Local application. (a) Application. (b) Contents of application. (c) Renewal of payments. 2990. Participation of children and teachers from private schools. (a) Participation of private school students. (b) Participation of private school teachers. (c) Waiver. 2991. Federal administration. (a) Technical assistance and evaluation procedures. (b) Summary. (c) Model reporting standards. 2992. National programs. (a) Amount available. (b) Eligible grantees. (c) Programs for training and retraining teachers. (d) National clearinghouse for science, mathematics, and technology education materials. (e) Model programs for instruction and training in use of computers. (f) Dissemination of information. 2993. Transferred. SUBPART 2 - REGIONAL MATHEMATICS AND SCIENCE EDUCATION CONSORTIUMS 2994. Program established. (a) In general. (b) Grant term and review. (c) Amount. 2994a. Use of funds. 2994b. Application and review. (a) In general. (b) Approval of application. 2994c. Regional boards. (a) In general. (b) Prohibition on use of Federal funds. 2994d. Payments; Federal share; non-Federal share. (a) Payments. (b) Federal share. (c) Non-Federal share. 2994e. Evaluation. (a) Evaluation required. (b) Assessment. (c) Report. 2994f. Definitions. 2994g. Authorization of appropriations. SUBPART 3 - GENERAL PROVISIONS 2996. Definitions. PART B - FOREIGN LANGUAGES ASSISTANCE 3001. Short title. 3002. Findings. 3003. Program authorized. (a) General authority. (b) Application. (c) Federal share. (d) Participation of private schools. 3004. Allotments. (a) General rule. (b) Availability of funds. 3005. Definitions. (a) General rule. (b) Special rule. 3006. Authorization of appropriations. PART C - PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN FOREIGN LANGUAGES 3011. Presidential awards. (a) General authority. (b) Limitations. 3012. Administrative provisions. (a) In general. (b) Availability. SUBCHAPTER III - MAGNET SCHOOLS ASSISTANCE 3021. Authorization of appropriations; reservation. (a) Authorization. (b) Availability of funds for grants to agencies not previously assisted. 3022. Eligibility. 3023. Statement of purpose. 3024. Program authorized. 3025. 'Magnet school' defined. 3026. Uses of funds. 3027. Applications and requirements. (a) Application. (b) Requirements certified. (c) Special rule. 3028. Special consideration. (a) Priority. (b) Special consideration. 3029. Prohibitions. 3030. Limitation on payments. (a) Limitation on duration and progress. (b) Limitation on planning funds. (c) Special rule on division 2 funds. 3031. Payments. (a) General rule. (b) Award requirement. 3032. Withholding. SUBCHAPTER IV - SPECIAL PROGRAMS PART A - WOMEN'S EDUCATIONAL EQUITY 3041. Short title; findings and statement of purpose. (a) Short title. (b) Findings and statement of purpose. 3042. Program authorized. (a) Authorization. (b) Limitation. 3043. Application; participation. (a) Application. (b) Special rule. (c) Limitation. 3044. Challenge grants. (a) Purpose. (b) Grant recipients. 3045. Criteria and priorities. 3046. Reports, evaluation, and dissemination. (a) Reports. (b) Evaluation and dissemination. 3047. Authorization of appropriations. PART B - GIFTED AND TALENTED CHILDREN 3061. Short title. 3062. Findings and purposes. (a) Findings. (b) Statement of purpose. 3063. Definitions. 3064. Authorized programs. (a) Establishment of program. (b) Uses of funds. (c) Establishment of National Center. (d) Limitation. 3065. Program priorities. (a) General priority. (b) Service priority. 3066. Participation of private school children and teachers. 3067. Administration. 3068. Authorization of appropriations. PART C - ALLEN J. ELLENDER FELLOWSHIP PROGRAM 3081. Findings. SUBPART 1 - PROGRAM FOR SECONDARY SCHOOL STUDENTS AND TEACHERS 3091. Establishment. (a) General authority. (b) Use of funds. 3092. Applications. (a) Application required. (b) Contents of application. SUBPART 2 - PROGRAMS FOR OLDER AMERICANS AND RECENT IMMIGRANTS 3101. Establishment. (a) General authority. (b) Use of funds. 3102. Applications. (a) Application required. (b) Contents of application. SUBPART 3 - GENERAL PROVISIONS 3111. Administrative provisions. (a) General rule. (b) Audit rule. 3112. Authorization of appropriations. (a) Authorization for subpart 1. (b) Authorization for subpart 2. PART D - IMMIGRANT EDUCATION 3121. Short title. 3122. Definitions. 3123. Authorizations and allocation of appropriations. (a) Authorizations of appropriations. (b) Allocation of appropriations. 3124. State administrative costs. 3125. Withholding. 3126. State entitlements. (a) Payments. (b) Entitlements. (c) Determinations of number of children. (d) Reallocation. 3127. Uses of funds. (a) Supplementary educational services and costs. (b) Kinds of services and costs. 3128. Applications. (a) Submission. (b) Approval of application. 3129. Payments. (a) Amount. (b) Services to children enrolled in nonpublic schools. 3130. Reports. (a) Biennial report. (b) Report to Congress. PART E - TERRITORIAL ASSISTANCE 3141. General assistance for the Virgin Islands. 3142. Territorial teacher training assistance. PART F - SECRETARY'S FUND FOR INNOVATION IN EDUCATION 3151. Program authorized. (a) General authority. (b) Administrative authority. 3152. Optional tests for academic excellence. (a) Test of academic excellence authorized. (b) Preparation and conduct of tests. (c) Certificate. (d) Report. 3153. Technology education. (a) General authority. (b) Uses of funds. (c) 'Telecommunications' defined. 3154. Programs for computer-based instruction. (a) General authority. (b) Uses of funds. (c) Special rule. (d) Planning requirement. 3155. Programs for the improvement of comprehensive school health education. (a) General authority. (b) Uses of funds. (c) Office of comprehensive school health education. 3156. Alternative curriculum schools. (a) Statement of purpose. (b) Eligibility. (c) Uses of funds. (d) Applications. (e) Unused amounts. (f) Special evidentiary rule. 3156-1. Innovative alcohol abuse education programs. (a) Programs for children of alcoholics. (b) Training programs for educators. 3156a. National Geography Studies Centers. (a) Program authorized. (b) Requirements of contract. (c) Establishment of Centers. (d) Functions of Centers. (e) Federal share. 3157. Authorization of appropriations. SUBCHAPTER V - DRUG EDUCATION 3171. Short title. 3172. Findings. 3173. Purpose. PART A - FINANCIAL ASSISTANCE FOR DRUG ABUSE EDUCATION AND PREVENTION PROGRAMS 3181. Authorization of appropriations. (a) In general. (b) Availability. 3182. Reservations and State allotments. (a) Reservations. (b) State allotments. (c) Distribution of appropriations. (d) 'State' defined. PART B - STATE AND LOCAL PROGRAMS 3191. Use of allotments by States. (a) State program. (b) Within State distribution; administrative costs. (c) Use of additional amounts. 3192. State programs. (a) In general. (b) Innovative programs. (c) Limitation on use of funds. (d) Drug testing programs. (c) Drug abuse resistance education programs. (d) Replication of successful drug education programs. (e) Eligibility. (f) Application. 3193. State applications. (a) In general. (b) Contents of applications. 3194. Responsibilities of State educational agencies. (a) Grants to local and intermediate educational agencies. (b) State programs. 3195. Local drug abuse education and prevention programs. (a) In general. (b) Eligibility. 3196. Local applications. (a) In general. (b) Progress reports. 3197. Reports. (a) State reports. (b) Local reports. PART C - TRAINING OF TEACHERS, COUNSELORS, AND SCHOOL PERSONNEL 3201. Grants for training of teachers. (a) In general. (b) Use of funds. 3202. Grants for training of counselors. (a) In general. (b) Use of funds. 3203. Applications. (a) In general. (b) Contents. PART D - NATIONAL PROGRAMS 3211. Grants to institutions of higher education. (a) In general. (b) Grants for model demonstration programs. (c) Grants for programs of drug abuse education and prevention. 3212. Federal activities. (a) Use of reserved funds. (b) Federal drug abuse education and prevention activities. (c) Studies. 3213. Programs for Indian youth. (a) Use of reserved funds. (b) Financial arrangements. (c) Grant and contract authority. (d) Additional programs. 3214. Programs for Hawaiian natives. (a) General authority. (b) 'Hawaiian native' defined. 3215. Regional centers. 3216. Emergency grants. (a) Program authorized. (b) Eligible agencies. (c) Amount of grants. (d) Fiscal year 1990. 3217. Drug-free school zones demonstration program. (a) Establishment of demonstration program for drug-free school zones. (b) Evaluations. (c) Authorization of appropriations. PART E - GENERAL PROVISIONS 3221. Definitions. (a) General rule. (b) Specific definitions. 3222. Functions of Secretary of Education. (a) Administration. (b) Model criteria and forms. (c) Applicability of General Education Provisions Act. 3223. Participation of children and teachers from private nonprofit schools. (a) Participation of private school children. (b) Participation of private school teachers. (c) Provision of services by Secretary and State educational agencies. 3224. Materials. 3224a. Certification of drug and alcohol abuse prevention programs. (a) In general. (b) Dissemination of information. (c) Certification to Secretary. (d) Regulations. (e) Procedures applicable upon termination of financial assistance. 3224b. Dissemination of information and technical assistance. (a) Dissemination of information and technical assistance. (b) Authorization of appropriations. 3225. Establishment of National Trust for Drug-Free Youth. (a) Establishment; purpose. (b) Board of Directors; duties and functions; composition. (c) Principal office; venue. (d) Powers of Trust generally. (e) Issuance of shares or stock; declaration or payment of dividends; loan of funds to officers or directors. (f) Annual report and independent audit. PART F - DEVELOPMENT OF EARLY CHILDHOOD EDUCATION DRUG ABUSE PREVENTION MATERIALS 3227. Program authorized. (a) General authority. (b) Reservation. PART G - MISCELLANEOUS PROVISIONS 3231. Indian education programs. (a) Pilot programs. (b) Use of funds. 3232. Transition. 3233. Identification of federally assisted programs. SUBCHAPTER VI - PROJECTS AND PROGRAMS DESIGNED TO ADDRESS SCHOOL DROPOUT PROBLEMS AND TO STRENGTHEN BASIC SKILLS INSTRUCTION PART A - ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS 3241. Short title. 3242. Purpose. 3243. Authorization of appropriations. (a) In general. (b) Nonduplication of assistance to secondary schools already receiving assistance under program for basic skills improvement and dropout prevention and reentry. 3244. Grants to local educational agencies. (a) Allotment to categories of local educational agencies. (b) Special treatment of educational partnerships. (c) Award of grant. (d) Use of funds when not fully needed for educational partnerships. (e) Use of funds when not fully allotted to categories under subsection (a). (f) Federal share. 3245. Application. (a) In general. (b) Contents of application. (c) Priority. (d) Special consideration. 3246. Authorized activities. (a) In general. (b) Activities for educational partnerships. 3247. Distribution of assistance; limitation on costs. (a) Distribution of assistance. (b) Administrative costs. PART B - ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT 3261. Short title. 3262. Purpose. 3263. Authorization of appropriations. 3264. Grants to local educational agencies. (a) General authority. (b) Community-based organizations rule. (c) Eligible students. 3265. Authorized activities. (a) In general. (b) Limitation. 3266. Application. (a) In general. (b) Contents of application. (c) Approval of applications. (d) Administrative costs. PART C - GENERAL PROVISIONS 3271. General provisions. (a) Definition of school dropout. (b) Timely award of grants. (c) Grants must supplement other funds. (d) Evaluation. (e) Coordination and dissemination. (f) Audit. (g) Withholding payments. 3272. Definitions. SUBCHAPTER VII - BILINGUAL EDUCATION PROGRAMS 3281. Short title. 3282. Policy; appropriations. (a) Policy. (b) Authorization. 3283. Definitions; regulations. (a) General rule. (b) Regulation requirement. (c) Special information rule. PART A - FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION PROGRAMS 3291. Bilingual education programs. (a) Uses of funds. (b) Applications. (c) Content of application. (d) Duration of grants. (e) Application requirements. (f) Approval of applications. (g) Priority consideration of grants. (h) Priority for programs serving underserved children. (i) Limitation on the assignment of students. (j) Programs in Puerto Rico. (k) Bypass provision. 3292. Indian children in schools. (a) Eligible entities. (b) Bureau of Indian Affairs schools. (c) Annual report. PART B - DATA COLLECTION, EVALUATION, AND RESEARCH 3301. Use of funds. 3302. Grants for State programs. (a) Data collection and dissemination. (b) Report to Secretary. (c) Other uses of funds. (d) Payments. (e) Supplement not supplant. 3303. Program evaluation requirements. 3304. Evaluation assistance centers. 3305. Research. (a) Research and development. (b) Authorized activities. (c) Consultation and delegation of authority. (d) Publication of proposals. (e) Limitation of authority. 3306. Coordination of research. 3307. Education statistics. (a) Data collection. (b) Use of data. PART C - TRAINING AND TECHNICAL ASSISTANCE 3321. Use of funds. (a) Use of funds. (b) Applications. (c) Application requirement for training programs. (d) Training program requirements. (e) Preference in assistance and purpose of training. 3322. Multifunctional resource centers. (a) Establishment. (b) Required services. 3323. Fellowships. (a) Authorization. (b) Fellowship requirements. 3324. Priority. 3325. Stipends. PART D - ADMINISTRATION 3331. Office of Bilingual Education and Minority Languages Affairs. (a) Establishment. (b) Director. (c) Coordination with related programs. (d) Staffing requirement. (e) Reading and scoring applications. 3332. Limitation of authority. PART E - TRANSITION 3341. Transition. SUBCHAPTER X - GENERAL PROVISIONS 3381. Definitions. 3382. Federal administration. 3383. Waiver of requirements for certain jurisdictions. (a) Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (b) Puerto Rico. 3384. Prohibition against use of funds for religious worship or instruction. 3385 to 3385b. Repealed. 3386. Open meetings of educational agencies. -COD- CODIFICATION The Elementary and Secondary Education Act of 1965, comprising this chapter, was originally enacted as Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, amended by Pub. L. 89-750, Nov. 3, 1966, 80 Stat. 1191; Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 783; Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92-318, June 23, 1972, 86 Stat. 235; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95-112, Aug. 24, 1977, 91 Stat. 911, and classified to sections 241a et seq., 242 et seq., 331 et seq., 821 et seq., and 1801 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, and amended by Pub. L. 96-46, Aug. 6, 1979, 93 Stat. 338; Pub. L. 96-88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 96-470, Oct. 19, 1980, 94 Stat. 2237; Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 98-211, Dec. 8, 1983, 97 Stat. 1412; Pub. L. 98-511, Oct. 19, 1984, 98 Stat. 2366; Pub. L. 98-524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99-159, Nov. 22, 1985, 99 Stat. 887; Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207. The Act is shown, herein, however, as having been added by Pub. L. 100-297 without reference to such intervening amendments because of the extensive amendments, renumbering, reorganization of subject matter, and expansion of the basic 1965 Act's provisions by Pub. L. 100-297. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3441 of this title; title 42 section 2000d-5. ------DocID 28273 Document 24 of 303------ -CITE- 21 USC Sec. 47 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 47. United States Board of Tea Appeals; permit for delivery; exportation or destruction of inferior grades -STATUTE- In case the collector, importer, or consignee shall protest against the finding of the examiner, the matter in dispute shall be referred for decision to the United States Board of Tea Appeals, to consist of three employees of the Department of Health and Human Services, to be designated by the Secretary of Health and Human Services. If such board shall, after due examination, find the tea in question to be equal in purity, quality, and fitness for consumption to the proper standards, a permit shall be issued by the collector for its release and delivery to the importer; but if upon such final reexamination by such board the tea shall be found to be inferior in purity, quality, and fitness for consumption to the said standards, the importer or consignee shall give a bond, with security satisfactory to the collector, to export said tea, or merchandise described as tea, out of the limits of the United States within a period of six months after such final reexamination; and if the same shall not have been exported within the time specified, the collector, at the expiration of that time, shall cause the same to be destroyed. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 6, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695.) -CHANGE- CHANGE OF NAME 'Department of Health and Human Services' substituted in text for 'Department of Health, Education, and Welfare' and 'Secretary of Health and Human Services' substituted for 'Secretary of Health, Education, and Welfare' pursuant to section 509(b) of Pub. L. 96-88, which is classified to section 3508(b) of Title 20, Education. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare (now Health and Human Services), and of Food and Drug Administration to Federal Security Agency, see note set out under section 41 of this title. For abolition of the offices of the collector of customs, see note set out under section 44 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 45 of this title. ------DocID 30679 Document 25 of 303------ -CITE- 22 USC CHAPTER 47 -EXPCITE- TITLE 22 CHAPTER 47 -HEAD- CHAPTER 47 - NUCLEAR NON-PROLIFERATION -MISC1- Sec. 3201. Congressional declaration of policy. 3202. Congressional statement of purpose. 3203. Definitions. SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE NUCLEAR FUEL SUPPLY 3221. Congressional declaration of policy. 3222. Uranium enrichment capacity. 3223. International undertakings. (a) Development of international approaches for meeting future worldwide nuclear fuel needs; international nuclear fuel authority. (b), (c) Omitted. (d) Adherence of nations to policies designed to prevent proliferation. (e) Report on progress of negotiations. (f) Congressional approval of non-treaty international undertakings; submission of proposals. 3224. Reevaluation of nuclear fuel cycle. 3224a. Studies and agreements by Secretary of Energy on multinational or international basis concerning spent fuel storage facilities and transportation systems; Congressional consent; authorization of appropriations; limitations on use of funds; exceptions; special nuclear material for India. SUBCHAPTER II - UNITED STATES INITIATIVES TO STRENGTHEN THE INTERNATIONAL SAFEGUARDS SYSTEM 3241. Congressional declaration of policy. 3242. Training program. 3243. Negotiations. 3244. Actions to combat international nuclear terrorism. (a) Actions to be taken by President. (b) Reports to Congress. SUBCHAPTER III - UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES 3261. Congressional declaration of policy; Presidential report to Congress. 3262. Programs. (a) Energy development programs. (b) Energy assessments and cooperative projects. (c) Exchange of scientists, technicians, and energy experts. (d) Authorization of appropriations. (e) Coordination with related United States activities abroad. SUBCHAPTER IV - EXECUTIVE REPORTING 3281. Annual Presidential report to Congress on governmental efforts to prevent proliferation. (a) Review of Government activities; description of progress; assessment of impact of progress; determinations regarding non-nuclear-weapon states; counterproductiveness of policies. (b) Analysis of civil agreements for cooperation. 3282. Reports by departments and agencies. (a) Reports by Nuclear Regulatory Commission and Department of Energy. (b) Additional reporting requirements. (c) Committees on Foreign Relations and Governmental Affairs of Senate and Committee on Foreign Affairs of House of Representatives to be kept informed. (d) Classified portions of reports. (e) Omitted. (f) Access by Secretary of Defense to information regarding nuclear proliferation matters; applicability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2778a, 3303, 3408, 5057 of this title; title 42 sections 2153c, 2153d, 2153e-1, 2153f. ------DocID 31522 Document 26 of 303------ -CITE- 24 USC Sec. 47 -EXPCITE- TITLE 24 CHAPTER 2 -HEAD- Sec. 47. Repealed. Pub. L. 101-189, div. A, title III, Sec. 347(3), Nov. 29, 1989, 103 Stat. 1422 -MISC1- Section, acts Jan. 16, 1891, ch. 74, 26 Stat. 718; May 29, 1920, ch. 214, 41 Stat. 655, related to custodian of funds and transfer of funds for outdoor relief. ------DocID 31719 Document 27 of 303------ -CITE- 25 USC Sec. 47 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 47. Employment of Indian labor and purchase of products of Indian industry -STATUTE- So far as may be practicable Indian labor shall be employed, and purchases of the products (including, but not limited to printing, notwithstanding any other law) of Indian industry may be made in open market in the discretion of the Secretary of the Interior. -SOURCE- (Apr. 30, 1908, ch. 153, 35 Stat. 71; June 25, 1910, ch. 431, Sec. 23, 36 Stat. 861; Nov. 1, 1988, Pub. L. 100-581, title II, Sec. 206, 102 Stat. 2940.) -COD- CODIFICATION Section is based on proviso of first sentence of section 23 of act of June 25, 1910. Remainder of first sentence of section 23 was classified to section 93 of this title prior to repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1112. -MISC3- AMENDMENTS 1988 - Pub. L. 100-581 inserted '(including, but not limited to printing, notwithstanding any other law)' after 'products'. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Standards for Indians appointed to Indian Office, see section 472 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47a, 353, 406, 564h, 697, 747, 1616a, 1633 of this title; title 23 section 204. ------DocID 33569 Document 28 of 303------ -CITE- 26 USC Sec. 47 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart E -HEAD- Sec. 47. Rehabilitation credit -STATUTE- (a) General rule For purposes of section 46, the rehabilitation credit for any taxable year is the sum of - (1) 10 percent of the qualified rehabilitation expenditures with respect to any qualified rehabilitated building other than a certified historic structure, and (2) 20 percent of the qualified rehabilitation expenditures with respect to any certified historic structure. (b) When expenditures taken into account (1) In general Qualified rehabilitation expenditures with respect to any qualified rehabilitated building shall be taken into account for the taxable year in which such qualified rehabilitated building is placed in service. (2) Coordination with subsection (d) The amount which would (but for this paragraph) be taken into account under paragraph (1) with respect to any qualified rehabilitated building shall be reduced (but not below zero) by any amount of qualified rehabilitation expenditures taken into account under subsection (d) by the taxpayer or a predecessor of the taxpayer (or, in the case of a sale and leaseback described in section 50(a)(2)(C), by the lessee), to the extent any amount so taken into account has not been required to be recaptured under section 50(a). (c) Definitions For purposes of this section - (1) Qualified rehabilitated building (A) In general The term 'qualified rehabilitated building' means any building (and its structural components) if - (i) such building has been substantially rehabilitated, (ii) such building was placed in service before the beginning of the rehabilitation, (iii) in the case of any building other than a certified historic structure, in the rehabilitation process - (I) 50 percent or more of the existing external walls of such building are retained in place as external walls, (II) 75 percent or more of the existing external walls of such building are retained in place as internal or external walls, and (III) 75 percent or more of the existing internal structural framework of such building is retained in place, and (iv) depreciation (or amortization in lieu of depreciation) is allowable with respect to such building. (B) Building must be first placed in service before 1936 In the case of a building other than a certified historic structure, a building shall not be a qualified rehabilitated building unless the building was first placed in service before 1936. (C) Substantially rehabilitated defined (i) In general For purposes of subparagraph (A)(i), a building shall be treated as having been substantially rehabilitated only if the qualified rehabilitation expenditures during the 24-month period selected by the taxpayer (at the time and in the manner prescribed by regulation) and ending with or within the taxable year exceed the greater of - (I) the adjusted basis of such building (and its structural components), or (II) $5,000. The adjusted basis of the building (and its structural components) shall be determined as of the beginning of the 1st day of such 24-month period, or of the holding period of the building, whichever is later. For purposes of the preceding sentence, the determination of the beginning of the holding period shall be made without regard to any reconstruction by the taxpayer in connection with the rehabilitation. (ii) Special rule for phased rehabilitation In the case of any rehabilitation which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the rehabilitation begins, clause (i) shall be applied by substituting '60-month period' for '24-month period'. (iii) Lessees The Secretary shall prescribe by regulation rules for applying this subparagraph to lessees. (D) Reconstruction Rehabilitation includes reconstruction. (2) Qualified rehabilitation expenditure defined (A) In general The term 'qualified rehabilitation expenditure' means any amount properly chargeable to capital account - (i) for property for which depreciation is allowable under section 168 and which is - (I) nonresidential real property, (II) residential rental property, (III) real property which has a class life of more than 12.5 years, or (IV) an addition or improvement to property described in subclause (I), (II), or (III), and (ii) in connection with the rehabilitation of a qualified rehabilitated building. (B) Certain expenditures not included The term 'qualified rehabilitation expenditure' does not include - (i) Straight line depreciation must be used Any expenditure with respect to which the taxpayer does not use the straight line method over a recovery period determined under subsection (c) or (g) of section 168. The preceding sentence shall not apply to any expenditure to the extent the alternative depreciation system of section 168(g) applies to such expenditure by reason of subparagraph (B) or (C) of section 168(g)(1). (ii) Cost of acquisition The cost of acquiring any building or interest therein. (iii) Enlargements Any expenditure attributable to the enlargement of an existing building. (iv) Certified historic structure, etc. Any expenditure attributable to the rehabilitation of a certified historic structure or a building in a registered historic district, unless the rehabilitation is a certified rehabilitation (within the meaning of subparagraph (C)). The preceding sentence shall not apply to a building in a registered historic district if - (I) such building was not a certified historic structure, (II) the Secretary of the Interior certified to the Secretary that such building is not of historic significance to the district, and (III) if the certification referred to in subclause (II) occurs after the beginning of the rehabilitation of such building, the taxpayer certifies to the Secretary that, at the beginning of such rehabilitation, he in good faith was not aware of the requirements of subclause (II). (v) Tax-exempt use property (I) In general Any expenditure in connection with the rehabilitation of a building which is allocable to the portion of such property which is (or may reasonably be expected to be) tax-exempt use property (within the meaning of section 168(h)). (II) Clause not to apply for purposes of paragraph (1)(C) This clause shall not apply for purposes of determining under paragraph (1)(C) whether a building has been substantially rehabilitated. (vi) Expenditures of lessee Any expenditure of a lessee of a building if, on the date the rehabilitation is completed, the remaining term of the lease (determined without regard to any renewal periods) is less than the recovery period determined under section 168(c). (C) Certified rehabilitation For purposes of subparagraph (B), the term 'certified rehabilitation' means any rehabilitation of a certified historic structure which the Secretary of the Interior has certified to the Secretary as being consistent with the historic character of such property or the district in which such property is located. (D) Nonresidential real property; residential rental property; class life For purposes of subparagraph (A), the terms 'nonresidential real property,' 'residential rental property,' and 'class life' have the respective meanings given such terms by section 168. (3) Certified historic structure defined (A) In general The term 'certified historic structure' means any building (and its structural components) which - (i) is listed in the National Register, or (ii) is located in a registered historic district and is certified by the Secretary of the Interior to the Secretary as being of historic significance to the district. (B) Registered historic district The term 'registered historic district' means - (i) any district listed in the National Register, and (ii) any district - (I) which is designated under a statute of the appropriate State or local government, if such statute is certified by the Secretary of the Interior to the Secretary as containing criteria which will substantially achieve the purpose of preserving and rehabilitating buildings of historic significance to the district, and (II) which is certified by the Secretary of the Interior to the Secretary as meeting substantially all of the requirements for the listing of districts in the National Register. (d) Progress expenditures (1) In general In the case of any building to which this subsection applies, except as provided in paragraph (3) - (A) if such building is self-rehabilitated property, any qualified rehabilitation expenditure with respect to such building shall be taken into account for the taxable year for which such expenditure is properly chargeable to capital account with respect to such building, and (B) if such building is not self-rehabilitated property, any qualified rehabilitation expenditure with respect to such building shall be taken into account for the taxable year in which paid. (2) Property to which subsection applies (A) In general This subsection shall apply to any building which is being rehabilitated by or for the taxpayer if - (i) the normal rehabilitation period for such building is 2 years or more, and (ii) it is reasonable to expect that such building will be a qualified rehabilitated building in the hands of the taxpayer when it is placed in service. Clauses (i) and (ii) shall be applied on the basis of facts known as of the close of the taxable year of the taxpayer in which the rehabilitation begins (or, if later, at the close of the first taxable year to which an election under this subsection applies). (B) Normal rehabilitation period For purposes of subparagraph (A), the term 'normal rehabilitation period' means the period reasonably expected to be required for the rehabilitation of the building - (i) beginning with the date on which physical work on the rehabilitation begins (or, if later, the first day of the first taxable year to which an election under this subsection applies), and (ii) ending on the date on which it is expected that the property will be available for placing in service. (3) Special rules for applying paragraph (1) For purposes of paragraph (1) - (A) Component parts, etc. Property which is to be a component part of, or is otherwise to be included in, any building to which this subsection applies shall be taken into account - (i) at a time not earlier than the time at which it becomes irrevocably devoted to use in the building, and (ii) as if (at the time referred to in clause (i)) the taxpayer had expended an amount equal to that portion of the cost to the taxpayer of such component or other property which, for purposes of this subpart, is properly chargeable (during such taxable year) to capital account with respect to such building. (B) Certain borrowing disregarded Any amount borrowed directly or indirectly by the taxpayer from the person rehabilitating the property for him shall not be treated as an amount expended for such rehabilitation. (C) Limitation for buildings which are not self-rehabilitated (i) In general In the case of a building which is not self-rehabilitated, the amount taken into account under paragraph (1)(B) for any taxable year shall not exceed the amount which represents the portion of the overall cost to the taxpayer of the rehabilitation which is properly attributable to the portion of the rehabilitation which is completed during such taxable year. (ii) Carryover of certain amounts In the case of a building which is not a self-rehabilitated building, if for the taxable year - (I) the amount which (but for clause (i)) would have been taken into account under paragraph (1)(B) exceeds the limitation of clause (i), then the amount of such excess shall be taken into account under paragraph (1)(B) for the succeeding taxable year, or (II) the limitation of clause (i) exceeds the amount taken into account under paragraph (1)(B), then the amount of such excess shall increase the limitation of clause (i) for the succeeding taxable year. (D) Determination of percentage of completion The determination under subparagraph (C)(i) of the portion of the overall cost to the taxpayer of the rehabilitation which is properly attributable to rehabilitation completed during any taxable year shall be made, under regulations prescribed by the Secretary, on the basis of engineering or architectural estimates or on the basis of cost accounting records. Unless the taxpayer establishes otherwise by clear and convincing evidence, the rehabilitation shall be deemed to be completed not more rapidly than ratably over the normal rehabilitation period. (E) No progress expenditures for certain prior periods No qualified rehabilitation expenditures shall be taken into account under this subsection for any period before the first day of the first taxable year to which an election under this subsection applies. (F) No progress expenditures for property for year it is placed in service, etc. In the case of any building, no qualified rehabilitation expenditures shall be taken into account under this subsection for the earlier of - (i) the taxable year in which the building is placed in service, or (ii) the first taxable year for which recapture is required under section 50(a)(2) with respect to such property, or for any taxable year thereafter. (4) Self-rehabilitated building For purposes of this subsection, the term 'self-rehabilitated building' means any building if it is reasonable to believe that more than half of the qualified rehabilitation expenditures for such building will be made directly by the taxpayer. (5) Election This subsection shall apply to any taxpayer only if such taxpayer has made an election under this paragraph. Such an election shall apply to the taxable year for which made and all subsequent taxable years. Such an election, once made, may be revoked only with the consent of the Secretary. -SOURCE- (Added Pub. L. 87-834, Sec. 2(b), Oct. 16, 1962, 76 Stat. 966, and amended Pub. L. 91-172, title VII, Sec. 703(c), Dec. 30, 1969, 83 Stat. 666; Pub. L. 91-676, Sec. 1, Jan. 12, 1971, 84 Stat. 2060; Pub. L. 92-178, title I, Sec. 102(c), 107(a)(1), (b)(1), Dec. 10, 1971, 85 Stat. 500, 507; Mar. 29, 1975, Pub. L. 94-12, title III, Sec. 302(b)(2)(A), (c)(1), (2), 89 Stat. 43, 44; Pub. L. 94-455, title VIII, Sec. 804(b), title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1594, 1834; Pub. L. 95-600, title III, Sec. 317(a), Nov. 6, 1978, 92 Stat. 2830; Pub. L. 95-618, title II, Sec. 241(b), Nov. 9, 1978, 92 Stat. 3193; Pub. L. 97-34, title II, Sec. 211(f)(2), (g), Aug. 13, 1981, 95 Stat. 231, 233; Pub. L. 97-248, title II, Sec. 208(a)(2)(B), Sept. 3, 1982, 96 Stat. 435; Pub. L. 97-448, title I, Sec. 102(e)(3), Jan. 12, 1983, 96 Stat. 2371; Pub. L. 98-369, div. A, title IV, Sec. 421(b)(7), 431(b)(2), (d)(4), (5), 474(o)(8), (9), July 18, 1984, 98 Stat. 794, 807, 810, 836; Pub. L. 98-443, Sec. 9(p), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 99-121, title I, Sec. 103(b)(6), Oct. 11, 1985, 99 Stat. 510; Pub. L. 99-514, title XV, Sec. 1511(c)(2), title XVIII, Sec. 1802(a)(5)(A), 1844(b)(1), (2), (4), Oct. 22, 1986, 100 Stat. 2744, 2788, 2855; Pub. L. 100-647, title I, Sec. 1002(a)(18), (26)-(28), 1007(g)(3)(A), Nov. 10, 1988, 102 Stat. 3356, 3357, 3435; Pub. L. 101-508, title XI, Sec. 11801(c)(8)(A), 11813(a), Nov. 5, 1990, 104 Stat. 1388-524, 1388-536.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-508, Sec. 11813(a), amended section generally, substituting section catchline for one which read: 'Certain dispositions, etc., of section 38 property' and in text substituting present provisions for provisions relating to general rules regarding disposition of section 38 property, nonapplicability of section in certain cases, the treatment of any increase in tax under the section, increases in nonqualified nonrecourse financing, and transfers between spouses or incident to divorce. Subsec. (b)(1) to (3). Pub. L. 101-508, Sec. 11801(c)(8)(A), inserted 'or' at end of par. (1), substituted a period for ', or' at end of par. (2), and struck out par. (3) which related to nonapplicability of subsec. (a) in the case of a transfer of section 38 property related to exchanges under final system plan for ConRail. 1988 - Subsec. (a)(5)(D). Pub. L. 100-647, Sec. 1002(a)(26)(B), struck out at end 'If, prior to a disposition to which this subsection applies, any portion of any credit is not allowable with respect to any property by reason of section 168(i)(3), such portion shall be treated (for purposes of this subparagraph) as not having been used to reduce tax liability.' Subsec. (a)(5)(E)(iii). Pub. L. 100-647, Sec. 1002(a)(26)(C), substituted '168(e)' for '168(c)'. Subsec. (a)(5)(E)(v). Pub. L. 100-647, Sec. 1002(a)(26)(A), added cl. (v). Subsec. (a)(9)(A). Pub. L. 100-647, Sec. 1002(a)(27), substituted 'section 168(h)(2)' for 'section 168(j)(4)(C)'. Subsec. (c). Pub. L. 100-647, Sec. 1007(g)(3)(A), substituted 'D, or G' for 'or D'. Subsec. (d)(1). Pub. L. 100-647, Sec. 1002(a)(18), substituted 'section 46(c)(8)(C)' for 'section 48(c)(8)(C)'. Subsec. (d)(3)(C)(i). Pub. L. 100-647, Sec. 1002(a)(28), substituted 'class life (as defined in section 168(i)(1))' for 'present class life (as defined in section 168(g)(2))' and 'no class life' for 'no present class life'. 1986 - Subsec. (a)(9). Pub. L. 99-514, Sec. 1802(a)(5)(A), added par. (9). Subsec. (d)(1). Pub. L. 99-514, Sec. 1844(b)(1), substituted 'reducing the credit base (as defined in section 48(c)(8)(C))' for 'reducing the qualified investment' and inserted 'For purposes of determining the amount of credit subject to the early disposition or cessation rules of subsection (a), the net increase in the amount of the nonqualified nonrecourse financing with respect to the property shall be treated as reducing the property's credit base (and correspondingly reducing the qualified investment in the property) in the year in which the property was first placed in service.' Subsec. (d)(3)(E)(i). Pub. L. 99-514, Sec. 1844(b)(4), inserted 'reduced by the sum of the credit recapture amounts with respect to such property for all preceding years'. Subsec. (d)(3)(F). Pub. L. 99-514, Sec. 1844(b)(2), struck out subpar. (F) which read as follows: 'The amount of any increase in tax under subsection (a) with respect to any property to which this paragraph applies shall be determined by reducing the qualified investment with respect to such property by the aggregate credit recapture amounts for all taxable years under this paragraph.' Subsec. (d)(3)(G). Pub. L. 99-514, Sec. 1511(c)(2), substituted 'determined at the underpayment rate established under section 6621' for 'determined under section 6621'. 1985 - Subsec. (a)(5)(B). Pub. L. 99-121 substituted 'For property other than 3-year property' for 'For 15-year, 10-year, and 5-year property' in table heading. 1984 - Subsec. (a)(5)(D), (6). Pub. L. 98-369, Sec. 474(o)(8), substituted 'under section 39' for 'under section 46(b)'. Subsec. (a)(7)(C). Pub. L. 98-443 substituted 'Secretary of Transportation' for 'Civil Aeronautics Board'. Subsec. (c). Pub. L. 98-369, Sec. 474(o)(9), substituted 'subpart A, B, or D' for 'subpart A'. Subsec. (d). Pub. L. 98-369, Sec. 431(b)(2), substituted 'Increases in nonqualified nonrecourse financing' for 'Property ceasing to be at risk' in heading. Subsec. (d)(1). Pub. L. 98-369, Sec. 431(b)(2), substituted provisions relating to increases in tax liability resulting from increases in nonqualified nonrecourse financing for provisions relating to increases in tax liability resulting from the taxpayer ceasing to be at risk with respect to certain property. Subsec. (d)(2). Pub. L. 98-369, Sec. 431(b)(2), substituted provisions that for purposes of par. (1), transfers of debt, or agreements to transfer, occurring more than one year after the initial borrowing shall not be treated as increasing nonqualified nonrecourse financing with respect to the taxpayer for provisions that for purposes of par. (1), such transfers (or agreements to transfer) by a qualified person to a nonqualified person would not cause the taxpayer to be treated as ceasing to be at risk. Subsec. (d)(3)(A). Pub. L. 98-369, Sec. 431(d)(4), substituted 'increasing the amount of nonqualified nonrecourse financing (within the meaning of section 46(c)(8))' for 'ceasing to be at risk'. Subsec. (d)(3)(B)(i). Pub. L. 98-369, Sec. 431(d)(5), struck out 'other than a loan described in section 46(c)(8)(B)(ii)' after 'section 46(c)(8)(F)(iv)'. Subsec. (e). Pub. L. 98-369, Sec. 421(b)(7), added subsec. (e). 1983 - Subsec. (d)(2). Pub. L. 97-448, Sec. 102(e)(3)(A), substituted 'section 46(c)(8)(D)' and 'section 46(c)(8)(B)' for 'section 48(c)(8)(D)' and 'section 48(c)(8)(B)', respectively. Subsec. (d)(3)(A). Pub. L. 97-448, Sec. 102(e)(3)(B), substituted 'section 46(c)(8)(F)' for 'section 46(c)(8)(E)'. 1982 - Subsec. (a)(5)(D). Pub. L. 97-248, Sec. 208(a)(2)(B), inserted provision that if, prior to a disposition to which this subsection applies, any portion of any credit is not allowable with respect to any property by reason of section 168(i)(3), such portion shall be treated, for purposes of this subparagraph, as not having been used to reduce tax liability. 1981 - Subsec. (a)(3)(D). Pub. L. 97-34, Sec. 211(g)(2)(A), inserted provisions relating to disposition, cessation, or change in expected use described in paragraph (5). Subsec. (a)(5), (6). Pub. L. 97-34, Sec. 211(g)(1), (2)(B), added par. (5), redesignated former par. (5) as (6) and substituted 'paragraph (1), (3), or (5)' for 'paragraph (1) or (3)'. Former par. (6) redesignated (7). Subsec. (a)(7), (8). Pub. L. 97-34, Sec. 211(g)(1), (2)(C), redesignated former par. (6) as (7), substituted 'paragraph (6)' for 'paragraph (5)', and redesignated former par. (7) as (8). Subsec. (d). Pub. L. 97-34, Sec. 211(f)(2), added subsec. (d). 1978 - Subsec. (a)(4), (5). Pub. L. 95-618, Sec. 241(b)(1), added par. (4), redesignated former par. (4) as (5) and substituted 'paragraph (2) or (4)' for 'paragraph (2)'. Subsec. (a)(6)(B). Pub. L. 95-618, Sec. 241(b)(3), substituted 'paragraph (5)' for 'paragraph (4)'. Subsec. (b)(3). Pub. L. 95-600, Sec. 317(a), added par. (3). 1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out in introductory provision and in par. (3)(C) 'or his delegate' after 'Secretary'. Subsec. (a)(7). Pub. L. 94-455, Sec. 804(b), added par. (7). 1975 - Subsec. (a)(3), (4). Pub. L. 94-12, Sec. 302(b)(2)(A), (c)(1), added par. (3), redesignated former par. (3) as (4) and substituted 'paragraph (1) or (3)' for 'paragraph (1)'. A former par. (4), relating to increase or adjustment of tax where property is destroyed by casualty, etc., was repealed by Pub. L. 92-178. Subsec. (a)(5), (6)(B). Pub. L. 94-12, Sec. 302(c)(2), substituted 'paragraph (4)' for 'paragraph (3)'. 1971 - Subsec. (a)(4). Pub. L. 92-178, Sec. 107(a)(1), struck out par. (4) relating to property destroyed by casualty, etc. Subsec. (a)(5). Pub. L. 92-178, Sec. 107(b)(1), provided for the repeal of par. (5) with the repeal not to apply, however, in the case of certain replacement property. See section 107(b)(2) of Pub. L. 92-178, set out in the Effective Date of 1971 Amendment note below. Subsec. (a)(6)(A). Pub. L. 92-178, Sec. 102(c), substituted '3 1/2 years' for '4 years'. Subsec. (a)(6). Pub. L. 91-676 added par. (6). 1969 - Subsec. (a)(5). Pub. L. 91-172, Sec. 703(c)(2), added par. (5). Subsec. (a)(4). Pub. L. 91-172, Sec. 703(c)(1), inserted provision making subpars. (B) and (C) inapplicable to any casualty or theft occurring after April 18, 1969. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 11813(a) of Pub. L. 101-508 applicable to property placed in service after Dec. 31, 1990, but not applicable to any transition property (as defined in section 49(e) of this title), any property with respect to which qualified progress expenditures were previously taken into account under section 46(d) of this title, and any property described in section 46(b)(2)(C) of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c) of Pub. L. 101-508, set out as a note under section 29 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Section 1511(d) of Pub. L. 99-514 provided that: 'The amendments made by this section (amending this section and sections 48, 167, 644, 852, 4497, 6214, 6332, 6343, 6601, 6602, 6611, 6621, 6654, 6655, and 7426 of this title and sections 1961 and 2411 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as a note under section 6621 of this title) shall apply for purposes of determining interest for periods after December 31, 1986.' Amendment by sections 1802(a)(5)(A) and 1844(b)(1), (2), (4) of Pub. L. 99-514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514, set out as a note under section 48 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-121 applicable as if included in the amendments made by section 111 of the Tax Reform Act of 1984, Pub. L. 98-369, see section 105(b)(4) of Pub. L. 99-121, set out as a note under section 168 of this title, and section 111(g) of Pub. L. 98-369, set out as an Effective Date of 1984 Amendment note under section 168 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government Organization and Employees. Amendment by section 421(b)(7) of Pub. L. 98-369 applicable to transfers after July 18, 1984, in taxable years ending after such date, subject to election to have amendment apply to transfers after 1983 or to transfers pursuant to existing decrees, see section 421(d) of Pub. L. 98-369, set out as an Effective Date note under section 1041 of this title. Amendment by section 431(b)(2), (d)(4), (5) of Pub. L. 98-369 applicable to property placed in service after July 18, 1984, in taxable years ending after such date, but not applicable to property to which subsec. (d) of this section and section 46(c)(8), (9) of this title, as enacted by section 211(f) of Pub. L. 97-34, do not apply, with the taxpayer having an option to elect retroactive application of amendment by Pub. L. 98-369, see section 431(e) of Pub. L. 98-369, set out as a note under section 46 of this title. Amendment by section 474(o)(8), (9) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Pub. L. 97-34, to which such amendment relates, see section 109 of Pub. L. 97-448, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-248 applicable to agreements entered into after July 1, 1982, or to property placed in service after that date, but not to transitional safe harbor lease property, nor to qualified leased property described in section 168(f)(8)(D)(v) of this title which is placed in service before Jan. 1, 1988, or is placed in service after such date pursuant to a binding contract or commitment entered into before April 1, 1983, and solely because of conditions which, as determined by the Secretary of the Treasury or his delegate, are not within the control of the lessor or lessee, see section 208(d)(1), (2)(A), (5) of Pub. L. 97-248, set out as a note under section 168 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 211(g) of Pub. L. 97-34 applicable to property placed in service after Dec. 31, 1980, see section 211(i)(1) of Pub. L. 97-34, set out in a note under section 46 of this title. Amendment by section 211(f)(2) of Pub. L. 97-34 not to apply to property placed in service by the taxpayer on or before Feb. 18, 1981, and property placed in service by the taxpayer after Feb. 18, 1981, where such property was acquired by the taxpayer pursuant to a binding contract entered into on or before that date, see section 211(i)(5) of Pub. L. 97-34, set out as a note under section 46 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Section 317(b) of Pub. L. 95-600 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to taxable years ending after March 31, 1976.' EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 804(b) of Pub. L. 94-455 applicable to taxable years beginning after Dec. 31, 1974, see section 804(e) of Pub. L. 94-455, set out as a note under section 48 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-12 applicable to taxable years ending after Dec. 31, 1974, see section 305(a) of Pub. L. 94-12, set out as a note under section 46 of this title. EFFECTIVE DATE OF 1971 AMENDMENTS In redetermining qualified investment for purposes of subsec. (a) of this section in the case of any property which ceases to be section 38 property with respect to the taxpayer after Aug. 15, 1971, or which becomes public utility property after such date, section 46(c)(2) of this title as amended by section 102(a) of Pub. L. 92-178 as applicable, see section 102(d)(2) of Pub. L. 92-178, set out as a note under section 46 of this title. Amendment by section 107(a)(1) of Pub. L. 92-178 applicable to casualties and thefts occurring after Aug. 15, 1971, see section 107(a)(2) of Pub. L. 92-178, set out as a note under section 46 of this title. Section 107(b)(2) of Pub. L. 92-178, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'The repeal made by paragraph (1) (repealing subsec. (a)(5) of this section) shall not apply if replacement property described in subparagraph (B) of such section 47(a)(5) is not property described in section 50 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954).' Section 102(d)(3) of Pub. L. 92-178 provided that: 'The amendment made by subsection (c) (amending this section) shall apply to leases executed after April 18, 1969.' Section 2 of Pub. L. 91-676 provided that: 'The amendment made by the first section of this Act (amending this section) shall apply to taxable years ending after April 18, 1969.' EFFECTIVE DATE Section applicable with respect to taxable years ending after Dec. 31, 1961, see section 2(h) of Pub. L. 87-834, set out as a note under section 46 of this title. SAVINGS PROVISION For provisions that nothing in amendment by Pub. L. 101-508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101-508, set out as a note under section 29 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title. CLARIFICATION OF EFFECT OF 1984 AMENDMENT ON INVESTMENT TAX CREDIT For provision that nothing in the amendments made by section 474(o) of Pub. L. 98-369, which amended this section, be construed as reducing the investment tax credit in taxable years beginning before Jan. 1, 1984, see section 475(c) of Pub. L. 98-369, set out as a note under section 46 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Federal Aviation Agency and of Administrator and other offices and officers thereof transferred by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, to Secretary of Transportation, with functions, powers, and duties of Secretary of Transportation pertaining to aviation safety to be exercised by Federal Aviation Administrator in Department of Transportation, see section 106 of Title 49, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 49, 50, 170, 469 of this title. ------DocID 34914 Document 29 of 303------ -CITE- 26 USC CHAPTER 47 -EXPCITE- TITLE 26 Subtitle D CHAPTER 47 -HEAD- CHAPTER 47 - CERTAIN GROUP HEALTH PLANS -MISC1- Sec. 5000. Certain group health plans. AMENDMENTS 1989 - Pub. L. 101-239, title VI, Sec. 6202(b)(4)(A), Dec. 19, 1989, 103 Stat. 2233, struck out 'LARGE' after 'CERTAIN' in chapter heading and 'large' after 'Certain' in item 5000. ------DocID 36177 Document 30 of 303------ -CITE- 28 USC Sec. 47 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 47. Disqualification of trial judge to hear appeal -STATUTE- No judge shall hear or determine an appeal from the decision of a case or issue tried by him. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 872.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 216, and District of Columbia Code, 1940 ed., Sec. 11-205 (Feb. 9, 1893, ch. 74, Sec. 6, 27 Stat. 435; July 30, 1894, ch. 172, Sec. 2, 28 Stat. 161; Mar. 3, 1901, ch. 854, Sec. 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, Sec. 120, 36 Stat. 1132). The provision in section 11-205 of the District of Columbia Code, 1940 ed., that a justice of the district court while on the bench of the Court of Appeals in the District of Columbia shall not sit in review of judgment, order, or decree rendered by him below, was consolidated with a similar provision of section 216 of title 28, U.S.C., 1940 ed. The consolidation simplifies the language without change of substance. References in said section 11-205 to the power to prescribe rules, requisites of record on appeal, forms of bills of exception, and procedure on appeal, were omitted as covered by Rules 73, 75, 76, of the Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of Criminal Procedure. Said section 11-205 contained a provision that on a divided opinion by the Court of Appeals for the District of Columbia the decision of the lower court should stand affirmed. This was omitted as unnecessary as merely expressing a well-established rule of law. Other provisions of said section 11-205 are incorporated in section 48 of this title. The provision of section 216 of title 28, U.S.C., 1940 ed., with respect to the competency of justices and judges to sit, was omitted as covered by section 43 of this title. Specific reference in said section 216 to the Chief Justice of the United States was likewise omitted inasmuch as he sits as a circuit justice. The provision of said section 216 with respect to assignment of district judges was omitted as covered by section 291 et seq. of this title. Provision of said section 216 relating to presiding judge was omitted as covered by section 44 of this title. ------DocID 36471 Document 31 of 303------ -CITE- 28 USC CHAPTER 47 -EXPCITE- TITLE 28 PART III CHAPTER 47 -HEAD- CHAPTER 47 - COURTS OF APPEALS -MISC1- Sec. 711. Clerks and employees. 712. Law clerks and secretaries. 713. Librarians. 714. Criers and messengers. 715. Staff attorneys and technical assistants. AMENDMENTS 1982 - Pub. L. 97-164, title I, Sec. 120(b)(2), (c)(2), Apr. 2, 1982, 96 Stat. 33, substituted 'Librarians' for 'Criers, bailiffs and messengers' in item 713 and added items 714 and 715. -CROSS- CROSS REFERENCES General provisions applicable to court officers and employees, see section 951 et seq. of this title. United States marshals to be marshals of the courts of appeals, see section 566 of this title. ------DocID 37029 Document 32 of 303------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 47 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 47. Rules by courts of appeals -STATUTE- Each court of appeals by action of a majority of the circuit judges in regular active service may from time to time make and amend rules governing its practice not inconsistent with these rules. In all cases not provided for by rule, the courts of appeals may regulate their practice in any manner not inconsistent with these rules. Copies of all rules made by a court of appeals shall upon their promulgation be furnished to the Administrative Office of the United States Courts. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES This rule continues the authority now vested in individual courts of appeals by 28 U.S.C. Sec. 2071 to make rules consistent with rules of practice and procedure promulgated by the Supreme Court. ------DocID 37093 Document 33 of 303------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 47 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 47. Jurors -STATUTE- (a) Examination of Jurors. The court may permit the parties or their attorneys to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event, the court shall permit the parties or their attorneys to supplement the examination by such further inquiry as it deems proper or shall itself submit to the prospective jurors such additional questions of the parties or their attorneys as it deems proper. (b) Alternate Jurors. The court may direct that not more than six jurors in addition to the regular jury be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to 1 peremptory challenge in addition to those otherwise allowed by law if 1 or 2 alternate jurors are to be impanelled, 2 peremptory challenges if 3 or 4 alternate jurors are to be impanelled, and 3 peremptory challenges if 5 or 6 alternate jurors are to be impanelled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). This permits a practice found very useful by Federal trial judges. For an example of a state practice in which the examination by the court is supplemented by further inquiry by counsel, see Rule 27 of the Code of Rules for the District Courts of Minnesota, 186 Minn. xxxiii (1932), 3 Minn.Stat. (Mason, supp. 1936) Appendix, 4, p. 1062. Note to Subdivision (b). The provision for an alternate juror is one often found in modern state codes. See N.C.Code (1935) Sec. 2330(a); Ohio Gen.Code Ann. (Page, Supp. 1926-1935) Sec. 11419-47; Pa.Stat.Ann. (Purdon, Supp. 1936) Title 17, Sec. 1153; compare U.S.C., Title 28, (former) Sec. 417a (Alternate jurors in criminal trials); 1 N.J.Rev.Stat. (1937) 2:91A-1, 2:91A-2, 2:91A-3. Provisions for qualifying, drawing, and challenging of jurors are found in U.S.C., Title 28: Sec. 411 (now 1861) (Qualifications and exemptions) Sec. 412 (now 1864) (Manner of drawing) Sec. 413 (now 1865) (Apportioned in district) Sec. 415 (see 1862) (Not disqualified because of race or color) Sec. 416 (now 1867) (Venire; service and return) Sec. 417 (now 1866) (Talesmen for petit jurors) Sec. 418 (now 1866) (Special juries) Sec. 423 (now 1869) (Jurors not to serve more than once a year) Sec. 424 (now 1870) (Challenges) and D.C. Code (1930) Title 18, Sec. 341-360 (Juries and Jury Commission) and Title 6, Sec. 366 (Peremptory challenges. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The revision of this subdivision brings it into line with the amendment of Rule 24(c) of the Federal Rules of Criminal Procedure. That rule previously allowed four alternate jurors, as contrasted with the two allowed in civil cases, and the amendments increase the number of a maximum of six in all cases. The Advisory Committee's Note to amended Criminal Rule 24(c) points to experience demonstrating that four alternates may not be enough in some lengthy criminal trials; and the same may be said of civil trials. The Note adds: 'The words 'or are found to be' are added to the second sentence to make clear that an alternate juror may be called in the situation where it is first discovered during the trial that a juror was unable or disqualified to preform his duties at the time he was sworn.' -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Trial jurors, see rule 24, Title 18, Appendix, Crimes and Criminal Procedure. CROSS REFERENCES Challenges of jurors, see section 1870 of this title. Jury trial of right, see rule 38. Manner of drawing trial jurors, see section 1864 of this title. Qualifications of jurors, see section 1861 of this title. ------DocID 37316 Document 34 of 303------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 47 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART IX -HEAD- Rule 47. Term 'State Court' -STATUTE- The term 'state court' when used in these Rules includes the District of Columbia Court of Appeals and the Supreme Court of the Commonwealth of Puerto Rico. See 28 U.S.C. Sec. 1257 and 1258. References in these Rules to the common law and statutes of a State include the common law and statutes of the District of Columbia and of the Commonwealth of Puerto Rico. ------DocID 37478 Document 35 of 303------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 47 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 47. Jurors -STATUTE- (a) Number of Jurors. A jury shall consist of six persons, unless a greater number is specified in the local rules of the district court for the judicial district in which the case is to be tried. (b) Examination of Jurors. The court may permit the parties or their attorneys to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event, the court shall permit the parties or their attorneys to supplement the examination by such further inquiry as it deems proper or shall itself submit to the prospective jurors such additional questions of the parties or their attorneys as it deems proper. (c) Alternate Jurors. The court may direct that not more than four jurors in addition to the regular jury be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impanelled, two peremptory challenges if three or four alternate jurors are to be impanelled, and three peremptory challenges if five or six alternate jurors are to be impanelled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror. -SOURCE- (As amended July 21, 1986, eff. Oct. 1, 1986.) ------DocID 38513 Document 36 of 303------ -CITE- 30 USC Sec. 47 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 47. Impairment of rights or interests in certain mining property -STATUTE- Nothing contained in sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43 shall be construed to impair in any way, rights or interests in mining property acquired under laws in force prior to July 9, 1870; nor to affect the provisions of the act entitled 'An act granting to A. Sutro the right-of-way and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada', approved July 25, 1866. -SOURCE- (R.S. Sec. 2344.) -REFTEXT- REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in text, were in the original 'this chapter', meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. Sec. 2318 to 2352. -COD- CODIFICATION R.S. Sec. 2344 derived from acts July 9, 1870, ch. 235, Sec. 17, 16 Stat. 218; May 10, 1872, ch. 152, Sec. 16, 17 Stat. 96. -MISC3- SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714, 1732. ------DocID 39727 Document 37 of 303------ -CITE- 33 USC Sec. 47 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 47. Eagle Lake, Louisiana-Mississippi -STATUTE- Eagle Lake, which lies partly within the limits of the State of Mississippi, in Warren County, and partly within the limits of the State of Louisiana, in Madison Parish, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (June 2, 1926, ch. 445, Sec. 1, 2, 44 Stat. 681.) ------DocID 41183 Document 38 of 303------ -CITE- 36 USC Sec. 47 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 47. Acquisition of assets and liabilities of existing organization -STATUTE- Said corporation may acquire any or all the assets of the existing unincorporated national organization known as the 'American Legion' upon discharging or satisfactorily providing for the payment and discharge of all its liabilities. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 7, 41 Stat. 285.) ------DocID 42004 Document 39 of 303------ -CITE- 36 USC CHAPTER 47 -EXPCITE- TITLE 36 CHAPTER 47 -HEAD- CHAPTER 47 - NATIONAL SKI PATROL SYSTEM, INC. -MISC1- Sec. 1501. Charter. 1502. Powers of corporation. 1503. Objects and purposes of corporation. 1504. Service of process. 1505. Membership. 1506. Board of directors. 1507. Officers. 1508. Restrictions. (a) Distribution of income or assets to members. (b) Loans. (c) Political activities. (d) Issuance of stock; dividends. 1509. Liability for acts of officers and agents. 1510. Books and records; inspection. 1511. Annual report. 1512. Reservation of right to amend or repeal chapter. 1513. 'State' defined. 1514. Tax-exempt status. ------DocID 43593 Document 40 of 303------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 47 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 47. Expedited Consideration -STATUTE- (a) Order for Brief. On motion of a party for good cause shown, by written agreement of the parties, or on its own initiative, the Court may order expedited briefing of a case. Such motion or agreement must be filed not later than ten days before the last day for filing the record on appeal. (b) Filing and Service of Briefs. If expedited consideration is ordered, the appellant's principal brief must be served and filed within 25 days after the date on which the record on appeal is filed. The Secretary's brief must be served and filed within 15 days after service of the appellant's brief. Any reply brief must be served and filed within 10 days after service of the Secretary's brief. (c) Table of Contents; Length of Briefs. Briefs filed under this rule must comply with Rule 28 (Briefs), except that principal briefs must be limited to 10 pages, reply briefs must be limited to five pages, and a table of cases is not required. ------DocID 43846 Document 41 of 303------ -CITE- 40 USC Sec. 47 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 47. Apartments of Chief of Engineers -STATUTE- The Chief of Engineers shall be furnished official apartments in one of the public buildings in the city of Washington, as may be directed by the Administrator of General Services, and shall be supplied by the Government with the stationery, instruments, books, and furniture which may be required for the performance of his duties. -SOURCE- (R.S. Sec. 1808; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION R.S. Sec. 1808 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. -MISC3- REPEALS Section 10 of act Mar. 1, 1919, ch. 86, 40 Stat. 1269, formerly set out as a credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. R.S. Sec. 1808 provided that official apartments should be furnished to the Chief of Engineers at the direction of the President. The function of allotment of space in public buildings in the District of Columbia was placed in the Public Buildings Commission by act Mar. 1, 1919, ch. 86, Sec. 10, 40 Stat. 1269. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -CROSS- CROSS REFERENCES Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 44623 Document 42 of 303------ -CITE- 41 USC Sec. 47 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 47. Duties and powers of the Committee -STATUTE- (a) Procurement list: publication in Federal Register; additions and removals (1) The Committee shall establish and publish in the Federal Register a list (hereafter in sections 46 to 48c of this title referred to as the 'procurement list') of - (A) the commodities produced by any qualified nonprofit agency for the blind or by any qualified nonprofit agency for other severely handicapped, and (B) the services provided by any such agency, which the Committee determines are suitable for procurement by the Government pursuant to sections 46 to 48c of this title. Such list shall be established and published in the Federal Register before the expiration of the thirty-day period beginning on Aug. 1, 1971, and shall initially consist of the commodities contained, on such date, in the schedule of blind-made products issued by the former Committee on Purchases of Blind-Made Products under its regulations. (2) The Committee may, by rule made in accordance with the requirements of subsections (b), (c), (d), and (e) of section 553 of title 5, add to and remove from the procurement list commodities so produced and services so provided. (b) Fair market price; price revisions The Committee shall determine the fair market price of commodities and services which are contained on the procurement list and which are offered for sale to the Government by any qualified nonprofit agency for the blind or any such agency for other severely handicapped. The Committee shall also revise from time to time in accordance with changing market conditions its price determinations with respect to such commodities and services. (c) Central nonprofit agency; designation The Committee shall designate a central nonprofit agency or agencies to facilitate the distribution (by direct allocation, subcontract, or any other means) of orders of the Government for commodities and services on the procurement list among qualified nonprofit agencies for the blind or such agencies for other severely handicapped. (d) Rules and regulations; blind-made products, priority (1) The Committee may make rules and regulations regarding (A) specifications for commodities and services on the procurement list, (B) the time of their delivery, and (C) such other matters as may be necessary to carry out the purposes of sections 46 to 48c of this title. (2) The Committee shall prescribe regulations providing that - (A) in the purchase by the Government of commodities produced and offered for sale by qualified nonprofit agencies for the blind or such agencies for other severely handicapped, priority shall be accorded to commodities produced and offered for sale by qualified nonprofit agencies for the blind, and (B) in the purchase by the Government of services offered by nonprofit agencies for the blind or such agencies for other severely handicapped, priority shall, until the end of the calendar year ending December 31, 1976, be accorded to services offered for sale by qualified nonprofit agencies for the blind. (e) Problems and production methods; study and evaluation The Committee shall make a continuing study and evaluation of its activities under sections 46 to 48c of this title for the purpose of assuring effective and efficient administration of sections 46 to 48c of this title. The Committee may study (on its own or in cooperation with other public or nonprofit private agencies) (1) problems related to the employment of the blind and of other severely handicapped individuals, and (2) the development and adaptation of production methods which would enable a greater utilization of the blind and other severely handicapped individuals. -SOURCE- (June 25, 1938, ch. 697, Sec. 2, 52 Stat. 1196; June 23, 1971, Pub. L. 92-28, Sec. 1, 85 Stat. 79.) -MISC1- AMENDMENTS 1971 - Pub. L. 92-28, in substituting subsecs. (a) to (e) for former paragraph, among other changes: extended provisions to cover commodities and services of agencies for the blind and other severely handicapped, previously limited to brooms and mops and other suitable commodities manufactured by agencies for the blind; inserted provisions incorporated in subsecs. (a) and (e); incorporated in subsec. (b) provisions for determination of fair market price and price revisions; incorporated in subsec. (c) provisions for designation of a central nonprofit agency, providing for distribution by direct allocation, subcontract, or any other means; incorporated existing provisions in subsec. (d)(1), adding par. (2) thereof; and struck out provision that no change in prices shall become effective prior to expiration of fifteen days from date on which such change is made by the Committee. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-28 effective Aug. 1, 1971, see section 2 of Pub. L. 92-28, set out as a note under section 46 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 48a of this title; title 10 section 2461; title 15 section 644. ------DocID 45779 Document 43 of 303------ -CITE- 42 USC Sec. 300ff-47 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIV Part C subpart i -HEAD- Sec. 300ff-47. Requirement of State law protection against intentional transmission -STATUTE- (a) In general The Secretary may not make a grant under section 300ff-41 of this title to a State unless the chief executive officer determines that the criminal laws of the State are adequate to prosecute any HIV infected individual, subject to the condition described in subsection (b) of this section, who - (1) makes a donation of blood, semen, or breast milk, if the individual knows that he or she is infected with HIV and intends, through such donation, to expose another HIV (FOOTNOTE 1) in the event that the donation is utilized; (FOOTNOTE 1) So in original. Probably should be 'to HIV'. (2) engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV; and (3) injects himself or herself with a hypodermic needle and subsequently provides the needle to another person for purposes of hypodermic injection, if the individual knows that he or she is infected and intends, through the provision of the needle, to expose another to such etiologic agent in the event that the needle is utilized. (b) Consent to risk of transmission The State laws described in subsection (a) of this section need not apply to circumstances under which the conduct described in paragraphs (1) through (3) of subsection (a) of this section if the individual who is subjected to the behavior involved knows that the other individual is infected and provides prior informed consent to the activity. (c) State certification with respect to required laws With respect to complying with subsection (a) of this section as a condition of receiving a grant under section 300ff-11 of this title, the Secretary may not require a State to enact any statute, or to issue any regulation, if the chief executive officer of the State certifies to the Secretary that the laws of the State are adequate. The existence of a criminal law of general application, which can be applied to the conduct described in paragraphs (1) through (3) of subsection (a) of this section, is sufficient for compliance with this section. (d) Time limitations with respect to required laws With respect to receiving a grant under section 300ff-11 of this title, if a State is unable to certify compliance with subsection (a) of this section, the Secretary may make a grant to a State under such section if - (1) for each of the fiscal years 1991 and 1992, the State provides assurances satisfactory to the Secretary that by not later than October 1, 1992, the State has in place or will establish the prohibitions described in subsection (a) of this section; and (2) for fiscal year 1993 and subsequent fiscal years, the State has established such prohibitions. -SOURCE- (July 1, 1944, ch. 373, title XXVI, Sec. 2647, as added Aug. 18, 1990, Pub. L. 101-381, title III, Sec. 301(a), 104 Stat. 603, and amended Nov. 3, 1990, Pub. L. 101-502, Sec. 6(c), 104 Stat. 1291.) -MISC1- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-502 inserted 'certifies to the Secretary that the laws of the State' before 'are adequate' in first sentence and substituted 'subsection (a) of this section,' for 'subsection (a) of this section' in second sentence. ------DocID 47924 Document 44 of 303------ -CITE- 42 USC CHAPTER 47 -EXPCITE- TITLE 42 CHAPTER 47 -HEAD- CHAPTER 47 - JUVENILE DELINQUENCY PREVENTION AND CONTROL ------DocID 51018 Document 45 of 303------ -CITE- 43 USC Sec. 47 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 47. Repealed. Aug. 7, 1946, ch. 770, Sec. 1(11), 60 Stat. 867 -MISC1- Section, act May 10, 1926, ch. 277, 44 Stat. 487, required annual statements and reports of expenditures for the benefit of Indians relating to the operation of oil and gas leases, and the mining of other minerals, on Indian lands. ------DocID 7016 Document 46 of 303------ -CITE- 2 USC Sec. 47 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 47. Mode of payment -STATUTE- The compensation of Members and Delegates shall be passed as public accounts, and paid out of the public Treasury. -SOURCE- (R.S. Sec. 46.) -COD- CODIFICATION R.S. Sec. 46 derived from acts Jan. 22, 1818, ch. 5, Sec. 3, 3 Stat. 404, and Feb. 10, 1854, ch. 11, Sec. 1, 10 Stat. 267. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 54060 Document 47 of 303------ -CITE- 47 USC CHAPTER 1 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- CHAPTER 1 - TELEGRAPHS -MISC1- Sec. 1 to 8. Repealed or Omitted. 9. Subsidized companies required to construct and operate lines. 10. Equal facilities to connecting lines; discrimination in rates. 11. Powers of Federal Communications Commission. 12. Interference with liens of United States. 13. Violations; punishment; action for damages. 14. Contracts filed with Federal Communications Commission; reports; failure to make. 15. Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines. 16. Washington-Alaska Military Cable and Telegraph System; money transfers; portion of receipts withheld. 17. Establishment of telegraph or cable lines by foreigners prohibited. ------DocID 54061 Document 48 of 303------ -CITE- 47 USC Sec. 1 to 6 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 1 to 6. Repealed. July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327 -MISC1- Section 1, R.S. Sec. 5263, related to use of public domain. Section 2, R.S. Sec. 5264, related to use of materials from public lands. Section 3, R.S. Sec. 5266; acts June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101; Mar. 6, 1943, ch. 10, Sec. 6, 57 Stat. 12, related to Government priority in transmission of messages. Section 4, R.S. Sec. 5267; act June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101, related to purchase of lines. Section 5, R.S. Sec. 5268; act June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101, related to acceptance of obligations to be filed. Section 6, R.S. Sec. 5265; act June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101, provided that rights were not transferable. EFFECTIVE DATE OF REPEAL Section 3 of act July 16, 1947, provided that: 'This Act (repealing sections 1 to 6 and 8 of this title) shall take effect on the tenth day following the enactment date thereof (July 16, 1947).' AUTHORITY OF FEDERAL COMMUNICATIONS COMMISSION; EFFECT OF REPEAL Section 2 of act July 16, 1947, provided that: 'Nothing in this Act (repealing sections 1 to 6 and 8 of this title) shall limit the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended (chapter 5 of this title), to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications.' ------DocID 54062 Document 49 of 303------ -CITE- 47 USC Sec. 7 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 7. Omitted -COD- CODIFICATION Section, act June 23, 1879, ch. 35, Sec. 1, 21 Stat. 31, was dependent upon and incorporated by reference in sections 1 to 6 and 8 of this title which were repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327. ------DocID 54063 Document 50 of 303------ -CITE- 47 USC Sec. 8 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 8. Repealed. July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327 -MISC1- Section, R.S. Sec. 5269; acts Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 252; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101, related to refusal to transmit dispatches. EFFECTIVE DATE OF REPEAL Repeal effective on tenth day following July 16, 1947, see section 3 of act July 16, 1947, set out as a note under sections 1 to 6 of this title. AUTHORITY OF FEDERAL COMMUNICATIONS COMMISSION; EFFECT OF REPEAL See note set out under section 1 of this title. ------DocID 54064 Document 51 of 303------ -CITE- 47 USC Sec. 9 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 9. Subsidized companies required to construct and operate lines -STATUTE- All railroad and telegraph companies to which the United States has granted any subsidy in lands or bonds or loan of credit for the construction of either railroad or telegraph lines, which, by the acts incorporating them, or by any act amendatory or supplementary thereto, are required to construct, maintain, or operate telegraph lines, and all companies engaged in operating said railroad or telegraph lines shall, by and through their own respective corporate officers and employees, maintain, and operate, for railroad, governmental, commercial, and all other purposes, telegraph lines, and exercise by themselves alone all the telegraph franchises conferred upon them and obligations assumed by them under the acts making the grants as aforesaid. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 1, 25 Stat. 382.) -CROSS- CROSS REFERENCES Federal Communications Commission, jurisidiction of, see section 601 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10, 11, 12, 15, 601 of this title. ------DocID 54065 Document 52 of 303------ -CITE- 47 USC Sec. 10 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 10. Equal facilities to connecting lines; discrimination in rates -STATUTE- Whenever any telegraph company which shall have accepted the provisions of sections 1 to 6 and 8 (FOOTNOTE 1) of this title, prior to the effective date of the repeal of such sections, shall extend its line to any station or office of a telegraph line belonging to any one of said railroad or telegraph companies, referred to in section 9 of this title, said telegraph company so extending its line shall have the right and said railroad or telegraph company shall allow the line of said telegraph company so extending its line to connect with the telegraph line of said railroad or telegraph company to which it is extended at the place where their lines may meet, for the prompt and convenient interchange of telegraph business between said companies; and such railroad and telegraph companies, referred to in section 9 of this title, shall so operate their respective telegraph lines as to afford equal facilities to all, without discrimination in favor of or against any person, company, or corporation whatever, and shall receive, deliver, and exchange business with connecting telegraph lines on equal terms, and affording equal facilities, and without discrimination for or against any one of such connecting lines; and such exchange of business shall be on terms just and equitable. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 2, 25 Stat. 383; Sept. 3, 1954, ch. 1263, Sec. 48, 68 Stat. 1243.) -REFTEXT- REFERENCES IN TEXT Sections 1 to 6 and 8 of this title, referred to in text, were repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327. -MISC2- AMENDMENTS 1954 - Act Sept. 3, 1954, amended section to make it clear that the rights and obligations of companies which accepted benefits under former sections 1 to 6 and 8 of this title, which have been repealed, continue irrespective of the repeal. -CROSS- CROSS REFERENCES Federal Communications Commission, jurisdiction of, see section 601 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 15, 601 of this title. ------DocID 54066 Document 53 of 303------ -CITE- 47 USC Sec. 11 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 11. Powers of Federal Communications Commission -STATUTE- If any railroad or telegraph company referred to in section 9 of this title, or company operating such railroad or telegraph line shall refuse or fail, in whole or in part, to maintain, and operate a telegraph line as provided herein, for the use of the Government or the public, for commercial and other purposes, without discrimination, or shall refuse or fail to make or continue such arrangements for the interchange of business with any connecting telegraph company, then any person, company, corporation, or connecting telegraph company may apply for relief to the Federal Communications Commission, whose duty it shall thereupon be, under such rules and regulations as said commission may prescribe, to ascertain the facts, and determine and order what arrangement is proper to be made in the particular case, and the railroad or telegraph company concerned shall abide by and perform such order; and it shall be the duty of the Federal Communications Commission, when such determination and order are made, to notify the parties concerned, and, if necessary, enforce the same by writ of mandamus in the courts of the United States, in the name of the United States, at the relation of either of said communication commissioners. The commissioners may institute any inquiry, upon their own motion, in the same manner and to the same effect as though complaint had been made. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 3, 25 Stat. 383; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101.) -TRANS- TRANSFER OF FUNCTIONS Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Application, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rules on this section, see note by Advisory Committee under rule 81. Writ of mandamus abolished, see rule 81(b). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 15, 601 of this title. ------DocID 54067 Document 54 of 303------ -CITE- 47 USC Sec. 12 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 12. Interference with liens of United States -STATUTE- In order to secure and preserve to the United States the full value and benefit of its liens upon all the telegraph lines required to be constructed by and lawfully belonging to railroad and telegraph companies referred to in section 9 of this title, and to have the same possessed, used, and operated in conformity with sections 9 to 15 of this title, it is made the duty of the Attorney General of the United States, by proper proceedings, to prevent any unlawful interference with the rights and equities of the United States under all acts of Congress relating to such railroads and telegraph lines, and to have legally ascertained and finally adjudicated all alleged rights of all persons and corporations whatever claiming in any manner any control or interest of any kind in any telegraph lines or property, or exclusive rights-of-way upon the lands of said railroad companies, or any of them, and to have all contracts and provisions of contracts set aside and annulled which have been unlawfully and beyond their powers entered into by said railroad or telegraph companies, or any of them, with any other person, company, or corporation. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 4, 25 Stat. 383.) -CROSS- CROSS REFERENCES Federal Communications Commission, jurisdiction of, see section 601 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 15, 601 of this title. ------DocID 54068 Document 55 of 303------ -CITE- 47 USC Sec. 13 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 13. Violations; punishment; action for damages -STATUTE- Any officer or agent of said railroad or telegraph companies, or of any company operating the railroads and telegraph lines of said companies, who shall refuse or fail to operate the telegraph lines of said railroad or telegraph companies under his control, or which he is engaged in operating, in the manner herein directed, or who shall refuse or fail, in such operation and use, to afford and secure to the Government and the public equal facilities, or to secure to each of said connecting telegraph lines equal advantages and facilities in the interchange of business, as herein provided for, without any discrimination whatever for or adverse to the telegraph line of any or either of said connecting companies, or shall refuse to abide by or perform and carry out within a reasonable time the order or orders of the Federal Communications Commission, shall in every such case of refusal or failure be guilty of a misdemeanor, and, on conviction thereof, shall in every such case be fined in a sum of not exceeding $1,000, and may be imprisoned not less than six months; and in every such case of refusal or failure the party aggrieved may not only cause the officer or agent guilty thereof to be prosecuted under the provisions of this section, but may also bring an action for the damages sustained thereby against the company whose officer or agent may be guilty thereof, in the district court of the United States in any State or Territory in which any portion of the road or telegraph line of said company may be situated; and in case of suit process may be served upon any agent of the company found in such State or Territory, and such service shall be held by the court good and sufficient. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 5, 25 Stat. 384; Mar. 3, 1911, ch. 231, Sec. 289, 36 Stat. 1167; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101.) -COD- CODIFICATION Words 'circuit or' which preceded 'district court' were omitted in view of the abolition of the circuit courts and the transfer of their jurisdiction to the district courts by act Mar. 3, 1911. -TRANS- TRANSFER OF FUNCTIONS Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Continuation of section under rule 4, see note by Advisory Committee under rule 4, Title 28, Appendix, Judiciary and Judicial Procedure. Process, see rule 4, Title 28, Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 15, 601 of this title. ------DocID 54069 Document 56 of 303------ -CITE- 47 USC Sec. 14 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 14. Contracts filed with Federal Communications Commission; reports; failure to make -STATUTE- It shall be the duty of each and every one of the aforesaid railroad and telegraph companies annually to report to the Federal Communications Commission, with reasonable fullness and certainty, the nature, extent, value, and condition of the telegraph lines and property then belonging to it, the gross earnings, and all expenses of maintenance, use, and operation thereof, and its relation and business with all connecting telegraph companies during the preceding year, at such time and in such manner as may be required by a system of reports which said commission shall prescribe; and if any of said railroad or telegraph companies shall refuse or fail to make such reports or any report as may be called for by said commission, or refuse to submit its books and records for inspection, such neglect or refusal shall operate as a forfeiture, in each case of such neglect or refusal, of a sum not less than $1,000 nor more than $5,000, to be recovered by the Attorney General of the United States, in the name and for the use and benefit of the United States; and it shall be the duty of the Federal Communications Commission to inform the Attorney General of all such cases of neglect or refusal, whose duty it shall be to proceed at once to judicially enforce the forfeitures herein before provided. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 6, 25 Stat. 384; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101.) -COD- CODIFICATION A provision in the original enactment of this section requiring filing of copies of contracts, agreements, etc., within 60 days from passage of act Aug. 7, 1888 was omitted. -TRANS- TRANSFER OF FUNCTIONS Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title. -CROSS- CROSS REFERENCES Exclusive jurisdiction of district court of the United States of action for recovery of forfeiture, see section 1355 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 15, 601 of this title. ------DocID 54070 Document 57 of 303------ -CITE- 47 USC Sec. 15 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 15. Reservation of power to alter, amend, or repeal act; power to fix rates and purchase lines -STATUTE- Nothing in sections 9 to 15 of this title shall be construed to affect or impair the right of Congress, at any time hereafter, to alter, amend, or repeal sections 1 to 6 and 8 (FOOTNOTE 1) of this title; and sections 9 to 15 of this title shall be subject to alteration, amendment, or repeal as, in the opinion of Congress, justice or the public welfare may require; and nothing herein contained shall be held to deny, exclude, or impair any right or remedy in the premises now or hereafter existing in the United States, or the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.), to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 7, 25 Stat. 385; Sept. 3, 1954, ch. 1263, Sec. 49, 68 Stat. 1244.) -REFTEXT- REFERENCES IN TEXT Sections 1 to 6 and 8 of this title, referred to in text, were repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327. The Communications Act of 1934, as amended, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. -MISC2- AMENDMENTS 1954 - Act Sept. 3, 1954, corrected references and struck out obsolete material. -CROSS- CROSS REFERENCES Federal Communications Commission, jurisdiction of, see section 601 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 601 of this title. ------DocID 54071 Document 58 of 303------ -CITE- 47 USC Sec. 16 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 16. Washington-Alaska Military Cable and Telegraph System; money transfers; portion of receipts withheld -STATUTE- On and after May 20, 1926, such amount of money as may be authorized by the Secretary of the Army may be withheld temporarily from the receipts of the Washington-Alaska Military Cable and Telegraph System by the auditor of said system as a working balance from which to make payments of money transfers from and to Alaska and between points within Alaska, to be accounted for accordingly. -SOURCE- (May 20, 1926, ch. 345, 44 Stat. 576; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; June 6, 1972, Pub. L. 92-310, title III, Sec. 233, 86 Stat. 214.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which permitted the expenses of procuring necessary official bonds of certain enlisted men to be paid from the receipts of the system. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted Title 10, Armed Forces, which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 54072 Document 59 of 303------ -CITE- 47 USC Sec. 17 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 17. Establishment of telegraph or cable lines by foreigners prohibited -STATUTE- No telegraph or cable lines owned or operated or controlled by persons not citizens of the United States, or by any foreign corporation or government shall be established in or permitted to enter Alaska. -SOURCE- (May 26, 1900, ch. 586, 31 Stat. 206.) -COD- CODIFICATION Section was formerly classified to section 302a of Title 48, Territories and Insular Possessions. -CROSS- CROSS REFERENCES Alaska communications disposal, disqualifications of aliens, see section 782 of Title 40, Public Buildings, Property, and Works. ------DocID 54073 Document 60 of 303------ -CITE- 47 USC CHAPTER 2 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- CHAPTER 2 - SUBMARINE CABLES -MISC1- Sec. 21. Submarine cables; willful injury to; punishment. 22. Negligent injury to submarine cables; punishment. 23. Injury to submarine cables in efforts to save life excepted. 24. Vessels laying cables; signals; avoidance of buoys. 25. Fishing vessels; duty to keep nets from cables. 26. Duties of commanders of warships. 27. Offending vessels to show nationality. 28. Penalties not to bar suits for damages. 29. Master of offending vessel punishable. 30. Definitions. 31. Summary trials. 32. Application. 33. Jurisdiction and venue of actions and offenses. 34. Licenses for landing or operating cables connecting United States with foreign country; necessity for. 35. Withholding or revoking of licenses by President; terms and conditions of licenses. 36. Preventing landing or operating of cables; injunction. 37. Violations; punishment. 38. 'United States' defined. 39. Amendment, modification, etc., of rights granted. ------DocID 54074 Document 61 of 303------ -CITE- 47 USC Sec. 21 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 21. Submarine cables; willful injury to; punishment -STATUTE- Any person who shall willfully and wrongfully break or injure, or attempt to break or injure, or who shall in any manner procure, counsel, aid, abet, or be accessory to such breaking or injury, or attempt to break or injure, a submarine cable in such manner as to interrupt or embarrass, in whole or in part, telegraphic communication, shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 1, 25 Stat. 41.) -MISC1- SHORT TITLE Act Feb. 29, 1888, ch. 17, 25 Stat. 41, which enacted sections 21 to 33 of this title, is popularly known as the 'Submarine Cable Act'. INTERNATIONAL CONVENTION The protection of submarine cables was made the subject of an international convention between the United States and Germany, Argentine Confederation, Austria-Hungary, Belgium, Brazil, Costa Rica, Denmark, Dominican Republic, Spain, United States of Columbia, France, Great Britain, Guatemala, Greece, Italy, Turkey, Netherlands, Persia, Portugal, Roumania, Russia, Salvador, Servia, Sweden and Norway, Uruguay, and the British Colonies. It was concluded Mar. 14, 1884, ratified Jan. 26, 1885, ratifications exchanged Apr. 16, 1885, proclaimed May 22, 1885, and entered into force for the United States May 1, 1888. Its provisions were set forth in 24 Stat. 989 to 1000. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 23 of this title. ------DocID 54075 Document 62 of 303------ -CITE- 47 USC Sec. 22 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 22. Negligent injury to submarine cables; punishment -STATUTE- Any person who by culpable negligence shall break or injure a submarine cable in such manner as to interrupt or embarrass, in whole or in part, telegraphic communication, shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding $500, or to both fine and imprisonment, at the discretion of the court. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 2, 25 Stat. 41.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 23 of this title. ------DocID 54076 Document 63 of 303------ -CITE- 47 USC Sec. 23 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 23. Injury to submarine cables in efforts to save life excepted -STATUTE- The provisions of sections 21 and 22 of this title shall not apply to a person who breaks or injures a cable in an effort to save the life or limb of himself or of any other person, or to save his own or any other vessel: Provided, That he takes reasonable precautions to avoid such breaking or injury. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 3, 25 Stat. 41.) ------DocID 54077 Document 64 of 303------ -CITE- 47 USC Sec. 24 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 24. Vessels laying cables; signals; avoidance of buoys -STATUTE- The master of any vessel which, while engaged in laying or repairing submarine cables, shall fail to observe the rules concerning signals that have been or shall be adopted by the parties to the convention described in section 30 of this title with a view to preventing collisions at sea; or the master of any vessel that, perceiving, or being able to perceive the said signals displayed upon a telegraph ship engaged in repairing a cable, shall not withdraw to or keep at distance of at least one nautical mile; or the master of any vessel that seeing or being able to see buoys intended to mark the position of a cable when being laid or when out of order or broken, shall not keep at a distance of at least a quarter of a nautical mile, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to imprisonment for a term not exceeding one month, or to a fine of not exceeding $500. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 4, 25 Stat. 41.) -MISC1- INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 The International Regulations for Preventing Collisions at Sea, 1972, are set out in Appendix A to Part 81 of Title 33, Code of Federal Regulations. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31 of this title. ------DocID 54078 Document 65 of 303------ -CITE- 47 USC Sec. 25 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 25. Fishing vessels; duty to keep nets from cables -STATUTE- The master of any fishing vessel who shall not keep his implements or nets at a distance of at least one nautical mile from a vessel engaged in laying or repairing a cable; or the master of any fishing vessel who shall not keep his implements or nets at a distance of at least a quarter of a nautical mile from a buoy or buoys intended to mark the position of a cable when being laid or when out of order or broken, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to imprisonment for a term not exceeding ten days, or to a fine not exceeding $250, or to both such fine and imprisonment, at the discretion of the court. Fishing vessels, on perceiving or being able to perceive the said signals displayed on a telegraph ship, shall be allowed such time as may be necessary to obey the notice thus given, not exceeding twenty-four hours, during which period no obstacle shall be placed in the way of their operations. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 5, 25 Stat. 42.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31 of this title. ------DocID 54079 Document 66 of 303------ -CITE- 47 USC Sec. 26 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 26. Duties of commanders of warships -STATUTE- For the purpose of carrying into effect the convention described in section 30 of this title a person commanding a ship of war of the United States or of any foreign state for the time being bound by the convention, or a ship specially commissioned by the Government of the United States or by the government of such foreign state, may exercise and perform the duties with respect to requiring exhibition of documents evidencing the nationality of offending vessels and making reports of infractions vested in and imposed on such officer by the convention. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 6, 25 Stat. 42.) -COD- CODIFICATION The original enactment of this section did not contain the words, 'with respect to rquiring exhibition of documents evidencing the nationality of offending vessels and making reports of infractions,' which are inserted in view of the powers conferred on commanders of vessels of war contained in article 10 of the Convention, 24 Stat. 996, set out as a note under section 27 of this title. ------DocID 54080 Document 67 of 303------ -CITE- 47 USC Sec. 27 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 27. Offending vessels to show nationality -STATUTE- Any person having the custody of the papers necessary for the preparation of the statements provided for in article 10 of the said convention with respect to reports of infractions, by officers commanding vessels of war or vessels especially commissioned, who shall refuse to exhibit them or shall violently resist persons having authority according to article 10 of said convention to draw up statements of facts in the exercise of their functions, shall be guilty of a misdemeanor, and on conviction thereof shall be liable to imprisonment not exceeding two years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 7, 25 Stat. 42.) -COD- CODIFICATION The original enactment of this section did not contain the words, 'with respect to reports of infractions, by officers commanding vessels of war or vessels especially commissioned,' which have been inserted in view of article 10 of the Convention, referred to in text, and set out as a note below. -MISC3- PROVISION OF INTERNATIONAL CONVENTION Article 10 of the International Convention for the Protection of Submarine Cables, made at Paris on May (March) 14, 1884, and proclaimed by the President of the United States on May 22, 1885, 24 Stat. 996, referred to in this section, read as follows: 'Evidence of violations of this convention may be obtained by all methods of securing proof that are allowed by the laws of the country of the court before which a case has been brought. 'When the officers commanding the vessels of war or the vessels specially commissioned for that purpose, of one of the High Contracting Parties, shall have reason to believe that an infraction of the measures provided for by this Convention has been committed by a vessel other than a vessel of war, they may require the captain or master to exhibit the official documents furnishing evidence of the nationality of the said vessel. Summary mention of such exhibition shall at once be made on the documents exhibited. 'Reports may, moreover, be prepared by the said officers, whatever may be the nationality of the inculpated vessel. These reports shall be drawn up in the form and in the language in use in the country to which the officer drawing them up belongs; they may be used as evidence in the country in which they shall be invoked, and according to the laws of such country. The accused parties and the witnesses shall have the right to add or to cause to be added thereto, in their own language, any explanations that they may deem proper; these declarations shall be duly signed.' ------DocID 54081 Document 68 of 303------ -CITE- 47 USC Sec. 28 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 28. Penalties not to bar suits for damages -STATUTE- The penalties provided in this chapter for the breaking or injury of a submarine cable shall not be a bar to a suit for damages on account of such breaking or injury. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 8, 25 Stat. 42.) ------DocID 54082 Document 69 of 303------ -CITE- 47 USC Sec. 29 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 29. Master of offending vessel punishable -STATUTE- When an offense against this chapter shall have been committed by means of a vessel, or of any boat belonging to a vessel, the master of such vessel shall, unless some other person is shown to have been in charge of and navigating such vessel or boat, be deemed to have been in charge of and navigating the same, and be liable to be punished accordingly. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 9, 25 Stat. 42.) ------DocID 54083 Document 70 of 303------ -CITE- 47 USC Sec. 30 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 30. Definitions -STATUTE- Unless the context of this chapter otherwise requires, the term 'vessel' shall be taken to mean every description of vessel used in navigation, in whatever way it is propelled; the term 'master' shall be taken to include every person having command or charge of a vessel; and the term 'person' to include a body of persons, corporate or incorporate. The term 'convention' shall be taken to mean the International Convention for the Protection of Submarine Cables, made at Paris on the 14th day of May (March), 1884, and proclaimed by the President of the United States on the 22d day of May, 1885. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 10, 25 Stat. 42.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 26 of this title. ------DocID 54084 Document 71 of 303------ -CITE- 47 USC Sec. 31 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 31. Summary trials -STATUTE- The provisions of sections 391-396 of title 33 shall extend to the trial of offenses against the provisions of sections 24 and 25 of this title. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 11, 25 Stat. 42.) ------DocID 54085 Document 72 of 303------ -CITE- 47 USC Sec. 32 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 32. Application -STATUTE- The provisions of this chapter shall be held to apply only to cables to which the convention for the time being applies. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 12, 25 Stat. 42.) ------DocID 54086 Document 73 of 303------ -CITE- 47 USC Sec. 33 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 33. Jurisdiction and venue of actions and offenses -STATUTE- The district courts of the United States shall have jurisdiction over all offenses against this chapter and of all suits of a civil nature arising thereunder, whether the infraction complained of shall have been committed within the territorial waters of the United States or on board a vessel of the United States outside of said waters. From the decrees and judgments of the district courts in actions and suits arising under this chapter appeals shall be allowed as provided by law in other cases. Criminal actions and proceedings for a violation of the provisions of this chapter shall be commenced and prosecuted in the district court for the district within which the offense was committed, and when not committed within any judicial district, then in the district court for the district within which the offender may be found; and suits of a civil nature may be commenced in the district court for any district within which the defendant may be found and shall be served with process. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 13, 25 Stat. 42; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54.) -COD- CODIFICATION Words 'and writs of error' after 'appeals' deleted in view of section 1 of act Jan. 31, 1928, which abolished writs of error and provided for similar relief by appeal. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Venue in criminal proceedings, see rule 18 et seq., Title 18, Appendix, Crimes and Criminal Procedure. CROSS REFERENCES Venue in civil actions generally, see section 1391 of Title 28, Judiciary and Judicial Procedure. ------DocID 54087 Document 74 of 303------ -CITE- 47 USC Sec. 34 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 34. Licenses for landing or operating cables connecting United States with foreign country; necessity for -STATUTE- No person shall land or operate in the United States any submarine cable directly or indirectly connecting the United States with any foreign country, or connecting one portion of the United States with any other portion thereof, unless a written license to land or operate such cable has been issued by the President of the United States. The conditions of sections 34 to 39 of this title shall not apply to cables, all of which, including both terminals, lie wholly within the continental United States. -SOURCE- (May 27, 1921, ch. 12, Sec. 1, 42 Stat. 8.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions, vested in President by sections 34 to 39 of this title, to Federal Communications Commission, see section 5(a) of Ex. Ord. No. 10530, eff. May 10, 1954, 19 F.R. 2709, set out under section 301 of Title 3, The President. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 36, 37, 38, 39 of this title. ------DocID 54088 Document 75 of 303------ -CITE- 47 USC Sec. 35 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 35. Withholding or revoking of licenses by President; terms and conditions of licenses -STATUTE- The President may withhold or revoke such license when he shall be satisfied after due notice and hearing that such action will assist in securing rights for the landing or operation of cables in foreign countries, or in maintaining the rights or interests of the United States or of its citizens in foreign countries, or will promote the security of the United States, or may grant such license upon such terms as shall be necessary to assure just and reasonable rates and service in the operation and use of cables so licensed. The license shall not contain terms or conditions granting to the licensee exclusive rights of landing or of operation in the United States. Nothing herein contained shall be construed to limit the power and jurisdiction of the Federal Communications Commission with respect to the transmission of messages. -SOURCE- (May 27, 1921, ch. 12, Sec. 2, 42 Stat. 8; June 19, 1934, ch. 652, title VII, Sec. 702(c), formerly title VI, Sec. 602(c), 48 Stat. 1102; renumbered Oct. 30, 1984, Pub. L. 98-549, Sec. 6(a), 98 Stat. 2804.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -MISC3- AMENDMENTS 1934 - Act June 19, 1934, substituted 'of the Federal Communications Commission' for 'heretofore granted the Interstate Commerce Commission'. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions vested in President by this section to Federal Communications Commission, see note set out under section 34 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 36, 38, 39, 308 of this title. ------DocID 54089 Document 76 of 303------ -CITE- 47 USC Sec. 36 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 36. Preventing landing or operating of cables; injunction -STATUTE- The President is empowered to prevent the landing of any cable about to be landed in violation of sections 34 to 39 of this title. When any such cable is about to be or is landed or is being operated without a license, any district court of the United States exercising jurisdiction in the district in which such cable is about to be or is landed, or any district court of the United States having jurisdiction of the parties, shall have jurisdiction, at the suit of the United States, to enjoin the landing or operation of such cable or to compel, by injunction, the removal thereof. -SOURCE- (May 27, 1921, ch. 12, Sec. 3, 42 Stat. 8.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions vested in President by this section to Federal Communications Commission, see note set out under section 34 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 38, 39 of this title. ------DocID 54090 Document 77 of 303------ -CITE- 47 USC Sec. 37 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 37. Violations; punishment -STATUTE- Whoever knowingly commits, instigates, or assists in any act forbidden by section 34 of this title shall be guilty of a misdemeanor and shall be fined not more than $5,000, or imprisoned for not more than one year, or both. -SOURCE- (May 27, 1921, ch. 12, Sec. 4, 42 Stat. 8.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 36, 38, 39 of this title. ------DocID 54091 Document 78 of 303------ -CITE- 47 USC Sec. 38 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 38. 'United States' defined -STATUTE- The term 'United States' as used in sections 34 to 39 of this title includes the Canal Zone and all territory continental or insular, subject to the jurisdiction of the United States of America. -SOURCE- (May 27, 1921, ch. 12, Sec. 5, 42 Stat. 8; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse. -COD- CODIFICATION Words 'the Philippine Islands' deleted on authority of Proc. No. 2695 issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, which recognized independence of Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22. Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 36, 39 of this title. ------DocID 54092 Document 79 of 303------ -CITE- 47 USC Sec. 39 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 39. Amendment, modification, etc., of rights granted -STATUTE- No right shall accrue to any government, person, or corporation under the terms of sections 34 to 39 of this title that may not be rescinded, changed, modified, or amended by the Congress. -SOURCE- (May 27, 1921, ch. 12, Sec. 6, 42 Stat. 9.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 34, 36, 38 of this title. ------DocID 54093 Document 80 of 303------ -CITE- 47 USC CHAPTER 3 -EXPCITE- TITLE 47 CHAPTER 3 -HEAD- CHAPTER 3 - RADIOTELEGRAPHS -CROSS- CROSS REFERENCES Communications Act of 1934, see section 151 et seq. of this title. ------DocID 54094 Document 81 of 303------ -CITE- 47 USC Sec. 51 to 63 -EXPCITE- TITLE 47 CHAPTER 3 -HEAD- Sec. 51 to 63. Repealed. Feb. 23, 1927, ch. 169, Sec. 39, 44 Stat. 1174 -MISC1- Section 51, act Aug. 13, 1912, ch. 287, Sec. 1, 37 Stat. 302, required license for operation of apparatus for radio communication and transmission of radiograms or signals, revocable for cause, described its interstate, foreign and local aspects, exempted the United States from its requirement and provided for special call letters for every Government station and penalties and forfeiture of offending apparatus. See sections 301, 305, 312, 501, and 503 of this title. Section 52, act Aug. 13, 1912, ch. 287, Sec. 2, 37 Stat. 303, related to form of license, United States citizenship of licensee, and contents of license, including statement of restrictions, ownership, location, purpose, wave length, and hours for work of station, subjection to rules and regulations and to closing by the President in time of war, public peril or disaster or Government use or control with payment of just compensation. See sections 307 to 309 of this title. Section 53, act Aug. 13, 1912, ch. 287, Sec. 3, 37 Stat. 303, required that operators of radio apparatus be licensed, provided for one year period of suspension of license for noncompliance with rules and regulations, declared the employment of unlicensed operators to be unlawful and provided penalty therefor and authorized the issuance of temporary permits in emergencies by collector of customs to operators on a vessel. See sections 308 and 318 of this title. Section 54, act Aug. 13, 1912, ch. 287, Sec. 4, 37 Stat. 304, subjected private and commercial stations to certain specific regulations, provided for enforcement and waiver of regulations, for grant of special temporary licenses to conduct radio tests and experiments, and prescribed general penalty for violation of regulations and reduction and remittance of such penalty and suspension or revocation of license. The Regulations, numbered First-Nineteenth, related to: (1) normal wave length; (2) other wave lengths; (3) use of a pure wave; (4) use of a sharp wave; (5) use of a standard distress wave; (6) signal of distress; (7) use of broad interfering wave for distress signals (see section 321(a) of this title); (8) distance requirement for distress signals; (9) right of way for distress signals (see section 321(b) of this title); (10) reduced power for ships near a Government station; (11) intercommunication (see section 322 of this title); (12) division of time (see section 323(a) of this title); (13) Government stations to observe divisions of time (see section 323(b) of this title); (14) use of unnecessary power (see section 324 of this title); (15) general restrictions on private stations; (16) special restrictions in the vicinities of Government stations; (17) ship stations to communicate with nearest shore stations; (18) limitations for future installations in vicinities of Government stations; (19) secrecy of messages and penalty for violations (see sections 501 and 605 of this title). See also sections 502 and 504 of this title. Section 55, act Aug. 13, 1912, ch. 287, Sec. 5, 37 Stat. 308, required license to prescribe that operator shall not willfully or maliciously interfere with any other radio communications and provided penalty for such violations. See sections 308 and 501 of this title. Section 56, act Aug. 13, 1912, ch. 287, Sec. 6, 37 Stat. 308, defined radio communication. See section 153(b) of this title. Section 57, act of Aug. 13, 1912, ch. 287, Sec. 7, 37 Stat. 308, prohibited uttering or transmitting false or fraudulent signals and prescribed penalty therefor. See sections 325 and 501 of this title. Section 58, act Aug. 13, 1912, ch. 287, Sec. 8, 37 Stat. 308, related to restriction of use of apparatus for radio communication on foreign ships. See section 306 of this title. Section 59, act Aug. 13, 1912, ch. 287, Sec. 9, 37 Stat. 308, related to jurisdictions of offenses. See section 505 of this title. Section 60, act Aug. 13, 1912, ch. 287, Sec. 10, 37 Stat. 308, declared radiotelegraph provisions to be inapplicable to Philippine Islands. See section 152 of this title. Section 61, act June 5, 1920, ch. 269, Sec. 1, 41 Stat. 1061, related to use of Government-owned radio stations and apparatus for official business, compass reports, and safety of ships. See section 305 of this title. Section 62, acts June 5, 1920, ch. 269, Sec. 2, 41 Stat. 1061; Apr. 14, 1922, ch. 132, 42 Stat. 495; Feb. 28, 1925, ch. 378, 43 Stat. 1091, related to use of Naval stations for commercial messages and rates thereof. See section 327 of this title. Section 63, act June 5, 1920, ch. 269, Sec. 3, 41 Stat. 1061, declared radiotelegraph provisions to be applicable to Government owned stations, except as otherwise provided therein. See section 305 of this title. ------DocID 54095 Document 82 of 303------ -CITE- 47 USC CHAPTER 4 -EXPCITE- TITLE 47 CHAPTER 4 -HEAD- CHAPTER 4 - RADIO ACT OF 1927 -CROSS- CROSS REFERENCES Communications Act of 1934, see section 151 et seq. of this title. ------DocID 54096 Document 83 of 303------ -CITE- 47 USC Sec. 81 to 83 -EXPCITE- TITLE 47 CHAPTER 4 -HEAD- Sec. 81 to 83. Repealed. June 19, 1934, ch. 652, Sec. 602(a), 48 Stat. 1102 -MISC1- Section 81, act Feb. 23, 1927, ch. 169, Sec. 1, 44 Stat. 1162, related to regulation of interstate and foreign radio communications and grant of license. See section 301 of this title. Section 82, act Feb. 23, 1927, ch. 169, Sec. 2, 44 Stat. 1162, related to division of United States into five zones. Section 83, acts Feb. 23, 1927, ch. 169, Sec. 3, 44 Stat. 1162; Mar. 28, 1928, ch. 263, Sec. 2, 45 Stat. 373; Mar. 4, 1929, ch. 701, Sec. 2, 45 Stat. 1559; Dec. 18, 1929, ch. 7, Sec. 2, 46 Stat. 50, related to creation of Federal Radio Commission, composition, qualifications, appointments, meetings, employees, seal, reports and compensation. See sections 151 and 154 of this title and section 5311 et seq. of Title 5, Government Organization and Employees. ------DocID 54097 Document 84 of 303------ -CITE- 47 USC Sec. 83a to 83e -EXPCITE- TITLE 47 CHAPTER 4 -HEAD- Sec. 83a to 83e. Omitted -COD- CODIFICATION Sections 83a to 83e were omitted in view of abolition of Federal Radio Commission by act June 19, 1934, ch. 652, title VI, Sec. 603, 48 Stat. 1102, which is classified to section 603 of this title. Section 83a, act June 30, 1932, ch. 314, Sec. 511, 47 Stat. 417, abolished Radio Division of Department of Commerce and transferred its powers and duties to Federal Radio Commission. Section 83b, act June 30, 1932, ch. 314, Sec. 512, 47 Stat. 417, transferred officers and employees of Radio Division to Federal Radio Commission. Section 83c, act June 30, 1932, ch. 314, Sec. 513, 47 Stat. 417, provided that orders, rules, regulations, and laws of Radio Division have continuing application until modified, amended or repealed by Federal Radio Commission. Section 83d, act June 30, 1932, ch. 314, Sec. 514, 47 Stat. 417, transferred unexpended appropriations from Radio Division to Federal Radio Commission. Section 83e, act Mar. 28, 1934, ch. 102, title I, Sec. 1, 48 Stat. 513, related to adjustment of classification or compensation of employees. ------DocID 54098 Document 85 of 303------ -CITE- 47 USC Sec. 84 -EXPCITE- TITLE 47 CHAPTER 4 -HEAD- Sec. 84. Repealed. June 19, 1934, ch. 652, Sec. 602(a), 48 Stat. 1102 -MISC1- Section, act Feb. 23, 1927, ch. 169, Sec. 4, 44 Stat. 1163, defined powers and duties of Federal Radio Commission. See sections 154(g), 303, and 409 of this title. ------DocID 54099 Document 86 of 303------ -CITE- 47 USC Sec. 84a, 84b -EXPCITE- TITLE 47 CHAPTER 4 -HEAD- Sec. 84a, 84b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647 -MISC1- Section 84a, act Mar. 4, 1929, ch. 701, Sec. 5, 45 Stat. 1559, provided for appointment and pay of general counsel, assistants to general counsel, and other legal assistants to Federal Radio Commission. Section 84b, act Dec. 18, 1929, ch. 7, Sec. 3, 46 Stat. 50, provided for appointment and pay of chief engineer, assistants to chief engineer, and other technical assistants to Federal Radio Commission. ------DocID 54100 Document 87 of 303------ -CITE- 47 USC Sec. 85 to 119 -EXPCITE- TITLE 47 CHAPTER 4 -HEAD- Sec. 85 to 119. Repealed. June 19, 1934, ch. 652, Sec. 602(a), 48 Stat. 1102 -MISC1- Section 85, acts Feb. 23, 1927, ch. 169, Sec. 5, 44 Stat. 1164; Mar. 28, 1928, ch. 263, Sec. 1, 45 Stat. 373; Mar. 4, 1929, ch. 701, Sec. 1, 45 Stat. 1559; Dec. 18, 1929, ch. 7, Sec. 1, 46 Stat. 50; May 19, 1932, ch. 192, 47 Stat. 160 related to powers and authority of Secretary of Commerce, appeals to Federal Radio Commission, grant of station license, and waiver affecting wave length. See sections 155, 303(l) to (p), 304, and 307 to 309 of this title. Section 86, act Feb. 23, 1927, ch. 169, Sec. 6, 44 Stat. 1165, related to government radio stations, regulations, control of all stations by government in national emergency and stations on vessels. See sections 305(a), (b) and 606(c) of this title. Section 87, act Feb. 23, 1927, ch. 169, Sec. 7, 44 Stat. 1165, related to compensation by government for use or control of stations during national emergency. See section 606(e) of this title. Section 88, act Feb. 23, 1927, ch. 169, Sec. 8, 44 Stat. 1166, related to special call letters for stations and application of former section 81 of this title to foreign ships. See sections 305(c) and 306 of this title. Section 89, acts Feb. 23, 1927, ch. 169, Sec. 9, 44 Stat. 1166; Mar. 28, 1928, ch. 263, Sec. 3, 5, 45 Stat. 373; Mar. 4, 1929, ch. 701, Sec. 3, 45 Stat. 1559, related to grant and renewal of station licenses and period thereof. See section 307 of this title. Section 90, act Feb. 23, 1927, ch. 169, Sec. 10, 44 Stat. 1166, related to application for station license and conditions and restrictions therein. See section 308 of this title. Section 91, acts Feb. 23, 1927, ch. 169, Sec. 11, 44 Stat. 1167; Mar. 28, 1928, ch. 263, Sec. 1, 45 Stat. 373; Mar. 4, 1929, ch. 701, Sec. 1, 45 Stat. 1559; Dec. 18, 1929, ch. 7, Sec. 1, 46 Stat. 50, related to issuance, renewal or modification of station licenses, hearing, form and terms of license. See section 309(a), (b), (d) of this title. Section 92, act Feb. 23, 1927, ch. 169, Sec. 12, 44 Stat. 1167, related to restrictions on grants and transfers of station licenses. See section 310 of this title. Section 93, act Feb. 23, 1927, ch. 169, Sec. 13, 44 Stat. 1167, related to refusal of station license to persons guilty of monopoly and liability to prosecution under laws against monopoly. See section 311 of this title. Section 94, act Feb. 23, 1927, ch. 169, Sec. 14, 44 Stat. 1168, related to revocation of station license, notice of revocation and hearing. See section 312 of this title. Section 95, act Feb. 23, 1927, ch. 169, Sec. 15, 44 Stat. 1168, related to application of laws against monopolies to radio combinations and revocation of licenses. See section 313 of this title. Section 96, acts Feb. 23, 1927, ch. 169, Sec. 16, 44 Stat. 1169; July 1, 1930, ch. 788, 46 Stat. 844, related to appeals in matters affecting permit and licenses. See section 402 of this title. Section 97, act Feb. 23, 1927, ch. 169, Sec. 17, 44 Stat. 1169, related to control by radio interests of cable, wire, telegraph or telephone system and prohibition thereof. See section 314 of this title. Section 98, act Feb. 23, 1927, ch. 169, Sec. 18, 44 Stat. 1170, related to use of broadcasting stations by legally qualified candidates and censorship over material for broadcast. See section 315(a) of this title. Section 99, act Feb. 23, 1927, ch. 169, Sec. 19, 44 Stat. 1170, related to broadcasting matter for valuable consideration and announcement of person furnishing. See section 317 of this title. Section 100, act Feb. 23, 1927, ch. 169, Sec. 20, 44 Stat. 1170, related to operation of transmitting apparatus in radio station and operator's license. See section 318 of this title. Section 101, act Feb. 23, 1927, ch. 169, Sec. 21, 44 Stat. 1170, related to permits for construction and licenses for operation of stations. See section 319 of this title. Section 102, act Feb. 23, 1927, ch. 169, Sec. 22, 44 Stat. 1171, related to stations interfering with distress signals of ships and regulation thereof. See section 320 of this title. Section 103, act Feb. 23, 1927, ch. 169, Sec. 23, 44 Stat. 1171, related to radio stations or ships and equipment and regulation thereof. See section 321 of this title. Section 104, act Feb. 23, 1927, ch. 169, Sec. 24, 44 Stat. 1171, related to shore stations and ships stations and exchanging radio communications and signals. See section 322 of this title. Section 105, act Feb. 23, 1927, ch. 169, Sec. 25, 44 Stat. 1172, related to proximity of Government and private or commercial stations causing interference and regulation thereof. See section 323 of this title. Section 106, act Feb. 23, 1927, ch. 169, Sec. 26, 44 Stat. 1172, related to limit on amount of power used at stations. See section 324 of this title. Section 107, act Feb. 23, 1927, ch. 169, Sec. 27, 44 Stat. 1172, related to divulging and publishing radio communications. See section 605 of this title. Section 108, act Feb. 23, 1927, ch. 169, Sec. 28, 44 Stat. 1172, related to false and fraudulent signals of distress and communications and rebroadcasting programs without authority. See section 325(a) of this title. Section 109, act Feb. 23, 1927, ch. 169, Sec. 29, 44 Stat. 1172, related to censorship over radio communications and signals, protection of free speech and obscene language. See section 326 of this title. Section 110, act Feb. 23, 1927, ch. 169, Sec. 30, 44 Stat. 1173, related to use of United States owned radio stations and apparatus by Secretary of Navy for transmission of press messages, etc. See section 327 of this title. Section 111, act Feb. 23, 1927, ch. 169, Sec. 31, 44 Stat. 1173, defined radio communication. See section 153(b) of this title. Section 112, act Feb. 23, 1927, ch. 169, Sec. 32, 44 Stat. 1173, related to penalties for violation of rules of licensing authority, etc. See section 502 of this title. Section 113, act Feb. 23, 1927, ch. 169, Sec. 33, 44 Stat. 1173, related to penalties for violation of statutory provisions and perjury. See section 501 of this title and section 1621 of Title 18, Crimes and Criminal Procedure. Section 114, act Feb. 23, 1927, ch. 169, Sec. 34, 44 Stat. 1173, related to jurisdiction of offenses. See section 505 of this title. Section 115, act Feb. 23, 1927, ch. 169, Sec. 35, 44 Stat. 1174, related to application of section 81 et seq. of this title to Philippine Islands and Canal Zone. See section 328 of this title. Section 116, act Feb. 23, 1927, ch. 169, Sec. 36, 44 Stat. 1174, related to administration of radio laws in Territories and insular possessions. See section 329 of this title. Section 117, act Feb. 23, 1927, ch. 169, Sec. 38, 44 Stat. 1174, related to invalidity of part of chapter and effect as to remainder. See section 608 of this title. Section 118, act Feb. 23, 1927, ch. 169, Sec. 39, 44 Stat. 1174, related to repeal of sections 51-63 and effect of repeal on existing rights. See section 602 of this title. Section 119, act Feb. 23, 1927, ch. 169, Sec. 41, 44 Stat. 1174, related to citation of section 81 et seq. of this title as 'Radio Act of 1927.' ------DocID 54101 Document 88 of 303------ -CITE- 47 USC Sec. 120, 121 -EXPCITE- TITLE 47 CHAPTER 4 -HEAD- Sec. 120, 121. Omitted -COD- CODIFICATION Section 120, act July 5, 1932, ch. 421, Sec. 1, 47 Stat. 576, related to equipment necessary on ocean-going vessels using ports in the Canal Zone. See section 361 of Title 2, Canal Zone Code. Section 121, act July 5, 1932, ch. 421, Sec. 2, 47 Stat. 576, related to jurisdiction of violations and penalties for ocean-going vessels not properly equipped. See section 362 of Title 2, Canal Zone Code. Pub. L. 96-70, title III, Sec. 3303(b), Sept. 27, 1979, 93 Stat. 499, redesignated the Canal Zone Code as the Panama Canal Code. See also section 3602(d) of Title 22, Foreign Relations and Intercourse. ------DocID 54102 Document 89 of 303------ -CITE- 47 USC CHAPTER 5 -EXPCITE- TITLE 47 CHAPTER 5 -HEAD- CHAPTER 5 - WIRE OR RADIO COMMUNICATION -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 151. Purposes of chapter; Federal Communications Commission created. 152. Application of chapter. 153. Definitions. 154. Federal Communications Commission. (a) Number of commissioners; appointment. (b) Qualifications. (c) Terms of office; vacancies. (d) Compensation of Commission members. (e) Principal office; special sessions. (f) Employees and assistants; compensation of members of Field Engineering and Monitoring Bureau; use of amateur volunteers for certain purposes; commercial radio operator examinations. (g) Expenditures. (h) Quorum; seal. (i) Duties and powers. (j) Conduct of proceedings; hearings. (k) Annual reports to Congress. (l) Record of reports. (m) Publication of reports; admissibility as evidence. (n) Compensation of appointees. (o) Use of communications in safety of life and property. 155. Commission. (a) Chairman; duties; vacancy. (b) Organization of staff. (c) Delegation of functions; exceptions to initial orders; force, effect and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal. (d) Meetings. (f) Managing Director; appointment, functions, pay. 156. Authorization of appropriations. 157. New technologies and services. 158. Charges. (a) Assessment and collection. (b) Review and adjustment of Schedule by Commission; notification to Congress; judicial review. (c) Additional charge; assessment as penalty; amount; dismissal of application or other filing. (d) Inapplicability of charges to certain radio services; waiver or deferment of payment. (e) Deposit of moneys in general fund; reimbursement of United States for administration of chapter. (f) Rules and regulations. (g) Schedule of charges. SUBCHAPTER II - COMMON CARRIERS 201. Service and charges. 202. Discriminations and preferences. (a) Charges, services, etc. (b) Charges or services included. (c) Penalty. 203. Schedules of charges. (a) Filing; public display. (b) Changes in schedule; discretion of Commission to modify requirements. (c) Overcharges and rebates. (d) Rejection or refusal. (e) Penalty for violations. 204. Hearings on new charges; suspension pending hearing; refunds; duration of hearing; appeal of order concluding hearing. 205. Commission authorized to prescribe just and reasonable charges; penalties for violations. 206. Carriers' liability for damages. 207. Recovery of damages. 208. Complaints to Commission; investigations; duration of investigation; appeal of order concluding investigation. 209. Orders for payment of money. 210. Franks and passes; free service to governmental agencies in connection with national defense. 211. Contracts of carriers; filing with Commission. 212. Interlocking directorates; officials dealing in securities. 213. Valuation of property of carrier. (a) Hearing. (b) Inventory. (c) Original cost. (d) Easement, license or franchise. (e) Improvements; changes in condition. (f) Additional information; access to records and data. (g) Interstate Commerce Commission. (h) State commissions. 214. Extension of lines or discontinuance of service; certificate of public convenience and necessity. (a) Exceptions; temporary or emergency service or discontinuance of service; changes in plant, operation or equipment. (b) Notification of Secretary of Defense, Secretary of State, and State Governor. (c) Approval or disapproval; injunction. (d) Order of Commission; hearing; penalty. 215. Examination of transactions relating to furnishing of services, equipment, etc.; reports to Congress. (a) Access to records and documents. (b) Wire telephone and telegraph services. (c) Exclusive dealing contracts. 216. Receivers and trustees; application of chapter. 217. Agents' acts and omissions; liability of carrier. 218. Management of business; inquiries by Commission. 219. Reports by carriers; contents and requirements generally. 220. Accounts, records, and memoranda. (a) Forms. (b) Depreciation charges. (c) Access to information; burden of proof. (d) Penalty for failure to comply. (e) False entry; destruction; penalty. (f) Confidentiality of information. (g) Use of other forms; alterations in prescribed forms. (h) Exemption; regulation by State commission. (i) Consultation with State commissions. (j) Report to Congress on need for further legislation. 221. Consolidations and mergers of telephone companies. (a) Notification of State Governor and State commission; public hearing; certification. (b) State jurisdiction over services. (c) Determination of property used in interstate toll service. (d) Valuation of property. 222. Competition among record carriers. (a) Definitions. (b) Exercise of authorities by Commission. (c) Implementation by Commission; procedures applicable. (d) Domestic and international market service. (e) Termination of certain statutory oversight authorities of Commission. 223. Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications. (a) Prohibited acts generally. (b) Prohibited acts for commercial purposes; defense to prosecution. (c) Restriction on access to subscribers by common carriers; judicial remedies respecting restrictions. 224. Pole attachments. (a) Definitions. (b) Authority of Commission to regulate rates, terms, and conditions; enforcement powers; promulgation of regulations. (c) State regulatory authority over rates, terms, and conditions; preemption; certification; circumstances constituting State regulation. (d) Determination of just and reasonable rates; 'usable space' defined. 225. Telecommunications services for hearing-impaired and speech-impaired individuals. (a) Definitions. (b) Availability of telecommunications relay services. (c) Provision of services. (d) Regulations. (e) Enforcement. (f) Certification. (g) Complaint. 226. Telephone operator services. (a) Definitions. (b) Requirements for providers of operator services. (c) Requirements for aggregators. (d) General rulemaking required. (e) Separate rulemaking on access and compensation. (f) Technological capability of equipment. (g) Fraud. (h) Determinations of rate compliance. (i) Statutory construction. SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO PART I - GENERAL PROVISIONS 301. License for radio communication or transmission of energy. 302. Repealed. 302a. Devices which interfere with radio reception. (a) Regulations. (b) Restrictions. (c) Exceptions. 303. Powers and duties of Commission. 303a. Standards for children's television programming. (a) Establishment. (b) Advertising duration limitations. (c) Review of advertising duration limitations; modification. (d) 'Commercial television broadcast licensee' defined. 303b. Consideration of children's television service in broadcast license renewal. 303c. Television program improvement. (a) Short title. (b) Definitions. (c) Exemption. (d) Limitations. 304. Waiver by license of claims to particular frequency or of electromagnetic spectrum. 305. Government owned stations. (a) Frequencies; compliance with regulations; stations on vessels. (b) Vessels of Maritime Administration or Inland and Coastwise Waterways Service. (c) Call letters. (d) Stations operated by foreign governments. 306. Foreign ships; application of section 301. 307. Licenses. (a) Grant. (b) Allocation of facilities. (c) Terms. (d) Renewals. (e) Operation of certain radio stations without individual licenses. 308. Requirements for license. (a) Writing; exceptions. (b) Conditions. (c) Commercial communication. 309. Application for license. (a) Considerations in granting application. (b) Time of granting application. (c) Applications not affected by subsection (b). (d) Petition to deny application; time; contents; reply; findings. (e) Hearings; intervention; evidence; burden of proof. (f) Temporary authorization of temporary operations under subsection (b). (g) Classification of applications. (h) Form and conditions of station licenses. (i) Certain initial licenses and permits; random selection procedure; significant preferences; rules. 310. License ownership restrictions. (a) Grant to or holding by foreign government or representative. (b) Grant to or holding by alien or representative, foreign corporation, etc. (c) Authorization for aliens licensed by foreign governments; multilateral or bilateral agreement to which United States and foreign country are parties as prerequisite. (d) Assignment and transfer of construction permit or station license. (e) Administration of regional concentration rules for broadcast stations. 311. Requirements as to certain applications in broadcasting service. (a) Notices of filing and hearing; form and contents. (b) Place of hearing. (c) Agreement between two or more applicants; approval of Commission; pendency of application. (d) License for operation of station; agreement to withdraw application; approval of Commission. 312. Administrative sanctions. (a) Revocation of station license or construction permit. (b) Cease and desist orders. (c) Order to show cause. (d) Burden of proof. (e) Procedure for issuance of cease and desist order. (f) 'Willful' and 'repeated' defined. 312a. Revocation of operator's license used in unlawful distribution of controlled substances. 313. Application of antitrust laws to manufacture, sale, and trade in radio apparatus. (a) Revocation of licenses. (b) Refusal of licenses and permits. 314. Competition in commerce; preservation. 315. Candidates for public office. (a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities. (b) Broadcast media rates. (c) Definitions. (d) Rules and regulations. 316. Modification by Commission of station licenses or construction permits; burden of proof. 317. Announcement of payment for broadcast. (a) Disclosure of person furnishing. (b) Disclosure to station of payments. (c) Acquiring information from station employees. (d) Waiver of announcement. (e) Rules and regulations. 318. Transmitting apparatus; operator's license. 319. Construction permits. (a) Requirements. (b) Time limitation; forfeiture. (c) Licenses for operation. (d) Government, amateur, or mobile station; waiver. 320. Stations liable to interfere with distress signals; designation and regulation. 321. Distress signals and communications; equipment on vessels; regulations. 322. Exchanging radio communications between land and ship stations and from ship to ship. 323. Interference between Government and commercial stations. 324. Use of minimum power. 325. False, fraudulent, or unauthorized transmissions. (a) False distress signals; rebroadcasting programs. (b) Broadcast to foreign countries for rebroadcast to United States; permit. (c) Application for permit. 326. Censorship. 327. Naval stations; use for commercial messages; rates. 328. Canal Zone; representation by Secretary of State. 329. Administration of radio laws in Territories and possessions. 330. Prohibition against shipment of certain television receivers. 331. Allocation of very high frequency television stations. 332. Private land mobile services. (a) Factors which Commission must consider. (b) Advisory coordinating committees. (c) Service provided by specialized mobile radio, multiple licensed radio dispatch systems, and other radio dispatch systems; common carriers; rate or entry regulation. 333. Willful or malicious interference. PART II - RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP 351. Ship radio stations and operations. 352. Exemptions. (a) Vessels excepted. (b) Radio station unreasonable or unnecessary. (c) Unforeseeable equipment failures. (d) Radio direction finding apparatus unreasonable or unnecessary. 353. Radio equipment and operators. (a) Two radio officers required. (b) One radio officer required. (c) Required watches. (d) Hours of watch. (e) Operational status of auto alarms in open sea. 353a. Operators and watches on radiotelephone equipped ships. 354. Technical requirements of equipment on radiotelegraph equipped ships. 354a. Technical requirements of equipment on radiotelephone equipped ships. 355. Survival craft. 356. Approval of installations by Commission. 357. Safety information. (a) Transmission of information concerning safety at sea. (b) Charges for transmission of safety information. (c) Reimbursement by Commission. (d) Charges for transmission of distress messages. (e) Free services. 358. Master's control over operations. 359. Certificates of compliance; issuance, modification, and cancellation. 360. Station licenses; inspection of equipment by Commission. 361. Control by Commission; review of decisions. 362. Forfeitures; recovery. PART III - RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR HIRE 381. Vessels transporting more than six passengers for hire required to be equipped with radiotelephone. 382. Vessels excepted from radiotelephone requirement. 383. Exemptions by Commission. 384. Authority of Commission; operations, installations, and additional equipment. 385. Inspections. 386. Forfeitures. PART IV - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING; GENERAL PROVISIONS SUBPART A - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES 390. Declaration of purpose. 391. Authorization of appropriations. 392. Grants for construction. (a) Applications for grants. (b) Amount of grant. (c) Information and assurances. (d) Studies. (e) Rules and regulations. (f) Minorities and women. (g) Recovering funds. (h) Recordkeeping requirements. (i) Accessibility of records. 392a. Repealed. 393. Criteria for approval and expenditures by Secretary. (a) Construction and planning grants. (b) Basis for determination. (c) Noncommercial radio broadcast station facilities. 393a. Long-range planning for facilities. SUBPART B - NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION 394. Establishment of National Endowment. (a) Purpose. (b) Establishment; contracts and grants. (c) Criteria for contracts and grants; applications for contracts and grants. (d) Amount of grants. (e) Advisory Council on Children's Educational Television. (f) Recordkeeping relating to grants; audits. (g) Issuance of rules and regulations. (h) Authorization of appropriations; availability. (i) Definitions. SUBPART C - TELECOMMUNICATIONS DEMONSTRATIONS 395. Assistance for demonstration projects. (a) Authorization for grants and contracts. (b) Application approval. (c) Contract with applicant. (d) Use of funds. (e) 'Nonbroadcast telecommunications facilities' defined. (f) Funding. (g) Summary and evaluation. (h) Recordkeeping requirements; accessibility. (i) Rules and regulations. (j) Assistance. (k) Authorization of appropriations. SUBPART D - CORPORATION FOR PUBLIC BROADCASTING 396. Corporation for Public Broadcasting. (a) Congressional declaration of policy. (b) Establishment of Corporation; application of District of Columbia Nonprofit Corporation Act. (c) Board of Directors; functions, duties, etc. (d) Election of Chairman and Vice Chairman; compensation of Board members. (e) Officers and employees; term of office, compensation, qualifications, and removal; political party affiliation, political test or qualification when taking personnel actions. (f) Nonprofit and nonpolitical nature of Corporation. (g) Purposes and activities of Corporation; powers under District of Columbia Nonprofit Corporation Act. (h) Free or reduced rate interconnection service; access to facilities. (i) Report to Congress. (j) Repeal, alteration, or amendment. (k) Financing restrictions. (l) Financial management and records. (m) Needs of minorities and other groups. SUBPART E - GENERAL PROVISIONS 397. Definitions. 398. Federal interference or control. (a) Prohibition. (b) Equal opportunity employment. (c) Control over content or distribution of programs. 399. Support of political candidates prohibited. 399a. Use of business or institutional logograms. (a) 'Business or institutional logogram' defined. (b) Permitted uses. (c) Authority of Commission not limited. 399b. Offering of certain services, facilities, or products by public broadcast station. (a) 'Advertisement' defined. (b) Offering of services, facilities, or products permitted; advertisements prohibited. (c) Use of funds from offering services, etc. (d) Development of accounting system. SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS 401. Enforcement provisions. (a) Jurisdiction. (b) Orders of Commission. (c) Duty to prosecute. 402. Judicial review of Commission's orders and decisions. (a) Procedure. (b) Right to appeal. (c) Filing notice of appeal; contents; jurisdiction; temporary orders. (d) Notice to interested parties; filing of record. (e) Intervention. (f) Records and briefs. (g) Time of hearing; procedure. (h) Remand. (i) Judgment for costs. (j) Finality of decision; review by Supreme Court. 403. Inquiry by Commission on its own motion. 404. Reports of investigations. 405. Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order. 406. Compelling furnishing of facilities; mandamus; jurisdiction. 407. Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys' fees. 408. Order not for payment of money; when effective. 409. Hearings. (a) Filing of initial decisions; exceptions. (b) Exceptions to initial decisions; memoranda; determination of Commission or authority within Commission; prohibition against consideration of own decision. (c) Notice and opportunity for participation by parties; applicability of administrative procedure provisions. (d) Applicability of administrative procedure provisions. (e) Subpenas; witnesses; production of documents; fees and mileage. (f) Designated place of hearing; aid in enforcement of orders. (g) Contempts. (h) Depositions. (i) Oaths; testimony in writing. (j) Foreign depositions. (k) Deposition fees. (l) Repealed. (m) Penalties. 410. Joint boards and commissions. (a) State joint boards; reference of communication matters; composition; jurisdiction, powers, duties, and obligations; conduct of proceedings; force and effect of joint board action; members: nomination, appointment, and rejection; allowances for expenses. (b) State commissions; conferences with Commission regarding matters of carriers subject to their jurisdiction; joint hearings; cooperation with Commission. (c) Federal-State Joint Board; reference of proceedings regarding jurisdictional separation of common carrier property and expenses between interstate and intrastate operations and other matters relating to common carrier communications of joint concern; jurisdiction, powers, duties, and obligations; recommendation of decisions; State members; presence at oral arguments and nonvoting participation in deliberations; composition; Chairman. 411. Joinder of parties. 412. Documents filed with Commission as public records; prima facie evidence; confidential records. 413. Designation of agent for service; method of service. 414. Exclusiveness of chapter. 415. Limitations of actions. (a) Recovery of charges by carrier. (b) Recovery of damages. (c) Recovery of overcharges. (d) Extension. (e) Accrual of cause of action for transmission of message. (f) Enforcement petition. (g) 'Overcharges' defined. 416. Orders of Commission. (a) Service. (b) Suspension or modification. (c) Compliance. SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES 501. General penalty. 502. Violation of rules, regulations, etc. 503. Forfeitures. (a) Rebates and offsets. (b) Activities constituting violations authorizing imposition of forfeiture penalty; amount of penalty; procedures applicable; persons subject to penalty; liability exemption period. 504. Forfeitures. (a) Recovery. (b) Remission and mitigation. (c) Use of notice of apparent liability. 505. Venue of trials. 506. Repealed. 507. Violation of Great Lakes Agreement. 508. Disclosure of payments to individuals connected with broadcasts. (a) Payments to station employees. (b) Production or preparation of programs. (c) Supplying of program or program matter. (d) Waiver of announcements under section 317(d(. (e) Announcement under section 317 as sufficient disclosure. (f) 'Service or other valuable consideration' defined. (g) Penalties. 509. Prohibited practices in contests of knowledge, skill, or chance. (a) Influencing, prearranging, or predetermining outcome. (b) 'Contest' and 'the listening or viewing public' defined. (c) Penalties. 510. Forfeiture of communications devices. (a) Violation with willful and knowing intent. (b) Seizure. (c) Laws applicable to seizure and forfeiture. (d) Disposition of forfeited property. SUBCHAPTER V-A - CABLE COMMUNICATIONS PART I - GENERAL PROVISIONS 521. Purposes. 522. Definitions. PART II - USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS 531. Cable channels for public, educational, or governmental use. (a) Authority to establish requirements with respect to designation or use of channel capacity. (b) Authority to require designation for public, educational, or governmental use. (c) Enforcement authority. (d) Promulgation of rules and procedures. (e) Editorial control by cable operator. (f) 'Institutional network' defined. 532. Cable channels for commercial use. (a) Purpose. (b) Designation of channel capacity for commercial use. (c) Use of channel capacity by unaffiliated persons; editorial control; restriction on service. (d) Right of action in district court; relief; factors not to be considered by court. (e) Petition to Commission; relief. (f) Presumption of reasonableness and good faith. (g) Promulgation of rules. (h) Cable service unprotected by Constitution. 533. Ownership restrictions. (a) Persons owning or controlling television station licensee. (b) Common carriers; direct video programming; exception; waiver. (c) Promulgation of rules. (d) Regulation of ownership by States or franchising authorities. (e) Holding of ownership interests or exercise of editorial control by States or franchising authorities. (f) Combination of interests under prior law. (g) 'Media of mass communications' defined. PART III - FRANCHISING AND REGULATION 541. General franchise requirements. (a) Authority to award franchises; public rights-of-way and easements; equal access to service. (b) No cable service without franchise; exception under prior law. (c) Status of cable system as common carrier or utility. (d) Informational tariffs; regulation by States; 'State' defined. (e) State regulation of facilities serving subscribers in multiple dwelling units. 542. Franchise fees. (a) Payment under terms of franchise. (b) Amount of fees per annum. (c) Increases passed through to subscribers. (d) Court actions; reflection of costs in rate structures. (e) Decreases passed through to subscribers. (f) Itemization of franchise fee in bill. (g) 'Franchise fee' defined. (h) Uncompensated services; taxes, fees and other assessments; limitation on fees. (i) Regulatory authority of Federal agencies. 543. Regulation of rates. (a) Limitation on regulatory power of Federal agencies, States, or franchising authorities. (b) Promulgation of regulations; scope; contents; periodic review and amendment. (c) Regulation by franchising authority during initial 2-year period. (d) Automatic granting of rate increase requests upon agency inaction within 180-day period; extension. (e) Additional increases; reduction by amount of increase under franchise provisions. (f) Nondiscrimination; facilitation of reception by hearing-impaired individuals. (g) Continued effectiveness of limitation or preemption of regulation under prior State law. (h) Report to Congress; recommendations. 544. Regulation of services, facilities, and equipment. (a) Regulation by franchising authority. (b) Requests for proposals; establishment and enforcement of requirements. (c) Enforcement authority respecting franchises effective under prior law. (d) Cable service unprotected by Constitution. (e) Technical standards. (f) Limitation on regulatory powers of Federal agencies, States, or franchising authorities; exceptions. 545. Modification of franchise obligations. (a) Grounds for modification by franchising authority; public proceeding; time of decision. (b) Judicial proceedings; grounds for modification by court. (c) Rearrangement, replacement, or removal of service. (d) Rearrangement of particular services from one service tier to another or other offering of service. (e) Requirements for services relating to public, educational, or governmental access. (f) 'Commercially impracticable' defined. 546. Renewal. (a) Commencement of proceedings; public notice and participation. (b) Submission of renewal proposals; contents; time. (c) Notice of proposal; renewal; preliminary assessment of nonrenewal; administrative review; issues; notice and opportunity for hearing; transcript; written decision. (d) Basis for denial. (e) Judicial review; grounds for relief. (f) Finality of administrative decision. (g) 'Franchise expiration' defined. (h) Alternative renewal procedures. 547. Conditions of sale. PART IV - MISCELLANEOUS PROVISIONS 551. Protection of subscriber privacy. (a) Notice to subscriber regarding personally identifiable information; 'personally identifiable information' defined. (b) Collection of personally identifiable information using cable system. (c) Disclosure of personally identifiable information. (d) Subscriber access to information. (e) Destruction of information. (f) Civil action in United States district court; damages; attorney's fees and costs; nonexclusive nature of remedy. (g) Regulation by States or franchising authorities. (h) Disclosure of information to governmental entity pursuant to court order. 552. Consumer protection. (a) Inclusion of enforcement provisions in franchise. (b) Enforcement powers of franchising authority. (c) Regulation by States or franchising authorities not preempted. 553. Unauthorized reception of cable service. (a) Unauthorized interception or receipt or assistance in intercepting or receiving service; 'assist in intercepting or receiving' defined. (b) Penalties for willful violation. (c) Civil action in district court; injunctions; damages; attorney's fees and costs; regulation by States or franchising authorities. 554. Equal employment opportunity. (a) Entities within scope of coverage. (b) Discrimination prohibited. (c) Equal opportunity programs; establishment; maintenance; execution; terms. (d) Promulgation and amendment of rules; required provisions; annual statistical report; notice and comment on amendments. (e) Annual certification of compliance; periodic investigation of employment practices. (f) Substantial failure to comply; penalties; notice to public and franchising authorities. (g) Discrimination complaints; investigation; enforcement. (h) 'Cable operator' defined; owners of multiple unit dwellings. (i) Regulatory powers of States and franchising authorities; nonexclusive nature of remedies and enforcement provisions; covered franchises. 555. Judicial proceedings. 556. Coordination of Federal, State, and local authority. (a) Regulation by States, political subdivisions, State and local agencies, and franchising authorities. (b) State jurisdiction with regard to cable services. (c) Preemption. (d) 'State' defined. 557. Existing franchises. 558. Criminal and civil liability. 559. Obscene programming. SUBCHAPTER VI - MISCELLANEOUS PROVISIONS 601. Interstate Commerce Commission and Postmaster General; duties, powers, and functions transferred to Commission. 602. Omitted. 603. Transfers from Federal Radio Commission, Interstate Commerce Commission, and Postmaster General. (a) Employees. (b) Records and property. (c) Appropriations. 604. Effect of transfer. (a) Orders, determinations, rules, regulations, permits, contracts, licenses, and privileges. (b) Proceedings, hearings, and investigations. (c) Availability of records. (d) Pending suits. 605. Unauthorized publication or use of communications. (a) Practices prohibited. (b) Exceptions. (c) Scrambling of Public Broadcasting Service programming. (d) Definitions. (e) Penalties; civil actions; remedies; attorney's fees and costs; computation of damages; regulation by State and local authorities. (f) Rights, obligations, and liabilities under other laws unaffected. (f) Universal encryption standard. (g) Rulemaking for encryption standard. 606. War powers of President. (a) Priority communications. (b) Obstruction of interstate or foreign communications. (c) Suspension or amendment of rules and regulations applicable to certain emission stations or devices. (d) Suspension or amendment of rules and regulations applicable to wire communications; closing of facilities; Government use of facilities. (e) Compensation. (f) Affect on State laws and powers. (g) Limitations upon Presidential power. (h) Penalties. 607. Effective date of chapter. 608. Separability. 609. Short title. 610. Telephone service for disabled. (a) Establishment of regulations. (b) Hearing aid compatibility requirements. (c) Technical standards. (d) Labeling of packaging materials for equipment. (e) Costs and benefits; encouragement of use of currently available technology. (f) Completion dates for rulemaking; retrofitting; periodic review of regulations. (g) Recovery of reasonable and prudent costs. (h) State enforcement. 611. Closed-captioning of public service announcements. 612. Syndicated exclusivity. 613. Discrimination. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 15, 312a, 702, 721, 741, 754 of this title; title 7 sections 923, 1932; title 15 sections 44, 4245, 4276; title 17 section 119; title 18 section 2511; title 22 section 1465bb; title 40 section 791; title 41 sections 43, 356; title 45 sections 851, 853; title 49 App. section 2605. ------DocID 54103 Document 90 of 303------ -CITE- 47 USC SUBCHAPTER I -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 54104 Document 91 of 303------ -CITE- 47 USC Sec. 151 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 151. Purposes of chapter; Federal Communications Commission created -STATUTE- For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the 'Federal Communications Commission', which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter. -SOURCE- (June 19, 1934, ch. 652, title I, Sec. 1, 48 Stat. 1064; May 20, 1937, ch. 229, Sec. 1, 50 Stat. 189.) -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. -MISC2- AMENDMENTS 1937 - Act May 20, 1937, inserted 'for the purpose of promoting safety of life and property through the use of wire and radio communication'. STUDY OF TELECOMMUNICATIONS AND INFORMATION GOALS Pub. L. 97-259, title II, Sec. 202, Sept. 13, 1982, 96 Stat. 1099, provided that: '(a) The National Telecommunications and Information Administration shall conduct a comprehensive study of the long-range international telecommunications and information goals of the United States, the specific international telecommunications and information policies necessary to promote those goals and the strategies that will ensure that the United States achieves them. The Administration shall further conduct a review of the structures, procedures, and mechanisms which are utilized by the United States to develop international telecommunications and information policy. '(b) In any study or review conducted pursuant to this section, the National Telecommunications and Information Administration shall not make public information regarding usage or traffic patterns which would damage United States commercial interests. Any such study or review shall be limited to international telecommunications policies or to domestic telecommunications issues which directly affect such policies.' COMMISSION ON GOVERNMENTAL USE OF INTERNATIONAL TELECOMMUNICATIONS Act July 29, 1954, ch. 647, 68 Stat. 587, established the Commission on Governmental Use of International Telecommunications to examine, study and report on the objectives, operations, and effectiveness of information programs with respect to the prompt development of techniques, methods, and programs for greatly expanded and far more effective operations in this vital area of foreign policy through the use of foreign telecommunications. The Commission was required to make a report of its findings and recommendations on or before Dec. 31, 1954, and the Commission ceased to exist 90 days after submission of its report to the Congress. COMMUNICATION PRIVILEGES TO PARTICIPANTS IN WORLD TELECOMMUNICATION CONFERENCES Act May 13, 1947, ch. 51, 61 Stat. 83, provided that nothing in this chapter, or in any other provision of law should be construed to prohibit United States communication common carriers from rendering free communication services to official participants in the world telecommunications conferences which were held in the United States in 1947. -EXEC- EXECUTIVE ORDER NO. 10460 Ex. Ord. No. 10460, eff. June 18, 1953, 18 F.R. 3513, as amended by Ex. Ord. No. 10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, eff. Sept. 8, 1958, 23 F.R. 6971, which related to the performance of telecommunication functions by Director of the Office of Civil and Defense Mobilization, was revoked by section 4 of Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 225, 332, 607 of this title. ------DocID 54105 Document 92 of 303------ -CITE- 47 USC Sec. 152 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 152. Application of chapter -STATUTE- (a) The provisions of this chapter shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided; but it shall not apply to persons engaged in wire or radio communication or transmission in the Canal Zone, or to wire or radio communication or transmission wholly within the Canal Zone. The provisions of this chapter shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V-A. (b) Except as provided in sections 223, 224, and 225 (FOOTNOTE 1) of this title and subject to the provisions of section 301 of this title and subchapter V-A of this chapter, nothing in this chapter shall be construed to apply or to give the Commission jurisdiction with respect to (1) charges, classifications, practices, services, facilities, or regulations for or in connection with intrastate communication service by wire or radio of any carrier, or (2) any carrier engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (3) any carrier engaged in interstate or foreign communication solely through connection by radio, or by wire and radio, with facilities, located in an adjoining State or in Canada or Mexico (where they adjoin the State in which the carrier is doing business), of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with such carrier, or (4) any carrier to which clause (2) or clause (3) of this subsection would be applicable except for furnishing interstate mobile radio communication service or radio communication service to mobile stations on land vehicles in Canada or Mexico; except that sections 201 to 205 of this title shall, except as otherwise provided therein, apply to carriers described in clauses (2), (3), and (4) of this subsection. (FOOTNOTE 1) See 1990 Amendment note below. -SOURCE- (June 19, 1934, ch. 652, title I, Sec. 2, 48 Stat. 1064; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Apr. 27, 1954, ch. 175, Sec. 1, 68 Stat. 63; Feb. 21, 1978, Pub. L. 95-234, Sec. 5, 92 Stat. 35; Oct. 30, 1984, Pub. L. 98-549, Sec. 3(a), 98 Stat. 2801; Nov. 21, 1989, Pub. L. 101-166, title V, Sec. 521(2), 103 Stat. 1193; July 26, 1990, Pub. L. 101-336, title IV, Sec. 401(b)(1), 104 Stat. 369.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse. -COD- CODIFICATION Words, 'the Philippine Islands or', were omitted from this section on authority of Proc. No. 2695, issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, which recognized the independence of the Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22. -MISC3- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-336, which directed substitution of 'sections 224 and 225' for 'section 224', was executed by substituting 'sections 223, 224, and 225' for 'section 223 or 224' to reflect the probable intent of Congress and the intervening amendment by Pub. L. 101-166 which substituted 'section 223 or 224' for 'section 224'. See 1989 Amendment note below. 1989 - Subsec. (b). Pub. L. 101-166 substituted 'section 223 or 224' for 'section 224'. 1984 - Subsec. (a). Pub. L. 98-549, Sec. 3(a)(1), inserted provision making this chapter applicable with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in subchapter V-A of this chapter. Subsec. (b). Pub. L. 98-549, Sec. 3(a)(2), inserted 'and subchapter V-A of this chapter' after 'section 301 of this title'. 1978 - Subsec. (b). Pub. L. 95-234 substituted 'Except as provided in section 224 of this title and subject' for 'Subject'. 1954 - Subsec. (b). Act Apr. 27, 1954, made it clear that intrastate communication service, whether by 'wire or radio', would not be subject to the Commission's jurisdiction over charges, classifications, etc., and added cls. (3) and (4). EFFECTIVE DATE OF 1989 AMENDMENT Section 521(3) of Pub. L. 101-166 provided that: 'The amendments made by this subsection (probably should be 'section', which amended this section and section 223 of this title) shall take effect 120 days after the date of enactment of this Act (Nov. 21, 1989).' 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 1978 AMENDMENT Section 7 of Pub. L. 95-234 provided that: 'The amendments made by this Act (enacting section 224 of this title, amending this section and sections 503 and 504 of this title, repealing sections 510 of this title, and enacting provisions set out as a note under section 609 of this title) shall take effect on the thirtieth day after the date of enactment of this Act (Feb. 21, 1978); except that the provisions of sections 503(b) and 510 of the Communications Act of 1934 (sections 503(b) and 510 of this title), as in effect on such date of enactment, shall continue to constitute the applicable law with the respect to any act or omission which occurs prior to such thirtieth day.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 153, 225 of this title. ------DocID 54106 Document 93 of 303------ -CITE- 47 USC Sec. 153 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 153. Definitions -STATUTE- For the purposes of this chapter, unless the context otherwise requires - (a) 'Wire communication' or 'communication by wire' means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. (b) 'Radio communication' or 'communication by radio' means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. (c) 'Licensee' means the holder of a radio station license granted or continued in force under authority of this chapter. (d) 'Transmission of energy by radio' or 'radio transmission of energy' includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission. (e) 'Interstate communication' or 'interstate transmission' means communication or transmission (1) from any State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, (2) from or to the United States to or from the Canal Zone, insofar as such communication or transmission takes place within the United States, or (3) between points within the United States but through a foreign country; but shall not, with respect to the provisions of subchapter II of this chapter (other than section 223 of this title), include wire or radio communication between points in the same State, Territory, or possession of the United States, or the District of Columbia, through any place outside thereof, if such communication is regulated by a State commission. (f) 'Foreign communication' or 'foreign transmission' means communication or transmission from or to any place in the United States to or from a foreign country, or between a station in the United States and a mobile station located outside the United States. (g) 'United States' means the several States and Territories, the District of Columbia, and the possessions of the United States, but does not include the Canal Zone. (h) 'Common carrier' or 'carrier' means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier. (i) 'Person' includes an individual, partnership, association, joint-stock company, trust, or corporation. (j) 'Corporation' includes any corporation, joint-stock company, or association. (k) 'Radio station' or 'station' means a station equipped to engage in radio communication or radio transmission of energy. (l) 'Mobile station' means a radio-communication station capable of being moved and which ordinarily does move. (m) 'Land station' means a station, other than a mobile station, used for radio communication with mobile stations. (n) 'Mobile service' means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes both one-way and two-way radio communication services. (o) 'Broadcasting' means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations. (p) 'Chain broadcasting' means simultaneous broadcasting of an identical program by two or more connected stations. (q) 'Amateur station' means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest. (r) 'Telephone exchange service' means service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge. (s) 'Telephone toll service' means telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service. (t) 'State commission' means the commission, board, or official (by whatever name designated) which under the laws of any State has regulatory jurisdiction with respect to intrastate operations of carriers. (u) 'Connecting carrier' means a carrier described in clauses (2), (3), or (4) of section 152(b) of this title. (v) 'State' includes the District of Columbia and the Territories and possessions. (w)(1) 'Ship' or 'vessel' includes every description of watercraft or other artificial contrivance, except aircraft, used or capable of being used as a means of transportation on water, whether or not it is actually afloat. (2) A ship shall be considered a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers. (3) A cargo ship means any ship not a passenger ship. (4) A passenger is any person carried on board a ship or vessel except (1) the officers and crew actually employed to man and operate the ship, (2) persons employed to carry on the business of the ship, and (3) persons on board a ship when they are carried, either because of the obligation laid upon the master to carry shipwrecked, distressed, or other persons in like or similar situations or by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control. (5) 'Nuclear ship' means a ship provided with a nuclear powerplant. (x) 'Radiotelegraph auto alarm' on a ship of the United States subject to the provisions of part II of subchapter III of this chapter means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the Commission. 'Radiotelegraph auto alarm' on a foreign ship means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the government of the country in which the ship is registered: Provided, That the United States and the country in which the ship is registered are parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. Nothing in this chapter or in any other provision of law shall be construed to require the recognition of a radiotelegraph auto alarm as complying with part II of subchapter III of this chapter, on a foreign ship subject to part II of subchapter III of this chapter, where the country in which the ship is registered and the United States are not parties to the same treaty, convention, or agreement prescribing the requirements for such appartus. (y)(1) 'Operator' on a ship of the United States means, for the purpose of parts II and III of subchapter III of this chapter, a person holding a radio operator's license of the proper class as prescribed and issued by the Commission. (2) 'Operator' on a foreign ship means, for the purpose of part II of subchapter III of this chapter, a person holding a certificate as such of the proper class complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force, or complying with an agreement or treaty between the United States and the country in which the ship is registered. (z)(1) 'Radio officer' on a ship of the United States means, for the purpose of part II of subchapter III of this chapter, a person holding at least a first or second class radiotelegraph operator's license as prescribed and issued by the Commission. When such person is employed to operate a radiotelegraph station aboard a ship of the United States, he is also required to be licensed as a 'radio officer' in accordance with chapter 71 of title 46. (2) 'Radio officer' on a foreign ship means, for the purpose of part II of subchapter III of this chapter, a person holding at least a first or second class radiotelegraph operator's certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force. (aa) 'Harbor' or 'port' means any place to which ships may resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This term shall apply to such places whether proclaimed public or not and whether natural or artificial. (bb) 'Safety convention' means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein. (cc) 'Station license', 'radio station license', or 'license' means that instrument of authorization required by this chapter or the rules and regulations of the Commission made pursuant to this chapter, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission. (dd) 'Broadcast station', 'broadcasting station', or 'radio broadcast station' means a radio station equipment to engage in broadcasting as herein defined. (ee) 'Construction permit' or 'permit for construction' means that instrument of authorization required by this chapter or the rules and regulations of the Commission made pursuant to this chapter for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission. (ff) 'Great Lakes Agreement' means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein. (gg) 'Private land mobile service' means a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation. -SOURCE- (June 19, 1934, ch. 652, title I, Sec. 3, 48 Stat. 1065; May 20, 1937, ch. 229, Sec. 2, 50 Stat. 189; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; July 16, 1952, ch. 879, Sec. 2, 66 Stat. 711; Apr. 27, 1954, ch. 175, Sec. 2, 3, 68 Stat. 64; Aug. 13, 1954, ch. 729, Sec. 3, 68 Stat. 707; Aug. 13, 1954, ch. 735, Sec. 1, 68 Stat. 729; Aug. 6, 1956, ch. 973, Sec. 3, 70 Stat. 1049; Aug. 13, 1965, Pub. L. 89-121, Sec. 1, 79 Stat. 511; May 3, 1968, Pub. L. 90-299, Sec. 2, 82 Stat. 112; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 120(b), 96 Stat. 1097.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in subsecs. (e) and (g), see section 3602(b) of Title 22, Foreign Relations and Intercourse. Part II of subchapter III of this chapter, referred to in subsecs. (x), (y), and (z), is classified to section 351 et seq. of this title. Part III of subchapter III of this chapter, referred to in subsec. (y), is classified to section 381 et seq. of this title. -COD- CODIFICATION In subsec. (z)(1), 'chapter 71 of title 46' substituted for 'the Act of May 12, 1948 (46 U.S.C. 229a-h)' on authority of Pub. L. 98-89, Sec. 2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of which enacted Title 46, Shipping. References to Philippine Islands in subsecs. (e) and (g) of this section omitted on authority of Proc. No. 2695, issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, which proclamation recognized the independence of Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22. -MISC3- AMENDMENTS 1982 - Subsec. (n). Pub. L. 97-259, Sec. 120(b)(2), substituted 'a radio' for 'the radio', inserted 'or receivers' after 'between mobile stations', and inserted provision that 'mobile service' includes both one-way and two-way radio communication services. Subsec. (gg). Pub. L. 97-259, Sec. 120(b)(1), added subsec. (gg). 1968 - Subsec. (e). Pub. L. 90-299 inserted '(other than section 223 of this title)' after 'subchapter II of this chapter'. 1965 - Subsec. (w)(5). Pub. L. 89-121, Sec. 1(1), added par. (5). Subsec. (x). Pub. L. 89-121, Sec. 1(2), among other changes, substituted 'radiotelegraph auto alarm' for 'auto-alarm' wherever appearing, 'receiving apparatus which responds to the radiotelegraph alarm signal' for 'receiver' in two places, and 'country in which the ship is registered' for 'country to which the ship belongs' and for 'country of origin'. Subsec. (y). Pub. L. 89-121, Sec. 1(3), struck out 'qualified operator' from pars. (1) and (2), and substituted 'country in which the ship is registered' for 'country to which the ship belongs'. Subsec. (z). Pub. L. 89-121, Sec. 1(4)(D), (E), added subsec. (z) and redesignated former subsec. (z) as (aa). Subsec. (aa). Pub. L. 89-121, Sec. 1(4)(A), (D), redesignated former subsec. (z) as (aa) and former subsec. (aa) as (bb). Subsecs. (bb) to (dd). Pub. L. 89-121, Sec. 1(4)(A), redesignated former subsecs. (aa) to (cc) as (bb) to (dd) and former subsec. (dd) as (ee). Subsec. (ee). Pub. L. 89-121, Sec. 1(4)(A), (B), redesignated former subsec. (dd) as (ee), and repealed former subsec. (ee) which defined 'existing installation'. Subsecs. (ff), (gg). Pub. L. 89-121, Sec. 1(4)(B), (C), redesignated subsec. (gg) as (ff) and repealed former subsec. (ff) which defined 'new installation'. 1956 - Subsec. (y)(2). Act Aug. 6, 1956, substituted 'parts II and III of subchapter III of this chapter' for 'part II of subchapter III of this chapter'. 1954 - Subsec. (e). Act Apr. 27, 1954, Sec. 2, obviated any possible construction that the Commission is empowered to assert common-carrier jurisdiction over point-to-point communication by radio between two points within a single State when the only possible claim that such an operation constitutes an interstate communication rests on the fact that the signal may traverse the territory of another State. Subsec. (u). Act Apr. 27, 1954, Sec. 3, inserted reference to clauses (3) and (4) of section 152(b) of this title. Subsecs. (ee), (ff). Act Aug. 13, 1954, ch. 729, added subsecs. (ee) and (ff). Subsec. (gg), 'Great Lakes Agreement'. Act Aug. 13, 1954, ch. 735, added another subsec. (ee) which for purposes of codification was designated subsec. (gg). 1952 - Subsecs. (bb) to (dd). Act July 16, 1952, added subsecs. (bb) to (dd). 1937 - Subsecs. (w) to (aa). Act May 20, 1937, added subsecs. (w) to (aa). EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as an Effective Date note under section 381 of this title. EFFECTIVE DATE OF 1954 AMENDMENT Amendment by act Aug. 13, 1954, ch. 735, effective Nov. 13, 1954, see section 6 of act Aug. 13, 1954, set out as an Effective Date note under section 507 of this title. EFFECTIVE DATE OF 1952 AMENDMENT Section 19 of act July 16, 1952, provided that: 'This Act (enacting section 1343 of Title 18, Crimes and Criminal Procedure, amending this section and sections 154, 155, 307 to 312, 315, 316, 319, 402, 405, 409, and 410 of this title, and enacting provisions set out as notes under this section and section 609 of this title) shall take effect on the date of its enactment (July 16, 1952), but - '(1) Insofar as the amendments made by this Act to the Communications Act of 1934 (this chapter) provide for procedural changes, requirements imposed by such changes shall not be mandatory as to any agency proceeding (as defined in the Administrative Procedure Act) (see sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees) with respect to which hearings have been commenced prior to the date of enactment of this Act (July 16, 1952). '(2) The amendments made by this Act to section 402 of the Communications Act of 1934 (section 402 of this title) (relating to judicial review of orders and decisions of the Commission) shall not apply with respect to any action or appeal which is pending before any court on the date of enactment of this Act (July 16, 1952).' GREAT LAKES AGREEMENT The Great Lakes Agreement, referred to in this section, relates to the bilateral Agreement for the Promotion of Safety on the Great Lakes by Means of Radio, signed at Ottawa, Canada, Feb. 21, 1952; entered into force Nov. 13, 1954, 3 UST 4926. A subsequent agreement for Promotion of Safety on the Great Lakes by Means of Radio, 1973, was signed at Ottawa, Canada, Feb. 26, 1973, and entered into force May 16, 1975, 25 UST 935. SAFETY CONVENTION The United States was a party to the International Convention for the Safety of Life at Sea, signed at London May 31, 1929, entered into force as to the United States, Nov. 7, 1936, 50 Stat. 1121, 1306. For subsequent International Conventions for the Safety of Life at Sea to which the United States has been a party, see section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder. -CROSS- CROSS REFERENCES Charges or services, see section 202 of this title. Contest for purposes of provisions relating to prohibited practices in contests of knowledge, skill, or chance, see section 509 of this title. Employee as used in provisions relating to franks and passes, see section 210 of this title. Line, see section 214 of this title. Listening or viewing public for purposes of provisions relating to prohibited practices in contests of knowledge, skill, or chance, see section 509 of this title. Overcharges as used in limitations of action provisions, see section 415 of this title. Service or other valuable consideration as used in provisions relating to disclosure of payments to individuals connected with broadcasts, see section 508 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 225, 541, 543, 556, 557, 741 of this title; title 7 section 924; title 15 section 78c; title 18 section 2510; title 22 section 1465ff. ------DocID 54107 Document 94 of 303------ -CITE- 47 USC Sec. 154 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 154. Federal Communications Commission -STATUTE- (a) Number of commissioners; appointment The Federal Communications Commission (in this chapter referred to as the 'Commission') shall be composed of five commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairman. (b) Qualifications (1) Each member of the Commission shall be a citizen of the United States. (2)(A) No member of the Commission or person employed by the Commission shall - (i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission; (ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum; (iii) be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or (iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this chapter; except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission. (B)(i) The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission. (ii) In any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver. (3) The Commission, in determining whether a company or other entity has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors) - (A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or other entity; (B) the extent to which the Commission regulates and oversees the activities of such company or other entity; (C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and (D) the perceptions held by the public regarding the business activities of such company or other entity. (4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members. (5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission. (c) Terms of office; vacancies commissioners (FOOTNOTE 1) shall be appointed for terms of five years and until their successors are appointed and have been confirmed and taken the oath of office, except that they shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he succeeds. No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission. (FOOTNOTE 1) So in original. Probably should be capitalized.'Commissioners'. (d) Compensation of Commission members Each Commissioner shall receive an annual salary at the annual rate payable from time to time for level IV of the Executive Schedule, payable in monthly installments. The Chairman of the Commission, during the period of his service as Chairman, shall receive an annual salary at the annual rate payable from time to time for level III of the Executive Schedule. (e) Principal office; special sessions The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. (f) Employees and assistants; compensation of members of Field Engineering and Monitoring Bureau; use of amateur volunteers for certain purposes; commercial radio operator examinations (1) The Commission shall have authority, subject to the provisions of the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, to appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions. (2) Without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of title 5, each commissioner may appoint three professional assistants and a secretary, each of whom shall perform such duties as such commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to chapter 51 and subchapter III of chapter 53 of title 5, and administrative assistant who shall perform such duties as the chairman shall direct. (3) The Commission shall fix a reasonable rate of extra compensation for overtime services of engineers in charge and radio engineers of the Field Engineering and Monitoring Bureau of the Federal Communications Commission, who may be required to remain on duty between the hours of 5 o'clock postmeridian and 8 o'clock antemeridian or on Sundays or holidays to perform services in connection with the inspection of ship radio equipment and apparatus for the purposes of part II of subchapter III of this chapter or the Great Lakes Agreement, on the basis of one-half day's additional pay for each two hours or fraction thereof of at least one hour that the overtime exceeds beyond 5 o'clock postmeridian (but not to exceed two and one-half days' pay for the full period from 5 o'clock postmeridian to 8 o'clock antemeridian) and two additional days' pay for Sunday or holiday duty. The said extra compensation for overtime services shall be paid by the master, owner, or agent of such vessel to the local United States collector of customs or his representative, who shall deposit such collection into the Treasury of the United States to an appropriately designated receipt account: Provided, That the amounts of such collections received by the said collector of customs or his representatives shall be covered into the Treasury as miscellaneous receipts; and the payments of such extra compensation to the several employees entitled thereto shall be made from the annual appropriations for salaries and expenses of the Commission: Provided further, That to the extent that the annual appropriations which are authorized to be made from the general fund of the Treasury are insufficient, there are authorized to be appropriated from the general fund of the Treasury such additional amounts as may be necessary to the extent that the amounts of such receipts are in excess of the amounts appropriated: Provided further, That such extra compensation shall be paid if such field employees have been ordered to report for duty and have so reported whether the actual inspection of the radio equipment or apparatus takes place or not: And provided further, That in those ports where customary working hours are other than those hereinabove mentioned, the engineers in charge are vested with authority to regulate the hours of such employees so as to agree with prevailing working hours in said ports where inspections are to be made, but nothing contained in this proviso shall be construed in any manner to alter the length of a working day for the engineers in charge and radio engineers or the overtime pay herein fixed. (4)(A) The Commission, for purposes of preparing any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher class than the class license for which the examination is being prepared. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license. (B) The Commission, for purposes of administering any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher class than the class license for which the examination is being conducted. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license. Any person who owns a significant interest in, or is an employee of, any company or other entity which is engaged in the manufacture or distribution of equipment used in connection with amateur radio transmissions, or in the preparation or distribution of any publication used in preparation for obtaining amateur station operator licenses, shall not be eligible to render any service under this subparagraph. (C)(i) The Commission, for purposes of monitoring violations of any provision of this chapter (and of any regulation prescribed by the Commission under this chapter) relating to the amateur radio service, may - (I) recruit and train any individual licensed by the Commission to operate an amateur station; and (II) accept and employ the voluntary and uncompensated services of such individual. (ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of any amateur station operator organization. (iii) The functions of individuals recruited and trained under this subparagraph shall be limited to - (I) the detection of improper amateur radio transmissions; (II) the conveyance to Commission personnel of information which is essential to the enforcement of this chapter (or regulations prescribed by the Commission under this chapter) relating to the amateur radio service; and (III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this chapter (or regulations prescribed by the Commission under this chapter) relating to the amateur radio service. Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule. (D)(i) The Commission, for purposes of monitoring violations of any provision of this chapter (and of any regulation prescribed by the Commission under this chapter) relating to the citizens band radio service, may - (I) recruit and train any citizens band radio operator; and (II) accept and employ the voluntary and uncompensated services of such operator. (ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of any citizens band radio operator organization. The Commission, in accepting and employing services of individuals under this subparagraph, shall seek to achieve a broad representation of individuals and organizations interested in citizens band radio operation. (iii) The functions of individuals recruited and trained under this subparagraph shall be limited to - (I) the detection of improper citizens band radio transmissions; (II) the conveyance to Commission personnel of information which is essential to the enforcement of this chapter (or regulations prescribed by the Commission under this chapter) relating to the citizens band radio service; and (III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this chapter (or regulations prescribed by the Commission under this chapter) relating to the citizens band radio service. Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule. (E) The Commission shall have the authority to endorse certification of individuals to perform transmitter installation, operation, maintenance, and repair duties in the private land mobile services and fixed services (as defined by the Commission by rule) if such certification programs are conducted by organizations or committees which are representative of the users in those services and which consist of individuals who are not officers or employees of the Federal Government. (F) The authority of the Commission established in this paragraph shall not be subject to or affected by the provisions of part III of title 5 or section 1342 of title 31. (G) Any person who provides services under this paragraph shall not be considered, by reason of having provided such services, a Federal employee. (H) The Commission, in accepting and employing services of individuals under subparagraphs (A), (B), and (C), shall seek to achieve a broad representation of individuals and organizations interested in amateur station operation. (I) The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph. (J) With respect to the acceptance of voluntary uncompensated services for the preparation, processing, or administration of examinations for amateur station operator licenses pursuant to subparagraph (A) or (B) of this paragraph, individuals, or organizations which provide or coordinate such authorized volunteer services may recover from examinees reimbursement for out-of-pocket costs. The total amount of allowable cost reimbursement per examinee shall not exceed $4, adjusted annually every January 1 for changes in the Department of Labor Consumer Price Index. Such individuals and organizations shall maintain records of out-of-pocket expenditures and shall certify annually to the Commission that all costs for which reimbursement was obtained were necessarily and prudently incurred. (5)(A) The Commission, for purposes of preparing and administering any examination for a commercial radio operator license or endorsement, may accept and employ the services of persons that the Commission determines to be qualified. Any person so employed may not receive compensation for such services, but may recover from examinees such fees as the Commission permits, considering such factors as public service and cost estimates submitted by such person. (B) The Commission may prescribe regulations to select, oversee, sanction, and dismiss any person authorized under this paragraph to be employed by the Commission. (C) Any person who provides services under this paragraph or who provides goods in connection with such services shall not, by reason of having provided such service or goods, be considered a Federal or special government employee. (g) Expenditures (1) The Commission may make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for office supplies, law books, periodicals, and books of reference, for printing and binding, for land for use as sites for radio monitoring stations and related facilities, including living quarters where necessary in remote areas, for the construction of such stations and facilities, and for the improvement, furnishing, equipping, and repairing of such stations and facilities and of laboratories and other related facilities (including construction of minor subsidiary buildings and structures not exceeding $25,000 in any one instance) used in connection with technical research activities), as may be necessary for the execution of the functions vested in the Commission and as may be appropriated for by the Congress in accordance with the authorizations of appropriations established in section 156 of this title. All expenditures of the Commission, including all necessary expenses for transportation incurred by the commissioners or by their employees, under their orders, in making any investigation or upon any official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission or by such other member or officer thereof as may be designated by the Commission for that purpose. (2)(A) If - (i) the necessary expenses specified in the last sentence of paragraph (1) have been incurred for the purpose of enabling commissioners or employees of the Commission to attend and participate in any convention, conference, or meeting; (ii) such attendance and participation are in furtherance of the functions of the Commission; and (iii) such attendance and participation are requested by the person sponsoring such convention, conference, or meeting; then the Commission shall have authority to accept direct reimbursement from such sponsor for such necessary expenses. (B) The total amount of unreimbursed expenditures made by the Commission for travel for any fiscal year, together with the total amount of reimbursements which the Commission accepts under subparagraph (A) for such fiscal year, shall not exceed the level of travel expenses appropriated to the Commission for such fiscal year. (C) The Commission shall submit to the appropriate committees of the Congress, and publish in the Federal Register, quarterly reports specifying reimbursements which the Commission has accepted under this paragraph. (D) The provisions of this paragraph shall cease to have any force or effect at the end of fiscal year 1992. (E) Funds which are received by the Commission as reimbursements under the provisions of this paragraph after the close of a fiscal year shall remain available for obligation. (h) Quorum; seal Three members of the Commission shall constitute a quorum thereof. The Commission shall have an official seal which shall be judicially noticed. (i) Duties and powers The Commission may perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this chapter, as may be necessary in the execution of its functions. (j) Conduct of proceedings; hearings The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. Any party may appear before the Commission and be heard in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of any party interested. The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense. (k) Annual reports to Congress The Commission shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain - (1) such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy; (2) such information and data concerning the functioning of the Commission as will be of value to Congress in appraising the amount and character of the work and accomplishments of the Commission and the adequacy of its staff and equipment; (3) an itemized statement of all funds expended during the preceding year by the Commission, of the sources of such funds, and of the authority in this chapter or elsewhere under which such expenditures were made; and (4) specific recommendations to Congress as to additional legislation which the Commission deems necessary or desirable, including all legislative proposals submitted for approval to the Director of the Office of Management and Budget. (l) Record of reports All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier or licensee that may have been complained of. (m) Publication of reports; admissibility as evidence The Commission shall provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. (n) Compensation of appointees Rates of compensation of persons appointed under this section shall be subject to the reduction applicable to officers and employees of the Federal Government generally. (o) Use of communications in safety of life and property For the purpose of obtaining maximum effectiveness from the use of radio and wire communications in connection with safety of life and property, the Commission shall investigate and study all phases of the problem and the best methods of obtaining the cooperation and coordination of these systems. -SOURCE- (June 19, 1934, ch. 652, title I, Sec. 4, 48 Stat. 1066; Jan. 22, 1936, ch. 25, 49 Stat. 1098; May 20, 1937, ch. 229, Sec. 3, 4, 50 Stat. 190; Mar. 23, 1941, ch. 24, 55 Stat. 46; July 16, 1952, ch. 879, Sec. 3, 66 Stat. 711; Aug. 13, 1954, ch. 735, Sec. 2, 68 Stat. 729; June 29, 1960, Pub. L. 86-533, Sec. 1(24), 74 Stat. 249; July 12, 1960, Pub. L. 86-619, Sec. 2, 74 Stat. 407; Sept. 13, 1960, Pub. L. 86-752, Sec. 2, 74 Stat. 889; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1251(b), 95 Stat. 738; Sept. 8, 1982, Pub. L. 97-253, title V, Sec. 501(b)(1)-(3), 96 Stat. 805, 806; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 102-104, 96 Stat. 1087-1089; Dec. 8, 1983, Pub. L. 98-214, Sec. 10, 11, 97 Stat. 1471; Apr. 7, 1986, Pub. L. 99-272, title V, Sec. 5002(b), 100 Stat. 118; June 6, 1986, Pub. L. 99-334, Sec. 1(a), 100 Stat. 513; Nov. 3, 1988, Pub. L. 100-594, Sec. 3, 102 Stat. 3021; Sept. 28, 1990, Pub. L. 101-396, Sec. 3, 4, 104 Stat. 848, 849.) -REFTEXT- REFERENCES IN TEXT Level III and level IV of the Executive Schedule, referred to in subsec. (d), are set out in sections 5314 and 5315, respectively, of Title 5, Government Organization and Employees. The civil-service laws, referred to in subsec. (f)(1), (2), are set forth in Title 5. See particularly, section 3301 et seq. of Title 5. Part II of subchapter III of this chapter, referred to in subsec. (f)(3), is classified to section 351 et seq. of this title. For definition of Great Lakes Agreement, referred to in subsec. (f)(3), see section 153(ff) of this title and Great Lakes Agreement note set out under that section. Provisions of part III of title 5, referred to in subsec. (f)(4)(F), are classified to section 2101 et seq. of Title 5, Government Organization and Employees. -COD- CODIFICATION In subsec. (f)(1), (2) 'chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'the Classification of 1949' 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. In subsec. (f)(4)(F), '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. -MISC3- AMENDMENTS 1990 - Subsec. (f)(5). Pub. L. 101-396, Sec. 3, added par. (5). Subsec. (g)(2)(D). Pub. L. 101-396, Sec. 4, substituted '1992' for '1989'. 1988 - Subsec. (g)(2)(D). Pub. L. 100-594 substituted '1989' for '1987'. 1986 - Subsec. (c). Pub. L. 99-334 substituted 'five years' for 'seven years'. Subsec. (g)(2)(D). Pub. L. 99-272, Sec. 5002(b)(1), substituted '1987' for '1985'. Subsec. (g)(2)(E). Pub. L. 99-272, Sec. 5002(b)(2), added subpar. (E). 1983 - Subsec. (f)(4)(E) to (I). Pub. L. 98-214, Sec. 10, added subpar. (E) and redesignated existing subpars. (E) to (H) as (F) to (I), respectively. Subsec. (f)(4)(J). Pub. L. 98-214, Sec. 11, added subpar. (J). 1982 - Subsec. (a). Pub. L. 97-253, Sec. 501(b)(1), substituted 'five' for 'seven'. Subsec. (b). Pub. L. 97-259, Sec. 102, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'Each member of the Commission shall be a citizen of the United States. No member of the Commission or person in its employ shall be financially interested in the manufacture or sale of radio apparatus or of apparatus for wire or radio communication; in communication by wire or radio or in radio transmission of energy; in any company furnishing services or such apparatus to any company engaged in communication by wire or radio or to any company manufacturing or selling apparatus used for communication by wire or radio; or in any company owning stocks, bonds, or other securities of any such company; nor be in the employ of or hold any official relation to any person subject to any of the provisions of this chapter, nor own stocks, bonds, or other securities of any corporation subject to any of the provisions of this chapter. Such commissioners shall not engage in any other business, vocation, profession, or employment. Any such commissioner serving as such after one year from July 16, 1952, shall not for a period of one year following the termination of his services as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed. Not more than four members of the Commission shall be members of the same political party.' Pub. L. 97-253, Sec. 501(b)(2), amended last sentence of subsec. (b), prior to the general amendment by Pub. L. 97-259, by substituting language identical to that contained in par. (5), as added by Pub. L. 97-259. Subsec. (c). Pub. L. 97-259, Sec. 103(a), struck out 'The' before 'commissioners' at beginning of subsection, immediately thereafter struck out 'first appointed under this chapter shall continue in office for the terms of one, two, three, four, five, six, and seven years, respectively, from the date of the taking effect of this chapter, the term of each to be designated by the President, but their successors', and substituted 'been confirmed and taken the oath of office' for 'qualified'. Subsec. (d). Pub. L. 97-259, Sec. 103(b), amended subsec. (d) generally, relating to the annual salary rate for the Chairman and Commissioners. Subsec. (f)(2). Pub. L. 97-259, Sec. 103(c), substituted 'three professional assistants' for 'a legal assistant, an engineering assistant,'. Subsec. (f)(4). Pub. L. 97-259, Sec. 104, added par. (4). Subsec. (g). Pub. L. 97-259, Sec. 103(d), designated existing provisions as par. (1) and added par. (2). Subsec. (h). Pub. L. 97-253, Sec. 501(b)(3), substituted 'Three' for 'Four'. Subsec. (k)(2). Pub. L. 97-259, Sec. 103(e), struck out proviso after 'its staff and equipment', relating to the content of first and second annual reports after the enactment of the Communications Act Amendments of 1952. Subsec. (k)(3). Pub. L. 97-259, Sec. 103(f), redesignated par. (4) as (3). Subsec. (k)(4), (5). Pub. L. 97-259, Sec. 103(f), (g), redesignated par. (5) as (4) and substituted 'Office of Management and Budget' for 'Bureau of the Budget'. Former par. (4) redesignated (3). 1981 - Subsec. (g). Pub. L. 97-35 substituted requirement respecting authorizations under section 156 of this title, for provisions respecting appropriations from time to time. 1960 - Subsec. (b). Pub. L. 86-752 struck out provision that permitted commissioners to accept 'reasonable honorarium or compensation' for 'the presentation or delivery of publications or papers'. Subsec. (c). Pub. L. 86-619 provided for continuation in office of the commissioners upon termination of their term until their successors are appointed and have qualified, not beyond expiration of next session of Congress subsequent to the expiration of said fixed term of office. Subsec. (k)(3). Pub. L. 86-533 repealed par. (3) which required the report to contain information with respect to all persons taken into the employment of the Commission during the preceding year, together with the names of those persons who left the employ of the Commission during the year. 1954 - Subsec. (f)(3). Act Aug. 13, 1954, substituted 'engineers' for 'inspectors' and 'Field Engineering and Monitoring Bureau of the Federal Communications Commission' for 'Field Division of the Engineering Department of the Federal Communications Commission' and extended provisions to include inspections required pursuant to the Great Lakes Agreement. 1952 - Subsec. (b). Act July 16, 1952, Sec. 3(a), prohibited commissioners from engaging in any other work except that they may present or deliver papers for an honorarium, and prohibited any commissioner from appearing before the Commission in a professional capacity for 1 year after termination of his services except that this prohibition would not apply where commissioner has completed his full term. Subsec. (f). Act July 16, 1952, Sec. 3(b), authorized Commission to appoint employees, allowed each commissioner to appoint a legal assistant, and a secretary, and allowed the Chairman to appoint an administrative assistant. Subsec. (g). Act July 16, 1952, Sec. 3(c), authorized Commission to acquire land for monitoring stations and related facilities. Subsec. (k). Act July 16, 1952, Sec. 3(d), required Commission to make more detailed reports to Congress. 1941 - Subsec. (f). Act Mar. 23, 1941, designated existing provisions as par. (1) and added par. (2). 1936 - Subsec. (f). Act Jan. 22, 1936, inserted references to a chief accountant and three assistants. 1937 - Subsec. (k). Act May 20, 1937, inserted provisions that the Commission report to Congress annually at the beginning session of the Congress whether new wire or radio communication legislation is necessary and make specific recommendations thereof to Congress. Subsec. (o). Act May 20, 1937, added subsec. (o). EFFECTIVE DATE OF 1986 AMENDMENT Section 1(b) of Pub. L. 99-334 provided that: 'The amendment made by subsection (a) of this section (amending this section) shall take effect on the date of enactment of this Act (June 6, 1986, except that - '(1) upon the expiration of the term of office prescribed by law to occur on June 30, 1986, any person appointed as a member of the Federal Communications Commission to fill such office for the term following such date shall be eligible to serve until June 30, 1990, and any person appointed as a member of the Federal Communications Commission to the term of office prescribed by law to expire on June 30, 1987, shall be eligible to serve until June 30, 1989; and '(2) notwithstanding the provisions of subsection (a) of this section (amending this section), persons appointed as members of the Federal Communications Commission to terms of office prescribed by law to expire on June 30, 1988, June 30, 1991, and June 30, 1992, shall be eligible to serve until the expiration of the term of office on June 30, 1988, June 30, 1991, and June 30, 1992, whichever is applicable.' EFFECTIVE DATE OF 1982 AMENDMENT Section 501(b)(4) of Pub. L. 97-253 provided that: 'The amendments made in paragraphs (1), (2), and (3) of this subsection (amending this section) shall take effect on July 1, 1983.' EFFECTIVE DATE OF 1954 AMENDMENT Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see section 6 of act Aug. 13, 1954, set out as an Effective Date note under section 507 of this title. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, referred to in subsec. (f)(3), in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. -MISC5- OLDER AMERICANS PROGRAM Section 6 of Pub. L. 100-594, as amended by Pub. L. 101-396, Sec. 5, Sept. 28, 1990, 104 Stat. 849, provided that: '(a) During fiscal years 1988, 1989, 1990, and 1991, the Federal Communications Commission is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Commission (and consistent with such provisions of law) in providing technical and administrative assistance for projects related to the implementation, promotion, or enforcement of the regulations of the Commission. '(b) Prior to awarding any grant or entering into any agreement under subsection (a), the Office of the Managing Director of the Commission shall certify to the Commission that such grant or agreement will not - '(1) result in the displacement of individuals currently employed by the Commission; '(2) result in the employment of any individual when any other individual is on layoff status from the same or a substantially equivalent job within the jurisdiction of the Commission; '(3) result in filling a position prior to (A) publicly announcing the availability of such position, and (B) attempting to fill such position in accordance with regular employment procedures; or '(4) affect existing contracts for services. '(c) Participants in any program under a grant or cooperative agreement pursuant to this section shall - '(1) execute a signed statement with the Commission in which such participants certify that they will adhere to the standards of conduct prescribed for regular employees of the Commission, as set forth in part 19 of title 47, Code of Federal Regulations; and '(2) execute a confidential statement of employment and financial interest (Federal Communications Commission Form A-54) prior to commencement of work under the program. Failure to comply with the terms of the signed statement described in paragraph (1) shall result in termination of the individual under the grant or agreement. '(d) Nothing in this section shall be construed to permit employment of any such participant in any decisionmaking or policymaking position. '(e) Grants or agreements under this section shall be subject to prior appropriation Acts.' EXPIRATION OF COMMISSIONERS' TERMS Pub. L. 97-253, title V, Sec. 501(a), Sept. 8, 1982, 96 Stat. 805, provided that: 'Upon expiration of the term of office as a member of the Federal Communications Commission, which is prescribed by law to occur on June 30, 1982, any member appointed to fill such office after such date shall be appointed for a term which ends on June 30, 1983, and such office shall be abolished on July 1, 1983. Upon expiration of the term of office as a member of such Commission, which - '(1) is prescribed by law; '(2) is in effect before the date of the enactment of this Act (Sept. 8, 1982); and '(3) is to occur on June 30, 1983; no person shall be appointed to fill such office after such date, and such office shall be abolished on July 1, 1983.' -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Effect of Rule 44 on this section, see note by Advisory Committee under rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. Proof of official records, see rule 44. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 607 of this title; title 5 section 5549. ------DocID 54108 Document 95 of 303------ -CITE- 47 USC Sec. 155 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 155. Commission -STATUTE- (a) Chairman; duties; vacancy The member of the Commission designated by the President as chairman shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legislative reports, except that any commissioner may present his own or minority views or supplemental reports, to represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies, and generally to coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. In the case of a vacancy in the office of the chairman of the Commission, or the absence or inability of the chairman to serve, the Commission may temporarily designate one of its members to act as chairman until the cause or circumstance requiring such designation shall have been eliminated or corrected. (b) Organization of staff From time to time as the Commission may find necessary, the Commission shall organize its staff into (1) integrated bureaus, to function on the basis of the Commission's principal workload operations, and (2) such other divisional organizations as the Commission may deem necessary. Each such integrated bureau shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions. (c) Delegation of functions; exceptions to initial orders; force, effect and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal (1) When necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, the Commission may, by published rule or by order, delegate any of its functions (except functions granted to the Commission by this paragraph and by paragraphs (4), (5), and (6) of this subsection and except any action referred to in sections 204(a)(2), 208(b), and 405(b) of this title) to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as defined in section 551 of title 5), the delegation in any such case may be made only to an employee board consisting of two or more employees referred to in paragraph (8) of this subsection. Any such rule or order may be adopted, amended, or rescinded only by a vote of a majority of the members of the Commission then holding office. Nothing in this paragraph shall authorize the Commission to provide for the conduct, by any person or persons other than persons referred to in clauses (2) and (3) of section 556(b) of title 5, of any hearing to which such section 556(b) applies. (2) As used in this subsection the term 'order, decision, report, or action' does not include an initial, tentative, or recommended decision to which exceptions may be filed as provided in section 409(b) of this title. (3) Any order, decision, report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4) of this subsection, shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission. (4) Any person aggrieved by any such order, decision, report or action may file an application for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. The Commission, on its own initiative, may review in whole or in part, at such time and in such manner as it shall determine, any order, decision, report, or action made or taken pursuant to any delegation under paragraph (1) of this subsection. (5) In passing upon applications for review, the Commission may grant, in whole or in part, or deny such applications without specifying any reasons therefor. No such application for review shall rely on questions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has been afforded no opportunity to pass. (6) If the Commission grants the application for review, it may affirm, modify, or set aside the order, decision, report, or action, or it may order a rehearing upon such order, decision, report, or action in accordance with section 405 of this title. (7) The filing of an application for review under this subsection shall be a condition precedent to judicial review of any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1) of this subsection. The time within which a petition for review must be filed in a proceeding to which section 402(a) of this title applies, or within which an appeal must be taken under section 402(b) of this title, shall be computed from the date upon which public notice is given of orders disposing of all applications for review filed in any case. (8) The employees to whom the Commission may delegate review functions in any case of adjudication (as defined in section 551 of title 5) shall be qualified, by reason of their training, experience, and competence, to perform such review functions, and shall perform no duties inconsistent with such review functions. Such employees shall be in a grade classification or salary level commensurate with their important duties, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. In the performance of such review functions such employees shall be assigned to cases in rotation so far as practicable and shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency. (9) The secretary and seal of the Commission shall be the secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection. (d) Meetings Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision (1) within three months from the date of filing in all original application, renewal, and transfer cases in which it will not be necessary to hold a hearing, and (2) within six months from the final date of the hearing in all hearing cases. (f) (FOOTNOTE 1) Managing Director; appointment, functions, pay (FOOTNOTE 1) So in original. Former subsec. (e) redesignated (d) by Pub. L. 97-259. The Commission shall have a Managing Director who shall be appointed by the Chairman subject to the approval of the Commission. The Managing Director, under the supervision and direction of the Chairman, shall perform such administrative and executive functions as the Chairman shall delegate. The Managing Director shall be paid at a rate equal to the rate then payable for level V of the Executive Schedule. -SOURCE- (June 19, 1934, ch. 652, title I, Sec. 5, 48 Stat. 1068; July 16, 1952, ch. 879, Sec. 4, 66 Stat. 712; Aug. 31, 1961, Pub. L. 87-192, Sec. 1, 2, 75 Stat. 420; Oct. 19, 1980, Pub. L. 96-470, title I, Sec. 116, 94 Stat. 2240; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1252, 95 Stat. 738; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 105, 96 Stat. 1091; Apr. 7, 1986, Pub. L. 99-272, title V, Sec. 5002(c), 100 Stat. 118; Nov. 3, 1988, Pub. L. 100-594, Sec. 4, 8(a), 102 Stat. 3021, 3023.) -REFTEXT- REFERENCES IN TEXT Level V of the Executive Schedule, referred to in subsec. (f), is set out in section 5316 of Title 5, Government Organization and Employees. -COD- CODIFICATION In subsec. (c)(1), (8), 'adjudication (as defined in section 551 of title 5)' substituted for 'adjudication (as defined in the Administrative Procedure Act)', and in subsec. (c)(1) 'section 556(b) of title 5' substituted for references to 'section 7(a) of 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. -MISC3- AMENDMENTS 1988 - Subsec. (c)(1). Pub. L. 100-594, Sec. 8(a), inserted 'and except any action referred to in sections 204(a)(2), 208(b), and 405(b) of this title' after 'and (6) of this subsection' in first sentence. Subsec. (g). Pub. L. 100-594, Sec. 4, struck out subsec. (g) which required an annual report to Congress and specified its contents. 1986 - Subsec. (g). Pub. L. 99-272 substituted 'March 31' for 'January 31'. 1982 - Subsec. (b). Pub. L. 97-259, Sec. 105(a), substituted 'From' for 'Within six months after July 16, 1952, and from' at beginning of subsection, and struck out 'thereafter' after 'time to time'. Subsecs. (c) to (e). Pub. L. 97-259, Sec. 105(b), (c), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and in par. (1) of subsec. (c), as so redesignated, substituted 'two' for 'three' after 'employee board consisting of'. 1981 - Subsecs. (f), (g). Pub. L. 97-35 added subsecs. (f) and (g). 1980 - Subsec. (e). Pub. L. 96-470 struck out '; and the Commission shall promptly report to the Congress each such case which has been pending before it more than such three- or six-month period, respectively, stating the reasons therefor' after 'hearing cases'. 1961 - Subsec. (c). Pub. L. 87-192, Sec. 1, repealed subsec. (c) which provided for establishment of review staff, its composition, responsibility and duties. Subsec. (d)(1). Pub. L. 87-192, Sec. 2, substituted provisions which authorized the delegation of functions by published rule or by order to a panel of commissioners, and individual commissioner, an employee board, or an individual employee, and of review functions to an employee board of three or more employees, enumerated the functions to be delegated, with stated exceptions, and prescribed majority vote for order delegating review functions for former provision which authorized the assignment of reference of work, business or functions by order to an individual commissioner or commissioners or to a board of one or more employees and eliminated provision concerning force, effect and enforcement of orders, now incorporated in par. (3) of this subsection. Subsec. (d)(2). Pub. L. 87-192, Sec. 2, added par. (2). The subject matter was formerly covered by the introductory words of former par. (1) of this subsection which read 'Except as provided in section 409 of this title.' Sentences 1 and 2 of former par. (2) redesignated pars. (4) and (6), respectively. Subsec. (d)(3). Pub. L. 87-192, Sec. 2, redesignated second sentence of former par. (1) as par. (3) and substituted therein 'report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4), shall have' and 'other actions' for 'report made, or other action taken, pursuant to any such order of assignment or reference shall, unless reviewed pursuant to paragraph (2), have' and 'action', respectively. Former par. (3) redesignated (9). Subsec. (d)(4). Pub. L. 87-192, Sec. 2, redesignated first sentence of former par. (2) as par. (4), included 'action' in enumeration, and inserted provision for review on initiative of the Commission. Subsec. (d)(5). Pub. L. 87-192, Sec. 2, added par. (5). Subsec. (d)(6). Pub. L. 87-192, Sec. 2, redesignated second sentence of former par. (2) as par. (6), inserting 'for review' after 'applications' and substituting 'the Commission', 'the order', 'it may order' and 'in accordance with' for 'it', 'such order', 'may order' and 'under', respectively. Subsec. (d)(7), (8). Pub. L. 87-192, Sec. 2, added pars. (7) and (8). Subsec. (d)(9). Pub. L. 87-192, Sec. 2, redesignated former par. (3) as (9) and made it applicable to each panel of the Commission, each employee board instead of each board, and each individual employee. 1952 - Act July 16, 1952, amended section generally to provide for the organization of the staff, integrated bureaus, and for a review staff. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 405, 409 of this title. ------DocID 54109 Document 96 of 303------ -CITE- 47 USC Sec. 156 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 156. Authorization of appropriations -STATUTE- (a) There are authorized to be appropriated for the administration of this chapter by the Commission $109,831,000 for fiscal year 1990 and $119,831,000 for fiscal year 1991, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1990 and 1991. (b) In addition to the amounts authorized to be appropriated under this section, not more than 4 percent of the amount of any fees or other charges payable to the United States which are collected by the Commission during fiscal year 1990 are authorized to be made available to the Commission until expended to defray the fully distributed costs of such fees collection. (c) Of the amounts appropriated pursuant to subsection (a) of this section for fiscal year 1991, such sums as may be necessary not to exceed $2,000,000 shall be expended for upgrading and modernizing equipment at the Commission's electronic emissions test laboratory located in Laurel, Maryland. -SOURCE- (June 19, 1934, ch. 652, title I, Sec. 6, as added Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1251(a), 95 Stat. 738, and amended Dec. 8, 1983, Pub. L. 98-214, Sec. 2(a), 97 Stat. 1467; Apr. 7, 1986, Pub. L. 99-272, title V, Sec. 5002(a)(1), 100 Stat. 117; Nov. 3, 1988, Pub. L. 100-594, Sec. 2(a), 102 Stat. 3021; Sept. 28, 1990, Pub. L. 101-396, Sec. 2(a), 104 Stat. 848.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-396 amended section generally. Prior to amendment, section read as follows: 'There are authorized to be appropriated for the administration of this chapter by the Commission $107,250,000 for fiscal year 1988 and $109,250,000 for fiscal year 1989, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1988 and 1989.' 1988 - Pub. L. 100-594 amended section generally. Prior to amendment, section read as follows: 'There are authorized to be appropriated for the administration of this chapter by the Commission $98,100,000 for fiscal year 1986 and $97,600,000 for fiscal year 1987, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1986 and 1987.' 1986 - Pub. L. 99-272 amended section generally. Prior to amendment, section read as follows: 'There are authorized to be appropriated for the administration of this chapter by the Commission $91,156,000, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1984 and 1985.' 1983 - Pub. L. 98-214 substituted provisions authorizing appropriations of $91,156,000 for each of the fiscal years 1984 and 1985 for provisions authorizing appropriations of $76,900,000 for each of the fiscal years 1982 and 1983. EFFECTIVE DATE OF 1988 AMENDMENT Section 2(b) of Pub. L. 100-594 provided that: 'The amendment made by subsection (a) of this section (amending this section) shall apply with respect to fiscal years beginning after September 30, 1987.' EFFECTIVE DATE OF 1986 AMENDMENT Section 5002(a)(2) of Pub. L. 99-272 provided that: 'The amendment made by paragraph (1) of this subsection (amending this section) shall apply with respect to fiscal years beginning after September 30, 1985.' EFFECTIVE DATE OF 1983 AMENDMENT Section 2(b) of Pub. L. 98-214 provided that: 'The amendment made by subsection (a) (amending this section) shall apply with respect to fiscal years beginning after September 30, 1983.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 154 of this title. ------DocID 54110 Document 97 of 303------ -CITE- 47 USC Sec. 157 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 157. New technologies and services -STATUTE- (a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter shall have the burden to demonstrate that such proposal is inconsistent with the public interest. (b) The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed or twelve months after December 8, 1983, if later. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated or twelve months after December 8, 1983, if later. -SOURCE- (June 19, 1934, ch. 652, title I, Sec. 7, as added Dec. 8, 1983, Pub. L. 98-214, Sec. 12, 97 Stat. 1471.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 225 of this title. ------DocID 54111 Document 98 of 303------ -CITE- 47 USC Sec. 158 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 158. Charges -STATUTE- (a) Assessment and collection The Commission shall assess and collect charges at such rates as the Commission shall establish or at such modified rates as it shall establish pursuant to the provisions of subsection (b) of this section. (b) Review and adjustment of Schedule by Commission; notification to Congress; judicial review (1) The Schedule of Charges established under this section shall be reviewed by the Commission every two years after October 1, 1991, and adjusted by the Commission to reflect changes in the Consumer Price Index. Increases or decreases in charges shall apply to all categories of charges, except that individual fees shall not be adjusted until the increase or decrease, as determined by the net change in the Consumer Price Index since April 7, 1986, amounts to at least $5.00 in the case of fees under $100.00, or 5 percent in the case of fees of $100.00 or more. All fees which require adjustment will be rounded upward to the next $5.00 increment. The Commission shall transmit to the Congress notification of any such adjustment not later than 90 days before the effective date of such adjustment. (2) Increases or decreases in charges made pursuant to this subsection shall not be subject to judicial review. (c) Additional charge; assessment as penalty; amount; dismissal of application or other filing (1) The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of charges required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the charge which was not paid in a timely manner. (2) The Commission may dismiss any application or other filing for failure to pay in a timely manner any charge or penalty under this section. (d) Inapplicability of charges to certain radio services; waiver or deferment of payment (1) The charges established under this section shall not be applicable (A) to governmental entities and nonprofit entities licensed in the following radio services: Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, and Special Emergency Radio, or (B) to governmental entities licensed in other services. (2) The Commission may waive or defer payment of a charge in any specific instance for good cause shown, where such action would promote the public interest. (e) Deposit of moneys in general fund; reimbursement of United States for administration of chapter Moneys received from charges established under this section shall be deposited in the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this chapter. (f) Rules and regulations The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section. (g) Schedule of charges Until modified pursuant to subsection (b) of this section, the Schedule of Charges which the Federal Communications Commission shall prescribe pursuant to subsection (a) of this section shall be as follows: SCHEDULE OF CHARGES Service Fee amount PRIVATE RADIO SERVICES 1. Marine Coast Stations a. New License (per station) $70.00 b. Modification of License (per station) 70.00 c. Renewal of License (per station) 70.00 d. Special Temporary Authority (Initial, Modifications, Extensions) 100.00 e. Assignments (per station) 70.00 f. Transfers of Control (per station) 35.00 g. Request for Waiver (i) Routine (per request) 105.00 (ii) Non-Routine (per rule section/per station) 105.00 2. Ship Stations a. New License (per application) 35.00 b. Modification of License (per application) 35.00 c. Renewal of License (per application) 35.00 d. Request for Waiver (i) Routine (per request) 105.00 (ii) Non-Routine (per rule section/per station) 105.00 3. Operational Fixed Microwave Stations a. New License (per station) 155.00 b. Modification of License (per station) 155.00 c. Renewal of License (per station) 155.00 d. Special Temporary Authority (Initial, Modifications, Extensions) 35.00 e. Assignments (per station) 155.00 f. Transfers of Control (per station) 35.00 g. Request for Waiver (i) Routine (per request) 105.00 (ii) Non-Routine (per rule section/per station) 105.00 4. Aviation (Ground Stations) a. New License (per station) 70.00 b. Modification of License (per station) 70.00 c. Renewal of License (per station) 70.00 d. Special Temporary Authority (Initial, Modifications, Extensions) 100.00 e. Assignments (per station) 70.00 f. Transfers of Control (per station) 35.00 g. Request for Waiver (i) Routine (per request) 105.00 (ii) Non-Routine (per rule section/per station) 105.00 5. Aircraft Stations a. New License (per application) 35.00 b. Modification of License (per application) 35.00 c. Renewal of License (per application) 35.00 d. Request for Waiver (i) Routine (per request) 105.00 (ii) Non-Routine (per rule section/per station) 105.00 6. Land Mobile Radio Stations (including Special Emergency and Public Safety Stations) a. New License (per call sign) 35.00 b. Modification of License (per call sign) 35.00 c. Renewal of License (per call sign) 35.00 d. Special Temporary Authority (Initial, Modifications, Extensions) 35.00 e. Assignments (per station) 35.00 f. Transfers of Control (per call sign) 35.00 g. Request for Waiver (i) Routine (per request) 105.00 (ii) Non-Routine (per rule section/per station) 105.00 h. Reinstatement (per call sign) 35.00 i. Specialized Mobile Radio Systems-Base Stations (i) New License (per call sign) 35.00 (ii) Modification of License (per call sign) 35.00 (iii) Renewal of License (per call sign) 35.00 (iv) Waiting List (annual charge per application) 35.00 (v) Special Temporary Authority (Initial, Modifications, Extensions) 35.00 (vi) Assignments (per call sign) 35.00 (vii) Transfers of Control (per call sign) 35.00 (viii) Request for Waiver (1) Routine (per request) 105.00 (2) Non-Routine (per rule section/per station) 105.00 (ix) Reinstatements (per call sign) 35.00 j. Private Carrier Licenses (i) New License (per call sign) 35.00 (ii) Modification of License (per call sign) 35.00 (iii) Renewal of License (per call sign) 35.00 (iv) Special Temporary Authority (Initial, Modifications, Extensions) 35.00 (v) Assignments (per call sign) 35.00 (vi) Transfers of Control (per call sign) 35.00 (vii) Request for Waiver (1) Routine (per request) 105.00 (2) Non-Routine (per rule section/per station) 105.00 (viii) Reinstatements (per call sign) 35.00 7. General Mobile Radio Service a. New License (per call sign) 35.00 b. Modifications of License (per call sign) 35.00 c. Renewal of License (per call sign) 35.00 d. Request for Waiver (i) Routine (per request) 105.00 (ii) Non-Routine (per rule section/per station) 105.00 e. Special Temporary Authority (Initial, Modifications, Extensions) 35.00 f. Transfer of control (per call sign) 35.00 8. Restricted Radiotelephone Operator Permit 35.00 9. Request for Duplicate Station License (all services) 35.00 10. Hearing (Comparative, New, and Modifications) 6,760.00 EQUIPMENT APPROVAL SERVICES/EXPERIMENTAL RADIO 1. Certification a. Receivers (except TV and FM receivers) 285.00 b. All Other Devices 735.00 c. Modifications and Class II Permissive Changes 35.00 d. Request for Confidentiality 105.00 2. Type Acceptance a. All Devices 370.00 b. Modifications and Class II Permissive Changes 35.00 c. Request for Confidentiality 105.00 3. Type Approval (all devices) a. With Testing (including Major Modifications) 1,465.00 b. Without Testing (including Minor Modifications) 170.00 c. Request for Confidentiality 105.00 4. Notifications 115.00 5. Advance Approval for Subscription TV System 2,255.00 a. Request for Confidentiality 105.00 6. Assignment of Grantee Code for Equipment Identification 35.00 7. Experimental Radio Service a. New Construction Permit and Station Authorization (per application) 35.00 b. Modification to Existing Construction Permit and Station Authorization (per application) 35.00 c. Renewal of Station Authorization (per application) 35.00 d. Assignment or Transfer of Control (per application) 35.00 e. Special Temporary Authority (per application) 35.00 f. Additional Charge for Applications Containing Requests to Withhold Information From Public Inspection (per application) 35.00 MASS MEDIA SERVICES 1. Commercial TV Stations a. New or Major Change Construction Permits 2,535.00 b. Minor Change 565.00 c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal) 6,760.00 d. License 170.00 e. Assignment or Transfer (i) Long Form (Forms 314/315) 565.00 (ii) Short Form (Form 316) 80.00 f. Renewal 100.00 g. Call Sign (New or Modification) 55.00 h. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 i. Extension of Time to Construct or Replacement of CP 200.00 j. Permit to Deliver Programs to Foreign Broadcast Stations 55.00 k. Petition for Rulemaking for New Community of License 1,565.00 l. Ownership Report (per report) 35.00 2. Commercial Radio Stations a. New and Major Change Construction Permit (i) AM Station 2,255.00 (ii) FM Station 2,030.00 b. Minor Change (i) AM Station 565.00 (ii) FM Station 565.00 c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal) 6,760.00 d. License (i) AM 370.00 (ii) FM 115.00 (iii) AM Directional Antenna 425.00 (iv) FM Directional Antenna 355.00 (v) AM Remote Control 35.00 e. Assignment or Transfer (i) Long Form (Forms 314/315) 565.00 (ii) Short Form (Form 316) 80.00 f. Renewal 100.00 g. Call Sign (New or Modification) 55.00 h. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 i. Extension of Time to Construct or Replacement of CP 200.00 j. Permit to Deliver Programs to Foreign Broadcast Stations 55.00 k. Petition for Rulemaking for New Community of License or Higher Class Channel 1,565.00 l. Ownership Report (per report) 35.00 3. FM Translators a. New or Major Change Construction Permit 425.00 b. License 85.00 c. Assignment or Transfer 80.00 d. Renewal 35.00 e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 4. TV Translators and LPTV Stations a. New or Major Change Construction Permit 425.00 b. License 85.00 c. Assignment or Transfer 80.00 d. Renewal 35.00 e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 5. Auxiliary Services (Includes Remote Pickup stations, TV Auxiliary Broadcast stations, Aural Broadcast STL and Intercity Relay stations, and Low Power Auxiliary stations) a. Major Actions 85.00 b. Renewals 35.00 c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 6. FM/TV Boosters a. New and Major Change Construction Permits 425.00 b. License 85.00 c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 7. International Broadcast Station a. New Construction Permit and Facilities Change CP 1,705.00 b. License 385.00 c. Assignment or Transfer (per station) 60.00 d. Renewal 95.00 e. Frequency Assignment and Coordination (per frequency hour) 35.00 f. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 8. Cable Television Service a. Cable Television Relay Service (i) Construction Permit 155.00 (ii) Assignment or Transfer 155.00 (iii) Renewal 155.00 (iv) Modification 155.00 (v) Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 b. Cable Special Relief Petition 790.00 c. 76.12 Registration Statement (per statement) 35.00 d. Aeronautical Frequency Usage Notifications (per notice) 35.00 e. Aeronautical Frequency Usage Waivers (per waiver) 35.00 9. Direct Broadcast Satellite a. New or Major Change Construction Permit (i) Application for Authorization to Construct a Direct Broadcast Satellite 2,030.00 (ii) Issuance of Construction Permit & Launch Authority 19,710.00 (iii) License to Operate Satellite 565.00 b. Hearing (Comparative New, Major/Minor Modifications, or Comparative Renewal) 6,760.00 c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent) 100.00 COMMON CARRIER SERVICES 1. All Common Carrier Services a. Hearing (Comparative New or Major/Minor Modifications) 6,760.00 b. Development Authority . . . Same charge as regular authority in service unless otherwise indicated c. Formal Complaints and Pole Attachment Complaints Filing Fee 120.00 2. Domestic Public Land Mobile Stations (includes Base, Dispatch, Control & Repeater Stations) a. New or Additional Facility (per transmitter) 230.00 b. Major Modifications (per transmitter) 230.00 c. Fill In Transmitters (per transmitter) 230.00 d. Major Amendment to a Pending Application (per transmitter) 230.00 e. Assignment or Transfer (i) First Call Sign on Application 230.00 (ii) Each Additional Call Sign 35.00 f. Partial Assignment (per call sign) 230.00 g. Renewal (per call sign) 35.00 h. Minor Modification (per transmitter) 35.00 i. Special Temporary Authority (per frequency/per location) 200.00 j. Extension of Time to Construct (per application) 35.00 k. Notice of Completion of Construction (per application) 35.00 l. Auxiliary Test Station (per transmitter) 200.00 m. Subsidiary Communications Service (per request) 100.00 n. Reinstatement (per application) 35.00 o. Combining Call Signs (per call sign) 200.00 p. Standby Transmitter (per transmitter/per location) 200.00 q. 900 MHz Nationwide Paging (i) Renewal (1) Network Organizer 35.00 (2) Network Operator (per operator/per city) 35.00 r. Air-Ground Individual License (per station) (i) Initial License 35.00 (ii) Renewal of License 35.00 (iii) Modification of License 35.00 3. Cellular Systems (per system) a. New or Additional Facilities 230.00 b. Major Modification 230.00 c. Minor Modification 60.00 d. Assignment or Transfer (including partial) 230.00 e. License to Cover Construction (i) Initial License for Wireline Carrier 595.00 (ii) Subsequent License for Wireline Carrier 60.00 (iii) License for Nonwireline Carrier 60.00 (iv) Fill In License (all carriers) 60.00 f. Renewal 35.00 g. Extension of Time to Complete Construction 35.00 h. Special Temporary Authority (per system) 200.00 i. Combining Cellular Geographic Service Areas (per system) 50.00 4. Rural Radio (includes Central Office, Interoffice, or Relay Facilities) a. New or Additional Facility (per transmitter) 105.00 b. Major Modification (per transmitter) 105.00 c. Major Amendment to Pending Application (per transmitter) 105.00 d. Minor Modification (per transmitter) 35.00 e. Assignments or Transfers (i) First Call Sign on Application 105.00 (ii) Each Additional Call Sign 35.00 (iii) Partial Assignment (per call sign) 105.00 f. Renewal (per call sign) 35.00 g. Extension of Time to Complete Construction (per application) 35.00 h. Notice of Completion of Construction (per application) 35.00 i. Special Temporary Authority (per frequency/per location) 200.00 j. Reinstatement (per application) 35.00 k. Combining Call Signs (per call sign) 200.00 l. Auxiliary Test Station (per transmitter) 200.00 m. Standby Transmitter (per transmitter/per location) 200.00 5. Offshore Radio Service (Mobile, Subscriber, and Central Stations; fees would also apply to any expansion of this service into coastal waters other than the Gulf of Mexico) a. New or Additional Facility (per transmitter) 105.00 b. Major Modifications (per transmitter) 105.00 c. Fill In Transmitters (per transmitter) 105.00 d. Major Amendment to Pending Application (per transmitter) 105.00 e. Minor Modification (per transmitter) 35.00 f. Assignment or Transfer (i) Each Additional Call Sign 35.00 (ii) Partial Assignment (per call sign) 105.00 g. Renewal (per call sign) 35.00 h. Extension of Time to Complete Construction (per application) 35.00 i. Reinstatement (per application) 35.00 j. Notice of Completion of Construction (per application) 35.00 k. Special Temporary Authority (per frequency/per location) 200.00 l. Combining Call Signs (per call sign) 200.00 m. Auxiliary Test Station (per transmitter) 200.00 n. Standby Transmitter (per transmitter/per location) 200.00 6. Point-to-Point Microwave and Local Television Radio Service a. Conditional License (per station) 155.00 b. Major Modification of Conditional License or License Authorization (per station) 155.00 c. Certification of Completion of Construction (per station) 155.00 d. Renewal (per licensed station) 155.00 e. Assignment or Transfer (i) First Station on Application 55.00 (ii) Each Additional Station 35.00 f. Extension of Construction Authorization (per station) 55.00 g. Special Temporary Authority or Request for Waiver of Prior Construction Authorization (per request) 70.00 7. Multipoint Distribution Service (including multichannel MDS) a. Conditional License (per station) 155.00 b. Major Modification of Conditional License or License Authorization (per station) 155.00 c. Certification of Completion of Construction (per channel) 455.00 d. Renewal (per licensed station) 155.00 e. Assignment or Transfer (i) First Station on Application 55.00 (ii) Each Additional Station 35.00 f. Extension of Construction Authorization (per station) 110.00 g. Special Temporary Authority or Request for Waiver of Prior Construction Authorization (per request) 70.00 8. Digital Electronic Message Service a. Conditional License (per nodal station) 155.00 b. Modification of Conditional License or License Authorization (per nodal station) 155.00 c. Certification of Completion of Construction (per nodal station) 155.00 d. Renewal (per licensed nodal station) 155.00 e. Assignment or Transfer (i) First Station on Application 55.00 (ii) Each Additional Station 35.00 f. Extension of Construction Authorization (per station) 55.00 g. Special Temporary Authority or Request for Waiver of Prior Construction Authorization (per request) 70.00 9. International Fixed Public Radio (Public and Control Stations) a. Initial Construction Permit (per station) 510.00 b. Assignment or Transfer (per application) 510.00 c. Renewal (per license) 370.00 d. Modification (per station) 370.00 e. Extension of Construction Authorization (per station) 185.00 f. Special Temporary Authority or Request for Waiver (per request) 185.00 10. Fixed Satellite Transmit/Receive Earth Stations a. Initial Application (per station) 1,525.00 b. Modification of License (per station) 105.00 c. Assignment or Transfer (i) First Station on Application 300.00 (ii) Each Additional Station 100.00 d. Developmental Station (per station) 1,000.00 e. Renewal of License (per station) 105.00 f. Special Temporary Authority or Waivers of Prior Construction Authorization (per request) 105.00 g. Amendment of Application (per station) 105.00 h. Extension of Construction Permit (per station) 105.00 11. Small Transmit/Receive Earth Stations (2 meters or less and operating in the 4/6 GHz frequency band) a. Lead Application 3,380.00 b. Routine Application (per station) 35.00 c. Modification of License (per station) 105.00 d. Assignment or Transfer (i) First Station on Application 300.00 (ii) Each Additional Station 35.00 e. Developmental Station (per station) 1,000.00 f. Renewal of License (per station) 105.00 g. Special Temporary Authority or Waivers of Prior Construction Authorization (per request) 105.00 h. Amendment of Application (per station) 105.00 i. Extension of Construction Permit (per station) 105.00 12. Receive Only Earth Stations a. Initial Application for Registration 230.00 b. Modification of License or Registration (per station) 105.00 c. Assignment or Transfer (i) First Station on Application 300.00 (ii) Each Additional Station 100.00 d. Renewal of License (per station) 105.00 e. Amendment of Application (per station) 105.00 f. Extension of Construction Permit (per station) 105.00 g. Waivers (per request) 105.00 13. Very Small Aperture Terminal (VSAT) Systems a. Initial Application (per system) 5,630.00 b. Modification of License (per system) 105.00 c. Assignment or Transfer of System 1,505.00 d. Developmental Station 1,000.00 e. Renewal of License (per system) 105.00 f. Special Temporary Authority or Waivers of Prior Construction Authorization (per request) 105.00 g. Amendment of Application (per system) 105.00 h. Extension of Construction Permit (per system) 105.00 14. Mobile Satellite Earth Stations a. Initial Application of Blanket Authorization 5,630.00 b. Initial Application for Individual Earth Station 1,350.00 c. Modification of License (per system) 105.00 d. Assignment or Transfer (per system) 1,505.00 e. Developmental Station 1,000.00 f. Renewal of License (per system) 105.00 g. Special Temporary Authority or Waivers of Prior Construction Authorization (per request) 105.00 h. Amendment of Application (per system) 105.00 i. Extension of Construction Permit (per system) 105.00 15. Radio determination Satellite Earth Stations a. Initial Application of Blanket Authorization 5,630.00 b. Initial Application for Individual Earth Station 1,350.00 c. Modification of License (per system) 105.00 d. Assignment or Transfer (per system) 1,505.00 e. Developmental Station 1,000.00 f. Renewal of License (per system) 105.00 g. Special Temporary Authority or Waivers of Prior Construction Authorization (per request) 105.00 h. Amendment of Application (per system) 105.00 i. Extension of Construction Permit (per system) 105.00 16. Space Stations a. Application for Authority to Construct 2,030.00 b. Application for Authority to Launch & Operate (i) Initial Application 70,000.00 (ii) Replacement Satellite 70,000.00 c. Assignment or Transfer (per satellite) 5,000.00 d. Modification 5,000.00 e. Special Temporary Authority or Waiver of Prior Construction Authorization (per request) 500.00 f. Amendment of Application 1,000.00 g. Extension of Construction Permit/Launch Authorization (per request) 500.00 17. Section 214 Applications a. Overseas Cable Construction 9,125.00 b. Cable Landing License (i) Common Carrier 1,025.00 (ii) Non-Common Carrier 10,150.00 c. Domestic Cable Construction 610.00 d. All Other 214 Applications 610.00 e. Special Temporary Authority (all services) 610.00 f. Assignments or Transfers (all services) 610.00 18. Recognized Private Operating Status (per application) 610.00 19. Telephone Equipment Registration 155.00 20. Tariff Filings a. Filing Fee 490.00 b. Special Permission Filing (per filing) 490.00 21. Accounting and Audits a. Field Audit 62,290.00 b. Review of Attest Audit 34,000.00 c. Review of Depreciation Update Study (Single State) 20,685.00 (i) Each Additional State 680.00 d. Interpretation of Accounting Rules (per request) 2,885.00 e. Petition for Waiver (per petition) 4,660.00 MISCELLANEOUS CHARGES 1. International Telecommunications Settlements Administrative Fee for Collections (per line item) 2.00 2. Radio Operator Examinations a. Commercial Radio Operator Examination 35.00 b. Renewal of Commercial Radio Operator License, Permit, or Certificate 35.00 c. Duplicate or Replacement Commercial Radio Operator License, Permit, or Certificate 35.00 3. Ship Inspections a. Inspection of Oceangoing Vessels Under Title III, Part II of the Communications Act (per inspection) 620.00 b. Inspection of Passenger Vessels Under Title III, Part III of the Communications Act (per inspection) 320.00 c. Inspection of Vessels Under the Great Lakes Agreement (per inspection) 360.00 d. Inspection of Foreign Vessels Under the Safety of Life at Sea (SOLAS) Convention (per inspection) 540.00 e. Temporary Waiver for Compulsorily Equipped Vessel 60.00 -SOURCE- (June 19, 1934, ch. 652, title I, Sec. 8, as added Apr. 7, 1986, Pub. L. 99-272, title V, Sec. 5002(e), 100 Stat. 118, and amended Nov. 3, 1988, Pub. L. 100-594, Sec. 5, 102 Stat. 3021; Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3001(a), (b), 103 Stat. 2124, 2131.) -REFTEXT- REFERENCES IN TEXT Parts II and III of title III of the Communications Act, referred to in subsec. (g), mean parts II and III of title III of the Communications Act of 1934 which are classified to parts II (Sec. 351 et seq.) and III (Sec. 381 et seq.), respectively, of subchapter III of this chapter. -MISC2- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-239, Sec. 3001(b)(1), struck out at end 'The Schedule of Charges established under this subsection shall be implemented not later than 360 days after April 7, 1986.' Subsec. (b)(1). Pub. L. 101-239, Sec. 3001(b)(2), substituted 'October 1, 1991' for 'April 1, 1987'. Subsec. (d)(1). Pub. L. 101-239, Sec. 3001(b)(3), substituted '(A) to governmental entities and nonprofit entities licensed in the following radio services:' for 'to the following radio services:' and inserted '(B)' after 'Emergency Radio, or'. Subsec. (g). Pub. L. 101-239, Sec. 3001(a), added subsec. (g). 1988 - Subsec. (b)(1). Pub. L. 100-594 substituted 'two years after April 1, 1987,' for 'two years after April 7, 1986,'. EFFECTIVE DATE OF 1989 AMENDMENT Section 3001(c) of Pub. L. 101-239 provided that: 'The amendments made by this section (amending this section) shall take effect on the date of enactment of this Act (Dec. 19, 1989), and the Schedule of Charges required by the amendment made by subsection (a) of this section shall be implemented not later than 150 days after the date of enactment of this Act.' SCHEDULE OF CHARGES Section 5002(f) of Pub. L. 99-272 established the Schedule of Charges which the Federal Communications Commission is required to prescribe pursuant to subsec. (a) of this section. See subsec. (g) of this section as added by Pub. L. 101-239. ------DocID 54112 Document 99 of 303------ -CITE- 47 USC SUBCHAPTER II -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- SUBCHAPTER II - COMMON CARRIERS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 153, 503, 504, 522, 533, 541, 741, 753 of this title. ------DocID 54113 Document 100 of 303------ -CITE- 47 USC Sec. 201 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 201. Service and charges -STATUTE- (a) It shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commission, after opportunity for hearing, finds such action necessary or desirable in the public interest, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes. (b) All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is declared to be unlawful: Provided, That communications by wire or radio subject to this chapter may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as the Commission may decide to be just and reasonable, and different charges may be made for the different classes of communications: Provided further, That nothing in this chapter or in any other provision of law shall be construed to prevent a common carrier subject to this chapter from entering into or operating under any contract with any common carrier not subject to this chapter, for the exchange of their services, if the Commission is of the opinion that such contract is not contrary to the public interest: Provided further, That nothing in this chapter or in any other provision of law shall prevent a common carrier subject to this chapter from furnishing reports of positions of ships at sea to newspapers of general circulation, either at a nominal charge or without charge, provided the name of such common carrier is displayed along with such ship position reports. The Commission may prescribe such rules and regulations as may be necessary in the public interest to carry out the provisions of this chapter. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 201, 48 Stat. 1070; May 31, 1938, ch. 296, 52 Stat. 588.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. -MISC2- AMENDMENTS 1938 - Subsec. (b). Act May 31, 1938, inserted proviso relating to reports of positions of ships at sea. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 152, 222 of this title. ------DocID 54114 Document 101 of 303------ -CITE- 47 USC Sec. 202 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 202. Discriminations and preferences -STATUTE- (a) Charges, services, etc. It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage. (b) Charges or services included Charges or services, whenever referred to in this chapter, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind. (c) Penalty Any carrier who knowingly violates the provisions of this section shall forfeit to the United States the sum of $6,000 for each such offense and $300 for each and every day of the continuance of such offense. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 202, 48 Stat. 1070; Sept. 13, 1960, Pub. L. 86-751, 74 Stat. 888; Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3002(a), 103 Stat. 2131.) -MISC1- AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-239 substituted '$6,000' for '$500' and '$300' for '$25'. 1960 - Subsec. (b). Pub. L. 86-751 substituted 'common carrier lines of communication, whether derived from wire or radio facilities,' for 'wires'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 152 of this title. ------DocID 54115 Document 102 of 303------ -CITE- 47 USC Sec. 203 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 203. Schedules of charges -STATUTE- (a) Filing; public display Every common carrier, except connecting carriers, shall, within such reasonable time as the Commission shall designate, file with the Commission and print and keep open for public inspection schedules showing all charges for itself and its connecting carriers for interstate and foreign wire or radio communication between the different points on its own system, and between points on its own system and points on the system of its connecting carriers or points on the system of any other carrier subject to this chapter when a through route has been established, whether such charges are joint or separate, and showing the classifications, practices, and regulations affecting such charges. Such schedules shall contain such other information, and be printed in such form, and be posted and kept open for public inspection in such places, as the Commission may by regulation require, and each such schedule shall give notice of its effective date; and such common carrier shall furnish such schedules to each of its connecting carriers, and such connecting carriers shall keep such schedules open for inspection in such public places as the Commission may require. (b) Changes in schedule; discretion of Commission to modify requirements (1) No change shall be made in the charges, classifications, regulations, or practices which have been so filed and published except after one hundred and twenty days notice to the Commission and to the public, which shall be published in such form and contain such information as the Commission may by regulations prescribe. (2) The Commission may, in its discretion and for good cause shown, modify any requirement made by or under the authority of this section either in particular instances or by general order applicable to special circumstances or conditions except that the Commission may not require the notice period specified in paragraph (1) to be more than one hundred and twenty days. (c) Overcharges and rebates No carrier, unless otherwise provided by or under authority of this chapter, shall engage or participate in such communication unless schedules have been filed and published in accordance with the provisions of this chapter and with the regulations made thereunder; and no carrier shall (1) charge, demand, collect, or receive a greater or less or different compensation for such communication, or for any service in connection therewith, between the points named in any such schedule than the charges specified in the schedule then in effect, or (2) refund or remit by any means or device any portion of the charges so specified, or (3) extend to any person any privileges or facilities in such communication, or employ or enforce any classifications, regulations, or practices affecting such charges, except as specified in such schedule. (d) Rejection or refusal The Commission may reject and refuse to file any schedule entered for filing which does not provide and give lawful notice of its effective date. Any schedule so rejected by the Commission shall be void and its use shall be unlawful. (e) Penalty for violations In case of failure or refusal on the part of any carrier to comply with the provisions of this section or of any regulation or order made by the Commission thereunder, such carrier shall forfeit to the United States the sum of $6,000 for each such offense, and $300 for each and every day of the continuance of such offense. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 203, 48 Stat. 1070; Aug. 4, 1976, Pub. L. 94-376, Sec. 1, 90 Stat. 1080; Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3002(b), 103 Stat. 2131; Sept. 28, 1990, Pub. L. 101-396, Sec. 7, 104 Stat. 850.) -MISC1- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-396 substituted 'one hundred and twenty days' for 'ninety days' in pars. (1) and (2). 1989 - Subsec. (e). Pub. L. 101-239 substituted '$6,000' for '$500' and '$300' for '$25'. 1976 - Subsec. (b). Pub. L. 94-376 designated existing provisions as par. (1), substituted 'after ninety days notice' for 'after thirty days' notice', and struck out provision that the Commission may, in its discretion and for good cause shown, modify the requirements made by or under authority of this section in particular instances or by a general order applicable to special circumstances or conditions, and added par. (2). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 152, 222 of this title. ------DocID 54116 Document 103 of 303------ -CITE- 47 USC Sec. 204 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 204. Hearings on new charges; suspension pending hearing; refunds; duration of hearing; appeal of order concluding hearing -STATUTE- (a)(1) Whenever there is filed with the Commission any new or revised charge, classification, regulation, or practice, the Commission may either upon complaint or upon its own initiative without complaint, upon reasonable notice, enter upon a hearing concerning the lawfulness thereof; and pending such hearing and the decision thereon the Commission, upon delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such charge, classification, regulation, or practice, in whole or in part but not for a longer period than five months beyond the time when it would otherwise go into effect; and after full hearing the Commission may make such order with reference thereto as would be proper in a proceeding initiated after such charge, classification, regulation, or practice had become effective. If the proceeding has not been concluded and an order made within the period of the suspension, the proposed new or revised charge, classification, regulation, or practice shall go into effect at the end of such period; but in case of a proposed charge for a new service or an increased charge, the Commission may by order require the interested carrier or carriers to keep accurate account of all amounts received by reason of such charge for a new service or increased charge, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the interested carrier or carriers to refund, with interest, to the persons in whose behalf such amounts were paid, such portion of such charge for a new service or increased charges as by its decision shall be found not justified. At any hearing involving a charge increased, or sought to be increased, the burden of proof to show that the increased charge, or proposed charge, is just and reasonable shall be upon the carrier, and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible. (2)(A) Except as provided in subparagraph (B), the Commission shall, with respect to any hearing under this section, issue an order concluding such hearing within 12 months after the date that the charge, classification, regulation, or practice subject to the hearing becomes effective, or within 15 months after such date if the hearing raises questions of fact of such extraordinary complexity that the questions cannot be resolved within 12 months. (B) The Commission shall, with respect to any such hearing initiated prior to November 3, 1988, issue an order concluding the hearing not later than 12 months after November 3, 1988. (C) Any order concluding a hearing under this section shall be a final order and may be appealed under section 402(a) of this title. (b) Notwithstanding the provisions of subsection (a) of this section, the Commission may allow part of a charge, classification, regulation, or practice to go into effect, based upon a written showing by the carrier or carriers affected, and an opportunity for written comment thereon by affected persons, that such partial authorization is just, fair, and reasonable. Additionally, or in combination with a partial authorization, the Commission, upon a similar showing, may allow all or part of a charge, classification, regulation, or practice to go into effect on a temporary basis pending further order of the Commission. Authorizations of temporary new or increased charges may include an accounting order of the type provided for in subsection (a) of this section. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 204, 48 Stat. 1071; Aug. 4, 1976, Pub. L. 94-376, Sec. 2, 90 Stat. 1080; Nov. 3, 1988, Pub. L. 100-594, Sec. 8(b), 102 Stat. 3023.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-594 designated existing provisions as par. (1) and added par. (2). 1976 - Subsec. (a). Pub. L. 94-376 designated existing provisions as subsec. (a), substituted 'any new or revised charge' for 'any new charge', 'in whole or in part but not for a longer period than five months' for 'but not for a longer period than three months', 'after such charge, classification, regulation, or practice had become effective' for 'after it had become effective', 'the proposed new or revised charge' for 'the proposed change of charge', 'but in case of a proposed charge for a new service or an increased charge' for 'but in case of a proposed increased charge', 'by reason of such charge for a new service or increased charge' for 'by reason of such increase', 'such portion of such charge for a new service or increased charges' for 'such portion of such increased charges', 'burden of proof to show that the increased charge, or proposed charge' for 'burden of proof to show that the increased charge, or proposed increased charge', and struck out 'after the organization of the Commission' before 'the burden of proof.' Subsec. (b). Pub. L. 94-376 added subsec. (b). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 152, 155, 405 of this title. ------DocID 54117 Document 104 of 303------ -CITE- 47 USC Sec. 205 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 205. Commission authorized to prescribe just and reasonable charges; penalties for violations -STATUTE- (a) Whenever, after full opportunity for hearing, upon a complaint or under an order for investigation and hearing made by the Commission on its own initiative, the Commission shall be of opinion that any charge, classification, regulation, or practice of any carrier or carriers is or will be in violation of any of the provisions of this chapter, the Commission is authorized and empowered to determine and prescribe what will be the just and reasonable charge or the maximum or minimum, or maximum and minimum, charge or charges to be thereafter observed, and what classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent that the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any charge other than the charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed. (b) Any carrier, any officer, representative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of this section shall forfeit to the United States the sum of $12,000 for each offense. Every distinct violation shall be a separate offense, and in case of continuing violation each day shall be deemed a separate offense. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 205, 48 Stat. 1072; Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3002(c), 103 Stat. 2131.) -MISC1- AMENDMENTS 1989 - Subsec. (b). Pub. L. 101-239 substituted '$12,000' for '$1,000'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 152 of this title. ------DocID 54118 Document 105 of 303------ -CITE- 47 USC Sec. 206 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 206. Carriers' liability for damages -STATUTE- In case any common carrier shall do, or cause or permit to be done, any act, matter, or thing in this chapter prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this chapter required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this chapter, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 206, 48 Stat. 1072.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Effect of rule 54 on this section, see note by Advisory Committee under rule 54, Title 28, Appendix, Judiciary and Judicial Procedure. Judgment and costs, see rule 54. ------DocID 54119 Document 106 of 303------ -CITE- 47 USC Sec. 207 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 207. Recovery of damages -STATUTE- Any person claiming to be damaged by any common carrier subject to the provisions of this chapter may either make complaint to the Commission as hereinafter provided for, or may bring suit for the recovery of the damages for which such common carrier may be liable under the provisions of this chapter, in any district court of the United States of competent jurisdiction; but such person shall not have the right to pursue both such remedies. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 207, 48 Stat. 1073.) ------DocID 54120 Document 107 of 303------ -CITE- 47 USC Sec. 208 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 208. Complaints to Commission; investigations; duration of investigation; appeal of order concluding investigation -STATUTE- (a) Any person, any body politic, or municipal organization, or State commission, complaining of anything done or omitted to be done by any common carrier subject to this chapter, in contravention of the provisions thereof, may apply to said Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time to be specified by the Commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been caused, the common carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier or carriers shall not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of the absence of direct damage to the complaint. (b)(1) Except as provided in paragraph (2), the Commission shall, with respect to any investigation under this section of the lawfulness of a charge, classification, regulation, or practice, issue an order concluding such investigation within 12 months after the date on which the complaint was filed, or within 15 months after such date if the investigation raises questions of fact of such extraordinary complexity that the questions cannot be resolved within 12 months. (2) The Commission shall, with respect to any such investigation initiated prior to November 3, 1988, issue an order concluding the investigation not later than 12 months after November 3, 1988. (3) Any order concluding an investigation under paragraph (1) or (2) shall be a final order and may be appealed under section 402(a) of this title. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 208, 48 Stat. 1073; Nov. 3, 1988, Pub. L. 100-594, Sec. 8(c), 102 Stat. 3023.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-594 designated existing provisions as subsec. (a) and added subsec. (b). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 155, 405 of this title. ------DocID 54121 Document 108 of 303------ -CITE- 47 USC Sec. 209 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 209. Orders for payment of money -STATUTE- If, after hearing on a complaint, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this chapter, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 209, 48 Stat. 1073.) ------DocID 54122 Document 109 of 303------ -CITE- 47 USC Sec. 210 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 210. Franks and passes; free service to governmental agencies in connection with national defense -STATUTE- (a) Nothing in this chapter or in any other provision of law shall be construed to prohibit common carriers from issuing or giving franks to, or exchanging franks with each other for the use of, their officers, agents, employees, and their families, or, subject to such rules as the Commission may prescribe, from issuing, giving, or exchanging franks and passes to or with other common carriers not subject to the provisions of this chapter, for the use of their officers, agents, employees, and their families. The term 'employees', as used in this section, shall include furloughed, pensioned, and superannuated employees. (b) Nothing in this chapter or in any other provision of law shall be construed to prohibit common carriers from rendering to any agency of the Government free service in connection with the preparation for the national defense: Provided, That such free service may be rendered only in accordance with such rules and regulations as the Commission may prescribe therefor. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 210, 48 Stat. 1073; June 25, 1940, ch. 422, 54 Stat. 570.) -MISC1- AMENDMENTS 1940 - Act June 25, 1940, designated existing provisions as subsec. (a) and added subsec. (b). ------DocID 54123 Document 110 of 303------ -CITE- 47 USC Sec. 211 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 211. Contracts of carriers; filing with Commission -STATUTE- (a) Every carrier subject to this chapter shall file with the Commission copies of all contracts, agreements, or arrangements with other carriers, or with common carriers not subject to the provisions of this chapter, in relation to any traffic affected by the provisions of this chapter to which it may be a party. (b) The Commission shall have authority to require the filing of any other contracts of any carrier, and shall also have authority to exempt any carrier from submitting copies of such minor contracts as the Commission may determine. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 211, 48 Stat. 1073.) ------DocID 54124 Document 111 of 303------ -CITE- 47 USC Sec. 212 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 212. Interlocking directorates; officials dealing in securities -STATUTE- After sixty days from June 19, 1934, it shall be unlawful for any person to hold the position of officer or director of more than one carrier subject to this chapter, unless such holding shall have been authorized by order of the Commission, upon due showing in form and manner prescribed by the Commission, that neither public nor private interests will be adversely affected thereby: Provided, That the Commission may authorize persons to hold the position of officer or director in more than one such carrier, without regard to the requirements of this section, where it has found that one of the two or more carriers directly or indirectly owns more than 50 per centum of the stock of the other or others, or that 50 per centum or more of the stock of all such carriers is directly or indirectly owned by the same person. After this section takes effect it shall be unlawful for any officer or director of any carrier subject to this chapter to receive for his own benefit directly or indirectly, any money or thing of value in respect of negotiation, hypothecation, or sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds thereof, or to participate in the making or paying of any dividends of such carriers from any funds properly included in capital account. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 212, 48 Stat. 1074; Aug. 2, 1956, ch. 874, Sec. 1, 70 Stat. 931.) -MISC1- AMENDMENTS 1956 - Act Aug. 2, 1956, inserted proviso that Commission may authorize persons to hold position of officer or director in more than one carrier, where carrier owns more than 50 percent of the stock of the other carriers, or that 50 percent or more of the stock of all such carriers is owned by the same person, struck out 'such' before 'carrier' in sentence after proviso, inserted 'subject to this chapter' after that word, and substituted 'carriers' for 'carrier' toward end of said sentence. ------DocID 54125 Document 112 of 303------ -CITE- 47 USC Sec. 213 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 213. Valuation of property of carrier -STATUTE- (a) Hearing The Commission may from time to time, as may be necessary for the proper administration of this chapter, and after opportunity for hearing, make a valuation of all or of any part of the property owned or used by any carrier subject to this chapter, as of such date as the Commission may fix. (b) Inventory The Commission may at any time require any such carrier to file with the Commission an inventory of all or of any part of the property owned or used by said carrier, which inventory shall show the units of said property classified in such detail, and in such manner, as the Commission shall direct, and shall show the estimated cost of reproduction new of said units, and their reproduction cost new less depreciation, as of such date as the Commission may direct; and such carrier shall file such inventory within such reasonable time as the Commission by order shall require. (c) Original cost The Commission may at any time require any such carrier to file with the Commission a statement showing the original cost at the time of dedication to the public use of all or of any part of the property owned or used by said carrier. For the showing of such original cost said property shall be classified, and the original cost shall be defined, in such manner as the Commission may prescribe; and if any part of such cost cannot be determined from accounting or other records, the portion of the property for which such cost cannot be determined shall be reported to the Commission; and, if the Commission shall so direct, the original cost thereof shall be estimated in such manner as the Commission may prescribe. If the carrier owning the property at the time such original cost is reported shall have paid more or less than the original cost to acquire the same, the amount of such cost of acquisition, and any facts which the Commission may require in connection therewith, shall be reported with such original cost. The report made by a carrier under this subsection shall show the source or sources from which the original cost reported was obtained, and such other information as to the manner in which the report was prepared, as the Commission shall require. (d) Easement, license or franchise Nothing shall be included in the original cost reported for the property of any carrier under subsection (c) of this section on account of any easement, license, or franchise granted by the United States or by any State or political subdivision thereof, beyond the reasonable necessary expense lawfully incurred in obtaining such easement, license, or franchise from the public authority aforesaid, which expense shall be reported separately from all other costs in such detail as the Commission may require; and nothing shall be included in any valuation of the property of any carrier made by the Commission on account of any such easement, license, or franchise, beyond such reasonable necessary expense lawfully incurred as aforesaid. (e) Improvements; changes in condition The Commission shall keep itself informed of all new construction, extensions, improvements, retirements, or other changes in the condition, quantity, use, and classification of the property of common carriers, and of the cost of all additions and betterments thereto and of all changes in the investment therein, and may keep itself informed of current changes in costs and values of carrier properties. (f) Additional information; access to records and data For the purpose of enabling the Commission to make a valuation of any of the property of any such carrier, or to find the original cost of such property, or to find any other facts concerning the same which are required for use by the Commission, it shall be the duty of each such carrier to furnish to the Commission, within such reasonable time as the Commission may order, any information with respect thereto which the Commission may by order require, including copies of maps, contracts, reports of engineers, and other data, records, and papers, and to grant to all agents of the Commission free access to its property and its accounts, records, and memoranda whenever and wherever requested by any such duly authorized agent, and to cooperate with and aid the Commission in the work of making any such valuation or finding in such manner and to such extent as the Commission may require and direct, and all rules and regulations made by the Commission for the purpose of administering this section shall have the full force and effect of law. Unless otherwise ordered by the Commission, with the reasons therefor, the records and data of the Commission shall be open to the inspection and examination of the public. The Commission, in making any such valuation, shall be free to adopt any method of valuation which shall be lawful. (g) Interstate Commerce Commission Notwithstanding any provision of this chapter the Interstate Commerce Commission, if requested to do so by the Commission, shall complete, at the earliest practicable date, such valuations of properties of carriers subject to this chapter as are now in progress, and shall thereafter transfer to the Commission the records relating thereto. (h) State commissions Nothing in this section shall impair or diminish the powers of any State commission. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 213, 48 Stat. 1074.) ------DocID 54126 Document 113 of 303------ -CITE- 47 USC Sec. 214 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 214. Extension of lines or discontinuance of service; certificate of public convenience and necessity -STATUTE- (a) Exceptions; temporary or emergency service or discontinuance of service; changes in plant, operation or equipment No carrier shall undertake the construction of a new line or of an extension of any line, or shall acquire or operate any line, or extension thereof, or shall engage in transmission over or by means of such additional or extended line, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line: Provided, That no such certificate shall be required under this section for the construction, acquisition, or operation of (1) a line within a single State unless such line constitutes part of an interstate line, (2) local, branch, or terminal lines not exceeding ten miles in length, or (3) any line acquired under section 221 or 222 (FOOTNOTE 1) of this title: Provided further, That the Commission may, upon appropriate request being made, authorize temporary or emergency service, or the supplementing of existing facilities, without regard to the provisions of this section. No carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall first have been obtained from the Commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the Commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction, or impairment of service, or partial discontinuance, reduction, or impairment of service, without regard to the provisions of this section. As used in this section the term 'line' means any channel of communication established by the use of appropriate equipment, other than a channel of communication established by the interconnection of two or more existing channels: Provided, however, That nothing in this section shall be construed to require a certificate or other authorization from the Commission for any installation, replacement, or other changes in plant, operation, or equipment, other than new construction, which will not impair the adequacy or quality of service provided. (FOOTNOTE 1) See References in Text note below. (b) Notification of Secretary of Defense, Secretary of State, and State Governor Upon receipt of an application for any such certificate, the Commission shall cause notice thereof to be given to, and shall cause a copy of such application to be filed with, the Secretary of Defense, the Secretary of State (with respect to such applications involving service to foreign points), and the Governor of each State in which such line is proposed to be constructed, extended, acquired, or operated, or in which such discontinuance, reduction, or impairment of service is proposed, with the right to those notified to be heard; and the Commission may require such published notice as it shall determine. (c) Approval or disapproval; injunction The Commission shall have power to issue such certificate as applied for, or to refuse to issue it, or to issue it for a portion or portions of a line, or extension thereof, or discontinuance, reduction, or impairment of service, described in the application, or for the partial exercise only of such right or privilege, and may attach to the issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require. After issuance of such certificate, and not before, the carrier may, without securing approval other than such certificate, comply with the terms and conditions contained in or attached to the issuance of such certificate and proceed with the construction, extension, acquisition, operation, or discontinuance, reduction, or impairment of service covered thereby. Any construction, extension, acquisition, operation, discontinuance, reduction, or impairment of service contrary to the provisions of this section may be enjoined by any court of competent jurisdiction at the suit of the United States, the Commission, the State commission, any State affected, or any party in interest. (d) Order of Commission; hearing; penalty The Commission may, after full opportunity for hearing, in a proceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier, party to such proceeding, to provide itself with adequate facilities for the expeditious and efficient performance of its service as a common carrier and to extend its line or to establish a public office; but no such authorization or order shall be made unless the Commission finds, as to such provision of facilities, as to such establishment of public offices, or as to such extension, that it is reasonably required in the interest of public convenience and necessity, or as to such extension or facilities that the expense involved therein will not impair the ability of the carrier to perform its duty to the public. Any carrier which refuses or neglects to comply with any order of the Commission made in pursuance of this subsection shall forfeit to the United States $1,200 for each day during which such refusal or neglect continues. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 214, 48 Stat. 1075; Mar. 6, 1943, ch. 10, Sec. 2-5, 57 Stat. 11; Nov. 30, 1974, Pub. L. 93-506, Sec. 1, 88 Stat. 1577; Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3002(d), 103 Stat. 2131.) -REFTEXT- REFERENCES IN TEXT Section 222 of this title, referred to in subsec. (a), which related to consolidations and mergers of telegraph carriers, was amended generally by Pub. L. 97-130, Sec. 2, Dec. 29, 1981, 95 Stat. 1687, and, as so amended, relates to competition among record carriers. -MISC2- AMENDMENTS 1989 - Subsec. (d). Pub. L. 101-239 substituted '$1,200' for '$100'. 1974 - Subsec. (b). Pub. L. 93-506 substituted 'the Secretary of Defense, the Secretary of State (with respect to such applications involving service to foreign points),' for 'the Secretary of the Army, the Secretary of the Navy,'. 1943 - Subsec. (a). Act Mar. 6, 1943, Sec. 2, among other changes inserted all after 'no carrier shall discontinue', etc. Subsec. (b). Act Mar. 6, 1943, Sec. 3, among other changes provided notice should be filed with Secretary of War and the Secretary of the Navy. Subsec. (c). Act Mar. 6, 1943, Sec. 4, extended provisions to include discontinuance, reduction, or impairment of service. Subsec. (d). Act Mar. 6, 1943, Sec. 5, amended first sentence. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 158, 222, 721 of this title. ------DocID 54127 Document 114 of 303------ -CITE- 47 USC Sec. 215 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 215. Examination of transactions relating to furnishing of services, equipment, etc.; reports to Congress -STATUTE- (a) Access to records and documents The Commission shall examine into transactions entered into by any common carrier which relate to the furnishing of equipment, supplies, research, services, finances, credit, or personnel to such carrier and/or which may affect the charges made or to be made and/or the services rendered or to be rendered by such carrier, in wire or radio communication subject to this chapter, and shall report to the Congress whether any such transactions have affected or are likely to affect adversely the ability of the carrier to render adequate service to the public, or may result in any undue or unreasonable increase in charges or in the maintenance of undue or unreasonable charges for such service; and in order to fully examine into such transactions the Commission shall have access to and the right of inspection and examination of all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, of persons furnishing such equipment, supplies, research, services, finances, credit, or personnel. The Commission shall include in its report its recommendations for necessary legislation in connection with such transactions, and shall report specifically whether in its opinion legislation should be enacted (1) authorizing the Commission to declare any such transactions void or to permit such transactions to be carried out subject to such modification of their terms and conditions as the Commission shall deem desirable in the public interest; and/or (2) subjecting such transactions to the approval of the Commission where the person furnishing or seeking to furnish the equipment, supplies, research, services, finances, credit, or personnel is a person directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carrier; and/or (3) authorizing the Commission to require that all or any transactions of carriers involving the furnishing of equipment, supplies, research, services, finances, credit, or personnel to such carrier be upon competitive bids on such terms and conditions and subject to such regulations as it shall prescribe as necessary in the public interest. (b) Wire telephone and telegraph services The Commission shall investigate the methods by which and the extent to which wire telephone companies are furnishing wire telegraph service and wire telegraph companies are furnishing wire telephone service, and shall report its findings to Congress, together with its recommendations as to whether additional legislation on this subject is desirable. (c) Exclusive dealing contracts The Commission shall examine all contracts of common carriers subject to this chapter which prevent the other party thereto from dealing with another common carrier subject to this chapter, and shall report its findings to Congress, together with its recommendations as to whether additional legislation on this subject is desirable. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 215, 48 Stat. 1076.) ------DocID 54128 Document 115 of 303------ -CITE- 47 USC Sec. 216 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 216. Receivers and trustees; application of chapter -STATUTE- The provisions of this chapter shall apply to all receivers and operating trustees of carriers subject to this chapter to the same extent that it applies to carriers. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 216, 48 Stat. 1077.) ------DocID 54129 Document 116 of 303------ -CITE- 47 USC Sec. 217 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 217. Agents' acts and omissions; liability of carrier -STATUTE- In construing and enforcing the provisions of this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any common carrier or user, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of such carrier or user as well as that of the person. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 217, 48 Stat. 1077.) ------DocID 54130 Document 117 of 303------ -CITE- 47 USC Sec. 218 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 218. Management of business; inquiries by Commission -STATUTE- The Commission may inquire into the management of the business of all carriers subject to this chapter, and shall keep itself informed as to the manner and method in which the same is conducted and as to technical developments and improvements in wire and radio communication and radio transmisson of energy to the end that the benefits of new inventions and developments may be made available to the people of the United States. The Commission may obtain from such carriers and from persons directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 218, 48 Stat. 1077.) ------DocID 54131 Document 118 of 303------ -CITE- 47 USC Sec. 219 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 219. Reports by carriers; contents and requirements generally -STATUTE- (a) The Commission is authorized to require annual reports from all carriers subject to this chapter, and from persons directly or indirectly controlling or controlled by, or under direct or indirect common control with any such carrier, to prescribe the manner in which such reports shall be made, and to require from such persons specific answers to all questions upon which the Commission may need information. Except as otherwise required by the Commission, such annual reports shall show in detail the amount of capital stock issued, the amount and privileges of each class of stock, the amounts paid therefor, and the manner of payment for the same; the dividends paid and the surplus fund, if any; the number of stockholders (and the names of the thirty largest holders of each class of stock and the amount held by each); the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipment; the number of employees and the salaries paid each class; the names of all officers and directors, and the amount of salary, bonus, and all other compensation paid to each; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such reports shall also contain such information in relation to charges or regulations concerning charges, or agreements, arrangements, or contracts affecting the same, as the Commission may require. (b) Such reports shall be for such twelve months' period as the Commission shall designate and shall be filed with the Commission at its office in Washington within three months after the close of the year for which the report is made, unless additional time is granted in any case by the Commission; and if any person subject to the provisions of this section shall fail to make and file said annual reports within the time above specified, or within the time extended by the Commission, for making and filing the same, or shall fail to make specific answer to any question authorized by the provisions of this section within thirty days from the time it is lawfully required so to do, such person shall forefeit to the United States the sum of $1,200 for each and every day it shall continue to be in default with respect thereto. The Commission may by general or special orders require any such carriers to file monthly reports of earnings and expenses and to file periodical and/or special reports concerning any matters with respect to which the Commission is authorized or required by law to act. If any such carrier shall fail to make and file any such periodical or special report within the time fixed by the Commission, it shall be subject to the forfeitures above provided. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 219, 48 Stat. 1077; Aug. 2, 1956, ch. 874, Sec. 2, 70 Stat. 931; Apr. 27, 1962, Pub. L. 87-444, Sec. 1, 2, 76 Stat. 63; Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3002(e), 103 Stat. 2131.) -MISC1- AMENDMENTS 1989 - Subsec. (b). Pub. L. 101-239 substituted '$1,200' for '$100'. 1962 - Subsec. (a). Pub. L. 87-444, Sec. 1, struck out 'under oath' after 'require annual report'. Subsec. (b). Pub. L. 87-444, Sec. 2, struck out provisions that the periodical or special reports be under oath whenever the Commission so required. 1956 - Subsec. (a). Act Aug. 2, 1956, substituted 'Except as otherwise required by the Commission, such' for 'Such' at beginning of second sentence. ------DocID 54132 Document 119 of 303------ -CITE- 47 USC Sec. 220 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 220. Accounts, records, and memoranda -STATUTE- (a) Forms The Commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda to be kept by carriers subject to this chapter, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of moneys. (b) Depreciation charges The Commission shall, as soon as practicable, prescribe for such carriers the classes of property for which depreciation charges may be properly included under operating expenses, and the percentages of depreciation which shall be charged with respect to each of such classes of property, classifying the carriers as it may deem proper for this purpose. The Commission may, when it deems necessary, modify the classes and percentages so prescribed. Such carriers shall not, after the Commission has prescribed the clasess (FOOTNOTE 1) of property for which depreciation charges may be included, charge to operating expenses any depreciation charges on classes of property other than those prescribed by the Commission, or after the Commission has prescribed percentages of depreciation, charge with respect to any class of property a percentage of depreciation other than that prescribed therefor by the Commission. No such carrier shall in any case include in any form under its operating or other expenses any depreciation or other charge or expenditure included elsewhere as a depreciation charge or otherwise under its operating or other expenses. (FOOTNOTE 1) So in original. Probably should be 'classes'. (c) Access to information; burden of proof The Commission shall at all times have access to and the right of inspection and examination of all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept or required to be kept by such carriers, and the provisions of this section respecting the preservation and destruction of books, papers, and documents shall apply thereto. The burden of proof to justify every accounting entry questioned by the Commission shall be on the person making, authorizing, or requiring such entry and the Commission may suspend a charge or credit pending submission of proof by such person. Any provision of law prohibiting the disclosure of the contents of messages or communications shall not be deemed to prohibit the disclosure of any matter in accordance with the provisions of this section. (d) Penalty for failure to comply In case of failure or refusal on the part of any such carrier to keep such accounts, records, and memoranda on the books and in the manner prescribed by the Commission, or to submit such accounts, records, memoranda, documents, papers, and correspondence as are kept to the inspection of the Commission or any of its authorized agents, such carrier shall forfeit to the United States the sum of $6,000 for each day of the continuance of each such offense. (e) False entry; destruction; penalty Any person who shall willfully make any false entry in the accounts of any book of accounts or in any record or memoranda kept by any such carrier, or who shall willfully destroy, mutiliate, alter, or by any other means or device falsify any such account, record, or memoranda, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of the carrier, shall be deemed guilty of a misdemeanor, and shall be subject, upon conviction, to a fine of not less than $1,000 nor more than $5,000 or imprisonment for a term of not less than one year nor more than three years, or both such fine and imprisonment: Provided, That the Commission may in its discretion issue orders specifying such operating, accounting, or financial papers, records, books, blanks, or documents which may, after a reasonable time, be destroyed, and prescribing the length of time such books, papers, or documents shall be preserved. (f) Confidentiality of information No member, officer, or employee of the Commission shall divulge any fact or information which may come to his knowledge during the course of examination of books or other accounts, as hereinbefore provided, except insofar as he may be directed by the Commission or by a court. (g) Use of other forms; alterations in prescribed forms After the Commission has prescribed the forms and manner of keeping of accounts, records, and memoranda to be kept by any person as herein provided, it shall be unlawful for such person to keep any other accounts, records, or memoranda than those so prescribed or such as may be approved by the Commission or to keep the accounts in any other manner than that prescribed or approved by the Commission. Notice of alterations by the Commission in the required manner or form of keeping accounts shall be given to such persons by the Commission at least six months before the same are to take effect. (h) Exemption; regulation by State commission The Commission may classify carriers subject to this chapter and prescribe different requirements under this section for different classes of carriers, and may, if it deems such action consistent with the public interest, except the carriers of any particular class or classes in any State from any of the requirements under this section in cases where such carriers are subject to State commission regulation with respect to matters to which this section relates. (i) Consultation with State commissions The Commission, before prescribing any requirements as to accounts, records, or memoranda, shall notify each State commission having jurisdiction with respect to any carrier involved, and shall give reasonable opportunity to each such commission to present its views, and shall receive and consider such views and recommendations. (j) Report to Congress on need for further legislation The Commission shall investigate and report to Congress as to the need for legislation to define further or harmonize the powers of the Commission and of State commissions with respect to matters to which this section relates. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 220, 48 Stat. 1078; Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3002(f), 103 Stat. 2131.) -MISC1- AMENDMENTS 1989 - Subsec. (d). Pub. L. 101-239 substituted '$6,000' for '$500'. ------DocID 54133 Document 120 of 303------ -CITE- 47 USC Sec. 221 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 221. Consolidations and mergers of telephone companies -STATUTE- (a) Notification of State Governor and State commission; public hearing; certification Upon application of one or more telephone companies for authority to consolidate their properties or a part thereof into a single company, or for authority for one or more such companies to acquire the whole or any part of the property of another telephone company or other telephone companies or the control thereof by the purchase of securities or by lease or in any other like manner, when such consolidated company would be subject to this chapter, the Commission shall give reasonable notice in writing to the governor of each of the States in which the physical property affected, or any part thereof, is situated, and to the State commission having jurisdiction over telephone companies, and to such other persons as it may deem advisable, and shall afford such parties a reasonable opportunity to submit comments on the proposal. A public hearing shall be held in all cases where a request therefor is made by a telephone company, an association of telephone companies, a State commission, or local governmental authority. If the Commission finds that the proposed consolidation, acquisition, or control will be of advantage to the persons to whom service is to be rendered and in the public interest, it shall certify to that effect; and thereupon any Act or Acts of Congress making the proposed transaction unlawful shall not apply. Nothing in this subsection shall be construed as in anywise limiting or restricting the powers of the several States to control and regulate telephone companies. (b) State jurisdiction over services Subject to the provisions of sections 225 and 301 of this title, nothing in this chapter shall be construed to apply, or to give the Commission jurisdiction, with respect to charges, classifications, practices, services, facilities, or regulations for or in connection with wire, mobile, or point-to-point radio telephone exchange service, or any combination thereof, even though a portion of such exchange service constitutes interstate or foreign communication, in any case where such matters are subject to regulation by a State commission or by local governmental authority. (c) Determination of property used in interstate toll service For the purpose of administering this chapter as to carriers engaged in wire telephone communication, the Commission may classify the property of any such carrier used for wire telephone communication, and determine what property of said carrier shall be considered as used in interstate or foreign telephone toll service. Such classification shall be made after hearing, upon notice to the carrier, the State commission (or the Governor, if the State has no State commission) of any State in which the property of said carrier is located, and such other persons as the Commission may prescribe. (d) Valuation of property In making a valuation of the property of any wire telephone carrier the Commission, after making the classification authorized in this section, may in its discretion value only that part of the property of such carrier determined to be used in interstate or foreign telephone toll service. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 221, 48 Stat. 1080; Apr. 27, 1954, ch. 175, Sec. 4, 68 Stat. 64; Aug. 2, 1956, ch. 874, Sec. 3, 70 Stat. 932; July 26, 1990, Pub. L. 101-336, title IV, Sec. 401(b)(2), 104 Stat. 369.) -MISC1- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-336 substituted 'sections 225 and 301' for 'section 301'. 1956 - Subsec. (a). Act Aug. 2, 1956, inserted provisions relating to submission of comments by parties and required a public hearing upon request, in lieu of former provisions requiring hearing upon application. 1954 - Subsec. (b). Act Apr. 27, 1954, included mobile or point-to-point radio telephone exchange service within exclusions provided for in such subsection, where it is subject to regulation by a State commission or by local governmental authority, and made it clear that the Commission retains its licensing authority over the radio stations that might be involved in such service. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 214, 225 of this title. ------DocID 54134 Document 121 of 303------ -CITE- 47 USC Sec. 222 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 222. Competition among record carriers -STATUTE- (a) Definitions For purposes of this section: (1) The term 'primary existing international record carrier' means any record carrier which (A) derives a majority of its revenues during any calendar year from the provision of international record communications services between points of entry into or exit from the United States and points outside the United States; (B) is eligible, on December 29, 1981, to obtain record traffic from a record carrier in the United States for delivery outside the United States; and (C) is engaged in the direct provision of record communications services between the United States and four or more continents. (2) The term 'record carrier' means a common carrier engaged in the offering for hire of any record communications service, including service on interstate network facilities between two points located in the same State. Such term does not include any common carrier which derives a majority of its revenues during any calendar year from the provision of services other than record communications service. (3) The term 'record communications service' means those services traditionally offered by telegraph companies, such as telegraph, telegram, telegram exchange, and similar services involving an interconnected network of teletypewriters. (b) Exercise of authorities by Commission (1) The Commission shall, to the maximum extent feasible, promote the development of fully competitive domestic and international markets in the provision of record communications service, so that the public may obtain record communications service and facilities (including terminal equipment) the variety and price of which are governed by competition. In order to meet the purposes of this section, the Commission shall forbear from exercising its authority under this chapter as the development of competition among record carriers reduces the degree of regulation necessary to protect the public. (2) In furtherance of the purposes of this section, record carriers shall not impose upon users of any regulated record communications services the costs of any other services or facilities (including terminal equipment), whether regulated or unregulated. (c) Implementation by Commission; procedures applicable (1)(A)(i) In implementing its responsibilities under section 201(a) of this title, the Commission shall require each record carrier to make available to any other record carrier, upon reasonable request, full interconnection with any facility operated by such record carrier, and used primarily to provide record communications service. Such facility shall be made available, through written agreement, upon terms and conditions which are just, fair, and reasonable, and which are otherwise consistent with the purposes of this section. (ii)(I) Subject to the provisions of subclause (II), if a request for interconnection under clause (i) is for the purpose of providing international record communications service, then the agreement entered into under clause (i) shall require that the allocation of record communications service between points outside the United States and points of entry in the United States shall be based upon a pro rata share of record communications service between points of exit out of the United States and points outside the United States provided by the carrier making such request for interconnection. (II) The requirement established in subclause (I) shall not apply in any case in which the customer requesting any record communications service between a point outside the United States and a point of entry in the United States has the option to specify the international record carrier which will provide such record communications service. (B) The Commission shall require that - (i) if any record carrier engages both in the offering for hire of domestic record communications services and in the offering for hire of international record communications services, then such record carrier shall be treated as a separate domestic record carrier and a separate international record carrier for purposes of administering interconnection requirements; (ii) in any case in which such separate domestic record carrier furnishes interconnection to such separate international record carrier, any interconnection which such separate domestic record carrier furnishes to other international record carriers shall be (I) equal in type and quality; and (II) made available at the same rates and upon the same terms and conditions; and (iii) in any case in which such separate international record carrier furnishes interconnection to such separate domestic record carrier, any interconnection which such separate international record carrier furnishes to other domestic record carriers shall be (I) equal in type and quality; and (II) made available at the same rates and upon the same terms and conditions. The requirements of clauses (i), (ii), and (iii) shall not apply to a record carrier if such record carrier does not have a significant share of the market for record communications services. (2) If any request made by a record carrier under paragraph (1)(A)(i) will require an agreement under which any record communications service or facility operated by one of the parties to such agreement will be used by any other party to such agreement, then such agreement shall establish a nondiscriminatory formula for the equitable allocation of revenues derived from such use between the parties to such agreement, except that each party to such agreement shall have the right to establish the total price charged by such party to the public for any such service which is originated by such party, consistent with the provisions of section 203 of this title. To the extent possible, and consistent with the provisions of paragraph (3)(B)(ii), the Commission shall require that such equitable allocation of revenues be based upon the costs of the record communications service or facility employed as a result of such agreement. (3)(A) The Commission, as soon as practicable (but not later than fifteen days) after December 29, 1981, shall convene a meeting among all record carriers which the Commission determines would be parties to any agreement required by paragraph (1)(A)(i). Such meeting shall be held for the purpose of negotiating any such agreement. Representatives of the Commission shall attend such meeting for purposes of monitoring and presiding over such negotitions. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should be 'negotiations.' (B)(i) In the case of any such required agreement, if - (I) the record carrier subject to the interconnection requirement; and (II) a majority of the primary existing international record carriers involved in the meeting convened by the Commission under subparagraph (A); fail to enter into an agreement before the end of the forty-five-day period following the beginning of such meeting, then the Commission shall issue an interim or final order which establishes a just, fair, reasonable, and nondiscriminatory agreement which is consistent with the purposes of this section. Any such agreement established by the Commission shall be binding upon such parties. (ii) Such interim or final order shall be issued not later than ninety days after the date on which the Commission convenes the meeting under subparagraph (A). In the case of any such required agreement, if - (I) the record carrier subject to the interconnection requirement; and (II) a majority of the primary existing international record carriers involved in the meeting convened by the Commission under subparagraph (A); reach an agreement which complies with the requirements of this section, and such agreement is entered into before the issuance of such order by the Commission under this subparagraph, then such agreement of the parties shall take effect and the Commission shall not be required to issue any such order. (C) Any record carrier which is not subject to the agreement entered into, or established by the Commission, under this paragraph may elect to be subject to the terms of such agreement upon furnishing written notice to the Commission and to all existing parties to such agreement. After a carrier makes such an election, the terms and arrangements established by the agreement shall apply to such carrier to the extent practicable, as determined by the Commission. (4) The Commission shall have authority to vacate or modify any agreement entered into by any record carriers under this section if the Commission determines that (A) such agreement is not consistent with the purposes of this section; or (B) such agreement unjustly or unreasonably discriminates against any record carrier. (5) If the Western Union Telegraph Company submits an application to the Commission for authority to provide international record communications service, the Commission shall not have any authority to take any final action with respect to such application until the end of the one hundred and twenty-day period following the date a written agreement is entered into between such Company and other record carriers under paragraph (3), or following the effective date of any interim or final order issued by the Commission under paragraph (3)(B) with respect to such carriers. The limitation upon Commission authority established in this paragraph shall expire at the end of the two hundred and ten-day period following December 29, 1981. (d) Domestic and international market service Subject to the provisions of subsection (c)(5) of this section, each record carrier may provide record communications service in the United States domestic market and in the international market. Any record carrier seeking to provide domestic record communications service may provide such service without submitting an application to the Commission under section 214 of this title unless the Commission requires such a submission. The Commission shall act expeditiously upon any application submitted pursuant to section 214 of this title. (e) Termination of certain statutory oversight authorities of Commission (1) At the end of the 36-month period following December 29, 1981, the provisions of subsection (c) of this section, other than paragraph (1)(B) of such subsection, shall cease to have any force or effect. (2) The provisions of paragraph (1) shall not be construed to affect the obligation of any carrier to interconnect with any other carrier pursuant to this chapter. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 222, as added Mar. 6, 1943, ch. 10, Sec. 1, 57 Stat. 5, and amended July 12, 1960, Pub. L. 86-624, Sec. 36, 74 Stat. 421; Nov. 30, 1974, Pub. L. 93-506, Sec. 2, 88 Stat. 1577; Dec. 24, 1980, Pub. L. 96-590, 94 Stat. 3414; Dec. 29, 1981, Pub. L. 97-130, Sec. 2, 95 Stat. 1687.) -MISC1- AMENDMENTS 1981 - Subsec. (a). Pub. L. 97-130 substituted provisions defining terms applicable to authorities respecting competition among record carriers, for provisions defining terms applicable to consolidations and mergers of telegraph carriers. Subsec. (b). Pub. L. 97-130 substituted provisions relating to exercise of authorities by Commission, for provisions relating to authorization of consolidations and mergers, and acquisition of facilities. Subsec. (c). Pub. L. 97-130 substituted provisions relating to implementation of responsibilities by Commission and procedures applicable to agreements among parties, for provisions relating to procedures applicable to consolidation or merger applications. Subsec. (d). Pub. L. 97-130 substituted provisions relating to service for the domestic and international markets, for provisions relating to alien ownership of capital stock. Subsec. (e). Pub. L. 97-130 substituted provisions relating to termination of statutory oversight authorities of Commission, for provisions relating to distribution of telegraph traffic among international carriers, and procedures applicable. Subsec. (f). Pub. L. 97-130 struck out subsec. (f) which related to protection of rights of employees of carriers involved in consolidations or mergers, procedures applicable for enforcement of rights, and exemptions. Subsec. (g). Pub. L. 97-130 struck out subsec. (g) which related to applicability of provisions to Hawaii. 1980 - Subsec. (a)(10). Pub. L. 96-590, Sec. 1, struck out ', except Hawaii' after 'Union'. Subsec. (g). Pub. L. 96-590, Sec. 2, added subsec. (g). 1974 - Subsec. (c)(1). Pub. L. 93-506 inserted reference to Secretary of Defense and struck out references to Secretary of the Army and Secretary of the Navy. 1960 - Subsec. (a)(10). Pub. L. 86-624 substituted 'the District of Columbia and the States of the Union, except Hawaii' for 'the several States and the District of Columbia'. SHORT TITLE OF 1981 AMENDMENT For short title of Pub. L. 97-130 as the 'Record Carrier Competition Act of 1981', see section 1 of Pub. L. 97-130, set out as a note under section 609 of this title. OVERSIGHT OF DISTRIBUTION FORMULAS BY COMMISSION; TERMINATION OF AUTHORITIES Section 3 of Pub. L. 97-130 provided that: '(a) Subject to the provisions of subsection (b), the Federal Communications Commission shall exercise its authority under the Communications Act of 1934 (this chapter) to continue its oversight of the establishment of just and reasonable distribution formulas for unrouted outbound telegraph traffic and the allocation of revenues with respect to such traffic, consistent with the purposes of section 222 of the Communications Act of 1934, as amended in section 2 (this section). '(b) The provisions of subsection (a) shall cease to have any force or effect at the end of the 1-year period beginning on the date of the enactment of this Act (Dec. 29, 1981).' VALIDITY OF CONTRACTS ENTERED INTO PRIOR TO JUNE 23, 1981 Section 4 of Pub. L. 97-130 provided that: 'The amendment made in section 2 (amending this section) shall not affect the validity of the terms of any otherwise lawful contract relating to the distribution of outbound international record traffic between any domestic record carrier and any international record carrier if such contract was entered into before June 23, 1981.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 214 of this title. ------DocID 54135 Document 122 of 303------ -CITE- 47 USC Sec. 223 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 223. Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications -STATUTE- (a) Prohibited acts generally Whoever - (1) in the District of Columbia or in interstate or foreign communication by means of telephone - (A) makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy, or indecent; (B) makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number; (C) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or (D) makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or (2) knowingly permits any telephone facility under his control to be used for any purpose prohibited by this section, shall be fined not more than $50,000 or imprisoned not more than six months, or both. (b) Prohibited acts for commercial purposes; defense to prosecution (1) Whoever knowingly - (A) within the United States, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or (B) permits any telephone facility under such person's control to be used for an activity prohibited by subparagraph (A), shall be fined in accordance with title 18 or imprisoned not more than two years, or both. (2) Whoever knowingly - (A) within the United States, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes which is available to any person under 18 years of age or to any other person without that person's consent, regardless of whether the maker of such communication placed the call; or (B) permits any telephone facility under such person's control to be used for an activity prohibited by subparagraph (A), shall be fined not more than $50,000 or imprisoned not more than six months, or both. (3) It is a defense to prosecution under paragraph (2) of this subsection that the defendant restrict access to the prohibited communication to persons 18 years of age or older in accordance with subsection (c) of this section and with such procedures as the Commission may prescribe by regulation. (4) In addition to the penalties under paragraph (1), whoever, within the United States, intentionally violates paragraph (1) or (2) shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. (5)(A) In addition to the penalties under paragraphs (1), (2), and (5), whoever, within the United States, violates paragraph (1) or (2) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. (B) A fine under this paragraph may be assessed either - (i) by a court, pursuant to civil action by the Commission or any attorney employed by the Commission who is designated by the Commission for such purposes, or (ii) by the Commission after appropriate administrative proceedings. (6) The Attorney General may bring a suit in the appropriate district court of the United States to enjoin any act or practice which violates paragraph (1) or (2). An injunction may be granted in accordance with the Federal Rules of Civil Procedure. (c) Restriction on access to subscribers by common carriers; judicial remedies respecting restrictions (1) A common carrier within the District of Columbia or within any State, or in interstate or foreign commerce, shall not, to the extent technically feasible, provide access to a communication specified in subsection (b) of this section from the telephone of any subscriber who has not previously requested in writing the carrier to provide access to such communication if the carrier collects from subscribers an identifiable charge for such communication that the carrier remits, in whole or in part, to the provider of such communication. (2) Except as provided in paragraph (3), no cause of action may be brought in any court or administrative agency against any common carrier, or any of its affiliates, including their officers, directors, employees, agents, or authorized representatives on account of - (A) any action which the carrier demonstrates was taken in good faith to restrict access pursuant to paragraph (1) of this subsection; or (B) any access permitted - (i) in good faith reliance upon the lack of any representation by a provider of communciations that communications provided by that provider are communications specified in subsection (b) of this section, or (ii) because a specific representation by the provider did not allow the carrier, acting in good faith, a sufficient period to restrict access to restrict access to communications described in subsection (b) of this section. (3) Notwithstanding paragraph (2) of this subsection, a provider of communications services to which subscribers are denied access pursuant to paragraph (1) of this subsection may bring an action for a declaratory judment or similar action in a court. Any such action shall be limited to the question of whether the communications which the provider seeks to provide fall within the category of communications to which the carrier will provide access only to subscribers who have previously requested such access. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 223, as added May 3, 1968, Pub. L. 90-299, Sec. 1, 82 Stat. 112, and amended Dec. 8, 1983, Pub. L. 98-214, Sec. 8(a), (b), 97 Stat. 1469, 1470; Apr. 28, 1988, Pub. L. 100-297, title VI, Sec. 6101, 102 Stat. 424; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7524, 102 Stat. 4502; Nov. 21, 1989, Pub. L. 101-166, title V, Sec. 521(1), 103 Stat. 1192.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b)(6), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -MISC2- AMENDMENTS 1989 - Subsecs. (b), (c). Pub. L. 101-166 added subsecs. (b) and (c) and struck out former subsec. (b) which read as follows: '(1) Whoever knowingly - '(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or '(B) permits any telephone facility under such person's control to be used for an activity prohibited by clause (i); shall be fined in accordance with title 18 or imprisoned not more than two years, or both. '(2) Whoever knowingly - '(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any indecent communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or '(B) permits any telephone facility under such person's control to be used for an activity prohibited by clause (i), shall be fined not more than $50,000 or imprisoned not more than six months, or both.' 1988 - Subsec. (b). Pub. L. 100-690 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: '(1) Whoever knowingly - '(A) in the District of Columbia or in interstate or foreign communication, by means of telephone, makes (directly or by recording device) any obscene or indecent communication for commercial purposes to any person, regardless of whether the maker of such communication placed the call; or '(B) permits any telephone facility under such person's control to be used for an activity prohibited by subparagraph (A), shall be fined not more than $50,000 or imprisoned not more than six months, or both. '(2) In addition to the penalties under paragraph (1), whoever, in the District of Columbia or in interstate or foreign communication, intentionally violates paragraph (1)(A) or (1)(B) shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. '(3)(A) In addition to the penalties under paragraphs (1) and (2), whoever, in the District of Columbia or in interstate or foreign communication, violates paragraph (1)(A) or (1)(B) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. '(B) A fine under this paragraph may be assessed either - '(i) by a court, pursuant to a civil action by the Commission or any attorney employed by the Commission who is designated by the Commission for such purposes, or '(ii) by the Commission after appropriate administrative proceedings. '(4) The Attorney General may bring a suit in the appropriate district court of the United States to enjoin any act or practice which violates paragraph (1)(A) or (1)(B). An injunction may be granted in accordance with the Federal Rules of Civil Procedure.' Pub. L. 100-297, in par. (1)(A), struck out 'under eighteen years of age or to any other person without that person's consent' after 'to any person', redesignated par. (3) as (2) and struck out former par. (2) which read as follows: 'It is a defense to a prosecution under this subsection that the defendant restricted access to the prohibited communication to persons eighteen years of age or older in accordance with procedures which the Commission shall prescribe by regulation.', redesignated par. (4) as (3) and substituted 'under paragraphs (1) and (2)' for 'under paragraphs (1) and (3)', and redesignated par. (5) as (4). 1983 - Subsec. (a). Pub. L. 98-214, Sec. 8(a)(1), (2), designated existing provisions as subsec. (a) and substituted '$50,000' for '$500' in provisions after par. (2). Subsec. (a)(2). Pub. L. 98-214, Sec. 8(b), inserted 'facility' after 'telephone'. Subsec. (b). Pub. L. 98-214, Sec. 8(a)(3), added subsec. (b). EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-166 effective 120 days after Nov. 21, 1989, see section 521(3) of Pub. L. 101-166, set out as a note under section 152 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-297 effective July 1, 1988, see section 6303 of Pub. L. 100-297, set out as a note under section 2701 of Title 20, Education. REGULATIONS; DISPOSITION OF COMPLAINTS PENDING ON DECEMBER 8, 1983 Section 8(c), (d) of Pub. L. 98-214 provided that: '(c) The Federal Communications Commission shall issue regulations pursuant to section 223(b)(2) of the Communications Act of 1934 (as added by subsection (a) of this section) (subsec. (b)(2) of this section) not later than one hundred and eighty days after the date of the enactment of this Act (Dec. 8, 1983). '(d) The Commission shall act on all complaints alleging violation of section 223 of the Communications Act of 1934 (this section) which are pending on the date of the enactment of this Act (Dec. 8, 1983) within ninety days of such date of enactment.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 152, 153 of this title. ------DocID 54136 Document 123 of 303------ -CITE- 47 USC Sec. 224 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 224. Pole attachments -STATUTE- (a) Definitions As used in this section: (1) The term 'utility' means any person whose rates or charges are regulated by the Federal Government or a State and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for wire communication. Such term does not include any railroad, any person who is cooperatively organized, or any person owned by the Federal Government or any State. (2) The term 'Federal Government' means the Government of the United States or any agency or instrumentality thereof. (3) The term 'State' means any State, territory, or possession of the United States, the District of Columbia, or any political subdivision, agency, or instrumentality thereof. (4) The term 'pole attachment' means any attachment by a cable television system to a pole, duct, conduit, or right-of-way owned or controlled by a utility. (b) Authority of Commission to regulate rates, terms, and conditions; enforcement powers; promulgation of regulations (1) Subject to the provisions of subsection (c) of this section, the Commission shall regulate the rates, terms, and conditions for pole attachments to provide that such rates, terms, and conditions are just and reasonable, and shall adopt procedures necessary and appropriate to hear and resolve complaints concerning such rates, terms, and conditions. For purposes of enforcing any determinations resulting from complaint procedures established pursuant to this subsection, the Commission shall take such action as it deems appropriate and necessary, including issuing cease and desist orders, as authorized by section 312(b) of this title. (2) Within 180 days from February 21, 1978, the Commission shall prescribe by rule regulations to carry out the provisions of this section. (c) State regulatory authority over rates, terms, and conditions; preemption; certification; circumstances constituting State regulation (1) Nothing in this section shall be construed to apply to, or to give the Commission jurisdiction with respect to rates, terms, and conditions for pole attachments in any case where such matters are regulated by a State. (2) Each State which regulates the rates, terms, and conditions for pole attachments shall certify to the Commission that - (A) it regulates such rates, terms, and conditions; and (B) in so regulating such rates, terms, and conditions, the State has the authority to consider and does consider the interests of the subscribers of cable television services, as well as the interests of the consumers of the utility services. (3) For purposes of this subsection, a State shall not be considered to regulate the rates, terms, and conditions for pole attachments - (A) unless the State has issued and made effective rules and regulations implementing the State's regulatory authority over pole attachments; and (B) with respect to any individual matter, unless the State takes final action on a complaint regarding such matter - (i) within 180 days after the complaint is filed with the State, or (ii) within the applicable period prescribed for such final action in such rules and regulations of the State, if the prescribed period does not extend beyond 360 days after the filing of such complaint. (d) Determination of just and reasonable rates; 'usable space' defined (1) For purposes of subsection (b) of this section, a rate is just and reasonable if it assures a utility the recovery of not less than the additional costs of providing pole attachments, nor more than an amount determined by multiplying the percentage of the total usable space, or the percentage of the total duct or conduit capacity, which is occupied by the pole attachment by the sum of the operating expenses and actual capital costs of the utility attributable to the entire pole, duct, conduit, or right-of-way. (2) As used in this subsection, the term 'usable space' means the space above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 224, as added Feb. 21, 1978, Pub. L. 95-234, Sec. 6, 92 Stat. 35, and amended Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 106, 96 Stat. 1091; Oct. 30, 1984, Pub. L. 98-549, Sec. 4, 98 Stat. 2801.) -MISC1- AMENDMENTS 1984 - Subsec. (c)(3). Pub. L. 98-549 added par. (3). 1982 - Subsec. (e). Pub. L. 97-259 struck out subsec. (e) which provided that, upon expiration of 5-year period that began on Feb. 21, 1978, provisions of subsec. (d) of this section would cease to have any effect. 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 Section effective on thirtieth day after Feb. 21, 1978, see section 7 of Pub. L. 95-234, set out as an Effective Date of 1978 Amendment note under section 152 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 152 of this title. ------DocID 54137 Document 124 of 303------ -CITE- 47 USC Sec. 225 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 225. Telecommunications services for hearing-impaired and speech-impaired individuals -STATUTE- (a) Definitions As used in this section - (1) Common carrier or carrier The term 'common carrier' or 'carrier' includes any common carrier engaged in interstate communication by wire or radio as defined in section 153(h) of this title and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 152(b) and 221(b) of this title. (2) TDD The term 'TDD' means a Telecommunications Device for the Deaf, which is a machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. (3) Telecommunications relay services The term 'telecommunications relay services' means telephone transmission services that provide the ability for an individual who has a hearing impairment or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment or speech impairment to communicate using voice communication services by wire or radio. Such term includes services that enable two-way communication between an individual who uses a TDD or other nonvoice terminal device and an individual who does not use such a device. (b) Availability of telecommunications relay services (1) In general In order to carry out the purposes established under section 151 of this title, to make available to all individuals in the United States a rapid, efficient nationwide communication service, and to increase the utility of the telephone system of the Nation, the Commission shall ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals in the United States. (2) Use of general authority and remedies 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 common carriers engaged in intrastate communication as the Commission has in administering and enforcing the provisions of this subchapter with respect to any common carrier engaged in interstate communication. Any violation of this section by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of this chapter by a common carrier engaged in interstate communication. (c) Provision of services Each common carrier providing telephone voice transmission services shall, not later than 3 years after July 26, 1990, provide in compliance with the regulations prescribed under this section, throughout the area in which it offers service, telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. A common carrier shall be considered to be in compliance with such regulations - (1) with respect to intrastate telecommunications relay services in any State that does not have a certified program under subsection (f) of this section and with respect to interstate telecommunications relay services, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the Commission's regulations under subsection (d) of this section; or (2) with respect to intrastate telecommunications relay services in any State that has a certified program under subsection (f) of this section for such State, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under subsection (f) of this section for such State. (d) Regulations (1) In general The Commission shall, not later than 1 year after July 26, 1990, prescribe regulations to implement this section, including regulations that - (A) establish functional requirements, guidelines, and operations procedures for telecommunications relay services; (B) establish minimum standards that shall be met in carrying out subsection (c) of this section; (C) require that telecommunications relay services operate every day for 24 hours per day; (D) require that users of telecommunications relay services pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination; (E) prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services; (F) prohibit relay operators from disclosing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and (G) prohibit relay operators from intentionally altering a relayed conversation. (2) Technology The Commission shall ensure that regulations prescribed to implement this section encourage, consistent with section 157(a) of this title, the use of existing technology and do not discourage or impair the development of improved technology. (3) Jurisdictional separation of costs (A) In general Consistent with the provisions of section 410 of this title, the Commission shall prescribe regulations governing the jurisdictional separation of costs for the services provided pursuant to this section. (B) Recovering costs Such regulations shall generally provide that costs caused by interstate telecommunications relay services shall be recovered from all subscribers for every interstate service and costs caused by intrastate telecommunications relay services shall be recovered from the intrastate jurisdiction. In a State that has a certified program under subsection (f) of this section, a State commission shall permit a common carrier to recover the costs incurred in providing intrastate telecommunications relay services by a method consistent with the requirements of this section. (e) Enforcement (1) In general Subject to subsections (f) and (g) of this section, the Commission shall enforce this section. (2) Complaint The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed. (f) Certification (1) State documentation Any State desiring to establish a State program under this section shall submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services and the procedures and remedies available for enforcing any requirements imposed by the State program. (2) Requirements for certification After review of such documentation, the Commission shall certify the State program if the Commission determines that - (A) the program makes available to hearing-impaired and speech-impaired individuals, either directly, through designees, through a competitively selected vendor, or through regulation of intrastate common carriers, intrastate telecommunications relay services in such State in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under subsection (d) of this section; and (B) the program makes available adequate procedures and remedies for enforcing the requirements of the State program. (3) Method of funding Except as provided in subsection (d) of this section, the Commission shall not refuse to certify a State program based solely on the method such State will implement for funding intrastate telecommunication relay services. (4) Suspension or revocation of certification The Commission may suspend or revoke such certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. In a State whose program has been suspended or revoked, the Commission shall take such steps as may be necessary, consistent with this section, to ensure continuity of telecommunications relay services. (g) Complaint (1) Referral of complaint If a complaint to the Commission alleges a violation of this section with respect to intrastate telecommunications relay services within a State and certification of the program of such State under subsection (f) of this section is in effect, the Commission shall refer such complaint to such State. (2) Jurisdiction of Commission After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if - (A) final action under such State program has not been taken on such complaint by such State - (i) within 180 days after the complaint is filed with such State; or (ii) within a shorter period as prescribed by the regulations of such State; or (B) the Commission determines that such State program is no longer qualified for certification under subsection (f) of this section. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 225, as added July 26, 1990, Pub. L. 101-336, title IV, Sec. 401(a), 104 Stat. 366.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 152, 221 of this title; title 42 sections 12201, 12206. ------DocID 54138 Document 125 of 303------ -CITE- 47 USC Sec. 226 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 226. Telephone operator services -STATUTE- (a) Definitions As used in this section - (1) The term 'access code' means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence. (2) The term 'aggregator' means any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a provider of operator services. (3) The term 'call splashing' means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location. (4) The term 'consumer' means a person initiating any interstate telephone call using operator services. (5) The term 'equal access' has the meaning given that term in Appendix B of the Modification of Final Judgment entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82-0192 (United States District Court, District of Columbia), as amended by the Court in its orders issued prior to October 17, 1990. (6) The term 'equal access code' means an access code that allows the public to obtain an equal access connection to the carrier associated with that code. (7) The term 'operator services' means any interstate telecommunications service initiated from an aggregator location that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate telephone call through a method other than - (A) automatic completion with billing to the telephone from which the call originated; or (B) completion through an access code used by the consumer, with billing to an account previously established with the carrier by the consumer. (8) The term 'presubscribed provider of operator services' means the interstate provider of operator services to which the consumer is connected when the consumer places a call using a provider of operator services without dialing an access code. (9) The term 'provider of operator services' means any common carrier that provides operator services or any other person determined by the Commission to be providing operator services. (b) Requirements for providers of operator services (1) In general Beginning not later than 90 days after October 17, 1990, each provider of operator services shall, at a minimum - (A) identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before the consumer incurs any charge for the call; (B) permit the consumer to terminate the telephone call at no charge before the call is connected; (C) disclose immediately to the consumer, upon request and at no charge to the consumer - (i) a quote of its rates or charges for the call; (ii) the methods by which such rates or charges will be collected; and (iii) the methods by which complaints concerning such rates, charges, or collection practices will be resolved; (D) ensure, by contract or tariff, that each aggregator for which such provider is the presubscribed provider of operator services is in compliance with the requirements of subsection (c) of this section and, if applicable, subsection (e)(1) of this section; (E) withhold payment (on a location-by-location basis) of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator (i) is blocking access by means of '950' or '800' numbers to interstate common carriers in violation of subsection (c)(1)(B) of this section or (ii) is blocking access to equal access codes in violation of rules the Commission may prescribe under subsection (e)(1) of this section; (F) not bill for unanswered telephone calls in areas where equal access is available; (G) not knowingly bill for unanswered telephone calls where equal access is not available; (H) not engage in call splashing, unless the consumer requests to be transferred to another provider of operator services, the consumer is informed prior to incurring any charges that the rates for the call may not reflect the rates from the actual originating location of the call, and the consumer then consents to be transferred; and (I) except as provided in subparagraph (H), not bill for a call that does not reflect the location of the origination of the call. (2) Additional requirements for first 3 years In addition to meeting the requirements of paragraph (1), during the 3-year period beginning on the date that is 90 days after October 17, 1990, each presubscribed provider of operator services shall identify itself audibly and distinctly to the consumer, not only as required in paragraph (1)(A), but also for a second time before connecting the call and before the consumer incurs any charge. (c) Requirements for aggregators (1) In general Each aggregator, beginning not later than 90 days after October 17, 1990, shall - (A) post on or near the telephone instrument, in plain view of consumers - (i) the name, address, and toll-free telephone number of the provider of operator services; (ii) a written disclosure that the rates for all operator-assisted calls are available on request, and that consumers have a right to obtain access to the interstate common carrier of their choice and may contact their preferred interstate common carriers for information on accessing that carrier's service using that telephone; and (iii) the name and address of the enforcement division of the Common Carrier Bureau of the Commission, to which the consumer may direct complaints regarding operator services; (B) ensure that each of its telephones presubscribed to a provider of operator services allows the consumer to use '800' and '950' access code numbers to obtain access to the provider of operator services desired by the consumer; and (C) ensure that no charge by the aggregator to the consumer for using an '800' or '950' access code number, or any other access code number, is greater than the amount the aggregator charges for calls placed using the presubscribed provider of operator services. (2) Effect of State law or regulation The requirements of paragraph (1)(A) shall not apply to an aggregator in any case in which State law or State regulation requires the aggregator to take actions that are substantially the same as those required in paragraph (1)(A). (d) General rulemaking required (1) Rulemaking proceeding The Commission shall conduct a rulemaking proceeding pursuant to this subchapter to prescribe regulations to - (A) protect consumers from unfair and deceptive practices relating to their use of operator services to place interstate telephone calls; and (B) ensure that consumers have the opportunity to make informed choices in making such calls. (2) Deadlines The Commission shall initiate the proceeding required under paragraph (1) within 60 days after October 17, 1990, and shall prescribe regulations pursuant to the proceeding not later than 210 days after October 17, 1990. Such regulations shall take effect not later than 45 days after the date the regulations are prescribed. (3) Contents of regulations The regulations prescribed under this section shall - (A) contain provisions to implement each of the requirements of this section, other than the requirements established by the rulemaking under subsection (e) of this section on access and compensation; and (B) contain such other provisions as the Commission determines necessary to carry out this section and the purposes and policies of this section. (4) Additional requirements to be implemented by regulations The regulations prescribed under this section shall, at a minimum - (A) establish minimum standards for providers of operator services to use in the routing and handling of emergency telephone calls; and (B) establish a policy for requiring providers of operator services to make public information about recent changes in operator services and choices available to consumers in that market. (e) Separate rulemaking on access and compensation (1) Access The Commission, within 9 months after October 17, 1990, shall require - (A) that each aggregator ensure within a reasonable time that each of its telephones presubscribed to a provider of operator services allows the consumer to obtain access to the provider of operator services desired by the consumer through the use of an equal access code; or (B) that all providers of operator services, within a reasonable time, make available to their customers a '950' or '800' access code number for use in making operator services calls from anywhere in the United States; or (C) that the requirements described under both subparagraphs (A) and (B) apply. (2) Compensation The Commission shall consider the need to prescribe compensation (other than advance payment by consumers) for owners of competitive public pay telephones for calls routed to providers of operator services that are other than the presubscribed provider of operator services for such telephones. Within 9 months after October 17, 1990, the Commission shall reach a final decision on whether to prescribe such compensation. (f) Technological capability of equipment Any equipment and software manufactured or imported more than 18 months after October 17, 1990, and installed by any aggregator shall be technologically capable of providing consumers with access to interstate providers of operator services through the use of equal access codes. (g) Fraud In any proceeding to carry out the provisions of this section, the Commission shall require such actions or measures as are necessary to ensure that aggregators are not exposed to undue risk of fraud. (h) Determinations of rate compliance (1) Filing of informational tariff (A) In general Each provider of operator services shall file, within 90 days after October 17, 1990, and shall maintain, update regularly, and keep open for public inspection, an informational tariff specifying rates, terms, and conditions, and including commissions, surcharges, any fees which are collected from consumers, and reasonable estimates of the amount of traffic priced at each rate, with respect to calls for which operator services are provided. Any changes in such rates, terms, or conditions shall be filed no later than the first day on which the changed rates, terms, or conditions are in effect. (B) Waiver authority The Commission may, after 4 years following October 17, 1990, waive the requirements of this paragraph only if - (i) the findings and conclusions of the Commission in the final report issued under paragraph (3)(B)(iii) state that the regulatory objectives specified in subsection (d)(1)(A) and (B) of this section have been achieved; and (ii) the Commission determines that such waiver will not adversely affect the continued achievement of such regulatory objectives. (2) Review of informational tariffs If the rates and charges filed by any provider of operator services under paragraph (1) appear upon review by the Commission to be unjust or unreasonable, the Commission may require such provider of operator services to do either or both of the following: (A) demonstrate that its rates and charges are just and reasonable, and (B) announce that its rates are available on request at the beginning of each call. (3) Proceeding required (A) In general Within 60 days after October 17, 1990, the Commission shall initiate a proceeding to determine whether the regulatory objectives specified in subsection (d)(1)(A) and (B) of this section are being achieved. The proceeding shall - (i) monitor operator service rates; (ii) determine the extent to which offerings made by providers of operator services are improvements, in terms of service quality, price, innovation, and other factors, over those available before the entry of new providers of operator services into the market; (iii) report on (in the aggregate and by individual provider) operator service rates, incidence of service complaints, and service offerings; (iv) consider the effect that commissions and surcharges, billing and validation costs, and other costs of doing business have on the overall rates charged to consumers; and (v) monitor compliance with the provisions of this section, including the periodic placement of telephone calls from aggregator locations. (B) Reports (i) The Commission shall, during the pendency of such proceeding and not later than 5 months after its commencement, provide the Congress with an interim report on the Commission's activities and progress to date. (ii) Not later than 11 months after the commencement of such proceeding, the Commission shall report to the Congress on its interim findings as a result of the proceeding. (iii) Not later than 23 months after the commencement of such proceeding, the Commission shall submit a final report to the Congress on its findings and conclusions. (4) Implementing regulations (A) In general Unless the Commission makes the determination described in subparagraph (B), the Commission shall, within 180 days after submission of the report required under paragraph (3)(B)(iii), complete a rulemaking proceeding pursuant to this subchapter to establish regulations for implementing the requirements of this subchapter (and paragraphs (1) and (2) of this subsection) that rates and charges for operator services be just and reasonable. Such regulations shall include limitations on the amount of commissions or any other compensation given to aggregators by providers of operator service. (B) Limitation The requirement of subparagraph (A) shall not apply if, on the basis of the proceeding under paragraph (3)(A), the Commission makes (and includes in the report required by paragraph (3)(B)(iii)) a factual determination that market forces are securing rates and charges that are just and reasonable, as evidenced by rate levels, costs, complaints, service quality, and other relevant factors. (i) Statutory construction Nothing in this section shall be construed to alter the obligations, powers, or duties of common carriers or the Commission under the other sections of this chapter. -SOURCE- (June 19, 1934, ch. 652, title II, Sec. 226, as added Oct. 17, 1990, Pub. L. 101-435, Sec. 3, 104 Stat. 987, and amended Nov. 15, 1990, Pub. L. 101-555, Sec. 4, 104 Stat. 2760.) -MISC1- AMENDMENTS 1990 - Subsec. (b)(1). Pub. L. 101-555, Sec. 4(a), substituted '90 days' for '30 days'. Subsec. (b)(1)(J). Pub. L. 101-555, Sec. 4(b), struck out subpar. (J) which read as follows: 'not bill an interexchange telephone call to a billing card number which - '(i) is issued by another provider of operator services, and '(ii) permits the identification of the other provider, unless the call is billed at a rate not greater than the other provider's rate for the call, the consumer requests a special service that is not available under tariff from the other provider, or the consumer expressly consents to a rate greater than the other provider's rate.' Subsecs. (b)(2), (c)(1), (h)(1)(A). Pub. L. 101-555, Sec. 4(a), substituted '90 days' for '30 days'. CONGRESSIONAL FINDINGS Section 2 of Pub. L. 101-435 provided that: 'The Congress finds that - '(1) the divestiture of AT&T and decisions allowing open entry for competitors in the telephone marketplace produced a variety of new services and many new providers of existing telephone services; '(2) the growth of competition in the telecommunications market makes it essential to ensure that safeguards are in place to assure fairness for consumers and service providers alike; '(3) a variety of providers of operator services now compete to win contracts to provide operator services to hotels, hospitals, airports, and other aggregators of telephone business from consumers; '(4) the mere existence of a variety of service providers in the operator services marketplace is significant in making that market competitive only when consumers are able to make informed choices from among those service providers; '(5) however, often consumers have no choices in selecting a provider of operator services, and often attempts by consumers to reach their preferred long distance carrier by using a telephone billing card, credit card, or prearranged access code number are blocked; '(6) a number of State regulatory authorities have taken action to protect consumers using intrastate operator services; '(7) from January 1988 through February 1990, the Federal Communications Commission received over 4,000 complaints from consumers about operator services; '(8) those consumers have complained that they are denied access to the interexchange carrier of their choice, that they are deceived about the identity of the company providing operator services for their calls and the rates being charged, that they lack information on what they can do to complain about unfair treatment by an operator service provider, and that they are, accordingly, being deprived of the free choice essential to the operation of a competitive market; '(9) the Commission has testified that its actions have been insufficient to correct the problems in the operator services industry to date; and '(10) a combination of industry self-regulation and government regulation is required to ensure that competitive operator services are provided in a fair and reasonable manner.' ------DocID 54139 Document 126 of 303------ -CITE- 47 USC SUBCHAPTER III -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III -HEAD- SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 503, 741, 753 of this title. ------DocID 54140 Document 127 of 303------ -CITE- 47 USC Part I -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -HEAD- Part I - General Provisions ------DocID 54141 Document 128 of 303------ -CITE- 47 USC Sec. 301 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 107, 111(b), 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. -MISC2- 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, 303, 305, 306, 510 of this title. ------DocID 54142 Document 129 of 303------ -CITE- 47 USC Sec. 302 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. ------DocID 54143 Document 130 of 303------ -CITE- 47 USC Sec. 302a -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. (c) Exceptions 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. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 302, as added July 5, 1968, Pub. L. 90-379, 82 Stat. 290, and amended Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 108(a), 96 Stat. 1091.) -MISC1- AMENDMENTS 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'. 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. ------DocID 54144 Document 131 of 303------ -CITE- 47 USC Sec. 303 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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; (c) Assign bands of frequencies to the various classes of 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, after a public hearing, 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 (C) has willfully damaged or permitted radio apparatus 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 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. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 303, 48 Stat. 1082; May 20, 1937, ch. 229, Sec. 5, 6, 50 Stat. 190, 191; Aug. 28, 1958, Pub. L. 85-817, Sec. 1, 72 Stat. 981; Apr. 27, 1962, Pub. L. 87-445, 76 Stat. 64; July 10, 1962, Pub. L. 87-529, Sec. 1, 76 Stat. 150; May 28, 1964, Pub. L. 88-313, Sec. 1, 78 Stat. 202; Aug. 22, 1964, Pub. L. 88-487, Sec. 2, 78 Stat. 602; Oct. 19, 1965, Pub. L. 89-268, 79 Stat. 990; Aug. 10, 1971, Pub. L. 92-81, Sec. 1, 85 Stat. 302; Nov. 30, 1974, Pub. L. 93-505, Sec. 1, 88 Stat. 1576; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 109-111(a), 113(b), 96 Stat. 1092, 1093; Sept. 28, 1990, Pub. L. 101-396, Sec. 8(a), 104 Stat. 850; Oct. 15, 1990, Pub. L. 101-431, Sec. 3, 104 Stat. 960.) -COD- CODIFICATION 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. -MISC3- AMENDMENTS 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 govenment 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, Sec. 5, 6(a), amended subsecs. (m) and (n) generally. Subsec. (r). Act May 20, 1937, Sec. 6(b), added subsec. (r). 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, provided that: 'By January 31, 1989, the Federal Communications Commission shall promulgate regulations in accordance with section 1464, title 18, United States Code, to enforce the provisions of such section on a 24 hour per day basis.' 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.' -CROSS- CROSS REFERENCES Radiotelegraph operators licensed as ship's officers, see section 7101 et seq. of Title 46, Shipping. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 301, 305, 330 of this title. ------DocID 54145 Document 132 of 303------ -CITE- 47 USC Sec. 303a -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. (c) Review of advertising duration limitations; modification 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. 18, 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. -MISC3- 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. ------DocID 54146 Document 133 of 303------ -CITE- 47 USC Sec. 303b -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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 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. 18, 1990, 104 Stat. 997.) -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. ------DocID 54147 Document 134 of 303------ -CITE- 47 USC Sec. 303c -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. (c) Exemption 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. ------DocID 54148 Document 135 of 303------ -CITE- 47 USC Sec. 304 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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 signed a waiver of 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; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 127(a), 96 Stat. 1099.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-259 substituted 'electromagnetic spectrum' for 'ether'. ------DocID 54149 Document 136 of 303------ -CITE- 47 USC Sec. 305 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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) Vessels of Maritime Administration or Inland and Coastwise Waterways Service 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. (c) 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. (d) Stations operated by foreign governments 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; Oct. 11, 1962, Pub. L. 87-795, 76 Stat. 903; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(150), 95 Stat. 167.) -COD- CODIFICATION In subsec. (d), '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. -MISC3- AMENDMENTS 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, Sec. 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. -MISC5- 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. (c) No person shall while holding office as Director or Deputy 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 as a note 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 as a note 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 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. SECTION 2 FUNCTIONS TRANSFERRED TO COMMERCE 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. (c) Coordinate, in consultation with the Secretary of State, the 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 2251 of the Appendix to Title 50, War and National Defense). 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. SECTION 3 FUNCTIONS ASSIGNED TO THE OFFICE OF MANAGEMENT AND BUDGET 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. SECTION 4 FUNCTIONS ASSIGNED TO THE NATIONAL SECURITY COUNCIL AND THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY 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.) SECTION 5 RELATED TELECOMMUNICATIONS FUNCTIONS 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. (c) Conduct research and analysis in the general field of 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.) SECTION 6 GENERAL PROVISIONS 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 (see Short Title note set out under 40 U.S.C. 471), 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 title 14 section 829; title 22 section 1465bb. ------DocID 54150 Document 137 of 303------ -CITE- 47 USC Sec. 306 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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.) ------DocID 54151 Document 138 of 303------ -CITE- 47 USC Sec. 307 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. (c) Terms No license granted for the operation of a television broadcasting station shall be for a longer term than five years and no license so granted for any other class of station (other than a radio broadcasting station) shall be for a longer term than ten years, and any license granted may be revoked as hereinafter provided. Each license granted for the operation of a radio broadcasting station shall be for a term of not to exceed seven years. 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. Upon the expiration of any license, upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed five years in the case of television broadcasting licenses, for a term of not to exceed seven years in the case of radio broadcasting station licenses, and for a term of not to exceed ten years in the case of other licenses, if the Commission finds that public interest, convenience, and necessity would be served thereby. 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. 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. Consistently 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, public interest, convenience, or necessity would be served by such action. (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 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. -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; Sept. 13, 1960, Pub. L. 86-752, Sec. 3, 74 Stat. 889; Apr. 27, 1962, Pub. L. 87-439, 76 Stat. 58; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1241(a), 95 Stat. 736; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 112, 113(a), 96 Stat. 1093.) -MISC1- AMENDMENTS 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 subec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 97-259, Sec. 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, 331, 503 of this title. ------DocID 54152 Document 139 of 303------ -CITE- 47 USC Sec. 308 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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 energency 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. (c) Commercial communication 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. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 308, 48 Stat. 1084; July 16, 1952, ch. 879, Sec. 6, 66 Stat. 714; Apr. 27, 1962, Pub. L. 87-444, Sec. 3, 76 Stat. 63.) -MISC1- AMENDMENTS 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'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 309, 310, 312 of this title. ------DocID 54153 Document 140 of 303------ -CITE- 47 USC Sec. 309 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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) fixed point-to-point microwave stations (exclusive of control and relay stations used as integral parts of mobile radio systems), (B) industrial radio positioning stations for which frequencies are assigned on an exclusive basis, (C) aeronautical en route stations, (D) aeronautical advisory stations, (E) airdrome control stations, (F) aeronautical fixed stations, and (G) 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. (c) Applications not affected by subsection (b) 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, (C) a license under section 319(c) of this title or, pending 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(b) 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. 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, 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, 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) Certain initial licenses and permits; random selection procedure; significant preferences; rules (1) 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. (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 (C) omit the determination required by subsection (a) of this 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. (C) For purposes of this paragraph: (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, not later than 180 days after September 13, 1982, 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. -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; Sept. 13, 1960, Pub. L. 86-752, Sec. 4(a), 74 Stat. 889; May 14, 1964, Pub. L. 88-306, 78 Stat. 193; May 14, 1964, Pub. L. 88-307, 78 Stat. 194; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1242(a), 95 Stat. 736; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 114, 115, 96 Stat. 1094; Oct. 30, 1984, Pub. L. 98-549, Sec. 6(b)(1), 98 Stat. 2804.) -MISC1- AMENDMENTS 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 ownerhsip 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 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 petitons 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.' 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, 533, 554 of this title. ------DocID 54154 Document 141 of 303------ -CITE- 47 USC Sec. 310 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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 any officer or director is an alien or 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 any officer or more than one-fourth of the directors are aliens, or 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. (c) Authorization for aliens licensed by foreign governments; 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; Aug. 28, 1958, Pub. L. 85-817, Sec. 2, 72 Stat. 981; May 28, 1964, Pub. L. 88-313, Sec. 2, 78 Stat. 202; Aug. 10, 1971, Pub. L. 92-81, Sec. 2, 85 Stat. 302; Nov. 30, 1974, Pub. L. 93-505, Sec. 2, 88 Stat. 1576; Dec. 8, 1983, Pub. L. 98-214, Sec. 7, 97 Stat. 1469; Sept. 28, 1990, Pub. L. 101-396, Sec. 8(b), 104 Stat. 850.) -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. -MISC3- AMENDMENTS 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, 734 of this title; title 40 section 782. ------DocID 54155 Document 142 of 303------ -CITE- 47 USC Sec. 311 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. (c) Agreement between two or more applicants; approval of 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; Sept. 13, 1960, Pub. L. 86-752, Sec. 5(a), 74 Stat. 892; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1243, 95 Stat. 737; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 116, 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 boradcasting 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. ------DocID 54156 Document 143 of 303------ -CITE- 47 USC Sec. 312 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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; or (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 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. (c) Order to show cause 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. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 312, 48 Stat. 1086; July 16, 1952, ch. 879, Sec. 10, 66 Stat. 716; Sept. 13, 1960, Pub. L. 86-752, Sec. 6, 74 Stat. 893; Feb. 7, 1972, Pub. L. 92-225, title I, Sec. 103(a)(2)(A), 86 Stat. 4; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 117, 96 Stat. 1095.) -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. -MISC3- AMENDMENTS 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 224, 402 of this title. ------DocID 54157 Document 144 of 303------ -CITE- 47 USC Sec. 312a -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. ------DocID 54158 Document 145 of 303------ -CITE- 47 USC Sec. 313 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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; Sept. 13, 1960, Pub. L. 86-752, Sec. 5(b), 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. -MISC2- 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. ------DocID 54159 Document 146 of 303------ -CITE- 47 USC Sec. 314 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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 Unted 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. ------DocID 54160 Document 147 of 303------ -CITE- 47 USC Sec. 315 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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) Broadcast media rates 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 - (1) 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 (2) at any other time, the charges made for comparable use of such station by other users thereof. (c) Definitions 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. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 315, 48 Stat. 1088; July 16, 1952, ch. 879, Sec. 11, 66 Stat. 717; Sept. 14, 1959, Pub. L. 86-274, Sec. 1, 73 Stat. 557; Feb. 7, 1972, Pub. L. 92-225, title I, Sec. 103(a)(1), (2)(B), 104(c), 86 Stat. 4, 7; Oct. 15, 1974, Pub. L. 93-443, title IV, Sec. 402, 88 Stat. 1291.) -MISC1- AMENDMENTS 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 candiate'. 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. (c) to (f) and redesignated former subsec. (c) as (g). 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). 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. 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. 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. ------DocID 54161 Document 148 of 303------ -CITE- 47 USC Sec. 316 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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, and amended Dec. 8, 1983, Pub. L. 98-214, Sec. 4(a), 97 Stat. 1467.) -MISC1- PRIOR PROVISIONS A prior section 316 of act June 19, 1934, relating to lotteries and similar devices, was repealed 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'. ------DocID 54162 Document 149 of 303------ -CITE- 47 USC Sec. 317 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. (c) Acquiring information from station employees 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; Sept. 13, 1960, Pub. L. 86-752, Sec. 8(a), 74 Stat. 895; Dec. 8, 1980, Pub. L. 96-507, Sec. 2(a), 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. ------DocID 54163 Document 150 of 303------ -CITE- 47 USC Sec. 318 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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, (3) stations engaged in broadcasting (other than those engaged primarily in the function of rebroadcasting the signals of broadcast stations), and (4) 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; July 7, 1960, Pub. L. 86-609, Sec. 1, 74 Stat. 363; July 1, 1976, Pub. L. 94-335, 90 Stat. 794.) -MISC1- AMENDMENTS 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. -CROSS- CROSS REFERENCES Radiotelegraph operators licensed as ship's officers, see section 7101 et seq. of Title 46, Shipping. ------DocID 54164 Document 151 of 303------ -CITE- 47 USC Sec. 319 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. (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. (c) Licenses for operation 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. 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. -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; July 7, 1960, Pub. L. 86-609, Sec. 2, 74 Stat. 363; Sept. 13, 1960, Pub. L. 86-752, Sec. 4(b), 74 Stat. 892; Apr. 27, 1962, Pub. L. 87-444, Sec. 4, 76 Stat. 64; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 118, 119, 96 Stat. 1095, 1096.) -MISC1- AMENDMENTS 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. ------DocID 54165 Document 152 of 303------ -CITE- 47 USC Sec. 320 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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.) ------DocID 54166 Document 153 of 303------ -CITE- 47 USC Sec. 321 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. ------DocID 54167 Document 154 of 303------ -CITE- 47 USC Sec. 322 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. ------DocID 54168 Document 155 of 303------ -CITE- 47 USC Sec. 323 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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.) ------DocID 54169 Document 156 of 303------ -CITE- 47 USC Sec. 324 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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.) ------DocID 54170 Document 157 of 303------ -CITE- 47 USC Sec. 325 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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) Broadcast to foreign countries for rebroadcast to United 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. (c) 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. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 325, 48 Stat. 1091.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 309, 402 of this title. ------DocID 54171 Document 158 of 303------ -CITE- 47 USC Sec. 326 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. ------DocID 54172 Document 159 of 303------ -CITE- 47 USC Sec. 327 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. ------DocID 54173 Document 160 of 303------ -CITE- 47 USC Sec. 328 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -HEAD- Sec. 328. Canal Zone; representation by Secretary of State -STATUTE- This subchapter shall not apply to the Canal Zone. In international radio matters the Canal Zone shall be represented by the Secretary of State. -SOURCE- (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.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse. -COD- CODIFICATION References to Philippine Islands omitted on authority of Proc. No. 2695, which recognized independence of Philippine Islands as of July 4, 1946. Proc. No. 2695 is set out under section 1394 of Title 22, Foreign Relations and Intercourse. ------DocID 54174 Document 161 of 303------ -CITE- 47 USC Sec. 329 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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. ------DocID 54175 Document 162 of 303------ -CITE- 47 USC Sec. 330 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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) For the purposes of this section and section 303(s) 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 July 10, 1962, Pub. L. 87-529, Sec. 2, 76 Stat. 151, and amended Oct. 15, 1990, Pub. L. 101-431, Sec. 4, 104 Stat. 961.) -STATAMEND- AMENDMENT OF SECTION Pub. L. 101-431, Sec. 4, 5, Oct. 15, 1990, 104 Stat. 961, provided that, effective July 1, 1993, this section is amended by redesignating subsection (b) as subsection (c) and substituting therein ', section 303(s) of this title, and section 303(u) of this title' for 'and section 303(s) of this title' and by inserting immediately after subsection (a) a new subsection (b) reading as follows: (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. -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (b)(2), see section 3602(b) of Title 22, Foreign Relations and Intercourse. -MISC2- 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. ------DocID 54176 Document 163 of 303------ -CITE- 47 USC Sec. 331 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -HEAD- Sec. 331. Allocation of very high frequency television stations -STATUTE- 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 (FOOTNOTE 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) (FOOTNOTE 2) of this title. (FOOTNOTE 1) So in original. Probably should be followed by 'of'. (FOOTNOTE 2) See References in Text note below. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 331, as added Sept. 3, 1982, Pub. L. 97-248, title III, Sec. 355, 96 Stat. 641.) -REFTEXT- REFERENCES IN TEXT Subsec. (d) of section 307 of this title, referred to in text, 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 Another section 331 of act June 19, 1934, ch. 652, title III, was added by Pub. L. 97-259, title I, Sec. 120(a), Sept. 13, 1982, 96 Stat. 1096, and is classified to section 332 of this title. -MISC3- 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, which related to broadcasting of games of professional sports clubs, was repealed by Pub. L. 93-107, Sec. 2, Sept. 14, 1973, 87 Stat. 351, effective Dec. 31, 1975. ------DocID 54177 Document 164 of 303------ -CITE- 47 USC Sec. 332 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -HEAD- Sec. 332. Private land 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 land 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 land mobile services and other services. (b) Advisory coordinating committees (1) The Commission, in coordinating the assignment of frequencies to stations in the private land 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. (c) Service provided by specialized mobile radio, multiple licensed radio dispatch systems, and other radio dispatch systems; common carriers; rate or entry regulation (1) For purposes of this section, private land mobile service shall include service provided by specialized mobile radio, multiple licensed radio dispatch systems, and all other radio dispatch systems, regardless of whether such service is provided indiscriminately to eligible users on a commercial basis, except that a land station licensed in such service to multiple licensees or otherwise shared by authorized users (other than a nonprofit, cooperative station) shall not be interconnected with a telephone exchange or interexchange service or facility for any purpose, except to the extent that (A) each user obtains such interconnection directly from a duly authorized carrier; or (B) licensees jointly obtain such interconnection directly from a duly authorized carrier. (2) A person engaged in private land mobile service shall not, insofar as such person is so engaged, be deemed a common carrier for any purpose under this chapter. A common carrier 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. (3) No State or local government shall have any authority to impose any rate or entry regulation upon any private land mobile service, except that nothing in this subsection may be construed to impair such jurisdiction with respect to common carrier stations in the mobile service. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 331, as added Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 120(a), 96 Stat. 1096.) -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. -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. Another section 331 of act June 19, 1934, ch. 652, title III, was added by Pub. L. 97-248, title III, Sec. 355, Sept. 3, 1982, 96 Stat. 641, and is classified to section 331 of this title. -MISC3- 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, which related to broadcasting of games of professional sports clubs, was repealed by Pub. L. 93-107, Sec. 2, Sept. 14, 1973, 87 Stat. 351, effective Dec. 31, 1975. ------DocID 54178 Document 165 of 303------ -CITE- 47 USC Sec. 333 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part I -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 Sept. 28, 1990, Pub. L. 101-396, Sec. 9, 104 Stat. 850.) ------DocID 54179 Document 166 of 303------ -CITE- 47 USC Part II -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Part II - Radio Equipment and Radio Operators On Board Ship -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 153, 154, 158, 382, 503, 504 of this title. ------DocID 54180 Document 167 of 303------ -CITE- 47 USC Sec. 351 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 351. Ship radio stations and operations -STATUTE- (a) Except as provided in section 352 hereof it shall be unlawful - (1) For any ship of the United States, other than a cargo ship of less than three hundred gross tons, to be navigated in the open sea outside of a harbor or port, or for any ship of the United States or any foreign country, other than a cargo ship of less than three hundred gross tons, to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such ship is equipped with an efficient radio station in operating condition, as specified by subparagraphs (A) and (B) of this paragraph, in charge of and operated by one or more radio officers or operators, adequately installed and protected so as to insure proper operation, and so as not to endanger the ship and radio station as hereinafter provided, and, in the case of a ship of the United States, unless there is on board a valid station license issued in accordance with this chapter. (A) Passenger ships irrespective of size and cargo ships of one thousand six hundred gross tons and upward shall be equipped with a radio-telegraph station complying with the provisions of this part; (B) Cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons, unless equipped with a radio-telegraph station complying with the provisions of this part, shall be equipped with a radiotelephone station complying with the provisions of this part. (2) For any ship of the United States of one thousand six hundred gross tons and upward to be navigated in the open sea outside of a harbor or port, or for any such ship of the United States or any foreign country to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such ship is equipped with efficient radio direction finding apparatus approved by the Commission, properly adjusted in operating condition as hereinafter provided. (b) A ship which is not subject to the provisions of this part at the time of its departure on a voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause over which neither the master, the owner, nor the charterer (if any) has control. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 351, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 192, and amended Aug. 13, 1954, ch. 729, Sec. 1(a), 68 Stat. 704; Aug. 13, 1965, Pub. L. 89-121, Sec. 2, 79 Stat. 512.) -MISC1- AMENDMENTS 1965 - Subsec. (a). Pub. L. 89-121 substituted 'radio station' for 'radio installation', broadened coverage so as to extend to vessels over 300 tons rather than 500 tons, required passenger ships irrespective of size and cargo ships over 1600 tons to be equipped with a radio telegraph station and cargo ships over 300 tons, unless equipped with a radiotelegraph station, to be equipped with a radiotelephone station, and eliminated provisions which empowered the Commission to defer the application of the provisions of paragraphs (1) and (2) of this subsection for periods not beyond Jan. 1, 1955, and Nov. 19, 1954, respectively. 1954 - Subsec. (a)(1). Act Aug. 13, 1954, broadened coverage so as to extend to vessels over 500 tons rather than 1,600 tons. Subsec. (a)(2). Act Aug. 13, 1954, broadened coverage so as to extend to any United States flag vessel of 1,600 gross tons or over rather than any passenger vessel of 5,000 gross tons or over. EFFECTIVE DATE Section 16 of act May 20, 1937, provided that: 'This Act (enacting this part, amending sections 151, 153, 154, 303, 321, 322, 329, 402, 504, and 602 of this title, and repealing sections 484 to 487 of former Title 46, Shipping) shall take effect upon approval (May 20, 1937) provided that the Commission may defer the application of all or any part of sections 351 to 355 (sections 351 to 355 of this title), inclusive, for a period not to exceed six months after approval, in regard to any ship or classes of ships of the United States which are not subject to the provisions of the safety convention, if it is found impracticable to obtain the necessary equipment or make the required installations.' JOINT STUDIES OF NEED FOR SAFETY DEVICES ON CERTAIN CARGO SHIPS; REPORT Act Aug. 3, 1956, ch. 913, 70 Stat. 967, authorized the Federal Communications Commission, the United States Coast Guard, and the Federal Maritime Administration, acting jointly, to make a full and complete study and investigation with respect to the need for installing automatic radiotelegraph call selectors on cargo ships of the United States carrying less than two radio operators, and other such safety devices, and the feasibility thereof, and required a report to the Congress not later than Mar. 1, 1957. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 354 of this title; title 46 section 14305. ------DocID 54181 Document 168 of 303------ -CITE- 47 USC Sec. 352 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 352. Exemptions -STATUTE- (a) Vessels excepted The provisions of this part shall not apply to - (1) A ship of war; (2) A ship of the United States belonging to and operated by the Government, except a ship of the Maritime Administration of the Department of Transportation, the Inland and Coastwise Waterways Service, or the Panama Canal Company; (3) A foreign ship belonging to a country which is a party to any Safety Convention in force between the United States and that country which ship carries a valid certificate exempting said ship from the radio provisions of that Convention, or which ship conforms to the radio requirements of such Convention or Regulations and has on board a valid certificate to that effect, or which ship is not subject to the radio provisions of any such Convention; (4) Yachts of less than six hundred gross tons not subject to the radio provisions of the Safety Convention; (5) Vessels in tow; (6) A ship navigating solely on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States; (7) A ship navigating solely on the Great Lakes of North America and the River Saint Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island, and on the north side of Anticosti Island, the sixty-third meridian, or to a ship leaving or attempting to leave any harbor or port of the United States for a voyage solely on such waters and within such area; (8) A ship which is navigated during the course of a voyage both on the Great Lakes of North America and in the open sea, during the period while such ship is being navigated within the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Saint Lambert lock at Montreal in the Province of Quebec, Canada. (b) Radio station unreasonable or unnecessary Except for nuclear ships, the Commission may, if it considers that the route or the conditions of the voyage or other circumstances are such as to render a radio station unreasonable or unnecessary for the purposes of this part, exempt from the provisions of this part any ship or class of ships which falls within any of the following descriptions: (1) Passenger ships which in the course of their voyage do not go more than twenty nautical miles from the nearest land or, alternatively, do not go more than two hundred nautical miles between two consecutive ports; (2) Cargo ships which in the course of their voyage do not go more than one hundred and fifty nautical miles from the nearest land; (3) Passenger vessels of less than one hundred gross tons not subject to the radio provisions of the Safety Convention; (4) Sailing ships. (c) Unforeseeable equipment failures If, because of unforeseeable failure of equipment, a ship is unable to comply with the equipment requirements of this part without undue delay of the ship, the mileage limitations set forth in paragraphs (1) and (2) of subsection (b) of this section shall not apply: Provided, That exemption of the ship is found to be reasonable or necessary in accordance with subsection (b) of this section to permit the ship to proceed to a port where the equipment deficiency may be remedied. (d) Radio direction finding apparatus unreasonable or unnecessary Except for nuclear ships, and except for ships of five thousand gross tons and upward which are subject to the Safety Convention, the Commission may exempt from the requirements, for radio direction finding apparatus, of this part and of the Safety Convention, any ship which falls within the descriptions set forth in paragraphs (1), (2), (3), and (4) of subsection (b) of this section, if it considers that the route or conditions of the voyage or other circumstances are such as to render such apparatus unreasonable or unnecessary. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 352, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 192, and amended Sept. 26, 1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038; Aug. 13, 1954, ch. 729, Sec. 1(b), (c), 68 Stat. 705; Aug. 13, 1965, Pub. L. 89-121, Sec. 3, 79 Stat. 512; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(151), 95 Stat. 167.) -REFTEXT- REFERENCES IN TEXT Panama Canal Company, referred to in subsec. (a)(2), deemed to refer to Panama Canal Commission, see section 3602(b)(5) of Title 22, Foreign Relations and Intercourse. -MISC2- AMENDMENTS 1981 - Subsec. (a)(2). Pub. L. 97-31 substituted 'Maritime Administration of the Department of Transportation' for 'United States Maritime Commission'. For prior transfers of functions, see Transfer of Functions note set out below. 1965 - Pub. L. 89-121, Sec. 3(a), added pars. (6) to (8) and struck out former par. (6) which made the provisions of this part inapplicable to a vessel navigating solely on the Great Lakes, or on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States, or to a vessel leaving or attempting to leave any harbor or port of the United States for a voyage solely on the Great Lakes, or on any bays, sounds, rivers, or protected waters within the jurisdiction of the United States. Subsec. (b). Pub. L. 89-121, Sec. 3(b), excepted nuclear ships and substituted 'or, alternatively, do not go more than two hundred nautical miles' for 'or more than two hundred nautical miles'. Subsec. (d). Pub. L. 89-121, Sec. 3(c), added subsec. (d). 1954 - Subsec. (a)(3). Act Aug. 13, 1954, Sec. 1(b), substituted 'any Safety Convention in force between the United States and that country' for 'the Safety Convention and' and inserted at end 'or which ship is not subject to the radio provisions of any such Convention'. Subsec. (c). Act Aug. 13, 1954, Sec. 1(c), added subsec. (c). 1950 - Subsec. (a)(2). Act Sept. 26, 1950, substituted 'Panama Canal Company' for 'Panama Railroad Company'. EFFECTIVE DATE Section effective May 20, 1937, unless deferred by the Commission, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of United States Maritime Commission, see Reorg. Plan No. 21 of 1950 and Reorg. Plan No. 7 of 1961, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 351 this title; title 46 section 14305. ------DocID 54182 Document 169 of 303------ -CITE- 47 USC Sec. 353 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 353. Radio equipment and operators -STATUTE- (a) Two radio officers required Each cargo ship which in accordance with this part is equipped with a radiotelegraph station and which is not equipped with a radiotelegraph auto alarm, and each passenger ship required by this part to be equipped with a radiotelegraph station, shall, for safety purposes, carry at least two radio officers. (b) One radio officer required A cargo ship which in accordance with this part is equipped with a radiotelegraph station, which is equipped with a radiotelegraph auto alarm, shall, for safety purposes, carry at least one radio officer who shall have had at least six months' previous service in the aggregate as a radio officer in a station on board a ship or ships of the United States. (c) Required watches Each ship of the United States which in accordance with this part is equipped with a radiotelegraph station shall, while being navigated in the open sea outside of a harbor or port, keep a continuous watch by means of radio officers whenever the station is not being used for authorized traffic: Provided, That, in lieu thereof, on a cargo ship equipped with a radiotelegraph auto alarm in proper operating condition, a watch of at least eight hours per day, in the aggregate, shall be maintained by means of a radio officer. (d) Hours of watch The Commission shall, when it finds it necessary for safety purposes, have authority to prescribe the particular hours of watch on a ship of the United States which in accordance with this part is equipped with a radiotelegraph station. (e) Operational status of auto alarms in open sea On all ships of the United States equipped with a radiotelegraph auto alarm, said apparatus shall be in operation at all times while the ship is being navigated in the open sea outside of a harbor or port when the radio officer is not on watch. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 353, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 193, and amended July 8, 1941, ch. 278, 55 Stat. 579; June 22, 1943, ch. 137, 57 Stat. 161; July 25, 1947, ch. 327, Sec. 2(a), 61 Stat. 451; Aug. 13, 1954, ch. 729, Sec. 1(d), 68 Stat. 705; Aug. 13, 1965, Pub. L. 89-121, Sec. 4, 79 Stat. 513.) -MISC1- AMENDMENTS 1965 - Pub. L. 89-121, among other changes, substituted wherever appearing 'radiotelegraph station' for 'radiotelegraph installation', 'radiotelegraph auto alarm' for 'auto-alarm', and 'radio officer' and 'radio officers' for 'qualified operator' and 'qualified operators', required a continuous watch to be kept when the radiotelegraph station is not being used for authorized traffic, and inserted 'while being navigated in the open sea' in two places. 1954 - Act Aug. 13, 1954, amended section to make clear that it applies only to ships equipped with a radiotelegraph installation, not those fitted with a radiotelephone installation. 1943 - Subsec. (b). Act June 22, 1943, substituted 'the termination of such emergency or such earlier date as Congress by concurrent resolution may designate' for 'June 30, 1943'. 1941 - Subsec. (b). Act July 8, 1941, inserted exception respecting national emergency. PARTIAL REPEAL EFFECTIVE JULY 1, 1948 Acts July 8, 1941, and June 22, 1943, which amended subsec. (b) of this section by adding the clause authorizing suspension or modification of the service requirement during the emergency, were repealed, effective July 1, 1948, by act July 25, 1947, which provided that such acts should remain in full force and effect until such date. EFFECTIVE DATE Section effective May 20, 1937, unless deferred by the Commission, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. APPROVAL OF OPERATORS BY SECRETARY OF NAVY DURING WAR Act Dec. 17, 1941, ch. 588, 55 Stat. 808, as amended June 28, 1943, ch. 174, 57 Stat. 244; June 13, 1945, ch. 190, 59 Stat. 259; 1946 Reorg. Plan No. 3, Sec. 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, prohibiting employment of radio operators who were disapproved by the Secretary of the Navy during World War II, was repealed by act July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449. ------DocID 54183 Document 170 of 303------ -CITE- 47 USC Sec. 353a -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 353a. Operators and watches on radiotelephone equipped ships -STATUTE- (a) Each cargo ship which in accordance with this part is equipped with a radiotelephone station shall, for safety purposes, carry at least one operator who may be the master, an officer, or a member of the crew. (b) Each cargo ship of the United States which in accordance with this part is equipped with a radiotelephone station shall, while being navigated in the open sea outside of a harbor or port, maintain continuous watch whenever the station is not being used for authorized traffic. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 354, as added Aug. 13, 1954, ch. 729, Sec. 2(b), 68 Stat. 706, and amended Aug. 13, 1965, Pub. L. 89-121, Sec. 5, 79 Stat. 514.) -MISC1- AMENDMENTS 1965 - Pub. L. 89-121 substituted 'radiotelephone station' for 'radiotelephone installation' in two places, and 'one operator who may be the master, an officer, or a member of the crew' for 'one qualified operator who may be a member of the crew holding only a certificate for radio telephony', inserted 'in the open sea' before 'outside of a harbor', and required a continuous watch whenever the station is not being used for authorized traffic. ------DocID 54184 Document 171 of 303------ -CITE- 47 USC Sec. 354 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 354. Technical requirements of equipment on radiotelegraph equipped ships -STATUTE- The radiotelegraph station and the radio direction finding apparatus required by section 351 of this title shall comply with the following requirements: (a) The radiotelegraph station shall include a main installation and a reserve installation, electrically separate and electrically independent of each other: Provided, That, in installations on cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons, and in installations on cargo ships of one thousand six hundred gross tons and upward installed prior to November 19, 1952, if the main transmitter complies with all the requirements for the reserve transmitter, the latter may be omitted. (b) The radiotelegraph station shall be so located that no harmful interference from extraneous mechanical or other noise will be caused to the proper reception of radio signals, and shall be placed in the upper part of the ship in a position of the greatest possible safety and as high as practicable above the deepest load waterline. The location of the radiotelegraph operating room or rooms shall be approved by the Commandant of the Coast Guard. The radiotelegraph installation shall be installed in such a position that it will be protected against the harmful effects of water or extremes of temperature, and shall be readily accessible both for immediate use in case of distress and for repair. (c) The radiotelegraph operating room shall be of sufficient size and of adequate ventilation to enable the main and reserve radiotelegraph installations to be operated efficiently, and shall not be used for any purpose which will interfere with the operation of the radiotelegraph station. The sleeping accommodation of at least one radio officer shall be situated as near as practicable to the radiotelegraph operating room. In ships the keels of which are laid on or after May 26, 1965, this sleeping accommodation shall not be within the radiotelegraph operating room. (d) The main and reserve installations shall be capable of transmitting and receiving on the frequencies, and using the classes of emission, designated by the Commission pursuant to law for the purposes of distress and safety of navigation. (e) The main and reserve installations shall, when connected to the main antenna, have a minimum normal range of two hundred nautical miles and one hundred nautical miles, respectively; that is, they must be capable of transmitting and receiving clearly perceptible signals from ship to ship by day and under normal conditions and circumstances over the specified ranges. (f) Sufficient electrical energy shall be available at all times to operate the main installation over the normal range required by subsection (e) of this section as well as for the purpose of charging any batteries forming part of the radiotelegraph station. (g) The reserve installation shall include a source of electrical energy independent of the propelling power of the ship and of any other electrical system and shall be capable of being put into operation rapidly and of working for at least six continuous hours. The reserve source of energy and its switchboard shall be as high as practicable in the ship and readily accessible to the radio officer. (h) There shall be provided between the bridge of the ship and the radiotelegraph operating room, and between the bridge and the location of the radio direction finding apparatus, when such apparatus is not located on the bridge, an efficient two-way system for calling and voice communication which shall be independent of any other communication system in the ship. (i) The radio direction finding apparatus shall be efficient and capable of receiving signals with the minimum of receiver noise and of taking bearings from which the true bearing and direction may be determined. It shall be capable of receiving signals on the radiotelegraph frequencies assigned by the radio regulations annexed to the International Telecommunication Convention in force for the purposes of distress, direction finding, and maritime radio beacons, and, in installations made after May 26, 1965, such other frequencies as the Commission may for safety purposes designate. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 355 formerly Sec. 354, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 193, amended 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, and renumbered and amended Aug. 13, 1954, ch. 729, Sec. 2(a)(1), (c), 68 Stat. 706; Aug. 13, 1965, Pub. L. 89-121, Sec. 6, 79 Stat. 514.) -MISC1- AMENDMENTS 1965 - Pub. L. 89-121 substituted 'radiotelegraph station' for 'radio installation' in opening provisions. Subsec. (a). Pub. L. 89-121, among other changes, substituted 'radiotelegraph station' for 'radio installation', required the main installation and the reserve installation to be electrically separate and independent of each other, and included cargo ships between 300 and 500 tons within the ships that may omit the reserve transmitter if the main transmitter complies with all the requirements for the reserve transmitter. Subsec. (b). Pub. L. 89-121 required the radiotelegraph station to be so located that no harmful interference will be caused to the proper reception of radio signals, and to be installed in such a position that it will be protected against the harmful effects of water or extremes of temperature, and will be readily accessible both for immediate use in case of distress and for repair. Subsec. (c). Pub. L. 89-121 added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (d). Pub. L. 89-121 redesignated former subsec. (c) as (d), and substituted 'main and reserve installations shall be capable of transmitting and receiving on the frequencies, and using the classes of emission, designated' for 'main and emergency or reserve installations shall be capable of transmitting and receiving on the frequencies and types of waves designated'. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 89-121 redesignated former subsec. (d) as (e), and inserted provisions requiring the reserve installation to have a minimum normal range of 100 nautical miles. Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 89-121 redesignated former subsec. (e) as (f), and substituted 'electrical energy' for 'power' and 'operate the main installation over the normal range required by subsection (e) of this section as well as for the purpose of charging any batteries forming part of the radiotelegraph station' for 'operate the main radio installation efficiently under normal conditions over the range specified in subsection (d) of this section'. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 89-121 redesignated former subsec. (f) as (g), directed that the reserve source of energy and its switchboard shall be as high as practicable in the ship and readily accessible to the radio officer, and eliminated provisions which stated that for the emergency or reserve installation the normal range shall be at least 100 nautical miles. Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 89-121 redesignated former subsec. (g) as (h), and substituted provisions requiring the method of communication between the bridge and the radiotelegraph room and the location of the radio direction finding apparatus to be an efficient two-way system for calling and voice communication for provisions which required an efficient means of communication. Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 89-121 redesignated former subsec. (h) as (i), and substituted provisions requiring the apparatus to be capable of receiving signals with the minimum of receiver noise for provisions which required the apparatus to be capable of receiving clearly perceptible signals. 1954 - Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section by changing section number from '354' to '355' of act June 19, 1934. Subsec. (a). Act Aug. 13, 1954, Sec. 2(c), provided for a 'reserve radiotelegraph installation' instead of merely a 'reserve installation'. EFFECTIVE DATE Section effective May 20, 1937, unless deferred by the Commission, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. -TRANS- TRANSFER OF FUNCTIONS Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of all other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14. 'Commandant of the Coast Guard' substituted in subsec. (b) for 'Bureau of Marine Inspection and Navigation, Department of Commerce' on authority of Reorg. Plan No. 3 of 1946, Sec. 101-104, set out in the Appendix to Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 354a of this title; title 46 section 14305. ------DocID 54185 Document 172 of 303------ -CITE- 47 USC Sec. 354a -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 354a. Technical requirements of equipment on radiotelephone equipped ships -STATUTE- Cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons may, in lieu of the radiotelegraph station prescribed by section 354 of this title, be equipped with a radiotelephone station complying with the following requirements: (a) The radiotelephone station shall be in the upper part of the ship, so located that it is sheltered to the greatest possible extent from noise which might impair the correct reception of messages and signals, and, unless such station is situated on the bridge, there shall be efficient communication with the bridge. (b) The radiotelephone installation shall be capable of transmitting and receiving on the frequencies, and using the classes of emission, designated by the Commission pursuant to law for the purposes of distress and safety of navigation. (c) The radiotelephone installation shall have a minimum normal range of one hundred and fifty nautical miles; that is, it shall be capable of transmitting and receiving clearly perceptible signals from ship to ship by day and under normal conditions and circumstances over this range. (d) There shall be available at all times a main source of electrical energy sufficient to operate the installation over the normal range required by subsection (c) of this section. If batteries are provided they shall have sufficient capacity to operate the transmitter and receiver for at least six continuous hours under normal working conditions. In installations made on or after November 19, 1952, a reserve source of electrical energy shall be provided in the upper part of the ship unless the main source of energy is so situated. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 356, as added Aug. 13, 1954, ch. 729, Sec. 2(d), 68 Stat. 706, and amended Aug. 13, 1965, Pub. L. 89-121, Sec. 7, 79 Stat. 515.) -MISC1- AMENDMENTS 1965 - Pub. L. 89-121 limited the opening provisions to cargo ships of 300 gross tons and upwards. Subsec. (a). Pub. L. 89-121 required the radiotelephone station to be so located that it is sheltered to the greatest possible extent from noise which might impair the correct reception of messages and signals. Subsec. (b). Pub. L. 89-121 substituted 'on the frequencies, and using the classes of emission, designated' for 'on the frequencies and with types of emissions designated'. Subsec. (c). Pub. L. 89-121 substituted 'radiotelephone installation' for 'transmitter' and inserted provisions requiring the installation to be capable of receiving clearly perceptible signals over the minimum normal range. Subsec. (d). Pub. L. 89-121 substituted 'a main source of electrical energy' for 'a source of energy', 'at least six continuous hours' for 'at least six hours continuously', and 'installations made on or after November 19, 1952, a reserve source of electrical energy' for 'in installations an emergency source of energy'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 section 14305. ------DocID 54186 Document 173 of 303------ -CITE- 47 USC Sec. 355 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 355. Survival craft -STATUTE- Every ship required to be provided with survival craft radio by treaty to which the United States is a party, by statute, or by regulation made in conformity with a treaty, convention, or statute, shall be fitted with efficient radio equipment appropriate to such requirement under such rules and regulations as the Commission may find necessary for safety of life. For purposes of this section, 'radio equipment' shall include portable as well as nonportable apparatus. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 357, formerly Sec. 355, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 194, and renumbered and amended Aug. 13, 1954, ch. 729, Sec. 2(a)(1), (e), 68 Stat. 706, 707; Aug. 13, 1965, Pub. L. 89-121, Sec. 8, 79 Stat. 516.) -MISC1- AMENDMENTS 1965 - Pub. L. 89-121 substituted 'survival craft' for 'lifeboat'. 1954 - Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section by changing section number from '355' to '357' of act June 19, 1934. Act Aug. 13, 1954, Sec. 2(e), provided that lifeboats be equipped with 'radio equipment' rather than a 'radio installation' and defined 'radio equipment' as including portable as well as nonportable apparatus. EFFECTIVE DATE Section effective May 20, 1937, unless deferred by the Commission, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. ------DocID 54187 Document 174 of 303------ -CITE- 47 USC Sec. 356 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 356. Approval of installations by Commission -STATUTE- (a) (FOOTNOTE 1) Insofar as is necessary to carry out the purposes and requirements of this part, the Commission shall have authority, for any ship subject to this part - (FOOTNOTE 1) So in original. Section enacted without a subsec. (b). (1) To approve the details as to the location and manner of installations of the equipment required by this part or of equipment necessitated by reason of the purposes and requirements of this part. (2) To approve installations, apparatus, and spare parts necessary to comply with the purposes and requirements of this part. (3) To prescribe such additional equipment as may be determined to be necessary to supplement that specified in this part, for the proper functioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 358, formerly Sec. 356, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 194, and renumbered Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706.) -REFTEXT- REFERENCES IN TEXT This part, referred to in text, commences with section 351 of this title. -MISC2- EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. ------DocID 54188 Document 175 of 303------ -CITE- 47 USC Sec. 357 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 357. Safety information -STATUTE- (a) Transmission of information concerning safety at sea The master of every ship of the United States, equipped with radio transmitting apparatus, which meets with dangerous ice, a dangerous derelict, a tropical storm, or any other direct danger to navigation, or encounters subfreezing air temperatures associated with gale force winds causing severe ice accretion on superstructures, or winds of force 10 or above on the Beaufort scale for which no storm warning has been received, shall cause to be transmitted all pertinent information relating thereto to ships in the vicinity and to the appropriate authorities on land, in accordance with rules and regulations issued by the Commission. When they consider it necessary, such authorities of the United States shall promptly bring the information received by them to the knowledge of those concerned, including interested foreign authorities. (b) Charges for transmission of safety information No charge shall be made by any ship or station in the mobile service of the United States for the transmission, receipt, or relay of the information designated in subsection (a) of this section originating on a ship of the United States or of a foreign country. (c) Reimbursement by Commission The transmission by any ship of the United States, made in compliance with subsection (a) of this section, to any station which imposes a charge for the reception, relay, or forwarding of the required information, shall be free of cost to the ship concerned and any communication charges incurred by the ship for transmission, relay, or forwarding of the information may be certified to the Commission for reimbursement out of moneys appropriated to the Commission for that purpose. (d) Charges for transmission of distress messages No charge shall be made by any ship or station in the mobile service of the United States for the transmission of distress messages and replies thereto in connection with situations involving the safety of life and property at sea. (e) Free services Notwithstanding any other provision of law, any station or carrier may render free service in connection with situations involving the safety of life and property, including hydrographic reports, weather reports, reports regarding aids to navigation and medical assistance to injured or sick persons on ships and aircraft at sea. All free service permitted by this subsection shall be subject to such rules and regulations as the Commission may prescribe, which rules may limit such free service to the extent which the Commission finds desirable in the public interest. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 359, formerly Sec. 357, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195, renumbered Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706, and amended Aug. 13, 1965, Pub. L. 89-121, Sec. 9, 79 Stat. 516.) -MISC1- AMENDMENTS 1965 - Subsec. (a). Pub. L. 89-121 directed the master of every ship of the United States equipped with radio transmitting apparatus which encounters subfreezing air temperatures associated with gale force winds causing severe ice accretion on superstructures, or winds of force 10 or above on the Beaufort scale for which no storm warning has been received to transmit the pertinent information relating thereto. EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. ------DocID 54189 Document 176 of 303------ -CITE- 47 USC Sec. 358 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 358. Master's control over operations -STATUTE- The radio installation, the operators, the regulation of their watches, the transmission and receipt of messages, and the radio service of the ship except as they may be regulated by law or international agreement, or by rules and regulations made in pursuance thereof, shall in the case of a ship of the United States be under the supreme control of the master. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 360, formerly Sec. 358, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195, and renumbered Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706.) -MISC1- EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. ------DocID 54190 Document 177 of 303------ -CITE- 47 USC Sec. 359 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 359. Certificates of compliance; issuance, modification, and cancellation -STATUTE- (a) Each vessel of the United States to which the Safety Convention applies shall comply with the radio and communication provisions of said Convention at all times while the vessel is in use, in addition to all other requirements of law, and shall have on board an appropriate certificate as prescribed by the Safety Convention. (b) Appropriate certificates concerning the radio particulars provided for in said Convention shall be issued upon proper request to any vessel which is subject to the radio provisions of the Safety Convention and is found by the Commission to comply therewith. Cargo ship safety radio telegraphy certificates, cargo ship safety radiotelephony certificates, and exemption certificates with respect to radio particulars shall be issued by the Commission. Other certificates concerning the radio particulars provided for in the said Convention shall be issued by the Commandant of the Coast Guard or whatever other agency is authorized by law to do so upon request of the Commission made after proper inspection or determination of the facts. If the holder of a certificate violates the radio provisions of the Safety Convention or the provisions of this chapter, or the rules, regulations, or conditions prescribed by the Commission, and if the effective administration of the Safety Convention or of this part so requires, the Commission, after hearing in accordance with law, is authorized to modify or cancel a certificate which it has issued, or to request the modification or cancellation of a certificate which has been issued by another agency upon the Commission's request. Upon receipt of such request for modification or cancellation, the Commandant of the Coast Guard, or whatever agency is authorized by law to do so, shall modify or cancel the certificate in accordance therewith. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 361, formerly Sec. 359, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195, and renumbered and amended Aug. 13, 1954, ch. 729, Sec. 2(a)(1), (f), 68 Stat. 706, 707; Aug. 13, 1965, Pub. L. 89-121, Sec. 10, 79 Stat. 516.) -REFTEXT- REFERENCES IN TEXT This part, referred to in subsec. (b), commences with section 351 of this title. -MISC2- AMENDMENTS 1965 - Subsec. (b). Pub. L. 89-121 substituted 'Cargo ship safety radio telegraphy certificates, cargo ship safety radiotelephony certificates, and exemption certificates with respect to radio particulars shall be issued' for 'Safety Radiotelegraphy Certificates and Safety Radiotelephony Certificates, as prescribed by the said Convention, and Exemption Certificates issued in lieu of such certificates, shall be issued.' 1954 - Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section by changing section number from '359' to '361' of act June 19, 1934. Subsec. (b). Act Aug. 13, 1954, Sec. 2(f), amended subsection generally to provide, among other changes, that certificates of compliance be issued 'upon request to any vessel' and to provide that safety radiotelegraph certificates and safety radiotelephony certificates and certain exemption certificates be issued by the Federal Communications Commission. EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. -TRANS- TRANSFER OF FUNCTIONS Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of all other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. ------DocID 54191 Document 178 of 303------ -CITE- 47 USC Sec. 360 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 360. Station licenses; inspection of equipment by Commission -STATUTE- (a) In addition to any other provisions required to be included in a radio station license, the station license of each ship of the United States subject to this subchapter shall include particulars with reference to the items specifically required by this subchapter. (b) Every ship of the United States, subject to this part, shall have the equipment and apparatus prescribed therein, inspected at least once each year by the Commission. If, after such inspection, the Commission is satisfied that all relevant provisions of this chapter and the station license have been complied with, that fact shall be certified to on the station license by the Commission. The Commission shall make such additional inspections at frequent intervals as may be necessary to insure compliance with the requirements of this chapter. The Commission may, upon a finding that the public interest would be served thereby, waive the annual inspection required under this section from the time of first arrival at a United States port from a foreign port, for the sole purpose of enabling the vessel to proceed coastwise to another port in the United States where an inspection can be held: Provided, That such waiver may not exceed a period of thirty days. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 362, formerly Sec. 360, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 196, renumbered Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706, and amended Oct. 15, 1962, Pub. L. 87-811, 76 Stat. 922.) -REFTEXT- REFERENCES IN TEXT This part, referred to in subsec. (b), commences with section 351 of this title. -MISC2- AMENDMENTS 1962 - Subsec. (b). Pub. L. 87-811 empowered the Commission to waive the annual inspection from the time of first arrival at a United States port from a foreign port, for the sole purpose of enabling the vessel to proceed coastwise to another port in the United States where an inspection can be held, and limiting such waiver to not more than a period of 30 days. EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. ------DocID 54192 Document 179 of 303------ -CITE- 47 USC Sec. 361 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 361. Control by Commission; review of decisions -STATUTE- Nothing in this subchapter shall be interpreted as lessening in any degree the control of the Commission over all matters connected with the radio equipment and its operation on shipboard and its decision and determination in regard to the radio requirements, installations, or exemptions from prescribed radio requirements shall be final, subject only to review in accordance with law. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 363, formerly Sec. 361, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 196, and renumbered Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706.) -MISC1- EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. ------DocID 54193 Document 180 of 303------ -CITE- 47 USC Sec. 362 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part II -HEAD- Sec. 362. Forfeitures; recovery -STATUTE- The following forfeitures shall apply to this part, in addition to the penalties and forfeitures provided by subchapter V of this chapter: (a) Any ship that leaves or attempts to leave any harbor or port of the United States in violation of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, or any ship of the United States that is navigated outside of any harbor or port in violation of any of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, shall forfeit to the United States the sum of $5,000, recoverable by way of suit or libel. Each such departure or attempted departure, and in the case of a ship of the United States each day during which such navigation occurs shall constitute a separate offense. (b) Every willful failure on the part of the master of a ship of the United States to enforce or to comply with the provisions of this chapter or the rules and regulations of the Commission as to equipment, operators, watches, or radio service shall cause him to forfeit to the United States the sum of $1,000. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 364, formerly Sec. 362, as added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 196; renumbered Sec. 364, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706; amended Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3002(g), 103 Stat. 2131.) -REFTEXT- REFERENCES IN TEXT This part, referred to in text, commences with section 351 of this title. -MISC2- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-239, Sec. 3002(g)(1), substituted '$5,000' for '$500'. Subsec. (b). Pub. L. 101-239, Sec. 3002(g)(2), substituted '$1,000' for '$100'. EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Mode of recovery of forfeitures generally, see section 2461 of Title 28, Judiciary and Judicial Procedure. ------DocID 54194 Document 181 of 303------ -CITE- 47 USC Part III -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part III -HEAD- Part III - Radio Installations on Vessels Carrying Passengers for Hire -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 153, 158, 503, 504 of this title. ------DocID 54195 Document 182 of 303------ -CITE- 47 USC Sec. 381 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part III -HEAD- Sec. 381. Vessels transporting more than six passengers for hire required to be equipped with radiotelephone -STATUTE- Except as provided in section 382 of this title, it shall be unlawful for any vessel of the United States, transporting more than six passengers for hire, to be navigated in the open sea or any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, unless such vessel is equipped with an efficient radio-telephone installation in operating condition. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 381, as added Aug. 6, 1956, ch. 973, Sec. 1, 70 Stat. 1047.) -MISC1- EFFECTIVE DATE Section 4 of act Aug. 6, 1956, provided that: 'The amendments made herein (enacting this part and amending sections 153 and 504 of this title) shall take effect March 1, 1957.' ------DocID 54196 Document 183 of 303------ -CITE- 47 USC Sec. 382 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part III -HEAD- Sec. 382. Vessels excepted from radiotelephone requirement -STATUTE- The provisions of this part shall not apply to - (1) vessels which are equipped with a radio installation in accordance with the provisions of part II of this subchapter, or in accordance with the radio requirements of the Safety Convention; and (2) vessels of the United States belonging to and operated by the Government, except a vessel of the United States Maritime Administration, the Inland and Coastwise Waterways Service, or the Panama Canal Company, and (3) vessels navigating on the Great Lakes. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 382, as added Aug. 6, 1956, ch. 973, Sec. 1, 70 Stat. 1048.) -REFTEXT- REFERENCES IN TEXT Part II of this subchapter, referred to in par. (1), is classified to section 351 et seq. of this title. Panama Canal Company, referred to in par. (2), deemed to refer to Panama Canal Commission, see section 3602(b)(5) of Title 22, Foreign Relations and Intercourse. -CHANGE- CHANGE OF NAME Panama Canal Company substituted for Panama Railroad Company pursuant to act Sept. 26, 1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038, which redesignated the company. -MISC4- EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. ------DocID 54197 Document 184 of 303------ -CITE- 47 USC Sec. 383 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part III -HEAD- Sec. 383. Exemptions by Commission -STATUTE- The Commission shall exempt from the provisions of this part any vessel, or class of vessels, in the case of which the route or conditions of the voyage, or other conditions or circumstances, are such as to render a radio installation unreasonable, unnecessary, or ineffective, for the purposes of this chapter. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 383, as added Aug. 6, 1956, ch. 973, Sec. 1, 70 Stat. 1048.) -MISC1- EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. ------DocID 54198 Document 185 of 303------ -CITE- 47 USC Sec. 384 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part III -HEAD- Sec. 384. Authority of Commission; operations, installations, and additional equipment -STATUTE- The Commission shall have authority with respect to any vessel subject to this part - (1) to specify operating and technical conditions and characteristics including frequencies, emissions, power, communication capability and range, of installations required by reason of this part; (2) to approve the details as to the location and manner of installation of the equipment required by this part; or of equipment necessitated by reason of the purposes and requirements of this part; (3) to approve installations, apparatus and spare parts necessary to comply with the purposes and requirements of this part; (4) to prescribe such additional equipment as may be determined to be necessary to supplement that specified herein for the proper functioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 384, as added Aug. 6, 1956, ch. 973, Sec. 1, 70 Stat. 1048.) -MISC1- EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. ------DocID 54199 Document 186 of 303------ -CITE- 47 USC Sec. 385 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part III -HEAD- Sec. 385. Inspections -STATUTE- The Commission shall make such inspections as may be necessary to insure compliance with the requirements of this part. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 385, as added Aug. 6, 1956, ch. 973, Sec. 1, 70 Stat. 1048.) -MISC1- EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. ------DocID 54200 Document 187 of 303------ -CITE- 47 USC Sec. 386 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part III -HEAD- Sec. 386. Forfeitures -STATUTE- The following forfeitures shall apply to this part in addition to penalties and forfeitures provided by subchapter V of this chapter: (a) Any vessel of the United States that is navigated in violation of the provisions of this part or of the rules and regulations of the Commission made in pursuance thereof shall forfeit to the United States the sum of $5,000 recoverable by way of suit or libel. Each day during which such navigation occurs shall constitute a separate offense. (b) Every willful failure on the part of the master of a vessel of the United States to enforce or to comply with the provisions of this part or the rules and regulations of the Commission made in pursuance thereof shall cause him to forfeit to the United States the sum of $1,000. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 386, as added Aug. 6, 1956, ch. 973, Sec. 1, 70 Stat. 1048, and amended Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3002(h), 103 Stat. 2131.) -MISC1- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-239, Sec. 3002(h)(1), substituted '$5,000' for '$500'. Subsec. (b). Pub. L. 101-239, Sec. 3002(h)(2), substituted '$1,000' for '$100'. EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 54201 Document 188 of 303------ -CITE- 47 USC Part IV -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV -HEAD- Part IV - Assistance for Planning and Construction of Public Telecommunications Facilities; Telecommunications Demonstrations; Corporation for Publ -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in title 40 App. section 214. ------DocID 54202 Document 189 of 303------ -CITE- 47 USC subpart a -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart a -HEAD- subpart a - assistance for planning and construction of public telecommunications facilities ------DocID 54203 Document 190 of 303------ -CITE- 47 USC Sec. 390 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart a -HEAD- Sec. 390. Declaration of purpose -STATUTE- The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications facilities in order to achieve the following objectives: (1) extend delivery of public telecommunications services to as many citizens of the United States as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) increase public telecommunications services and facilities available to, operated by, and owned by minorities and women; and (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 390, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 64, and amended Nov. 7, 1967, Pub. L. 90-129, title I, Sec. 103(a), title II, Sec. 201(2), 81 Stat. 365, 367; June 5, 1976, Pub. L. 94-309, Sec. 2(c), 90 Stat. 683; Nov. 2, 1978, Pub. L. 95-567, title I, Sec. 101, 92 Stat. 2405.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-567 expanded scope of section to authorize construction financing for telecommunications facilities other than television and radio broadcasting, and assistance in the planning, as well as the construction, of such facilities, and substituted provisions relating to the objectives of this subpart for former provision relating to the demonstration of the use of telecommunication technologies for the distribution of information. 1976 - Pub. L. 94-309 designated existing phrase relating to assistance in the construction of noncommercial educational broadcasting facilities as cl. (1) and added cl. (2). 1967 - Pub. L. 90-129 inserted 'noncommercial' and 'or radio' and substituted 'subpart' for 'part', respectively. EFFECTIVE DATE OF 1978 AMENDMENT Section 403 of Pub. L. 95-567 provided that: 'The provisions of this Act (enacting section 395 of this title, amending this section and sections 391, 392, 393, 394, and 396 to 398 of this title, repealing sections 392a and 395 of this title, and enacting provisions set out as notes under this section, sections 392 and 396 of this title, and section 5316 of Title 5, Government Organization and Employees), and the amendments made by this Act, shall take effect on the date of the enactment of this Act (Nov. 2, 1978).' GRANTS Pub. L. 100-584, Sec. 3, Nov. 3, 1988, 102 Stat. 2970, provided that: 'The Administrator (of the National Telecommunications and Information Administration) shall enter into discussions with the Federal Communications Commission for the purposes of determining the feasibility of awarding public telecommunications facilities program grants for low-power television stations and television translator stations on a conditional basis pending the award by the Commission of licenses for such stations. The Administrator shall also work with the Commission to establish a schedule for the expedited and coordinated consideration, on a regular basis, of future grant requests and license applications for low-power television stations and television translator stations. The Administrator shall, within ninety days after the date of enactment of this Act (Nov. 3, 1988), report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the progress made in carrying out the requirements of this section.' STUDY OF EDUCATIONAL AND INSTRUCTIONAL BROADCASTING Pub. L. 90-129, title III, Sec. 301-303, Nov. 7, 1967, 81 Stat. 373, authorized the Secretary of Health, Education, and Welfare to conduct, directly or by contract, and in consultation with other interested Federal agencies, a comprehensive study of instructional television and radio (including broadcast, closed circuit, community antenna television, and instructional television fixed services and two-way communication of data links and computers) and their relationship to each other and to instructional materials such as videotapes, films, discs, computers, and other educational materials or devices, and such other aspects thereof as may be of assistance in determining whether and what Federal aid should be provided for instructional radio and television and the form that aid should take, and which may aid communities, institutions, or agencies in determining whether and to what extent such activities should be used. The study was required to be submitted to the President for transmittal to the Congress on or before June 30, 1969. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 393a of this title. ------DocID 54204 Document 191 of 303------ -CITE- 47 USC Sec. 391 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart a -HEAD- Sec. 391. Authorization of appropriations -STATUTE- There are authorized to be appropriated $40,000,000 for each of the fiscal years 1979, 1980, and 1981, $20,000,000 for fiscal year 1982, $15,000,000 for fiscal year 1983, $12,000,000 for fiscal year 1984,, (FOOTNOTE 1) $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year 1987, $32,000,000 for fiscal year 1988, $36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990, and $42,000,000 for fiscal year 1991, to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities as provided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the Secretary pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the Secretary to cover the cost of administering the provisions of this subpart. (FOOTNOTE 1) So in original. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 391, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 65, and amended Nov. 7, 1967, Pub. L. 90-129, title I, Sec. 101, 81 Stat. 365; Oct. 27, 1969, Pub. L. 91-97, Sec. 2, 83 Stat. 146; Aug. 29, 1972, Pub. L. 92-411, Sec. 2, 86 Stat. 643; Aug. 6, 1973, Pub. L. 93-84, Sec. 1(c), 87 Stat. 219; June 5, 1976, Pub. L. 94-309, Sec. 3, 90 Stat. 683; Nov. 2, 1978, Pub. L. 95-567, title I, Sec. 102, 92 Stat. 2405; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1222, 95 Stat. 725; Apr. 7, 1986, Pub. L. 99-272, title V, Sec. 5001(a), 100 Stat. 117; Nov. 7, 1988, Pub. L. 100-626, Sec. 2, 102 Stat. 3207.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-626 struck out 'and' after 'fiscal year 1987,' and inserted '$36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990, and $42,000,000 for fiscal year 1991,' after 'fiscal year 1988,'. 1986 - Pub. L. 99-272 struck out 'and' after '1983,' and inserted ', $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year 1987, and $32,000,000 for fiscal year 1988,' after '1984,'. 1981 - Pub. L. 97-35 inserted provisions authorizing appropriations for fiscal years 1982, 1983, and 1984 of $20,000,000, $15,000,000, and $12,000,000, respectively. 1978 - Pub. L. 95-567 substituted provisions authorizing appropriations of $40,000,000 for fiscal years 1979 to 1981 for provisions authorizing appropriations of $7,500,000 for July 1, 1976 through September 30, 1976 and $30,000,000 for fiscal year ending September 30, 1977, provision that such funds would remain available until expended for provision that such funds would remain available for one year after the last day of the fiscal year, and also made allowance for the funds to be used for the cost of administering this section. 1976 - Pub. L. 94-309 substituted provision authorizing appropriation of $7,500,000 for period July 1, 1976, through September 30, 1976, and $30,000,000 for fiscal year ending September 30, 1977, to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities as provided in this subpart and provision that sums appropriated under this section for any fiscal year or period shall remain available for payment of grants for projects for which applications approved under section 392 of this title have been submitted under such section within one year after the last day of such fiscal year or period for provision authorizing appropriation for fiscal year ending June 30, 1974 and for the succeeding fiscal year such sums not to exceed $25,000,000 for fiscal year ending June 30, 1974, and $30,000,000 for the succeeding fiscal year, as may be necessary to carry out the purposes of section 390 of this title and provision that sums appropriated under this section for any fiscal year shall remain available for payment of grants for projects for which applications approved under section 392 of this title have been submitted under such section prior to the end of the succeeding fiscal year, respectively. 1973 - Pub. L. 93-84 substituted authorization of appropriation of amounts not exceeding $25,000,000 and $30,000,000 for fiscal year ending June 30, 1974 and the succeeding fiscal year, respectively, for authorization of appropriation of amount not exceeding $25,000,000 for fiscal year ending June 30, 1973. 1972 - Pub. L. 92-411 substituted authorization of appropriation of $25,000,000 for fiscal year ending June 30, 1973, for authorization of $15,000,000 for such year, and struck out authorization of appropriations for fiscal years 1963 to 1972. 1969 - Pub. L. 91-97 authorized appropriations of $15,000,000 for fiscal year ending June 30, 1971, and for each of the two succeeding fiscal years, and extended date for submission of applications from 'prior to July 1, 1971' to 'prior to July 1, 1974'. 1967 - Pub. L. 90-129 authorized appropriations of $10,500,000, and $12,500,000, and $15,000,000 for fiscal years ending June 30, 1968, 1969, and 1970, and extended date for submission of applications from 'prior to July 1, 1968', to 'prior to July 1, 1971'. EFFECTIVE DATE OF 1988 AMENDMENT Section 12 of Pub. L. 100-626 provided that: 'This Act and the amendments made by this Act (amending this section and sections 396, 398, 399, and 605 of this title and enacting provisions set out as notes under sections 396 and 609 of this title) are effective on the date of enactment of this Act (Nov. 7, 1988), except that the amendments made by sections 6 and 7(d) (amending section 396 of this title) are effective on October 1, 1989.' EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 of Pub. L. 95-567, set out as a note under section 390 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 393 of this title. ------DocID 54205 Document 192 of 303------ -CITE- 47 USC Sec. 392 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart a -HEAD- Sec. 392. Grants for construction -STATUTE- (a) Applications for grants For each project for the construction of public telecommunications facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may require, including the total cost of such project, the amount of the grant requested for such project, and a 5-year plan outlining the applicant's projected facilities requirements and the projected costs of such facilities requirements. Each applicant shall also provide assurances satisfactory to the Secretary that - (1) the applicant is (A) a public broadcast station; (B) a noncommercial telecommunications entity; (C) a system of public telecommunications entities; (D) a nonprofit foundation, corporation, institution, or association organized primarily for educational or cultural purposes; or (E) a State or local government (or any agency thereof), or a political or special purpose subdivision of a State; (2) the operation of such public telecommunications facilities will be under the control of the applicant; (3) necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed; (4) such public telecommunications facilities will be used primarily for the provision of public telecommunications services, and that the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services will not interfere with the provision of such public telecommunications services as required in this part; (5) the applicant has participated in comprehensive planning for such public telecommunications facilities in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate technologies and coordination with State educational television and radio agencies, as appropriate; and (6) the applicant will make the most efficient use of the grant. (b) Amount of grant Upon approving any application under this section with respect to any project for the construction of public telecommunications facilities, the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amount shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of such project. (c) Information and assurances The Secretary may provide such funds as the Secretary deems necessary for the planning of any project for which construction funds may be obtained under this section. An applicant for a planning grant shall provide such information with respect to such project as the Secretary may require and shall provide assurances satisfactory to the Secretary that the applicant meets the eligible requirements of subsection (a) of this section to receive construction assistance. (d) Studies Any studies conducted by or for any grant recipient under this section shall be provided to the Secretary, if such studies are conducted through the use of funds received under this section. (e) Rules and regulations The Secretary shall establish such rules and regulations as may be necessary to carry out this subpart, including rules and regulations relating to the order of priority in approving applications for construction projects and relating to determining the amount of each grant for such projects. (f) Minorities and women In establishing criteria for grants pursuant to section 393 of this title and in establishing procedures relating to the order of priority established in subsection (e) of this section in approving applications for grants, the Secretary shall give special consideration to applications which would increase minority and women's ownership of, operation of, and participation in public telecommunications entities. The Secretary shall take affirmative steps to inform minorities and women of the availability of funds under this subpart, and the localities where new public telecommunications facilities are needed, and to provide such other assistance and information as may be appropriate. (g) Recovering funds If, within 10 years after completion of any project for construction of public telecommunications facilities with respect to which a grant has been made under this section - (1) the applicant or other owner of such facilities ceases to be an agency, institution, foundation, corporation, association, or other entity described in subsection (a)(1) of this section; or (2) such facilities cease to be used primarily for the provision of public telecommunications services (or the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services interferes with the provision of such public telecommunications services as required in this part); the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the value of such facilities at the time the applicant ceases to be such an entity or at the time of such determination (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated), as the amount of the Federal participation bore to the cost of construction of such facilities. (h) Recordkeeping requirements Each recipient of assistance under this subpart shall keep such records as may be reasonably necessary to enable the Secretary to carry out the functions of the Secretary under this subpart, including a complete and itemized inventory of all public telecommunications facilities under the control of such recipient, and records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project in connection with which such assistance is given or used, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. (i) Accessibility of records The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any recipient of assistance under this subpart that are pertinent to assistance received under this subpart. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 392, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 65, and amended Nov. 7, 1967, Pub. L. 90-129, title I, Sec. 102, 103(b)-(e), 104, 81 Stat. 365-367; June 5, 1976, Pub. L. 94-309, Sec. 4, 90 Stat. 683; Nov. 2, 1978, Pub. L. 95-567, title I, Sec. 103(a), 92 Stat. 2405; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1223, 95 Stat. 725.) -MISC1- AMENDMENTS 1981 - Subsec. (a)(4). Pub. L. 97-35, Sec. 1223(a), inserted provisions relating to noninterference of facilities with services required under this part, and substituted 'primarily' for 'only'. Subsec. (g)(2). Pub. L. 97-35, Sec. 1223(b), substituted 'primarily' for 'only', and provisions relating to interference of uses of facilities for provisions relating to good cause for release of applicant or owner from requirements. 1978 - Pub. L. 95-567 completely revised and restructured existing provisions, inserting provisions requiring applicant to submit a 5 year plan, allowing nonprofit educational or cultural groups to apply for grants, authorizing the Secretary to make grants up to 75 percent of the cost, establishing rules and regulations for approving grants and administering grants made before, on or after Nov. 2, 1978, and striking out provisions for an 8 1/2 percent limit on grants and criteria for awarding grants. 1976 - Subsec. (a)(1)(C). Pub. L. 94-309, Sec. 4(a), substituted 'a public or private nonprofit college or university or other educational or cultural institution which is affiliated with an eligible college or university' for 'a college or university deriving its support in whole or in part from tax revenues'. Subsec. (d). Pub. L. 94-309, Sec. 4(b), substituted separate provisions relating to grant criteria for television and for radio in place of single provision that Secretary shall base his determinations of whether to approve applications for grants and the amount of grants on criteria set forth in regulations and designed to achieve, with respect to noncommercial educational television channels, prompt and effective use of all such channels remaining available and, with respect to noncommercial educational television and radio broadcasting facilities, equitable geographical distribution of such facilities throughout the States and provision of such facilities which will serve the greatest number of persons in as many areas as possible and which are adaptable to the broadest educational uses. 1967 - Subsec. (a). Pub. L. 90-129, Sec. 103(b)(1), inserted 'noncommercial' and 'or radio' in introductory text. Subsec. (a)(1)(B). Pub. L. 90-129, Sec. 103(b)(2), required the State educational television agency applicant for a television facilities project to be a noncommercial agency and inserted requirement that applicant for a radio facilities project be a State educational radio agency. Subsec. (a)(1)(D). Pub. L. 90-129, Sec. 103(b)(3), designated existing provisions as cl. (i), made such cl. (i) applicable to television facilities projects and noncommercial television, and added cl. (ii) and provision for applicant meeting both television and radio broadcasting requirements. Subsec. (a)(1)(E). Pub. L. 90-129, Sec. 103(b)(4), added cl. (E). Subsec. (a)(2) to (4). Pub. L. 90-129, Sec. 103(b)(5), struck out 'television' before 'broadcasting facilities' wherever appearing. Subsec. (a)(5). Pub. L. 90-129, Sec. 103(b)(6), added par. (5). Subsec. (b). Pub. L. 90-129, Sec. 102, substituted limitation on grants for construction of noncommercial educational television and radio broadcasting facilities in any State to 8 1/2 per centum of fiscal year appropriation for former $1,000,000 limitation for construction of educational television broadcasting facilities in any State. Subsec. (c). Pub. L. 90-129, Sec. 103(c), designated existing provisions as par. (1), restricted such provisions to noncommercial educational television broadcasting facilities, and added par. (2). Subsec. (d). Pub. 90-129, Sec. 103(d), inserted in cls. (2) and (3) 'noncommercial' and 'or noncommercial educational radio broadcasting facilities, as the case may be,' before and after 'educational television broadcasting facilities', respectively. Subsec. (e). Pub. L. 90-129, Sec. 104, increased the maximum Federal share in the cost of constructing educational broadcasting facilities from 50 to 75 percent, eliminated the additional credit, formerly allowed the grantee, of 25 percent of the cost of facilities owned by the applicant on the date his application is filed, eliminated the prohibition against using not more than 15 percent of a grant for the acquisition and installation of interconnection facilities, microwave equipment, boosters, translators, and repeaters, and provided for payment of cost of the project from the sum available therefor. Subsec. (f). Pub. L. 90-129, Sec. 103(e), inserted 'or radio' in introductory text and, in par. (2), 'noncommercial' and 'or noncommercial educational radio purposes, as the case may be' before and after 'educational television purposes', respectively. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 of Pub. L. 95-567, set out as a note under section 390 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Section 102 of Pub. L. 90-129 provided that the amendment made by that section is effective with respect to grants made from appropriations for any fiscal year beginning after June 30, 1967. ADMINISTRATION OF GRANTS Section 103(b) of Pub. L. 95-567 provided that: '(1) The provisions of section 392(g) of the Communications Act of 1934 (subsec. (g) of this section), as added by subsection (a), shall apply to any grant made under section 392 of such Act (this section) before, on, or after the date of the enactment of this Act (Nov. 2, 1978). Any authority and responsibilities of the Secretary of Health, Education, and Welfare regarding the administration of such grants are hereby transferred to the Secretary of Commerce. '(2) Subject to the provisions of section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), the following are hereby transferred to the Secretary of Commerce for appropriate allocation - '(A) the personnel employed in connection with or in support of, or as an integral part of the mission of, the functions transferred to the Secretary of Commerce from the Secretary of Health, Education, and Welfare by paragraph (1); and '(B) the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, arising from, available for, or to be made available for, or in connection with, the functions described in subparagraph (A). Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds originally were authorized and appropriated. '(3) The Director of the Office of Management and Budget, in consultation with the Secretary of Commerce and the Secretary of Health, Education, and Welfare, shall - '(A) make such determinations as may be necessary with regard to the transfer of the functions transferred to the Secretary of Commerce from the Secretary of Health, Education, and Welfare by paragraph (1); and '(B) make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, arising from, available for, or to be made available for, or in connection with, the functions described in subparagraph (A); as the Director may deem necessary to accomplish the purposes of this Act (see Short Title of 1978 Amendment note set out under section 609 of this title) and the amendments made by this Act.' ------DocID 54206 Document 193 of 303------ -CITE- 47 USC Sec. 392a -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart a -HEAD- Sec. 392a. Repealed. Pub. L. 95-567, title II, Sec. 201, Nov. 2, 1978, 92 Stat. 2409 -MISC1- Section, act June 19, 1934, ch. 652, title III, Sec. 392A, as added June 5, 1976, Pub. L. 94-309, Sec. 8, 90 Stat. 685, related to demonstrations of telecommunications, grants and contracts. EFFECTIVE DATE OF REPEAL Repeal effective Nov. 2, 1978, see section 403 of Pub. L. 95-567, set out as an Effective Date of 1978 Amendment note under section 390 of this title. ------DocID 54207 Document 194 of 303------ -CITE- 47 USC Sec. 393 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart a -HEAD- Sec. 393. Criteria for approval and expenditures by Secretary -STATUTE- (a) Construction and planning grants The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with others, shall establish criteria for making construction and planning grants. Such criteria shall be consistent with the objectives and provisions set forth in this subpart, and shall be made available to interested parties upon request. (b) Basis for determination The Secretary shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to subsection (a) of this section and designed to achieve - (1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications services; (2) the expansion of the service areas of existing public telecommunications entities; (3) the development of public telecommunications facilities owned by, operated by, and available to minorities and women; and (4) the improvement of the capabilities of existing public broadcast stations to provide public telecommunications services. (c) Noncommercial radio broadcast station facilities Of the sums appropriated pursuant to section 391 of this title for any fiscal year, a substantial amount shall be available for the expansion and development of noncommercial radio broadcast station facilities. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 393, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 66, and amended Nov. 7, 1967, Pub. L. 90-129, title II, Sec. 201(2), 81 Stat. 367; Nov. 2, 1978, Pub. L. 95-567, title I, Sec. 104, 92 Stat. 2408; Apr. 7, 1986, Pub. L. 99-272, title V, Sec. 5001(b), 100 Stat. 117.) -MISC1- AMENDMENTS 1986 - Subsecs. (c), (d). Pub. L. 99-272 redesignated subsec. (d) as (c) and struck out former subsec. (c) relating to extension of services to new areas. 1978 - Pub. L. 95-567 amended section generally, striking out provisions dealing with keeping records and access to records by Secretary and Comptroller General and inserting provisions dealing with criteria for approval and expenditures by Secretary. See sections 392(h) and 395(h) of this title. 1967 - Pub. L. 90-129 substituted 'subpart' for 'part' wherever appearing. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 of Pub. L. 95-567, set out as a note under section 390 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 392 of this title. ------DocID 54208 Document 195 of 303------ -CITE- 47 USC Sec. 393a -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart a -HEAD- Sec. 393a. Long-range planning for facilities -STATUTE- (a) The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with other parties, shall develop a long-range plan to accomplish the objectives set forth in section 390 of this title. Such plan shall include a detailed 5-year projection of the broadcast and nonbroadcast public telecommunications facilities required to meet such objectives, and the expenditures necessary to provide such facilities. (b) The plan required in subsection (a) of this section shall be updated annually, and a summary of the activities of the Secretary in implementing the plan, shall be submitted concurrently to the President and the Congress not later than the 31st day of December of each year. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 393A, formerly Sec. 396, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67; renumbered Sec. 394 and amended Nov. 7, 1967, Pub. L. 90-129, title II, Sec. 201(2), (4), 81 Stat. 367; Nov. 2, 1978, Pub. L. 95-567, title I, Sec. 105, 92 Stat. 2409; renumbered Sec. 393A, Oct. 18, 1990, Pub. L. 101-437, title II, Sec. 203(a)(1), 104 Stat. 998.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-567 substituted provisions dealing with long-range planning for facilities for provisions authorizing the Secretary to establish rules and regulations necessary for this subpart. See section 392(e) of this title. 1967 - Pub. L. 90-129, Sec. 201(2), substituted 'subpart' for 'part'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 of Pub. L. 95-567, set out as a note under section 390 of this title. ------DocID 54209 Document 196 of 303------ -CITE- 47 USC subpart b -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart b -HEAD- subpart b - national endowment for children's educational television ------DocID 54210 Document 197 of 303------ -CITE- 47 USC Sec. 394 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart b -HEAD- Sec. 394. Establishment of National Endowment -STATUTE- (a) Purpose It is the purpose of this section to enhance the education of children through the creation and production of television programming specifically directed toward the development of fundamental intellectual skills. (b) Establishment; contracts and grants (1) There is established, under the direction of the Secretary, a National Endowment for Children's Educational Television. In administering the National Endowment, the Secretary is authorized to - (A) contract with the Corporation for the production of educational television programming for children; and (B) make grants directly to persons proposing to create and produce educational television programming for children. The Secretary shall consult with the Advisory Council on Children's Educational Television in the making of the grants or the awarding of contracts for the purpose of making the grants. (2) Contracts and grants under this section shall be made on the condition that the programming shall - (A) during the first two years after its production, be made available only to public television licensees and permittees and noncommercial television licensees and permittees; and (B) thereafter be made available to any commercial television licensee or permittee or cable television system operator, at a charge established by the Secretary that will assure the maximum practicable distribution of such programming, so long as such licensee, permittee, or operator does not interrupt the programming with commercial advertisements. The Secretary may, consistent with the purpose and provisions of this section, permit the programming to be distributed to persons using other media, establish conditions relating to such distribution, and apply those conditions to any contract or grant made under this section. The Secretary may waive the requirements of subparagraph (A) if the Secretary finds that neither public television licensees and permittees nor noncommercial television licensees and permittees will have an opportunity to air such programming in the first two years after its production. (c) Criteria for contracts and grants; applications for contracts and grants (1) The Secretary, with the advice of the Advisory Council on Children's Educational Television, shall establish criteria for making contracts and grants under this section. Such criteria shall be consistent with the purpose and provisions of this section and shall be made available to interested parties upon request. Such criteria shall include - (A) criteria to maximize the amount of programming that is produced with the funds made available by the Endowment; (B) criteria to minimize the costs of - (i) selection of grantees, (ii) administering the contracts and grants, and (iii) the administrative costs of the programming production; and (C) criteria to otherwise maximize the proportion of funds made available by the Endowment that are expended for the cost of programming production. (2) Applications for grants under this section shall be submitted to the Secretary in such form and containing such information as the Secretary shall require by regulation. (d) Amount of grants Upon approving any application for a grant under subsection (b)(1)(B) of this section, the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amounts shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of the project for which the grant is made. (e) Advisory Council on Children's Educational Television (1) The Secretary shall establish an Advisory Council on Children's Educational Television. The Secretary shall appoint ten individuals as members of the Council and designate one of such members to serve as Chairman. (2) Members of the Council shall have terms of two years, and no member shall serve for more than three consecutive terms. The members shall have expertise in the fields of education, psychology, child development, or television programming, or related disciplines. Officers and employees of the United States shall not be appointed as members. (3) While away from their homes or regular places of business in the performance of duties for the Council, the members of the Council shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5. (4) The Council shall meet at the call of the Chairman and shall advise the Secretary concerning the making of contracts and grants under this section. (f) Recordkeeping relating to grants; audits (1) Each recipient of a grant under this section shall keep such records as may be reasonably necessary to enable the Secretary to carry out the Secretary's functions under this section, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such grant, the total cost of the project, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. (2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purposes of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to a grant received under this section. (g) Issuance of rules and regulations The Secretary is authorized to make such rules and regulations as may be necessary to carry out this section, including those relating to the order of priority in approving applications for projects under this section or to determining the amounts of contracts and grants for such projects. (h) Authorization of appropriations; availability There are authorized to be appropriated $2,000,000 for fiscal year 1991 and $4,000,000 for fiscal year 1992 to be used by the Secretary to carry out the provisions of this section. Sums appropriated under this subsection for any fiscal year shall remain available for contracts and grants for projects for which applications approved under this section have been submitted wtihin (FOOTNOTE 1) one year after the last day of such fiscal year. (FOOTNOTE 1) So in original. Probably should be 'within'. (i) Definitions For purposes of this section - (1) the term 'educational television programming for children' means any television program which is directed to an audience of children who are 16 years of age or younger and which is designed for the intellectual development of those children, except that such term does not include any television program which is directed to a general audience but which might also be viewed by a significant number of children; and (2) the term 'person' means an individual, partnership, association, joint stock company, trust, corporation, or State or local governmental entity. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 394, as added Oct. 18, 1990, Pub. L. 101-437, title II, Sec. 203(a)(3), 104 Stat. 998.) -MISC1- PRIOR PROVISIONS A prior section 394, act June 19, 1934, Sec. 394, was renumbered section 393A by Pub. L. 101-437 and transferred to section 393a of this title. Another prior section 394, act June 19, 1934, Sec. 394, was renumbered section 397 by Pub. L. 90-129 and transferred to section 397 of this title. TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. CONGRESSIONAL FINDINGS Section 202 of Pub. L. 101-437 provided that: 'The Congress finds that - '(1) children in the United States are lagging behind those in other countries in fundamental intellectual skills, including reading, writing, mathematics, science, and geography; '(2) these fundamental skills are essential for the future governmental and industrial leadership of the United States; '(3) the United States must act now to greatly improve the education of its children; '(4) television is watched by children about three hours each day on average and can be effective in teaching children; '(5) educational television programming for children is aired too infrequently either because public broadcast licensees and permittees lack funds or because commercial broadcast licensees and permittees or cable television system operators do not have the economic incentive; and '(6) the Federal Government can assist in the creation of children's educational television by establishing a National Endowment for Children's Educational Television to supplement the children's educational programming funded by other governmental entities.' ------DocID 54211 Document 198 of 303------ -CITE- 47 USC subpart c -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart c -HEAD- subpart c - telecommunications demonstrations -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in title 20 section 3441. ------DocID 54212 Document 199 of 303------ -CITE- 47 USC Sec. 395 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart c -HEAD- Sec. 395. Assistance for demonstration projects -STATUTE- (a) Authorization for grants and contracts It is the purpose of this subpart to promote the development of nonbroadcast telecommunications facilities and services for the transmission, distribution, and delivery of health, education, and public or social service information. The Secretary is authorized, upon receipt of an application in such form and containing such information as he may by regulation require, to make grants to, and enter into contracts with, public and private nonprofit agencies, organizations, and institutions for the purpose of carrying out telecommunications demonstrations. (b) Application approval The Secretary may approve an application submitted under subsection (a) of this section if he determines that - (1) the project for which application is made will demonstrate innovative methods or techniques of utilizing nonbroadcast telecommunications equipment or facilities to satisfy the purpose of this subpart; (2) demonstrations and related activities assisted under this subpart will remain under the administration and control of the applicant; (3) the applicant has the managerial and technical capability to carry out the project for which the application is made; and (4) the facilities and equipment acquired or developed pursuant to the application will be used substantially for the transmission, distribution, and delivery of health, education, or public or social service information. (c) Contract with applicant Upon approving any application under this subpart with respect to any project, the Secretary shall make a grant to or enter into a contract with the applicant in an amount determined by the Secretary not to exceed the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sums available therefor, in advance or by way of reimbursement, and in such installments consistent with established practice, as he may determine. (d) Use of funds Funds made available pursuant to this subpart shall not be available for the construction, remodeling, or repair of structures to house the facilities or equipment acquired or developed with such funds, except that such funds may be used for minor remodeling which is necessary for and incidental to the installation of such facilities or equipment. (e) 'Nonbroadcast telecommunications facilities' defined For purposes of this section, the term 'nonbroadcast telecommunications facilities' includes, but is not limited to, cable television systems, communications satellite systems and related terminal equipment, and other modes of transmitting, emitting, or receiving images and sounds or intelligence by means of wire, radio, optical, electromagnetic, or other means. (f) Funding The funding of any demonstration pursuant to this subpart shall continue for not more than 3 years from the date of the original grant or contract. (g) Summary and evaluation The Secretary shall require that the recipient of a grant or contract under this subpart submit a summary and evaluation of the results of the demonstration at least annually for each year in which funds are received pursuant to this section. (h) Recordkeeping requirements; accessibility (1) Each recipient of assistance under this subpart shall keep such records as may be reasonably necessary to enable the Secretary to carry out the Secretary's functions under this subpart, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purposes of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this subpart. (i) Rules and regulations The Secretary is authorized to make such rules and regulations as may be necessary to carry out this subpart, including regulations relating to the order of priority in approving applications for projects under this subpart or to determining the amounts of grants for such projects. (j) Assistance The Commission is authorized to provide such assistance in carrying out the provisions of this subpart as may be requested by the Secretary. The Secretary shall provide for close coordination with the Commission in the administration of the Secretary's functions under this subpart which are of interest to or affect the functions of the Commission. The Secretary shall provide for close coordination with the Corporation in the administration of the Secretary's functions under this subpart which are of interest to or affect the functions of the Corporation. (k) Authorization of appropriations There are authorized to be appropriated $1,000,000 for each of the fiscal years 1979, 1980, and 1981, to be used by the Secretary to carry out the provisions of this subpart. Sums appropriated under this subsection for any fiscal year shall remain available for payment of grants or contracts for projects for which applications approved under this subpart have been submitted within one year after the last day of such fiscal year. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 395, as added Nov. 2, 1978, Pub. L. 95-567, title II, Sec. 201, 92 Stat. 2409.) -MISC1- PRIOR PROVISIONS A prior section 395, act June 19, 1934, ch. 652, title III, Sec. 395, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, and amended Nov. 7, 1967, Pub. L. 90-129, title II, Sec. 201(2), 81 Stat. 367; June 5, 1976, Pub. L. 94-309, Sec. 5, 90 Stat. 684, relating to assistance of the Secretary by the Commission, was repealed by Pub. L. 95-567, title II, Sec. 201, Nov. 2, 1978, 92 Stat. 2409. EFFECTIVE DATE Section effective Nov. 2, 1978, see section 403 of Pub. L. 95-567, set out as an Effective Date of 1978 Amendment note under section 390 of this title. ------DocID 54213 Document 200 of 303------ -CITE- 47 USC subpart d -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart d -HEAD- subpart d - corporation for public broadcasting -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 397, 398 of this title. ------DocID 54214 Document 201 of 303------ -CITE- 47 USC Sec. 396 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart d -HEAD- Sec. 396. Corporation for Public Broadcasting -STATUTE- (a) Congressional declaration of policy The Congress hereby finds and declares that - (1) it is in the public interest to encourage the growth and development of public radio and television broadcasting, including the use of such media for instructional, educational, and cultural purposes; (2) it is in the public interest to encourage the growth and development of nonbroadcast telecommunications technologies for the delivery of public telecommunications services; (3) expansion and development of public telecommunications and of diversity of its programming depend on freedom, imagination, and initiative on both local and national levels; (4) the encouragement and support of public telecommunications, while matters of importance for private and local development, are also of appropriate and important concern to the Federal Government; (5) it furthers the general welfare to encourage public telecommunications services which will be responsive to the interests of people both in particular localities and throughout the United States, which will constitute an expression of diversity and excellence, and which will constitute a source of alternative telecommunications services for all the citizens of the Nation; (6) it is in the public interest to encourage the development of programming that involves creative risks and that addresses the needs of unserved and underserved audiences, particularly children and minorities; (7) it is necessary and appropriate for the Federal Government to complement, assist, and support a national policy that will most effectively make public telecommunications services available to all citizens of the United States; and (8) a private corporation should be created to facilitate the development of public telecommunications and to afford maximum protection from extraneous interference and control. (b) Establishment of Corporation; application of District of Columbia Nonprofit Corporation Act There is authorized to be established a nonprofit corporation, to be known as the 'Corporation for Public Broadcasting', which will not be an agency or establishment of the United States Government. The Corporation shall be subject to the provisions of this section, and, to the extent consistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, Sec. 29-501 et seq.). (c) Board of Directors; functions, duties, etc. (1) The Corporation for Public Broadcasting shall have a Board of Directors (hereinafter in this section referred to as the 'Board'), consisting of 10 members appointed by the President, by and with the advice and consent of the Senate. No more than 6 members of the Board appointed by the President may be members of the same political party. (2) The 10 members of the Board appointed by the President (A) shall be selected from among citizens of the United States (not regular full-time employees of the United States) who are eminent in such fields as education, cultural and civic affairs, or the arts, including radio and television; and (B) shall be selected so as to provide as nearly as practicable a broad representation of various regions of the Nation, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Corporation. (3) Of the members of the Board appointed by the President under paragraph (1), one member shall be selected from among individuals who represent the licensees and permittees of public television stations, and one member shall be selected from among individuals who represent the licensees and permittees of public radio stations. (4) The members of the initial Board of Directors shall serve as incorporators and shall take whatever actions are necessary to establish the Corporation under the District of Columbia Nonprofit Corporation Act (D.C. Code, Sec. 29-501 et seq.). (5) The term of office of each member of the Board appointed by the President shall be 5 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. No member of the Board shall be eligible to serve in excess of 2 consecutive terms of 5 years each. (6) Any vacancy in the Board shall not affect its power, but shall be filled in the manner consistent with this chapter. (7) Members of the Board shall attend not less than 50 percent of all duly convened meetings of the Board in any calendar year. A member who fails to meet the requirement of the preceding sentence shall forfeit membership and the President shall appoint a new member to fill such vacancy not later than 30 days after such vacancy is determined by the Chairman of the Board. (d) Election of Chairman and Vice Chairman; compensation of Board members (1) Members of the Board shall annually elect one of their members to be Chairman and elect one or more of their members as a Vice Chairman or Vice Chairmen. (2) The members of the Board shall not, by reason of such membership, be deemed to be officers or employees of the United States. They shall, while attending meetings of the Board or while engaged in duties related to such meetings or other activities of the Board pursuant to this subpart, be entitled to receive compensation at the rate of $150 per day, including traveltime. No Board member shall receive compensation of more than $10,000 in any fiscal year. While away from their homes or regular places of business, Board members shall be allowed travel and actual, reasonable, and necessary expenses. (e) Officers and employees; term of office, compensation, qualifications, and removal; political party affiliation, political test or qualification when taking personnel actions (1) The Corporation shall have a President, and such other officers as may be named and appointed by the Board for terms and at rates of compensation fixed by the Board. No officer or employee of the Corporation may be compensated by the Corporation at an annual rate of pay which exceeds the rate of basic pay in effect from time to time for level I of the Executive Schedule under section 5312 of title 5. No individual other than a citizen of the United States may be an officer of the Corporation. No officer of the Corporation, other than the Chairman or a Vice Chairman, may receive any salary or other compensation from any source other than the Corporation for services rendered during the period of his employment by the Corporation. All officers shall serve at the pleasure of the Board. (2) Except as provided in the second sentence of subsection (c)(1) of this section, no political test or qualification shall be used in selecting, appointing, promoting, or taking other personnel actions with respect to officers, agents, and employees of the Corporation. (f) Nonprofit and nonpolitical nature of Corporation (1) The Corporation shall have no power to issue any shares of stock, or to declare or pay any dividends. (2) No part of the income or assets of the Corporation shall inure to the benefit of any director, officer, employee, or any other individual except as salary or reasonable compensation for services. (3) The Corporation may not contribute to or otherwise support any political party or candidate for elective public office. (g) Purposes and activities of Corporation; powers under District of Columbia Nonprofit Corporation Act (1) In order to achieve the objectives and to carry out the purposes of this subpart, as set out in subsection (a) of this section, the Corporation is authorized to - (A) facilitate the full development of public telecommunications in which programs of high quality, diversity, creativity, excellence, and innovation, which are obtained from diverse sources, will be made available to public telecommunications entities, with strict adherence to objectivity and balance in all programs or series of programs of a controversial nature; (B) assist in the establishment and development of one or more interconnection systems to be used for the distribution of public telecommunications services so that all public telecommunications entities may disseminate such services at times chosen by the entities; (C) assist in the establishment and development of one or more systems of public telecommunications entities throughout the United States; and (D) carry out its purposes and functions and engage in its activities in ways that will most effectively assure the maximum freedom of the public telecommunications entities and systems from interference with, or control of, program content or other activities. (2) In order to carry out the purposes set forth in subsection (a) of this section, the Corporation is authorized to - (A) obtain grants from and make contracts with individuals and with private, State, and Federal agencies, organizations, and institutions; (B) contract with or make grants to public telecommunications entities, national, regional, and other systems of public telecommunications entities, and independent producers and production entities, for the production or acquisition of public telecommunications services to be made available for use by public telecommunications entities, except that - (i) to the extent practicable, proposals for the provision of assistance by the Corporation in the production or acquisition of programs or series of programs shall be evaluated on the basis of comparative merit by panels of outside experts, representing diverse interests and perspectives, appointed by the Corporation; and (ii) nothing in this subparagraph shall be construed to prohibit the exercise by the Corporation of its prudent business judgement with respect to any grant to assist in the production or acquisition of any program or series of programs recommended by any such panel; (C) make payments to existing and new public telecommunications entities to aid in financing the production or acquisition of public telecommunications services by such entities, particularly innovative approaches to such services, and other costs of operation of such entities; (D) establish and maintain, or contribute to, a library and archives of noncommercial educational and cultural radio and television programs and related materials and develop public awareness of, and disseminate information about, public telecommunications services by various means, including the publication of a journal; (E) arrange, by grant to or contract with appropriate public or private agencies, organizations, or institutions, for interconnection facilities suitable for distribution and transmission of public telecommunications services to public telecommunications entities; (F) hire or accept the voluntary services of consultants, experts, advisory boards, and panels to aid the Corporation in carrying out the purposes of this subpart; (G) conduct (directly or through grants or contracts) research, demonstrations, or training in matters related to public television or radio broadcasting and the use of nonbroadcast communications technologies for the dissemination of noncommercial educational and cultural television or radio programs; (H) make grants or contracts for the use of nonbroadcast telecommunications technologies for the dissemination to the public of public telecommunications services; and (I) take such other actions as may be necessary to accomplish the purposes set forth in subsection (a) of this section. Nothing contained in this paragraph shall be construed to commit the Federal Government to provide any sums for the payment of any obligation of the Corporation which exceeds amounts provided in advance in appropriation Acts. (3) To carry out the foregoing purposes and engage in the foregoing activities, the Corporation shall have the usual powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (D.C. Code, Sec. 29-501 et seq.), except that the Corporation is prohibited from - (A) owning or operating any television or radio broadcast station, system, or network, community antenna television system, interconnection system or facility, program production facility, or any public telecommunications entity, system, or network; and (B) producing programs, scheduling programs for dissemination, or disseminating programs to the public. (4) All meetings of the Board of Directors of the Corporation, including any committee of the Board, shall be open to the public under such terms, conditions, and exceptions as are set forth in subsection (k)(4) of this section. (5) The Corporation, in consultation with interested parties, shall create a 5-year plan for the development of public telecommunications services. Such plan shall be updated annually by the Corporation. (h) Free or reduced rate interconnection service; access to facilities (1) Nothing in this chapter, or in any other provision of law, shall be construed to prevent United States communications common carriers from rendering free or reduced rate communications interconnection services for public television or radio services, subject to such rules and regulations as the Commission may prescribe. (2) Subject to such terms and conditions as may be established by public telecommunications entities receiving space satellite interconnection facilities or services purchased or arranged for, in whole or in part, with funds authorized under this part, other public telecommunications entities shall have reasonable access to such facilities or services for the distribution of educational and cultural programs to public telecommunications entities. Any remaining capacity shall be made available to other persons for the transmission of noncommercial educational and cultural programs and program information relating to such programs, to public telecommunications entities, at a charge or charges comparable to the charge or charges, if any, imposed upon a public telecommunications entity for the distribution of noncommercial educational and cultural programs to public telecommunications entities. No such person shall be denied such access whenever sufficient capacity is available. (i) Report to Congress (1) The Corporation shall submit an annual report for the preceding fiscal year ending September 30 to the President for transmittal to the Congress on or before the 15th day of May of each year. The report shall include - (A) a comprehensive and detailed report of the Corporation's operations, activities, financial condition, and accomplishments under this subpart and such recommendations as the Corporation deems appropriate; (B) a comprehensive and detailed inventory of funds distributed by Federal agencies to public telecommunications entities during the preceding fiscal year; and (C) the summary of the annual report provided to the Secretary pursuant to section 398(b)(4) of this title. (2) The officers and directors of the Corporation shall be available to testify before appropriate committees of the Congress with respect to such report, the report of any audit made by the Comptroller General pursuant to subsection (l) of this section, or any other matter which such committees may determine. (j) Repeal, alteration, or amendment The right to repeal, alter, or amend this section at any time is expressly reserved. (k) Financing restrictions (1)(A) There is hereby established in the Treasury a fund which shall be known as the Public Broadcasting Fund (hereinafter in this subsection referred to as the 'Fund'), to be administered by the Secretary of the Treasury. (B) There is authorized to be appropriated to the Fund for each of the fiscal years 1978, 1979, and 1980, an amount equal to 40 percent of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year second preceding each such fiscal year, except that the amount so appropriated shall not exceed $121,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $160,000,000 for fiscal year 1980. (C) There is authorized to be appropriated to the Fund, for each of the fiscal years 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, and 1993, an amount equal to 40 percent of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year second preceding each such fiscal year, except that the amount so appropriated shall not exceed $180,000,000 for fiscal year 1981, $200,000,000 for fiscal year 1982, $220,000,000 for fiscal year 1983, $145,000,000 for fiscal year 1984, $153,000,000 for fiscal year 1985, $162,000,000 for fiscal year 1986, $200,000,000 for fiscal year 1987, $214,000,000 for fiscal year 1988, $238,000,000 for fiscal year 1989, $254,000,000 for fiscal year 1990, $245,000,000 for fiscal year 1991, $265,000,000 for fiscal year 1992, and $285,000,000 for fiscal year 1993. (D) Funds appropriated under this subsection shall remain available until expended. (2)(A) The funds authorized to be appropriated by this subsection shall be used by the Corporation, in a prudent and financially responsible manner, solely for its grants, contracts, and administrative costs, except that the Corporation may not use any funds appropriated under this subpart for purposes of conducting any reception, or providing any other entertainment, for any officer or employee of the Federal Government or any State or local government. The Corporation shall determine the amount of non-Federal financial support received by public broadcasting entities during each of the fiscal years referred to in paragraph (1) for the purpose of determining the amount of each authorization, and shall certify such amount to the Secretary of the Treasury, except that the Corporation may include in its certification non-Federal financial support received by a public broadcasting entity during its most recent fiscal year ending before September 30 of the year for which certification is made. Upon receipt of such certification, the Secretary of the Treasury shall make available to the Corporation, from such funds as may be appropriated to the Fund, the amount authorized for each of the fiscal years pursuant to the provisions of this subsection. (B) Funds appropriated and made available under this subsection shall be disbursed by the Secretary of the Treasury on a fiscal year basis. (3)(A)(i) The Corporation shall establish an annual budget for use in allocating amounts from the Fund. Of the amounts appropriated into the Fund available for allocation for any fiscal year - (I) $10,200,000 shall be available for the administrative expenses of the Corporation for fiscal year 1989, and for each succeeding fiscal year the amount which shall be available for such administrative expenses shall be the sum of the amount made available to the Corporation under this subclause for such expenses in the preceding fiscal year plus the greater of 4 percent of such amount or a percentage of such amount equal to the percentage change in the Consumer Price Index, except that none of the amounts allocated under subclauses (II), (III), and (IV) and clause (v) shall be used for any administrative expenses of the Corporation and not more than 5 percent of all the amounts appropriated into the Fund available for allocation for any fiscal year shall be available for such administrative expenses; (II) 6 percent of such amounts shall be available for expenses incurred by the Corporation for capital costs relating to telecommunications satellites, the payment of programming royalties and other fees, the costs of interconnection facilities and operations (as provided in clause (iv)(I)), and grants which the Corporation may make for assistance to stations that broadcast programs in languages other than English, and if the available funding level permits, for projects and activities that will enhance public broadcasting; (III) 75 percent of the remainder (after allocations are made under subclause (I) and subclause (II)) shall be allocated in accordance with clause (ii); and (IV) 25 percent of such remainder shall be allocated in accordance with clause (iii). (ii) Of the amounts allocated under clause (i)(III) for any fiscal year - (I) 75 percent of such amounts shall be available for distribution among the licensees and permittees of public television stations pursuant to paragraph (6)(B); and (II) 25 percent of such amounts shall be available for distribution under subparagraph (B)(i), and in accordance with any plan implemented under paragraph (6)(A), for national public television programming. (iii) Of the amounts allocated under clause (i)(IV) for any fiscal year - (I) 70 percent of such amounts shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B); (II) 7 percent of such amounts shall be available for distribution under subparagraph (B)(i) for public radio programming; and (III) 23 percent of such amounts shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B), solely to be used for acquiring or producing programming that is to be distributed nationally and is designed to serve the needs of a national audience. (iv)(I) From the amount provided pursuant to clause (i)(II), the Corporation shall defray an amount equal to 50 percent of the total costs of interconnection facilities and operations to facilitate the availability of public television and radio programs among public broadcast stations. (II) Of the amounts received as the result of any contract, lease agreement, or any other arrangement under which the Corporation directly or indirectly makes available interconnection facilities, 50 percent of such amounts shall be distributed to the licensees and permittees of public television stations and public radio stations. The Corporation shall not have any authority to establish any requirements, guidelines, or limitations with respect to the use of such amounts by such licensees and permittees. (v) Of the interest on the amounts appropriated into the Fund which is available for allocation for any fiscal year - (I) 75 percent shall be available for distribution for the purposes referred to in clause (ii)(II); and (II) 25 percent shall be available for distribution for the purposes referred to in clause (iii)(II) and (III). (B)(i) The Corporation shall utilize the funds allocated pursuant to subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II) to make grants for production of public television or radio programs by independent producers and production entities and public telecommunications entities, producers of national children's educational programming, and producers of programs addressing the needs and interests of minorities, and for acquisition of such programs by public telecommunications entities. The Corporation may make grants to public telecommunications entities and producers for the production of programs in languages other than English. Of the funds utilized pursuant to this clause, a substantial amount shall be distributed to independent producers and production entities, producers of national children's educational programming, and producers of programming addressing the needs and interests of minorities for the production of programs. (ii) All funds available for distribution under clause (i) shall be distributed to entities outside the Corporation and shall not be used for the general administrative costs of the Corporation, the salaries or related expenses of Corporation personnel and members of the Board, or for expenses of consultants and advisers to the Corporation. (iii)(I) For fiscal year 1990 and succeeding fiscal years, the Corporation shall, in carrying out its obligations under clause (i) with respect to public television programming, provide adequate funds for an independent production service. (II) Such independent production service shall be separate from the Corporation and shall be incorporated under the laws of the District of Columbia for the purpose of contracting with the Corporation for the expenditure of funds for the production of public television programs by independent producers and independent production entities. (III) The Corporation shall work with organizations or associations of independent producers or independent production entities to develop a plan and budget for the operation of such service that is acceptable to the Corporation. (IV) The Corporation shall ensure that the funds provided to such independent production service shall be used exclusively in pursuit of the Corporation's obligation to expand the diversity and innovativeness of programming available to public broadcasting. (V) The Corporation shall report annually to Congress regarding the activities and expenditures of the independent production service. At the end of fiscal year 1992, the Corporation shall submit a report to Congress evaluating the performance of the independent production service in light of its mission to expand the diversity and innovativeness of programming available to public broadcasting. (4) Funds may not be distributed pursuant to this subsection to the Public Broadcasting Service or National Public Radio (or any successor organization), or to the licensee or permittee of any public broadcast station, unless the governing body of any such organization, any committee of such governing body, or any advisory body of any such organization, holds open meetings preceded by reasonable notice to the public. All persons shall be permitted to attend any meeting of the board, or of any such committee or body, and no person shall be required, as a condition to attendance at any such meeting, to register such person's name or to provide any other information. Nothing contained in this paragraph shall be construed to prevent any such board, committee, or body from holding closed sessions to consider matters relating to individual employees, proprietary information, litigation and other matters requiring the confidential advice of counsel, commercial or financial information obtained from a person on a privileged or confidential basis, or the purchase of property or services whenever the premature exposure of such purchase would compromise the business interests of any such organization. If any such meeting is closed pursuant to the provisions of this paragraph, the organization involved shall thereafter (within a reasonable period of time) make available to the public a written statement containing an explanation of the reasons for closing the meeting. (5) Funds may not be distributed pursuant to this subsection to any public telecommunications entity that does not maintain for public examination copies of the annual financial and audit reports, or other information regarding finances, submitted to the Corporation pursuant to subsection (l)(3)(B) of this section. (6)(A) The Corporation shall conduct a study and prepare a plan, in consultation with public television licensees (or designated representatives of those licensees) and the Public Broadcasting Service, on how funds available to the Corporation under paragraph (3)(A)(ii)(II) can be best allocated to meet the objectives of this chapter with regard to national public television programming. The plan, which shall be based on the conclusions resulting from the study, shall be submitted by the Corporation to the Congress not later than January 31, 1990. Unless directed otherwise by an Act of Congress, the Corporation shall implement the plan during the first fiscal year beginning after the fiscal year in which the plan is submitted to Congress. (B) The Corporation shall make a basic grant from the portion reserved for television stations under paragraph (3)(A)(ii)(I) to each licensee and permittee of a public television station that is on the air. The Corporation shall assist radio stations to maintain and improve their service where public radio is the only broadcast service available. The balance of the portion reserved for television stations and the total portion reserved for radio stations under paragraph (3)(A)(iii)(I) shall be distributed to licensees and permittees of such stations in accordance with eligibility criteria that promote the public interest in public broadcasting, and on the basis of a formula designed to - (i) provide for the financial needs and requirements of stations in relation to the communities and audiences such stations undertake to serve; (ii) maintain existing, and stimulate new, sources of non-Federal financial support for stations by providing incentives for increases in such support; and (iii) assure that each eligible licensee and permittee of a public radio station receives a basic grant. (7) The funds distributed pursuant to paragraph (3)(A)(ii)(I) and (iii)(I) may be used at the discretion of the recipient for purposes related primarily to the production or acquisition of programming. (8)(A) Funds may not be distributed pursuant to this subpart to any public broadcast station (other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency) unless such station establishes a community advisory board. Any such station shall undertake good faith efforts to assure that (i) its advisory board meets at regular intervals; (ii) the members of its advisory board regularly attend the meetings of the advisory board; and (iii) the composition of its advisory board are (FOOTNOTE 1) reasonably representative of the diverse needs and interests of the communities served by such station. (FOOTNOTE 1) So in original. Probably should be 'is'. (B) The board shall be permitted to review the programming goals established by the station, the service provided by the station, and the significant policy decisions rendered by the station. The board may also be delegated any other responsibilities, as determined by the governing body of the station. The board shall advise the governing body of the station with respect to whether the programming and other policies of such station are meeting the specialized educational and cultural needs of the communities served by the station, and may make such recommendations as it considers appropriate to meet such needs. (C) The role of the board shall be solely advisory in nature, except to the extent other responsibilities are delegated to the board by the governing body of the station. In no case shall the board have any authority to exercise any control over the daily management or operation of the station. (D) In the case of any public broadcast station (other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency) in existence on November 2, 1978, such station shall comply with the requirements of this paragraph with respect to the establishment of a community advisory board not later than 180 days after November 2, 1978. (E) The provision of subparagraph (A) prohibiting the distribution of funds to any public broadcast station (other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency) unless such station establishes a community advisory board shall be the exclusive remedy for the enforcement of the provisions of this paragraph. (9) Funds may not be distributed pursuant to this subsection to the Public Broadcasting Service or National Public Radio (or any successor organization) unless assurances are provided to the Corporation that no officer or employee of the Public Broadcasting Service or National Public Radio (or any successor organization), as the case may be, will be compensated at an annual rate of pay which exceeds the rate of basic pay in effect from time to time for level I of the Executive Schedule under section 5312 of title 5, and unless further assurances are provided to the Corporation that no officer or employee of such an entity will be loaned money by that entity on an interest-free basis. (10)(A) There is hereby established in the Treasury a fund which shall be known as the Public Broadcasting Satellite Interconnection Fund (hereinafter in this subsection referred to as the 'Satellite Interconnection Fund'), to be administered by the Secretary of the Treasury. (B) There is authorized to be appropriated to the Satellite Interconnection Fund, for fiscal year 1991, the amount of $200,000,000. If such amount is not appropriated in full for fiscal year 1991, the portion of such amount not yet appropriated is authorized to be appropriated for fiscal years 1992 and 1993. Funds appropriated to the Satellite Interconnection Fund shall remain available until expended. (C) The Secretary of the Treasury shall make available and disburse to the Corporation, at the beginning of fiscal year 1991 and of each succeeding fiscal year thereafter, such funds as have been appropriated to the Satellite Interconnection Fund for the fiscal year in which such disbursement is to be made. (D) Notwithstanding any other provision of this subsection except paragraphs (4), (5), (8), and (9), all funds appropriated to the Satellite Interconnection Fund and interest thereon - (i) shall be distributed by the Corporation to the licensees and permittees of noncommercial educational television broadcast stations providing public telecommunications services or the national entity they designate for satellite interconnection purposes and to those public telecommunications entities participating in the public radio satellite interconnection system or the national entity they designate for satellite interconnection purposes, exclusively for the capital costs of the replacement, refurbishment, or upgrading of their national satellite interconnection systems and associated maintenance of such systems; and (ii) shall not be used for the administrative costs of the Corporation, the salaries or related expenses of Corporation personnel and members of the Board, or for expenses of consultants and advisers to the Corporation. (l) Financial management and records (1)(A) The accounts of the Corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States, except that such requirement shall not preclude shared auditing arrangements between any public telecommunications entity and its licensee where such licensee is a public or private institution. The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents and custodians shall be afforded to such person or persons. (B) The report of each such independent audit shall be included in the annual report required by subsection (i) of this section. The audit report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Corporation's assets and liabilities, surplus or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the Corporation's income and expenses during the year, and a statement of the sources and application of funds, together with the independent auditor's opinion of those statements. (2)(A) The financial transactions of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the General Accounting Office in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places where accounts of the Corporation are normally kept. The representative of the General Accounting Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation pertaining to its financial transactions and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers and property of the corporation shall remain in possession and custody of the Corporation. (B) A report of each such audit shall be made by the Comptroller General to the Congress. The report to the Congress shall contain such comments and information as the Comptroller General may deem necessary to inform Congress of the financial operations and condition of the Corporation, together with such recommendations with respect thereto as he may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertaking observed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made without authority of law. A copy of each report shall be furnished to the President, to the Secretary, and to the Corporation at the time submitted to the Congress. (3)(A) Not later than 1 year after November 2, 1978, the Corporation, in consultation with the Comptroller General, and as appropriate with others, shall develop accounting principles which shall be used uniformly by all public telecommunications entities receiving funds under this subpart, taking into account organizational differences among various categories of such entities. Such principles shall be designed to account fully for all funds received and expended for public telecommunications purposes by such entities. (B) Each public telecommunications entity receiving funds under this subpart shall be required - (i) to keep its books, records, and accounts in such form as may be required by the Corporation; (ii) to undergo a biannual audit by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State, which audit shall be in accordance with auditing standards developed by the Corporation, in consultation with the Comptroller General; and (iii) to furnish biannually to the Corporation a copy of the audit report required pursuant to clause (ii), as well as such other information regarding finances (including an annual financial report) as the Corporation may require. (C) Any recipient of assistance by grant or contract under this section, other than a fixed price contract awarded pursuant to competitive bidding procedures, shall keep such records as may be reasonably necessary to disclose fully the amount and the disposition by such recipient of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (D) The Corporation or any of its duly authorized representatives shall have access to any books, documents, papers, and records of any recipient of assistance for the purpose of auditing and examining all funds received or expended for public telecommunications purposes by the recipient. The Comptroller General of the United States or any of his duly authorized representatives also shall have access to such books, documents, papers, and records for the purpose of auditing and examining all funds received or expended for public telecommunications purposes during any fiscal year for which Federal funds are available to the Corporation. (4)(A) Subject to subparagraph (C), the Corporation may not distribute to National Public Radio any funds authorized to be appropriated by this chapter unless there is in effect a determination by the Corporation that - (i) National Public Radio has adopted and is implementing a system of financial controls and procedures devised in consultation with, and recommended by, an independent certified public accountant and determined by the Comptroller General as sufficient to assure that the financial transactions of National Public Radio reflect prudent management practices and are accounted for in a manner consistent with generally accepted accounting principles; (ii) National Public Radio has adopted a budget under which reasonably projected expenditures will not exceed reasonably projected revenues from all sources for any fiscal year in which such funds are distributed to National Public Radio; and (iii) financial reporting systems of National Public Radio provide the Corporation with continuous access to all financial books and records of National Public Radio. (B) Not later than fifteen days after December 8, 1983, the Corporation shall report to the appropriate committees of the Congress on actions taken by National Public Radio to meet the conditions described in subparagraph (A) and on actions taken by the Corporation with respect to the indebtedness of National Public Radio related to deficits accumulated before October 1, 1983. The Corporation shall certify to such committees when such conditions have been met. (C) The requirements of subparagraphs (A) and (B) shall cease to be effective on and after the date on which the Corporation certifies to the appropriate committees of Congress that all indebtedness of National Public Radio related to deficits accumulated before October 1, 1983, has been liquidated in full. (m) Needs of minorities and other groups (1) Prior to July 1, 1989, and every three years thereafter, the Corporation shall compile an assessment of the needs of minority and diverse audiences, the plans of public broadcasting entities and public telecommunications entities to address such needs, the ways radio and television can be used to help these underrepresented groups, and projections concerning minority employment by public broadcasting entities and public telecommunications entities. Such assessment shall address the needs of racial and ethnic minorities, new immigrant populations, people for whom English is a second language, and adults who lack basic reading skills. (2) Commencing July 1, 1989, the Corporation shall prepare an annual report on the provision by public broadcasting entities and public telecommunications entities of service to the audiences described in paragraph (1). Such report shall address programming (including that which is produced by minority producers), training, minority employment, and efforts by the Corporation to increase the number of minority public radio and television stations eligible for financial support from the Corporation. (3) As soon as they have been prepared, each assessment and annual report required under paragraphs (1) and (2) shall be submitted to Congress. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 396, as added Nov. 7, 1967, Pub. L. 90-129, title II, Sec. 201(9), 81 Stat. 368, and amended Apr. 26, 1968, Pub. L. 90-294, 82 Stat. 108; Oct. 27, 1969, Pub. L. 91-97, Sec. 3, 83 Stat. 146; Oct. 7, 1970, Pub. L. 91-437, Sec. 2, 84 Stat. 888; Aug. 29, 1972, Pub. L. 92-411, Sec. 1, 86 Stat. 643; Aug. 6, 1973, Pub. L. 93-84, Sec. 1(a), (b), 87 Stat. 219; Dec. 31, 1975, Pub. L. 94-192, Sec. 2-4, 89 Stat. 1099, 1100; Nov. 2, 1978, Pub. L. 95-567, title III, Sec. 301-303(a), 304-307(a), 308, 92 Stat. 2411, 2412, 2414, 2415, 2419; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1224, 1225(a)(1), (b), (c), 1226, 1227(a)-(c)(3), (d)(1), (2), (e)-(g), 1228, 1234(a), 95 Stat. 725-730, 736; Dec. 8, 1983, Pub. L. 98-214, Sec. 3, 5, 6, 97 Stat. 1467-1469; Apr. 7, 1986, Pub. L. 99-272, title V, Sec. 5001(c), 100 Stat. 117; Nov. 7, 1988, Pub. L. 100-626, Sec. 3, 4(a), 5-9(a), 102 Stat. 3207-3211.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Nonprofit Corporation Act, referred to in subsecs. (b), (c)(4), and (g)(3), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265, as amended, which appears in chapter 5 (Sec. 29-501 et seq.) of Title 29, Corporations, of the District of Columbia Code. -MISC2- PRIOR PROVISIONS A prior section 396, act June 19, 1934, ch. 652, title III, Sec. 396, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, and renumbered Sec. 394 by Pub. L. 90-129, title II, Sec. 201(4), Nov. 7, 1967, 81 Stat. 367, which authorized making of rules and regulations, is classified to section 394 of this title. AMENDMENTS 1988 - Subsec. (a)(6) to (8). Pub. L. 100-626, Sec. 5, added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. Subsec. (g)(2)(B)(ii). Pub. L. 100-626, Sec. 6, struck out 'contract or' after 'respect to any'. Subsec. (k)(1)(C). Pub. L. 100-626, Sec. 3, substituted '1990, 1991, 1992, and 1993' for 'and 1990' and '40 percent' for '50 percent', struck out 'and' after 'fiscal year 1989,', and inserted ', $245,000,000 for fiscal year 1991, $265,000,000 for fiscal year 1992, and $285,000,000 for fiscal year 1993' after 'fiscal year 1990'. Subsec. (k)(3)(A)(i)(I), (II). Pub. L. 100-626, Sec. 7(a)(1), (2), amended subcls. (I) and (II) generally. Prior to amendment, subcls. (I) and (II) read as follows: '(I) not more than 5 percent of such amounts shall be available for the administrative expenses of the Corporation; '(II) not less than 5 percent of such amounts shall be available for other expenses incurred by the Corporation, including capital costs relating to telecommunications satellites, the payment of programming royalties and other fees, and the costs of interconnection facilities and operations (as provided in clause (iv)(I)), except that the total amount available for obligation for any fiscal year under this subclause and subclause (I) shall not exceed 10 percent of the amounts appropriated into the Fund available for allocation for such fiscal year;'. Subsec. (k)(3)(A)(i)(III). Pub. L. 100-626, Sec. 7(a)(3), substituted 'clause (ii)' for 'clause (ii)(I)'. Subsec. (k)(3)(A)(ii)(II). Pub. L. 100-626, Sec. 7(b), substituted ', and in accordance with any plan implemented under paragraph (6)(A), for national public' for 'for public'. Subsec. (k)(3)(A)(iii). Pub. L. 100-626, Sec. 7(c), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: 'Of the amounts allocated under clause (i)(IV) for any fiscal year - '(I) not less than 50 percent of such amounts (as determined under paragraph (6)(A)) shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B); and '(II) not more than 50 percent of such amounts (as determined under paragraph (6)(A)) shall be available for distribution under subparagraph (B)(i) for public radio.' Subsec. (k)(3)(A)(iv)(I). Pub. L. 100-626, Sec. 7(e), substituted 'From the amount provided pursuant to clause (i)(II),' for 'Subject to the provisions of clause (v),'. Subsec. (k)(3)(A)(v). Pub. L. 100-626, Sec. 7(d), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: 'If the expenses incurred by the Corporation under clause (i)(II) for any fiscal year for - '(I) capital costs relating to telecommunications satellites; '(II) the payment of programming royalties and other fees; and '(III) the costs of interconnection facilities and operations (as provided in clause (iv)); exceed 6 percent of the amounts appropriated into the Fund available for allocation for such fiscal year, then 75 percent of such excess costs shall be defrayed by the licensees and permittees of public television stations from amounts available to such licensees and permittees under clause (ii)(I) and 25 percent of such excess costs shall be defrayed by the licensees and permittees of public radio stations from amounts available to such licensees and permittees under clause (iii)(I).' Subsec. (k)(3)(B)(i). Pub. L. 100-626, Sec. 7(f), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: 'The Corporation shall utilize the funds allocated pursuant to subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II), and a significant portion of such other funds as may be available to the Corporation, to make grants and contracts for production of public television or radio programs by independent producers and production entities and public telecommunications entities, and for acquisition of such programs by public telecommunications entities. Of the funds utilized pursuant to this clause, a substantial amount shall be reserved for distribution to independent producers and production entities for the production of programs.' Subsec. (k)(3)(B)(iii). Pub. L. 100-626, Sec. 8, added cl. (iii). Subsec. (k)(3)(C). Pub. L. 100-626, Sec. 7(g), struck out subpar. (C) which related to limit on expenditure by Corporation in fiscal year 1981 of an amount equal to not more than 5 percent of funds made available by Secretary of the Treasury. Subsec. (k)(3)(D). Pub. L. 100-626, Sec. 7(g), struck out subpar. (D) which related to expenditure by Corporation of 105 percent of amount derived for preceding fiscal year, for activities authorized under subsection (g)(2) of this section, in fiscal years 1982 and 1983. Subsec. (k)(6)(A). Pub. L. 100-626, Sec. 7(h), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 'The Corporation, in consultation with public radio stations and with National Public Radio (or any successor organization), shall determine the percentage of funds allocated under subclause (I) and subclause (II) of paragraph (3)(A)(iii) for each fiscal year. The Corporation, in consultation with such organizations, also shall conduct an annual review of the criteria and conditions applicable to such allocations.' Subsec. (k)(6)(B). Pub. L. 100-626, Sec. 7(i), inserted after first sentence 'The Corporation shall assist radio stations to maintain and improve their service where public radio is the only broadcast service available.' Subsec. (k)(7). Pub. L. 100-626, Sec. 7(j), inserted '(ii)(I) and (iii)(I)' after 'paragraph (3)(A)'. Subsec. (k)(10). Pub. L. 100-626, Sec. 4(a), added par. (10). Subsec. (m). Pub. L. 100-626, Sec. 9(a), added subsec. (m). 1986 - Subsec. (k)(1)(C). Pub. L. 99-272, Sec. 5001(c)(1), substituted '1986, 1987, 1988, 1989, and 1990' for 'and 1986', struck out 'and' after 'fiscal year 1985,', and inserted ', $200,000,000 for fiscal year 1987, $214,000,000 for fiscal year 1988, $238,000,000 for fiscal year 1989, and $254,000,000 for fiscal year 1990' before period at end. Subsec. (k)(3)(A)(i)(II). Pub. L. 99-272, Sec. 5001(c)(2), struck out 'research, training, technical assistance, engineering, instructional support, payment of interest on indebtedness,' after 'Corporation, including'. Subsec. (k)(8) to (10). Pub. L. 99-272, Sec. 5001(c)(3), redesignated paragraphs (9) and (10) as (8) and (9), respectively. Former subsec. (8), which related to refunding to the Corporation of an amount equal to the amount of unrelated business income tax, was struck out. 1983 - Subsec. (c)(1). Pub. L. 98-214, Sec. 6(a), struck out ', and the President of the Corporation' after 'advice and consent of the Senate' and provision directing that the President of the Corporation serve as the Chairman of the Board. Subsec. (d)(1). Pub. L. 98-214, Sec. 6(b)(1), inserted 'elect one of their members to be Chairman and' after 'Members of the Board shall annually'. Subsec. (e)(1). Pub. L. 98-214, Sec. 6(c), substituted 'No officer of the Corporation, other than the Chairman or a Vice Chairman' for 'No officer of the Corporation, other than a Vice Chairman'. Subsec. (k)(1)(C). Pub. L. 98-214, Sec. 3(a), substituted ', $145,000,000 for fiscal year 1984, $153,000,000 for fiscal year 1985, and $162,000,000 for fiscal year 1986' for ', and $130,000,000 for each of the fiscal years 1984, 1985, and 1986'. Subsec. (k)(10). Pub. L. 98-214, Sec. 3(b), inserted provision requiring assurances that no officer or employee of such entity will be loaned money by that entity on an interest-free basis. Subsec. (l)(4). Pub. L. 98-214, Sec. 5, added par. (4). 1981 - Subsec. (a)(5). Pub. L. 97-35, Sec. 1224, inserted provisions respecting alternative telecommunications services. Subsec. (c). Pub. L. 97-35, Sec. 1225(a)(1), amended subsec. (c) generally, substituting provisions respecting appointment, selection, service, etc., of the ten members of the Board of Directors, for provisions respecting appointment, selection, service, etc., of the 15 members of the Board of Directors. Subsec. (d). Pub. L. 97-35, Sec. 1225(b), amended subsec. (d) generally, substituting in par. (1) provisions respecting election, status, compensation, etc., of Vice Chairman, for provisions respecting election, status, compensation, etc., of Chairman and Vice Chairman. Subsec. (e)(1). Pub. L. 97-35, Sec. 1225(c), inserted reference to services rendered by a Vice Chairman, and struck out reference to the Chairman. Subsec. (g). Pub. L. 97-35, Sec. 1234(a), struck out par. (5) relating to study and report concerning manner of including personal services of volunteers in determining non-Federal financial support, and redesignated par. (6) as (5). Subsec. (i)(1). Pub. L. 97-35, Sec. 1226, substituted 'May' for 'February'. Subsec. (k)(1)(C). Pub. L. 97-35, Sec. 1227(a), extended authorization of appropriations through 1986. Subsec. (k)(2)(B). Pub. L. 97-35, Sec. 1227(b), substituted fiscal year basis for disbursement for quarterly basis. Subsec. (k)(3)(A). Pub. L. 97-35, Sec. 1227(c)(1), amended subpar. (A) generally, substituting provisions mandating the establishment by the Corporation of an annual budget for use in allocating amounts from the Fund, setting out the allocation and distribution formulae, and providing for interconnecting facilities and operations costs for making public television and radio programs available to public broadcast stations for former provisions which had directed the Corporation to reserve for distribution among the licensees and permitees of public television and radio stations an amount equal to (i) not less than 40 percent of the funds disbursed by the Corporation from the Fund under this section in each fiscal year in which the amount disbursed was $88,000,000 or more, but less than $121,000,000; (ii) not less than 45 percent of such funds in each fiscal year in which the amount disbursed was $121,000,000 or more, but less than $160,000,000; and (iii) not less than 50 percent of such funds in each fiscal year in which the amount disbursed was $160,000,000 or more. Subsec. (k)(3)(B)(i). Pub. L. 97-35, Sec. 1227(c)(2), amended cl. (i) generally, substituting 'The Corporation shall utilize the funds allocated pursuant to subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II), and a significant portion of such other funds as may be available to the Corporation, to make grants and contracts for production of public television or radio programs by independent producers and production entities and public telecommunications entities, and for acquisition of such programs by public telecommunications entities. Of the funds utilized pursuant to this clause, a substantial amount shall be reserved for distribution to independent producers and production entities for the production of programs' for 'The Corporation shall establish an annual budget according to which it shall made grants and contracts for production of public television or radio programs by independent producers and production entities and public telecommunications entities, for acquisition of such programs by public telecommunications entities, for interconnection facilities and operations, for distribution of funds among public telecommunications entities, and for engineering and program-related research. A significant portion of funds available under the budget established by the Corporation under this subparagraph shall be used for funding the production of television and radio programs. Of such portion, a substantial amount shall be reserved for distribution to independent producers and production entities for the production of programs'. Subsec. (k)(3)(B)(ii). Pub. L. 97-35, Sec. 1227(c)(3)(A), amended cl. (ii) generally, substituting 'available for distribution under clause (i)' for 'contained in the annual budget established by the Corporation under clause (i)'. Subsec. (k)(3)(B)(iii), (iv). Pub. L. 97-35, Sec. 1227(c)(3)(B), struck out cls. (iii) and (iv) which had provided, respectively, that 'During each of the fiscal years 1981, 1982, and 1983, the annual budget established by the Corporation under clause (i) shall consist of not less than 95 percent of the funds made available by the Secretary of the Treasury to the Corporation pursuant to paragraph (2)(A)' and that 'In determining the amount of funds which shall be made available for radio programming and operations under this subparagraph, the Corporation shall take into account the increased financial needs relating to radio programming and operations resulting from the expansion and development of noncommercial radio broadcast station facilities through the use of funds made available pursuant to section 393(d) of this title'. Subsec. (k)(6)(A). Pub. L. 97-35, Sec. 1227(d)(1), amended subpar. (A) generally, substituting 'The Corporation, in consultation with public radio stations and with National Public Radio (or any successor organization), shall determine the percentage of funds allocated under subclause (I) and subclause (II) of paragraph (3)(A)(iii) for each fiscal year. The Corporation, in consultation with such organizations, also shall conduct an annual review of the criteria and conditions applicable to such allocations' for 'The Corporation, in consultation with public television and radio licensees, shall review annually the percentage of funds reserved pursuant to paragraph (3)(A), and the criteria and conditions regarding the division and distribution of such funds among public television and radio stations'. Subsec. (k)(6)(B). Pub. L. 97-35, Sec. 1227(d)(2), amended subpar. (B) generally, striking out provision that the funds reserved for public broadcast stations pursuant to paragraph (3)(A) be divided into two portions, one to be distributed among radio stations and one to be distributed among television stations in the provisions preceding cl. (i) and inserting 'under paragraph (3)(A)(ii)(I)' and 'under paragraph (3)(A)(iii)(I)'. Subsec. (k)(7). Pub. L. 97-35, Sec. 1227(e), amended par. (7) generally, substituting provisions relating to use of funds distributed for provisions limiting amount of funds distributed. Subsec. (k)(8). Pub. L. 97-35, Sec. 1227(f), amended par. (8) generally, substituting provisions relating to refunding funds to the Corporation for provisions relating to the use of funds distributed. Subsec. (k)(9). Pub. L. 97-35, Sec. 1227(g), in subpar. (A) substituted 'to assure that (i) its advisory board meets at regular intervals; (ii) the members of its advisory board regularly attend the meetings of the advisory board; and (iii) the composition of its advisory board are reasonably representative of the diverse needs' for 'to assure that the composition of its advisory board reasonably reflects the diverse needs' and in subpars. (A), (D), and (E) inserted provisions respecting stations owned and operated by a State, a political or special purpose subdivision of a State or a public agency. Subsec. (l). Pub. L. 97-35, Sec. 1228, inserted provisions in par. (1)(A) respecting shared auditing arrangements, and substituted in par. (3)(B)(ii) and (iii) provisions relating to biannual audits and accompanying report, for provisions relating to annual audits and accompanying report. 1978 - Subsec. (a). Pub. L. 95-567, Sec. 301, substituted 'public' for 'noncommercial educational' and 'telecommunications' for 'radio and television' wherever appearing and inserted provisions relating to the growth and development of nonbroadcast telecommunications technologies for the delivery of public telecommunications services. Subsec. (d)(1). Pub. L. 95-567, Sec. 302, struck out provision authorizing the President to designate one of the members first appointed to the Board as Chairman. Subsec. (e)(1). Pub. L. 95-567, Sec. 303(a), inserted provision which regulated the rate of compensation an officer or employee of the Corporation could receive. Subsec. (g). Pub. L. 95-567, Sec. 304, amended subsec. (g) generally, substituting 'public telecommunications' for 'educational broadcasting', 'noncommercial educational television or radio', or 'program production' wherever appearing, authorizing panel of outside experts to evaluate programs, authorizing Corporation to use its own judgment when dealing with programming, and striking out provision dealing with the creation of new noncommercial educational broadcast stations. Subsec. (h). Pub. L. 95-567, Sec. 305, designated existing provisions as par. (1) and added par. (2). Subsec. (i). Pub. L. 95-567, Sec. 306, revised and restructured subsection and, as so restructured, substituted 'September 30' for 'June 30', '15th day of February' for '31st day of December', and inserted provisions comprising pars. (1)(B) and (C). Subsec. (k). Pub. L. 95-567, Sec. 307(a), completely revised and restructured subsec. (k) and, in so doing, inserted provisions establishing an annual budget, authorizing funds for the fiscal years 1978 to 1983, requiring funds be disbursed on a quarterly basis, requiring that all meetings of entities receiving funds be open to the public, and that the financial records of such entities be available for public examination. Subsec. (l)(3). Pub. L. 95-567, Sec. 308, completely revised and restructured par. (3) and, in so doing, inserted provisions requiring an annual audit, furnishing a copy of the audit report, and use of uniform accounting principals. 1975 - Subsec. (g)(2)(H). Pub. L. 94-192, Sec. 3, inserted 'and the use of nonbroadcast communications technologies for the dissemination of educational television or radio programs' after 'broadcasting'. Subsec. (i). Pub. L. 94-192, Sec. 4, directed that officers and directors be available to testify before Congressional committees concerning the annual fiscal report, audit report, or any other matter. Subsec. (k)(3) to (7). Pub. L. 94-192, Sec. 2, added pars. (3) to (7). 1973 - Subsec. (k)(1). Pub. L. 93-84, Sec. 1(a), substituted authorization of appropriation of $50,000,000 and $60,000,000 for the fiscal years ending June 30, 1974 and June 30, 1975, respectively, for authorization of appropriation of $40,000,000 for the fiscal year ending June 30, 1973. Subsec. (k)(2). Pub. L. 93-84, Sec. 1(b), substituted '1975' for '1973'. 1972 - Subsec. (k)(1). Pub. L. 92-411 struck out authorization of appropriation for fiscal years ending June 30, 1969, June 30, 1970, and the two succeeding fiscal years and provided for an appropriation of $40,000 for fiscal year ending June 30, 1973. Subsec. (k)(2). Pub. L. 92-411 substituted 'June 30, 1973' for 'June 30, 1972'. 1970 - Subsec. (k). Pub. L. 91-437 authorized appropriations of $20,000,000 for the fiscal year ending June 30, 1970, and $30,000,000 for each of the two succeeding fiscal years, and further authorized appropriation of amounts equal to the amount of total grants, donations, bequests, or other contributions from non-Federal sources received by the Corporation during each fiscal year with a maximum limit of $5,000,000 for any fiscal year. 1969 - Subsec. (k)(1). Pub. L. 91-97, Sec. 3(a), inserted 'and for the next fiscal year the sum of $20,000,000' after 'the sum of $9,000,000'. Subsec. (k)(2). Pub. L. 91-97, Sec. 3(b), inserted 'or the next fiscal year' after 'the fiscal year ending June 30, 1969,'. 1968 - Subsec. (k). Pub. L. 90-294 substituted '1969' for '1968'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 6 and 7(d) of Pub. L. 100-626 effective Oct. 1, 1989, see section 12 of Pub. L. 100-626, set out as a note under section 391 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Section 1227(c)(4) of Pub. L. 97-35 provided that: 'The amendments made in this subsection (amending this section) shall apply to fiscal years beginning after September 30, 1983.' Section 1227(d)(3) of Pub. L. 97-35 provided that: 'The amendments made in this subsection (amending this section) shall apply to fiscal years beginning after September 30, 1983.' EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 of Pub. L. 95-567, set out as a note under section 390 of this title. SATELLITE REPLACEMENT NEEDS; REPORT TO CONGRESS BY MARCH 1, 1990 Section 4(b) of Pub. L. 100-626 provided that: 'On or before March 1, 1990, the Corporation for Public Broadcasting, on behalf of the public radio and public television licensees and permittees (or their designated representatives), shall submit to Congress a report by such licensees or permittees (or their representatives) detailing the satellite replacement needs of public radio and public television, the difference in cost between leasing satellite transponder capacity and buying such capacity, and the availability of private sector rather than Federal financing.' CONTINUATION OF INDIVIDUALS SERVING ON THE BOARD OF DIRECTORS; REDUCTION IN MEMBERSHIP OF BOARD; POLITICAL AFFILIATION OF BOARD APPOINTEES; ABOLITION OF FIVE OFFICES ON MARCH 1, 1984 Section 1225(a)(2) of Pub. L. 97-35, as amended by Pub. L. 97-410, Sec. 4, Jan. 3, 1983, 96 Stat. 2044, provided that: '(A) The amendment made in paragraph (1) (amending this section) shall not affect the continuation in office of any individual serving on the Board of Directors of the Corporation for Public Broadcasting on the date of the enactment of this Act (Aug. 13, 1981). '(B) Notwithstanding the provisions of subsection (c) of section 396 of the Communications Act of 1934 (subsec. (c) of this section), in the case of the offices of director the terms of which expired March 1982, persons appointed to fill two of such vacancies existing as of December 13, 1982, shall be appointed for terms which shall expire on March 1, 1984 and shall not be respresentative of the political party having a majority of the directors of the Board on December 13, 1982. Persons appointed for a term beginning March 1, 1984, to fill the vacancies occurring in such offices the terms of which, by reason of the preceding sentence, expire on March 1, 1984, shall not be filled by persons representing the political party having a majority of the directors of the Board on March 1, 1984. Persons appointed on or after March 1, 1984, to fill vacancies in the two such offices shall be appointed for terms of five years. On March 1, 1984, there are abolished those five offices of director the terms of which, without application of the preceding provisions of this paragraph, expire on such date. In administering the provisions of this paragraph a director is a minority member of the Board if he is not a member of the political party to which the majority of the directors of the Board are members.' TEMPORARY COMMISSION ON ALTERNATIVE FINANCING FOR PUBLIC TELECOMMUNICATIONS; COMPOSITION; PERSONNEL; FUNCTIONS; REPORT; DEMONSTRATION PROGRAMS FOR DETERMINING FEASIBILITY OF PERMITTING PUBLIC TELEVISION STATIONS AND PUBLIC RADIO STATION LICENSEES TO BROADCAST ADVERTISING ANNOUNCEMENTS Sections 1232 and 1233 of Pub. L. 97-35, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'Sec. 1232. (a)(1) A study shall be conducted in accordance with the provisions of this section regarding options which may be available to public telecommunications entities, the Public Broadcasting Service, and National Public Radio with respect to the development of sources of revenue in addition to the sources of revenue available to such entities and organizations on the date of the enactment of this Act (Aug. 13, 1981). Such study shall be completed not later than July 1, 1982, and a report shall be submitted to the Congress in accordance with subsection (i). '(2) The study required in paragraph (1) shall seek to identify funding options which also will ensure that public telecommunications as a source of alternative and diverse programming will be maintained and enhanced, and that public telecommunications services will continue to expand and be available to increasing numbers of citizens throughout the Nation. '(3) The study required in paragraph (1), in examining funding alternatives, also shall seek to determine appropriate means for ensuring that the use of such funding alternatives does not interfere with the content and quality of programming appearing on public television and radio. '(b)(1) The study required in subsection (a)(1) shall be conducted by a commission to be known as the Temporary Commission on Alternative Financing for Public Telecommunications (hereinafter in this section referred to as the 'Commission'). '(2) The Commission shall consist of the Chairman of the Federal Communications Commission (or a member of the Commission designated by the Chairman); the Assistant Secretary of Commerce for Communications and Information (or his delegate); the heads of the Corporation for Public Broadcasting, National Public Radio, and the National Association of Public Television Stations (or their delegates); the Chairman and the ranking minority member of the Committee on Commerce, Science, and Transportation of the Senate (or any members of such committee designated by them); and the Chairman and ranking minority member of the Committee on Energy and Commerce of the House of Representatives (or any members of such committee designated by them). '(3) In addition to the members of the Commission specified in paragraph (2), an officer or employee of a public television station and an officer or employee of a public radio station shall serve as members of the Commission. Such members shall be selected by the members of the Commission specified in paragraph (2). Such selection shall be made at the first meeting conducted by the Commission. '(4) For purposes of this subsection, the terms 'public television station' and 'public radio station' have the same meaning as the term 'public broadcast station' in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)). '(c) The members of the Commission shall serve without compensation, but the Federal Communications Commission shall make funds available to reimburse such members for travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Federal Government service are allowed expenses under section 5703 of title 5, United States Code. '(d) The Chairman of the Federal Communications Commission (or the person designated by the Chairman under subsection (b)(2)) shall serve as Chairman of the Commission. '(e) The Commission shall meet at the call of the Chairman or a majority of the members of the Commission. Six members of the Commission shall constitute a quorum. '(f)(1) Upon request of the Commission, the Federal Communications Commission shall furnish the Commission with such personnel and support services as may be necessary to assist the Commission in carrying out its duties and functions under this section. The Commission shall not be required to pay or reimburse the Federal Communications Commission for such personnel and support services. '(2) The Assistant Secretary of Commerce for Communications and Information, and the heads of the Corporation for Public Broadcasting, the Public Broadcasting Service, National Public Radio, and the National Association of Public Television Stations, each are authorized to furnish the Commission with such personnel and support services as each such organization considers necessary or appropriate to assist the Commission in carrying out its duties and functions under this section. '(g) The Commission shall have authority to hold such hearings, sit and act at such times and places, and take such testimony as the Commission considers advisable. The Commission shall seek to obtain the testimony and advice of business representatives, persons representing public interest groups, and other persons and organizations which have an interest in public broadcasting. '(h) The Commission shall be exempt from section 10(e), section 10(f), and section 14 of the Federal Advisory Committee Act (5 U.S.C. Appendix). '(i) The Commission shall submit a report to the Congress containing the results of the study required in subsection (a)(1) not later than July 1, 1982. Such report shall include an evaluation of each option with respect to the development of additional sources of revenue, and shall include recommendations for such legislative or other action as the Commission considers necessary or appropriate. '(j)(1) Except as provided in paragraph (2), the Commission shall terminate at the end of the 90-day period following the date of the submission of the report required in subsection (i). '(2) If the Commission decides to establish the demonstration program specified in section 1233, then the Commission shall reconvene after the termination of the demonstration program conducted under section 1233 for the purpose of carrying out the functions of the Commission specified in section 1233(e). The Commission shall terminate at the end of the 90-day period following the date of the submission of the report required in section 1233(e). 'Sec. 1233. (a) The Temporary Commission on Alternative Financing for Public Telecommunications established in section 1232 may establish a demonstration program in accordance with this section for the purpose of determining the feasibility of permitting public television station licensees and public radio station licensees to broadcast advertising announcements. If the Commission decides to establish such demonstration program, then the Commission shall establish and carry out such demonstration program in accordance with the provisions of subsection (b) through subsection (f). '(b)(1)(A) The Commission shall establish the demonstration program as soon as practicable after the date of the enactment of this Act (Aug. 13, 1981). The Commission shall permit public broadcast station licensees to begin the broadcasting of qualifying advertising not later than January 1, 1982, except that such licensees may begin such advertising before such date if the Commission completes the establishment of the demonstration program before such date. '(B) Such broadcasting of qualifying advertising shall be carried out during the 18-month period beginning January 1, 1982 (or beginning on such earlier date as may be authorized by the Commission under subparagraph (A)), except that such broadcasting of qualifying advertising shall terminate not later than June 30, 1983. The demonstration program shall terminate at the end of such period. '(2)(A) The Corporation for Public Broadcasting, in consultation with the Commission, shall select not more than 10 public television station licensees and not more than 10 public radio station licensees to participate in the demonstration program. '(B) Such selection shall be made from among licensees which have expressed to the Corporation a desire to participate in the demonstration program, except that any public television station licensee or public radio station licensee which is represented on the Commission under section 1232(b)(3) shall not be eligible to participate in the demonstration program. '(C) If a licensee elects not to participate in the demonstration program, after receiving notice of its selection from the Corporation, then the Corporation shall select an alternate licensee. '(D) The exemption from income tax of any public broadcast station licensee under section 501(a) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (26 U.S.C. 501(a)), relating to exemption from taxation, shall not be affected by the participation of such licensee in the demonstration program. '(3) The Corporation shall make selections under paragraph (2), to the extent practicable, in a manner which ensures that - '(A) a representative geographical distribution of public broadcast station licensees will be achieved; '(B) licensees serving audiences and markets of various sizes will participate in the demonstration program; '(C) licensees with operating budgets of various sizes will participate in the demonstration program; '(D) different types of licensees will participate in the demonstration program; and '(E) in the case of public radio station licensees, licensees with different types of programming formats will participate in the demonstration program. '(c) Each public television station licensee or public radio station licensee which is selected by the Corporation for Public Broadcasting under subsection (b) shall be authorized to broadcast qualifying advertising in accordance with subsection (d). '(d)(1)(A) Except as provided in subparagraph (B), any qualifying advertising announcement which is broadcast by any public television station licensee or any public radio station licensee may be broadcast only at the beginning or at the end of regular programs, and may not interrupt regular programs. '(B) In the case of any regular program which is 2 or more hours in duration, any public radio station licensee may broadcast (subject to paragraph (2)), a qualifying advertising announcement during the program, but only (i) during a break in the program scheduled for station identification; or (ii) at other times which will not unduly disrupt the program. '(2) Any qualifying advertising announcements which are broadcast consecutively by any public television station licensee or any public radio station licensee may not exceed 2 minutes in duration. Such licensees may not engage in any such consecutive broadcasts of qualifying advertising announcements more than once during any 30-minute period. '(3)(A) The Commission shall prescribe regulations which specify the types of advertisements which may be broadcast by licensees during the demonstration program. The Commission may authorize licensees participating in the demonstration program to broadcast institutional advertisements and advertisements relating to specific products, services, or facilities. Licensees shall not be authorized or required to broadcast any advertisement which - '(i) is intended to promote any opinion or point-of-view regarding any matter of public importance or interest, any political issue, or any matter relating to religion; or '(ii) is intended to support or oppose any candidate for political office. '(B) The Federal Communications Commission shall have authority to determine in disputed cases whether any advertising announcement shall be considered to be qualifying advertising for purposes of this section. '(4) The Commission shall prescribe regulations which establish requirements relating to the sale of broadcast time for advertisements during the demonstration program. Such regulations may authorize - '(A) the assignment of broadcast time for advertisements through a system of random selection; '(B) the sale of broadcast time for advertisements which will be broadcast at the beginning or at the end of particular programs, or during particular portions of the broadcast day; or '(C) any other method for the sale of broadcast time which the Commission considers appropriate. '(5) The Commission shall have authority to prescribe regulations under paragraph (3) and paragraph (4) which establish different criteria and requirements applicable to the various licensees participating in the demonstration program, to the extent the Commission considers the establishment of such different criteria and requirements to be necessary to assist the Commission in preparing the report, and making the recommendations, required in subsection (e). '(6) Any issue regarding compliance with the provisions of this subsection shall be resolved by the Federal Communications Commission in accordance with its authority under the Communications Act of 1934 (47 U.S.C. 151 et seq.). '(e)(1) The Commission, as soon as practicable after the termination of the demonstration program under subsection (b)(1)(A), shall analyze the results of the demonstration program and shall submit a report to each House of the Congress regarding the demonstration program. Such report shall be submitted not later than October 1, 1983, and shall include - '(A) an examination of whether qualifying advertising had any influence or effect upon programming broadcast by the public broadcast station licensees involved; '(B) an analysis of the reaction of audiences to the broadcasting of such qualifying advertising; '(C) an examination of the extent to which businesses and other organizations engaged in the purchase of broadcast time for the broadcast of qualifying advertising; '(D) an analysis of whether the broadcasting of qualifying advertising had any impact upon the underwriting of programs; and '(E) any other findings or information which the Commission considers appropriate. '(2) Such report also shall include such recommendations for legislative or other action as the Commission considers appropriate, including a recommendation regarding whether public broadcast stations should be permitted to broadcast qualifying advertising on a permanent basis. '(f) For purposes of this section: '(1) The term 'Commission' means the Temporary Commission on Alternative Financing for Public Telecommunications established in section 1232. '(2) The term 'demonstration program' means the demonstration program which the Commission is authorized to establish in accordance with this section. '(3) The terms 'public broadcast station', 'public television station', and 'public radio station' have the same meaning as the term 'public broadcast station' in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)). '(4) The term 'qualifying advertising' means any type of advertising specified by the Commission under subsection (d)(3)(A).' COMPENSATION OF OFFICERS AND EMPLOYEES Section 303(b) of Pub. L. 95-567 provided that: 'The amendment made by subsection (a) (amending this section) shall not be construed to reduce the annual rate of pay of any officer or employee of the Corporation for Public Broadcasting in any case in which (1) such officer or employee was appointed or named to any position in the Corporation before the date of the enactment of this Act (Nov. 2, 1978); and (2) the annual rate of pay for such position, as in effect on such date of enactment, exceeds the maximum rate of pay established in section 396(e)(1) of the Communications Act of 1934 (subsec. (e)(1) of this section), as amended by subsection (a).' Section 307(b) of Pub. L. 95-567 provided that: 'Section 396(k)(10) of the Communications Act of 1934 (subsec. (k)(10) of this section), as added by subsection (a), shall not be construed to reduce the annual rate of pay of any officer or employee of the Public Broadcasting Service or National Public Radio (or any successor organization) in any case in which (1) such officer or employee was appointed or named to any position in the Public Broadcasting Service or National Public Radio (or any successor organization) before the date of the enactment of this Act (Nov. 2, 1978); and (2) the annual rate of pay for such position, as in effect on such date of enactment, exceeds the maximum rate of pay established in section 396(k)(10) of the Communications Act of 1934 (subsec. (k)(10) of this section), as added by subsection (a).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 397, 398, 399b of this title. ------DocID 54215 Document 202 of 303------ -CITE- 47 USC subpart e -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart e -HEAD- subpart e - general provisions ------DocID 54216 Document 203 of 303------ -CITE- 47 USC Sec. 397 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart e -HEAD- Sec. 397. Definitions -STATUTE- For the purposes of this part - (1) The term 'construction' (as applied to public telecommunications facilities) means acquisition (including acquisition by lease), installation, and modernization of public telecommunications facilities and planning and preparatory steps incidental to any such acquisition, installation, or modernization. (2) The term 'Corporation' means the Corporation for Public Broadcasting authorized to be established in subpart D. (3) The term 'interconnection' means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to public telecommunications entities. (4) The term 'interconnection system' means any system of interconnection facilities used for the distribution of programs to public telecommunications entities. (5) The term 'meeting' means the deliberations of at least the number of members of a governing or advisory body, or any committee thereof, required to take action on behalf of such body or committee where such deliberations determine or result in the joint conduct or disposition of the governing or advisory body's business, or the committee's business, as the case may be, but only to the extent that such deliberations relate to public broadcasting. (6) The terms 'noncommercial educational broadcast station' and 'public broadcast station' mean a television or radio broadcast station which - (A) under the rules and regulations of the Commission in effect on November 2, 1978, is eligible to be licensed by the Commission as a noncommercial educational radio or television broadcast station and which is owned and operated by a public agency or nonprofit private foundation, corporation, or association; or (B) is owned and operated by a municipality and which transmits only noncommercial programs for education purposes. (7) The term 'noncommercial telecommunications entity' means any enterprise which - (A) is owned and operated by a State, a political or special purpose subdivision of a State, a public agency, or a nonprofit private foundation, corporation, or association; and (B) has been organized primarily for the purpose of disseminating audio or video noncommercial educational and cultural programs to the public by means other than a primary television or radio broadcast station, including, but not limited to, coaxial cable, optical fiber, broadcast translators, cassettes, discs, microwave, or laser transmission through the atmosphere. (8) The term 'nonprofit' (as applied to any foundation, corporation, or association) means a foundation, corporation, or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (9) The term 'non-Federal financial support' means the total value of cash and the fair market value of property and services (including, to the extent provided in the second sentence of this paragraph, the personal services of volunteers) received - (A) as gifts, grants, bequests, donations, or other contributions for the construction or operation of noncommercial educational broadcast stations, or for the production, acquisition, distribution, or dissemination of educational television or radio programs, and related activities, from any source other than (i) the United States or any agency or instrumentality of the United States; or (ii) any public broadcasting entity; or (B) as gifts, grants, donations, contributions, or payments from any State, or any educational institution, for the construction or operation of noncommercial educational broadcast stations or for the production, acquisition, distribution, or dissemination of educational television or radio programs, or payments in exchange for services or materials with respect to the provision of educational or instructional television or radio programs. Such term includes the fair market value of personal services of volunteers, as computed using the valuation standards established by the Corporation and approved by the Comptroller General pursuant to section 396(g)(5) of this title, but only with respect to such services provided to public telecommunications entities after such standards are approved by the Comptroller General and only, with respect to such an entity in a fiscal year, to the extent that the value of the services does not exceed 5 percent of the total non-Federal financial support of the entity in such fiscal year. (10) The term 'preoperational expenses' means all nonconstruction costs incurred by new telecommunications entities before the date on which they begin providing service to the public, and all nonconstruction costs associated with expansion of existing entities before the date on which such expanded capacity is activated, except that such expenses shall not include any portion of the salaries of any personnel employed by an operating public telecommunications entity. (11) The term 'public broadcasting entity' means the Corporation, any licensee or permittee of a public broadcast station, or any nonprofit institution engaged primarily in the production, acquisition, distribution, or dissemination of educational and cultural television or radio programs. (12) The term 'public telecommunications entity' means any enterprise which - (A) is a public broadcast station or a noncommercial telecommunications entity; and (B) disseminates public telecommunications services to the public. (13) The term 'public telecommunications facilities' means apparatus necessary for production, interconnection, captioning, broadcast, or other distribution of programming, including, but not limited to, studio equipment, cameras, microphones, audio and video storage or reproduction equipment, or both, signal processors and switchers, towers, antennas, transmitters, translators, microwave equipment, mobile equipment, satellite communications equipment, instructional television fixed service equipment, subsidiary communications authorization transmitting and receiving equipment, cable television equipment, video and audio cassettes and discs, optical fiber communications equipment, and other means of transmitting, emitting, storing, and receiving images and sounds, or intelligence, except that such term does not include the buildings to house such apparatus (other than small equipment shelters which are part of satellite earth stations, translators, microwave interconnection facilities, and similar facilities). (14) The term 'public telecommunications services' means noncommercial educational and cultural radio and television programs, and related noncommercial instructional or informational material that may be transmitted by means of electronic communications. (15) The term 'Secretary' means the Secretary of Commerce when such term is used in subpart A and subpart B, and the Secretary of Health and Human Services when such term is used in subpart C, subpart D, and this subpart. (16) The term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (17) The term 'system of public telecommunications entities' means any combination of public telecommunications entities acting cooperatively to produce, acquire, or distribute programs, or to undertake related activities. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 397, formerly Sec. 394, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, and renumbered and amended Nov. 7, 1967, Pub. L. 90-129, title I, Sec. 103(f), 105, 106, title II, Sec. 201(3), (6), 81 Stat. 366-368; Dec. 31, 1975, Pub. L. 94-192, Sec. 5, 89 Stat. 1100; June 5, 1976, Pub. L. 94-309, Sec. 6, 90 Stat. 684; Nov. 2, 1978, Pub. L. 95-567, title IV, Sec. 401, 92 Stat. 2422; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1234(b), 95 Stat. 736; Oct. 18, 1990, Pub. L. 101-437, title II, Sec. 203(b), 104 Stat. 1000.) -REFTEXT- REFERENCES IN TEXT This part, referred to in provision preceding par. (1), commences with section 390 of this title. -MISC2- PRIOR PROVISIONS A prior section 397, act June 19, 1934, ch. 652, title III, Sec. 397, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, and renumbered Sec. 398 by Pub. L. 90-129, title II, Sec. 201(3), Nov. 7, 1967, 81 Stat. 368, which prohibited Federal interference or control, is classified to section 398 of this title. AMENDMENTS 1990 - Par. (2). Pub. L. 101-437, Sec. 203(b)(1), substituted 'subpart D' for 'subpart C'. Par. (15). Pub. L. 101-437, Sec. 203(b)(2), inserted 'and subpart B' after 'subpart A' and substituted 'subpart C, subpart D' for 'subpart B, subpart C'. 1981 - Par. (15). Pub. L. 97-35 substituted 'Health and Human Services' for 'Health, Education, and Welfare'. 1978 - Pub. L. 95-567, revised definition of 'construction', 'corporation', 'interconnection', 'noncommercial educational broadcast station', 'non-Federal financial support', 'Secretary' and 'State', inserted definitions of 'meeting', 'interconnection system', 'noncommercial telecommunications entity', 'preoperational expenses', 'public telecommunications entity', 'public telecommunications facilities', and 'public telecommunications services', and deleted definitions of 'educational television or radio programs' and 'State educational television agency' in order to make such definitions consistent with the chapter as amended. 1976 - Par. (2). Pub. L. 94-309 substituted 'transmission and reception apparatus' for 'transmission apparatus' and 'closed circuit television or radio programs' for 'closed circuit television programs' and inserted in parenthetical text reference to non-video recording equipment, radio subcarrier receivers and satellite transceivers. 1975 - Pars. (10), (11). Pub. L. 94-192 added pars. (10) and (11). 1967 - Par. (1). Pub. L. 90-129, Sec. 105(a), included the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands in definition of 'State'. Par. (2). Pub. L. 90-129, Sec. 103(f)(1), 106, provided for application of term 'construction' to educational radio broadcasting facilities and defined such term to include acquisition and installation of transmission apparatus necessary for radio broadcasting, and included costs of planning, respectively. Par. (4). Pub. L. 90-129, Sec. 103(f)(2), 105(b), substituted 'The terms 'State educational television agency' and 'State educational radio agency' mean, with respect to television broadcasting and radio broadcasting, respectively,' for 'The term 'State educational television agency' means' and 'such broadcasting' for 'educational television' in cls. (A) and (B), and defined 'Governor' to include the High Commissioner of the Trust Territory of the Pacific Islands, respectively. Pars. (6) to (9). Pub. L. 90-129, Sec. 201(6), added pars. (6) to (9). EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 of Pub. L. 95-567, set out as a note under section 390 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 17 sections 110, 111, 114, 118; title 20 sections 3913, 3914, 4086. ------DocID 54217 Document 204 of 303------ -CITE- 47 USC Sec. 398 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart e -HEAD- Sec. 398. Federal interference or control -STATUTE- (a) Prohibition Nothing contained in this part shall be deemed (1) to amend any other provision of, or requirement under, this chapter; or (2) except to the extent authorized in subsection (b) of this section, to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over public telecommunications, or over the Corporation or any of its grantees or contractors, or over the charter or bylaws of the Corporation, or over the curriculum, program of instruction, or personnel of any educational institution, school system, or public telecommunications entity. (b) Equal opportunity employment (1) Equal opportunity in employment shall be afforded to all persons by the Public Broadcasting Service and National Public Radio (or any successor organization) and by all public telecommunications entities receiving funds pursuant to subpart C (FOOTNOTE 1) (hereinafter in this subsection referred to as 'recipients'), in accordance with the equal employment opportunity regulations of the Commission, and no person shall be subjected to discrimination in employment by any recipient on the grounds of race, color, religion, national origin, or sex. (FOOTNOTE 1) See References in Text note below. (2)(A) The Secretary is authorized and directed to enforce this subsection and to prescribe such rules and regulations as may be necessary to carry out the functions of the Secretary under this subsection. (B) The Secretary shall provide for close coordination with the Commission in the administration of the responsibilities of the Secretary under this subsection which are of interest to or affect the functions of the Commission so that, to the maximum extent possible consistent with the enforcement responsibilities of each, the reporting requirements of public telecommunications entities shall be uniformly based upon consistent definitions and categories of information. (3)(A) The Corporation shall incorporate into each grant agreement or contract with any recipient entered into on or after the effective date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A), a statement indicating that, as a material part of the terms and conditions of the grant agreement or contract, the recipient will comply with the provisions of paragraph (1) and the rules and regulations prescribed pursuant to paragraph (2)(A). Any person which desires to be a recipient (within the meaning of paragraph (1)) of funds under subpart C (FOOTNOTE 1) shall, before receiving any such funds, provide to the Corporation any information which the Corporation may require to satisfy itself that such person is affording equal opportunity in employment in accordance with the requirements of this subsection. Determinations made by the Corporation in accordance with the preceding sentence shall be based upon guidelines relating to equal opportunity in employment which shall be established by rule by the Secretary. (B) If the Corporation is not satisfied that any such person is affording equal opportunity in employment in accordance with the requirements of this subsection, the Corporation shall notify the Secretary, and the Secretary shall review the matter and make a final determination regarding whether such person is affording equal opportunity in employment. In any case in which the Secretary conducts a review under the preceding sentence, the Corporation shall make funds available to the person involved pursuant to the grant application of such person (if the Corporation would have approved such application but for the finding of the Corporation under this paragraph) pending a final determination of the Secretary upon completion of such review. The Corporation shall monitor the equal employment opportunity practices of each recipient throughout the duration of the grant or contract. (C) The provisions of subparagraph (A) and subparagraph (B) shall take effect on the effective date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A). (4) Based upon its responsibilities under paragraph (3), the Corporation shall provide an annual report for the preceding fiscal year ending September 30 to the Secretary on or before the 15th day of February of each year. The report shall contain information in the form required by the Secretary. The Corporation shall submit a summary of such report to the President and the Congress as part of the report required in section 396(i) of this title. The Corporation shall provide other information in the form which the Secretary may require in order to carry out the functions of the Secretary under this subsection. (5) Whenever the Secretary makes a final determination, pursuant to the rules and regulations which the Secretary shall prescribe, that a recipient is not in compliance with paragraph (1), the Secretary shall, within 10 days after such determination, notify the recipient in writing of such determination and request the recipient to secure compliance. Unless the recipient within 120 days after receipt of such written notice - (A) demonstrates to the Secretary that the violation has been corrected; or (B) enters into a compliance agreement approved by the Secretary; the Secretary shall direct the Corporation to reduce or suspend any further payments of funds under this part to the recipient and the Corporation shall comply with such directive. Resumption of payments shall take place only when the Secretary certifies to the Corporation that the recipient has entered into a compliance agreement approved by the Secretary. A recipient whose funds have been reduced or suspended under this paragraph may apply at any time to the Secretary for such certification. (c) Control over content or distribution of programs Nothing in this section shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the content or distribution of public telecommunications programs and services, or over the curriculum or program of instruction of any educational institution or school system. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 398, formerly Sec. 397, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, and renumbered and amended Nov. 7, 1967, Pub. L. 90-129, title I, Sec. 103(g), title II, Sec. 201(3), (5), 81 Stat. 367, 368; Nov. 2, 1978, Pub. L. 95-567, title III, Sec. 309, 92 Stat. 2420; Nov. 7, 1988, Pub. L. 100-626, Sec. 9(b), 102 Stat. 3211.) -REFTEXT- REFERENCES IN TEXT This part, referred to in subsecs. (a) and (b)(5), commences with section 390 of this title. Subpart C, referred to in subsec. (b)(1), (3)(A), was redesignated subpart D by Pub. L. 101-437, title II, Sec. 203(a)(2), Oct. 18, 1990, 104 Stat. 998. -MISC2- AMENDMENTS 1988 - Subsec. (b)(1). Pub. L. 100-626, Sec. 9(b), inserted 'in accordance with the equal employment opportunity regulations of the Commission,' before 'and no person'. 1978 - Pub. L. 95-567 designated existing provisions as subsec. (a), substituted 'public telecommunications entity' and 'public telecommunications' for 'educational broadcasting station or system' and 'educational television or radio broadcasting', respectively, and added subsecs. (b) and (c). 1967 - Pub. L. 90-129, Sec. 103(g), 201(5), inserted 'or radio' and ', or over the Corporation or any of its grantees or contractors, or over the charter or bylaws of the Corporation,' before and after 'broadcasting', where first appearing, respectively. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 of Pub. L. 95-567, set out as a note under section 390 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 396 of this title. ------DocID 54218 Document 205 of 303------ -CITE- 47 USC Sec. 399 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart e -HEAD- Sec. 399. Support of political candidates prohibited -STATUTE- No noncommercial educational broadcasting station may support or oppose any candidate for political office. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 399, as added Nov. 7, 1967, Pub. L. 90-129, title II, Sec. 201(8), 81 Stat. 368, and amended Aug. 6, 1973, Pub. L. 93-84, Sec. 2, 87 Stat. 219; June 5, 1976, Pub. L. 94-309, Sec. 7, 90 Stat. 685; Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1229, 95 Stat. 730; Nov. 7, 1988, Pub. L. 100-626, Sec. 10, 102 Stat. 3211.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-626, in section catchline, substituted 'Support of' for 'Editorializing and support of', and in text, struck out provisions which prohibited editorializing by noncommercial educational broadcasting station which receives grant from Corporation under subpart C of this part. 1981 - Pub. L. 97-35 revised subsec. (a) into existing provisions and, as so revised, added requirement respecting grant under subpart C of this part, and struck out subsec. (b), which related to program recording of broadcasts where issues of public importance are discussed. 1976 - Subsec. (b)(5). Pub. L. 94-309 added par. (5). 1973 - Pub. L. 93-84 designated existing provisions as subsec. (a) and added subsec. (b). ------DocID 54219 Document 206 of 303------ -CITE- 47 USC Sec. 399a -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart e -HEAD- Sec. 399a. Use of business or institutional logograms -STATUTE- (a) 'Business or institutional logogram' defined For purposes of this section, the term 'business or institutional logogram' means any aural or visual letters or words, or any symbol or sign, which is used for the exclusive purpose of identifying any corporation, company, or other organization, and which is not used for the purpose of promoting the products, services, or facilities of such corporation, company, or other organization. (b) Permitted uses Each public television station and each public radio station shall be authorized to broadcast announcements which include the use of any business or institutional logogram and which include a reference to the location of the corporation, company, or other organization involved, except that such announcements may not interrupt regular programming. (c) Authority of Commission not limited The provisions of this section shall not be construed to limit the authority of the Commission to prescribe regulations relating to the manner in which logograms may be used to identify corporations, companies, or other organizations. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 399A, as added Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1230, 95 Stat. 730.) ------DocID 54220 Document 207 of 303------ -CITE- 47 USC Sec. 399b -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER III Part IV subpart e -HEAD- Sec. 399b. Offering of certain services, facilities, or products by public broadcast station -STATUTE- (a) 'Advertisement' defined For purposes of this section, the term 'advertisement' means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended - (1) to promote any service, facility, or product offered by any person who is engaged in such offering for profit; (2) to express the views of any person with respect to any matter of public importance or interest; or (3) to support or oppose any candidate for political office. (b) Offering of services, facilities, or products permitted; advertisements prohibited (1) Except as provided in paragraph (2), each public broadcast station shall be authorized to engage in the offering of services, facilities, or products in exchange for remuneration. (2) No public broadcast station may make its facilities available to any person for the broadcasting of any advertisement. (c) Use of funds from offering services, etc. Any public broadcast station which engages in any offering specified in subsection (b)(1) of this section may not use any funds distributed by the Corporation under section 396(k) of this title to defray any costs associated with such offering. Any such offering by a public broadcast station shall not interfere with the provision of public telecommunications services by such station. (d) Development of accounting system Each public broadcast station which engages in the activity specifed in subsection (b)(1) of this section shall, in consultation with the Corporation, develop an accounting system which is designed to identify any amounts received as remuneration for, or costs related to, such activities under this section, and to account for such amounts separately from any other amounts received by such station from any source. -SOURCE- (June 19, 1934, ch. 652, title III, Sec. 399B, as added Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1231, 95 Stat. 731.) ------DocID 54221 Document 208 of 303------ -CITE- 47 USC SUBCHAPTER IV -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS ------DocID 54222 Document 209 of 303------ -CITE- 47 USC Sec. 401 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 401. Enforcement provisions -STATUTE- (a) Jurisdiction The district courts of the United States shall have jurisdiction, upon application of the Attorney General of the United States at the request of the Commission, alleging a failure to comply with or a violation of any of the provisions of this chapter by any person, to issue a writ or writs of mandamus commanding such person to comply with the provisions of this chapter. (b) Orders of Commission If any person fails or neglects to obey any order of the Commission other than for the payment of money, while the same is in effect, the Commission or any party injured thereby, or the United States, by its Attorney General, may apply to the appropriate district court of the United States for the enforcement of such order. If, after hearing, that court determines that the order was regularly made and duly served, and that the person is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such person or the officers, agents, or representatives of such person, from further disobedience of such order, or to enjoin upon it or them obedience to the same. (c) Duty to prosecute Upon the request of the Commission it shall be the duty of any United States attorney to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this chapter and for the punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 401, 48 Stat. 1092; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Dec. 21, 1974, Pub. L. 93-528, Sec. 6(a), 88 Stat. 1709.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original 'this Act', meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. -MISC2- AMENDMENTS 1974 - Subsec. (d). Pub. L. 93-528 repealed subsec. (d) which provided that the provisions of sections 28 and 29 of title 15, section 345(1) of title 28, and sections 44 and 45 of title 49, shall be held to apply to any suit in equity arising under sections 201 to 222 of this title, wherein the United States is complainant. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorney' for 'district attorney' in subsec. (c). See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Application, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rules on this section, see notes by Advisory Committee under rules 54 and 81. Judgment and costs, see rule 54. ------DocID 54223 Document 210 of 303------ -CITE- 47 USC Sec. 402 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 402. Judicial review of Commission's orders and decisions -STATUTE- (a) Procedure Any proceeding to enjoin, set aside, annul, or suspend any order of the Commission under this chapter (except those appealable under subsection (b) of this section) shall be brought as provided by and in the manner prescribed in chapter 158 of title 28. (b) Right to appeal Appeals may be taken from decisions and orders of the Commission to the United States Court of Appeals for the District of Columbia in any of the following cases: (1) By any applicant for a construction permit or station license, whose application is denied by the Commission. (2) By any applicant for the renewal or modification of any such instrument of authorization whose application is denied by the Commission. (3) By any party to an application for authority to transfer, assign, or dispose of any such instrument of authorization, or any rights thereunder, whose application is denied by the Commission. (4) By any applicant for the permit required by section 325 of this title whose application has been denied by the Commission, or by any permittee under said section whose permit has been revoked by the Commission. (5) By the holder of any construction permit or station license which has been modified or revoked by the Commission. (6) By any other person who is aggrieved or whose interests are adversely affected by any order of the Commission granting or denying any application described in paragraphs (1) to (4) of this subsection. (7) By any person upon whom an order to cease and desist has been served under section 312 of this title. (8) By any radio operator whose license has been suspended by the Commission. (c) Filing notice of appeal; contents; jurisdiction; temporary orders Such appeal shall be taken by filing a notice of appeal with the court within thirty days from the date upon which public notice is given of the decision or order complained of. Such notice of appeal shall contain a concise statement of the nature of the proceedings as to which the appeal is taken; a concise statement of the reasons on which the appellant intends to rely, separately stated and numbered; and proof of service of a true copy of said notice and statement upon the Commission. Upon filing of such notice, the court shall have jurisdiction of the proceedings and of the questions determined therein and shall have power, by order, directed to the Commission or any other party to the appeal, to grant such temporary relief as it may deem just and proper. Orders granting temporary relief may be either affirmative or negative in their scope and application so as to permit either the maintenance of the status quo in the matter in which the appeal is taken or the restoration of a position or status terminated or adversely affected by the order appealed from and shall, unless otherwise ordered by the court, be effective pending hearing and determination of said appeal and compliance by the Commission with the final judgment of the court rendered in said appeal. (d) Notice to interested parties; filing of record Upon the filing of any such notice of appeal the appellant shall, not later than five days after the filing of such notice, notify each person shown by the records of the Commission to be interested in said appeal of the filing and pendency of the same. The Commission shall file with the court the record upon which the order complained of was entered, as provided in section 2112 of title 28. (e) Intervention Within thirty days after the filing of any such appeal any interested person may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a verified statement showing the nature of the interest of such party, together with proof of service of true copies of said notice and statement, both upon appellant and upon the Commission. Any person who would be aggrieved or whose interest would be adversely affected by a reversal or modification of the order of the Commission complained of shall be considered an interested party. (f) Records and briefs The record and briefs upon which any such appeal shall be heard and determined by the court shall contain such information and material, and shall be prepared within such time and in such manner as the court may by rule prescribe. (g) Time of hearing; procedure The court shall hear and determine the appeal upon the record before it in the manner prescribed by section 706 of title 5. (h) Remand In the event that the court shall render a decision and enter an order reversing the order of the Commission, it shall remand the case to the Commission to carry out the judgment of the court and it shall be the duty of the Commission, in the absence of the proceedings to review such judgment, to forthwith give effect thereto, and unless otherwise ordered by the court, to do so upon the basis of the proceedings already had and the record upon which said appeal was heard and determined. (i) Judgment for costs The court may, in its discretion, enter judgment for costs in favor of or against an appellant, or other interested parties intervening in said appeal, but not against the Commission, depending upon the nature of the issues involved upon said appeal and the outcome thereof. (j) Finality of decision; review by Supreme Court The court's judgment shall be final, subject, however, to review by the Supreme Court of the United States upon writ of certiorari on petition therefor under section 1254 of title 28, by the appellant, by the Commission, or by any interested party intervening in the appeal, or by certification by the court pursuant to the provisions of that section. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 402, 48 Stat. 1093; May 20, 1937, ch. 229, Sec. 11-13, 50 Stat. 197; May 24, 1949, ch. 139, Sec. 132, 63 Stat. 108; July 16, 1952, ch. 879, Sec. 14, 66 Stat. 718; Aug. 28, 1958, Pub. L. 85-791, Sec. 12, 72 Stat. 945; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 121, 127(b), 96 Stat. 1097, 1099; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 402(50), 98 Stat. 3361.) -MISC1- AMENDMENTS 1984 - Subsec. (g). Pub. L. 98-620 substituted 'The' for 'At the earliest convenient time the' and '706 of title 5' for '10(e) of the Administrative Procedure Act (former 5 U.S.C. 1009(e))'. 1982 - Subsec. (a). Pub. L. 97-259, Sec. 127(b), substituted 'chapter 158 of title 28' for 'Public Law 901, Eighty-first Congress, approved December 29, 1950'. Subsec. (d). Pub. L. 97-259, Sec. 121, substituted 'appellant' for 'Commission', 'filing of such notice' for 'date of service upon it', struck out 'and shall thereafter permit any such person to inspect and make copies of said notice and statement of reasons therefor at the office of the Commission in the city of Washington' after 'pendency of the same', and substituted 'The' for 'Within thirty days after the filing of an appeal, the' before 'Commission shall file'. 1958 - Subsec. (d). Pub. L. 85-791 substituted 'the record upon which the order complained of was entered, as provided in section 2112 of title 28,' for 'a copy of the order complained of, a full statement in writing of the facts and grounds relied upon by it in support of the order involved upon said appeal, and the originals or certified copies of all papers and evidence presented to and considered by it in entering said order' in second sentence. 1952 - Act July 16, 1952, amended section generally to set up the procedure for the judicial review of the Commission's orders and decisions. 1949 - Subsec. (a). Act May 24, 1949, substituted 'Title 28 of the United States Code' for 'the Act of October 22, 1913 (38 Stat. 219)', and 'such Title 28' in lieu of 'that Act'. 1937 - Subsec. (a). Act May 20, 1937, Sec. 11, inserted ', or suspending a radio operator's license' after 'or for modifications of an existing radio station license'. Subsec. (b)(3). Act May 20, 1937, Sec. 12, added par. (3) relating to appeal from decisions in case of any radio operator whose license has been suspended by the Commission. Subsec. (c). Act May 20, 1937, Sec. 13, inserted in last sentence 'or order' after 'upon the application'. -CHANGE- CHANGE OF NAME Act June 7, 1934, ch. 426, 48 Stat. 926, changed name of 'Court of Appeals of the District of Columbia' to 'United States Court of Appeals for the District of Columbia'. -MISC4- EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1952 AMENDMENT Section 19(2) of act July 16, 1952, provided that: 'The amendments made by this Act to section 402 of the Communications Act of 1934 (this section) (relating to judicial review of orders and decisions of the Commission) shall not apply with respect to any action or appeal which is pending before any court on the date of enactment of this Act (July 16, 1952).' ADMINISTRATIVE ORDERS REVIEW ACT Court of appeals exclusive jurisdiction respecting final orders of Federal Communications Commission made reviewable by subsec. (a) of this section, see section 2342 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 204, 208, 405, 503 of this title; title 28 section 2342. ------DocID 54224 Document 211 of 303------ -CITE- 47 USC Sec. 403 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 403. Inquiry by Commission on its own motion -STATUTE- The Commission shall have full authority and power at any time to institute an inquiry, on its own motion, in any case and as to any matter or thing concerning which complaint is authorized to be made, to or before the Commission by any provision of this chapter, or concerning which any question may arise under any of the provisions of this chapter, or relating to the enforcement of any of the provisions of this chapter. The Commission shall have the same powers and authority to proceed with any inquiry instituted on its own motion as though it had been appealed to by complaint or petition under any of the provisions of this chapter, including the power to make and enforce any order or orders in the case, or relating to the matter or thing concerning which the inquiry is had, excepting orders for the payment of money. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 403, 48 Stat. 1094.) ------DocID 54225 Document 212 of 303------ -CITE- 47 USC Sec. 404 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 404. Reports of investigations -STATUTE- Whenever an investigation shall be made by the Commission it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises; and in case damages are awarded such report shall include the findings of fact on which the award is made. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 404, 48 Stat. 1094.) ------DocID 54226 Document 213 of 303------ -CITE- 47 USC Sec. 405 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 405. Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order -STATUTE- (a) After an order, decision, report, or action has been made or taken in any proceeding by the Commission, or by any designated authority within the Commission pursuant to a delegation under section 155(c)(1) of this title, any party thereto, or any other person aggrieved or whose interests are adversely affected thereby, may petition for reconsideration only to the authority making or taking the order, decision, report, or action; and it shall be lawful for such authority, whether it be the Commission or other authority designated under section 155(c)(1) of this title, in its discretion, to grant such a reconsideration if sufficient reason therefor be made to appear. A petition for reconsideration must be filed within thirty days from the date upon which public notice is given of the order, decision, report, or action complained of. No such application shall excuse any person from complying with or obeying any order, decision, report, or action of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. The filing of a petition for reconsideration shall not be a condition precedent to judicial review of any such order, decision, report, or action, except where the party seeking such review (1) was not a party to the proceedings resulting in such order, decision, report, or action, or (2) relies on questions of fact or law upon which the Commission, or designated authority within the Commission, has been afforded no opportunity to pass. The Commission, or designated authority within the Commission, shall enter an order, with a concise statement of the reasons therefor, denying a petition for reconsideration or granting such petition, in whole or in part, and ordering such further proceedings as may be appropriate: Provided, That in any case where such petition relates to an instrument of authorization granted without a hearing, the Commission, or designated authority within the Commission, shall take such action within ninety days of the filing of such petition. Reconsiderations shall be governed by such general rules as the Commission may establish, except that no evidence other than newly discovered evidence, evidence which has become available only since the original taking of evidence, or evidence which the Commission or designated authority within the Commission believes should have been taken in the original proceeding shall be taken on any reconsideration. The time within which a petition for review must be filed in a proceeding to which section 402(a) of this title applies, or within which an appeal must be taken under section 402(b) of this title in any case, shall be computed from the date upon which the Commission gives public notice of the order, decision, report, or action complained of. (b)(1) Within 90 days after receiving a petition for reconsideration of an order concluding a hearing under section 204(a) of this title or concluding an investigation under section 208(b) of this title, the Commission shall issue an order granting or denying such petition. (2) Any order issued under paragraph (1) shall be a final order and may be appealed under section 402(a) of this title. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 405, 48 Stat. 1095; July 16, 1952, ch. 879, Sec. 15, 66 Stat. 720; Sept. 13, 1960, Pub. L. 86-752, Sec. 4(c), 74 Stat. 892; Aug. 31, 1961, Pub. L. 87-192, Sec. 3, 75 Stat. 421; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 122, 127(c), 96 Stat. 1097, 1099; Nov. 3, 1988, Pub. L. 100-594, Sec. 8(d), 102 Stat. 3023.) -COD- CODIFICATION 'Reconsiderations' substituted in text for 'Rehearings' as the probable intent of Congress, in view of amendment by section 127(c)(1) of Pub. L. 97-259, which substituted 'reconsideration' for 'rehearing' wherever appearing in this section. -MISC3- AMENDMENTS 1988 - Pub. L. 100-594 designated existing provisions as subsec. (a), substituted 'section 155(c)(1)' for 'section 155(d)(1)' in two places, and added subsec. (b). 1982 - Pub. L. 97-259 substituted 'reconsideration' for 'rehearing' wherever appearing and 'the Commission gives public notice of the order, decision, report, or action complained of' for 'public notice is given of orders disposing of all petitions for rehearing filed with the Commission in such proceeding or case, but any order, decision, report, or action made or taken after such rehearing reversing, changing, or modifying the original order shall be subject to the same provisions with respect to rehearing as an original order'. 1961 - Pub. L. 87-192 provided for petition for rehearing to the authority making or taking the order, decision, report, or action, substituted references to report and action for requirement, wherever else appearing, and inserted references to proceeding by any designated authority within the Commission, wherever appearing. 1960 - Pub. L. 86-752 substituted 'any party' for 'and party' in first sentence, and inserted sentence dealing with disposition of petitions for rehearing. 1952 - Act July 16, 1952, provided for taking of newly discovered evidence and evidence which should have been taken in original hearing. EFFECTIVE DATE OF 1960 AMENDMENT Section 4(d)(4) of Pub. L. 86-752 provided that: 'The amendment made by paragraph (2) of subsection (c) of this section (amending this section) shall only apply to petitions for rehearing filed on or after the date of the enactment of this Act (Sept. 13, 1960).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 155, 309 of this title. ------DocID 54227 Document 214 of 303------ -CITE- 47 USC Sec. 406 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 406. Compelling furnishing of facilities; mandamus; jurisdiction -STATUTE- The district courts of the United States shall have jurisdiction upon the relation of any person alleging any violation, by a carrier subject to this chapter, of any of the provisions of this chapter which prevent the relator from receiving service in interstate or foreign communication by wire or radio, or in interstate or foreign transmission of energy by radio, from said carrier at the same charges, or upon terms or conditions as favorable as those given by said carrier for like communication or transmission under similar conditions to any other person, to issue a writ or writs of mandamus against said carrier commanding such carrier to furnish facilities for such communication or transmission to the party applying for the writ: Provided, That if any question of fact as to the proper compensation to the carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper pending the determination of the question of fact: Provided further, That the remedy given by writ of mandamus shall be cumulative and shall not be held to exclude or interfere with other remedies provided by this chapter. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 406, 48 Stat. 1095.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Application, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rules on this section, see note by Advisory Committee under rule 81. ------DocID 54228 Document 215 of 303------ -CITE- 47 USC Sec. 407 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 407. Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys' fees -STATUTE- If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the line of the carrier runs, or in any State court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suits the findings and order of the Commission shall be prima facie evidence of the facts therein stated, except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail, he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 407, 48 Stat. 1095.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Complaint in civil action, see rules 3 and 7, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 54229 Document 216 of 303------ -CITE- 47 USC Sec. 408 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 408. Order not for payment of money; when effective -STATUTE- Except as otherwise provided in this chapter, all orders of the Commission, other than orders for the payment of money, shall take effect thirty calendar days from the date upon which public notice of the order is given, unless the Commission designates a different effective date. All such orders shall continue in force for the period of time specified in the order or until the Commission or a court of competent jurisdiction issues a superseding order. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 408, 48 Stat. 1096; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 123, 96 Stat. 1098.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-259 substituted provision that all orders of the Commission but for payment of money shall take effect thirty calendar days from the date upon which public notice of the order is given, unless the Commission designates a different effective date, and that such orders shall continue in force for the period of time specified in the order or until the Commission or a court of competent jurisdiction issues a superseding order, for provision that such orders would take effect within such reasonable time, not less than thirty days after service of the order, and would continue in force until its further order, or for a specified period of time, as prescribed in the order, unless the same were suspended or modified or set aside by the Commission, or suspended or set aside by a court of competent jurisdiction. ------DocID 54230 Document 217 of 303------ -CITE- 47 USC Sec. 409 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 409. Hearings -STATUTE- (a) Filing of initial decisions; exceptions In every case of adjudication (as defined in section 551 of title 5) which has been designated by the Commission for hearing, the person or persons conducting the hearing shall prepare and file an initial, tentative, or recommended decision, except where such person or persons become unavailable to the Commission or where the Commission finds upon the record that due and timely execution of its functions imperatively and unavoidably require that the record be certified to the Commission for initial or final decision. (b) Exceptions to initial decisions; memoranda; determination of Commission or authority within Commission; prohibition against consideration of own decision In every case of adjudication (as defined in section 551 of title 5) which has been designated by the Commission for hearing, any party to the proceeding shall be permitted to file exceptions and memoranda in support thereof to the initial, tentative, or recommended decision, which shall be passed upon by the Commission or by the authority within the Commission, if any, to whom the function of passing upon the exceptions is delegated under section 155(d)(1) (FOOTNOTE 1) of this title: Provided, however, That such authority shall not be the same authority which made the decision to which the exception is taken. (FOOTNOTE 1) See References in Text note below. (c) Notice and opportunity for participation by parties; applicability of administrative procedure provisions (1) In any case of adjudication (as defined in section 551 of title 5) which has been designated by the Commission for a hearing, no person who has participated in the presentation or preparation for presentation of such case at the hearing or upon review shall (except to the extent required for the disposition of ex parte matters as authorized by law) directly or indirectly make any additional presentation respecting such case to the hearing officer or officers or to the Commission, or to any authority within the Commission to whom, in such case, review functions have been delegated by the Commission under section 155(d)(1) (FOOTNOTE 1) of this title, unless upon notice and opportunity for all parties to participate. (2) The provision in section 554(d) of title 5 which states that such subsection shall not apply in determining applications for initial licenses, shall not be applicable hereafter in the case of applications for initial licenses before the Federal Communications Commission. (d) Applicability of administrative procedure provisions To the extent that the foregoing provisions of this section and section 155(d) (FOOTNOTE 1) of this title are in conflict with the provisions of subchapter II of chapter 5, and chapter 7, of title 5, such provisions of this section and section 155(d) (FOOTNOTE 1) of this title shall be held to supersede and modify the provisions of subchapter II of chapter 5, and chapter 7, of title 5. (e) Subpenas; witnesses; production of documents; fees and mileage For the purposes of this chapter the Commission shall have the power to require by subpena the attendance and testimony of witnesses and the production of all books, papers, schedules of charges, contracts, agreements, and documents relating to any matter under investigation. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (f) Designated place of hearing; aid in enforcement of orders Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpena the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. (g) Contempts Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any common carrier or licensee or other person, issue an order requiring such common carrier, licensee, or other person to appear before the Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. (h) Depositions The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation pending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any United States commissioner, or any clerk of a district court, or any chancellor, justice, or judge of a supreme or superior court, mayor, or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission, as hereinbefore provided. (i) Oaths; testimony in writing Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. (j) Foreign depositions If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission. (k) Deposition fees Witnesses whose depositions are taken as authorized in this chapter, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (l) Repealed. Pub. L. 91-452, title II, Sec. 242, Oct. 15, 1970, 84 Stat. 930 (m) Penalties Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, schedules of charges, contracts, agreements, and documents, if in his power to do so, in obedience to the subpena or lawful requirement of the Commission, shall be guilty of a misdemeanor and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $100 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 409, 48 Stat. 1096; July 16, 1952, ch. 879, Sec. 16, 66 Stat. 721; Aug. 31, 1961, Pub. L. 87-192, Sec. 4, 75 Stat. 422; Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 242, 84 Stat. 930.) -REFTEXT- REFERENCES IN TEXT Section 155(d) of this title, referred to in subsecs. (b), (c), and (d), was redesignated section 155(c) of this title by Pub. L. 97-259, title I, Sec. 105(b), Sept. 13, 1982, 96 Stat. 1091. -COD- CODIFICATION In subsecs. (a), (b), and (c)(1), 'adjudication (as defined in section 551 of title 5)' substituted for 'adjudication (as defined in the Administrative Procedure Act)', in subsec. (c)(2) 'section 554(d) of title 5' substituted for 'subsection (c) of section 5 of the Administrative Procedure Act', and in subsec. (d) 'subchapter II of chapter 5, and chapter 7, of title 5' substituted for 'the Administrative Procedure Act' and 'that Act', respectively, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1970 - Subsec. (l). Pub. L. 91-452 struck out subsec. (l) which related to the immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination. 1961 - Subsec. (a). Pub. L. 87-192 substituted provision for filing of initial decisions, with stated exceptions, formerly contained in first sentence of subsec. (b) of this section but amplified to include tentative or recommended decisions, for provision relating to assignment of cases to examiners. Subsec. (b). Pub. L. 87-192 provided for filing of memoranda in support of exceptions to initial, tentative, or recommended decisions, to be passed upon by the Commission or the designated authority within the Commission, and eliminated provisions for oral argument on the exceptions, filing of initial decisions, with stated exceptions, incorporated in subsec. (a) of this section, and making all decisions part of the record and requiring the decisions to include a statement of findings, and conclusions upon all material issues of fact, law, or discretion and the appropriate decision, order, or requirement. See section 557 of Title 5, Government Organization and Employees. Subsec. (c). Pub. L. 87-192 continued requirement of notice and opportunity for participation by all parties when person seeks to make any additional presentation of case, having previously participated in the presentation of or preparation for presentation of the case, made applicable provisions of section 554(d) of Title 5 to applications for initial licenses and eliminated provisions for separation of functions of examiners from the investigative and prosecutory functions of persons engaged in performance of such functions, prohibition against consultation with Commission or any member or employee thereof with respect to initial decisions or exceptions taken to findings, rulings or recommendations, prohibition against members of Office of The General Counsel, Office of the Chief Engineer or the Office of the Chief Accountant from making any presentations respecting a case, and prohibition against persons engaged in performance of investigative or prosecuting functions for the Commission from consulting in any case of adjudication. Subsec. (d). Pub. L. 87-192 inserted references to section 155(d) of this title. 1952 - Act July 16, 1952, amended section generally, inserting subsecs. (a) to (d) and redesignating former subsecs. (b) to (j) as (e) to (m), respectively. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provisions note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISIONS Section 5 of Pub. L. 87-192 provided that: 'Notwithstanding the foregoing provisions of this Act (amending this section and sections 155 and 405 of this title), the second sentence of subsection (b) of section 409 of the Communications Act of 1934 (subsec. (b) of this section) (which relates to the filing of exceptions and the presentation of oral argument), as in force at the time of the enactment of this Act (Aug. 31, 1961), shall continue to be applicable with respect to any case of adjudication (as defined in the Administrative Procedure Act) (see sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees) designated by the Federal Communications Commission for hearing by a notice of hearing issued prior to the date of the enactment of this Act.' -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 410 of this title; title 21 sections 467d, 677, 1051. ------DocID 54231 Document 218 of 303------ -CITE- 47 USC Sec. 410 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 410. Joint boards and commissions -STATUTE- (a) State joint boards; reference of communication matters; composition; jurisdiction, powers, duties, and obligations; conduct of proceedings; force and effect of joint board action; members: nomination, appointment, and rejection; allowances for expenses Except as provided in section 409 of this title, the Commission may refer any matter arising in the administration of this chapter to a joint board to be composed of a member, or of an equal number of members, as determined by the Commission, from each of the States in which the wire or radio communication affected by or involved in the proceeding takes place or is proposed. For purposes of acting upon such matter any such board shall have all the jurisdiction and powers conferred by law upon an examiner provided for in section 3105 of title 5, designated by the Commission, and shall be subject to the same duties and obligations. The action of a joint board shall have such force and effect and its proceedings shall be conducted in such manner as the Commission shall by regulations prescribe. The joint board member or members for each State shall be nominated by the State commission of the State or by the Governor if there is no State commission, and appointed by the Federal Communications Commission. The Commission shall have discretion to reject any nominee. Joint board members shall receive such allowances for expenses as the Commission shall provide. (b) State commissions; conferences with Commission regarding matters of carriers subject to their jurisdiction; joint hearings; cooperation with Commission The Commission may confer with any State commission having regulatory jurisdiction with respect to carriers, regarding the relationship between rate structures, accounts, charges, practices, classifications, and regulations of carriers subject to the jurisdiction of such State commission and of the Commission; and the Commission is authorized under such rules and regulations as it shall prescribe to hold joint hearings with any State commission in connection with any matter with respect to which the Commission is authorized to act. The Commission is authorized in the administration of this chapter to avail itself of such cooperation, services, records, and facilities as may be afforded by any State commission. (c) Federal-State Joint Board; reference of proceedings regarding jurisdictional separation of common carrier property and expenses between interstate and intrastate operations and other matters relating to common carrier communications of joint concern; jurisdiction, powers, duties, and obligations; recommendation of decisions; State members; presence at oral arguments and nonvoting participation in deliberations; composition; Chairman The Commission shall refer any proceeding regarding the jurisdictional separation of common carrier property and expenses between interstate and intrastate operations, which it institutes pursuant to a notice of proposed rulemaking and, except as provided in section 409 of this title, may refer any other matter, relating to common carrier communications of joint Federal-State concern, to a Federal-State Joint Board. The Joint Board shall possess the same jurisdiction, powers, duties, and obligations as a joint board established under subsection (a) of this section, and shall prepare a recommended decision for prompt review and action by the Commission. In addition, the State members of the Joint Board shall sit with the Commission en banc at any oral argument that may be scheduled in the proceeding. The Commission shall also afford the State members of the Joint Board an opportunity to participate in its deliberations, but not vote, when it has under consideration the recommended decision of the Joint Board or any further decisional action that may be required in the proceeding. The Joint Board shall be composed of three Commissioners of the Commission and of four State commissioners nominated by the national organization of the State commissions, as referred to in sections 10344(f) and 11506 of title 49, and approved by the Commission. The Chairman of the Commission, or another Commissioner designated by the Commission, shall serve as Chairman of the Joint Board. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 410, 48 Stat. 1098; July 16, 1952, ch. 879, Sec. 17, 66 Stat. 722; Aug. 2, 1956, ch. 874, Sec. 4, 70 Stat. 932; Sept. 30, 1971, Pub. L. 92-131, Sec. 2, 85 Stat. 363.) -COD- CODIFICATION In subsec. (a), 'section 3105 of title 5' substituted for 'section 11 of the Administrative Procedure Act (5 U.S.C. 1010)' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. In subsec. (c), 'sections 10344(f) and 11506 of title 49' substituted for 'sections 202(b) and 205(f) of the Interstate Commerce Act (49 U.S.C. 302(b), 305(f))' on authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (Sec. 10101 et seq.) of Title 49, Transportation. -MISC3- AMENDMENTS 1971 - Subsec. (c). Pub. L. 92-131 added subsec. (c). 1956 - Subsec. (a). Act Aug. 2, 1956, inserted in second sentence 'and examiner provided for in section 3105 of title 5, designated by' after 'the Commissioner'. 1952 - Subsec. (a). Act July 16, 1952, inserted first sentence so as to bring these provisions in conformity with section 409 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 225 of this title. ------DocID 54232 Document 219 of 303------ -CITE- 47 USC Sec. 411 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 411. Joinder of parties -STATUTE- (a) In any proceeding for the enforcement of the provisions of this chapter, whether such proceeding be instituted before the Commission or be begun originally in any district court of the United States, it shall be lawful to include as parties, in addition to the carrier, all persons interested in or affected by the charge, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to carriers. (b) In any suit for the enforcement of an order for the payment of money all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal operating office. In case of such joint suit, the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 411, 48 Stat. 1098.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Territorial limits of effective service of process, see rule 4, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 54233 Document 220 of 303------ -CITE- 47 USC Sec. 412 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 412. Documents filed with Commission as public records; prima facie evidence; confidential records -STATUTE- The copies of schedules of charges, classifications, and of all contracts, agreements, and arrangements between common carriers filed with the Commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers and other persons made to the Commission as required under the provisions of this chapter shall be preserved as public records in the custody of the secretary of the Commission, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Commission and in all judicial proceedings; and copies of and extracts from any of said schedules, classifications, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the secretary, under the Commission's seal, shall be received in evidence with like effect as the originals: Provided, That the Commission may, if the public interest will be served thereby, keep confidential any contract, agreement, or arrangement relating to foreign wire or radio communication when the publication of such contract, agreement, or arrangement would place American communication companies at a disadvantage in meeting the competition of foreign communication companies. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 412, 48 Stat. 1099.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Effect of rule 44 on this section, see note by Advisory Committee under rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. Proof of official records, see rule 44. ------DocID 54234 Document 221 of 303------ -CITE- 47 USC Sec. 413 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 413. Designation of agent for service; method of service -STATUTE- It shall be the duty of every carrier subject to this chapter, within sixty days after the taking effect of this chapter, to designate in writing an agent in the District of Columbia, upon whom service of all notices and process and all orders, decisions, and requirements of the Commission may be made for and on behalf of said carrier in any proceeding or suit pending before the Commission, and to file such designation in the office of the secretary of the Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and process and orders, decisions, and requirements of the Commission may be made upon such carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the District of Columbia, with like effect as if made personally upon such carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Commission, or of any order, decision, or requirement of the Commission, may be made by posting such notice, process, order, requirement, or decision in the office of the secretary of the Commission. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 413, 48 Stat. 1099.) -REFTEXT- REFERENCES IN TEXT For the effective date of this chapter, referred to in text, see section 607 of this title. ------DocID 54235 Document 222 of 303------ -CITE- 47 USC Sec. 414 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 414. Exclusiveness of chapter -STATUTE- Nothing in this chapter contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 414, 48 Stat. 1099.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Act', meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. ------DocID 54236 Document 223 of 303------ -CITE- 47 USC Sec. 415 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 415. Limitations of actions -STATUTE- (a) Recovery of charges by carrier All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after. (b) Recovery of damages All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section. (c) Recovery of overcharges For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include two years from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice. (d) Extension If on or before expiration of the period of limitation in subsection (b) or (c) of this section a carrier begins action under subsection (a) of this section for recovery of lawful charges in respect of the same service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier. (e) Accrual of cause of action for transmission of message The cause of action in respect of the transmission of a message shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after. (f) Enforcement petition A petition for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after. (g) 'Overcharges' defined The term 'overcharges' as used in this section shall be deemed to mean charges for services in excess of those applicable thereto under the schedules of charges lawfully on file with the Commission. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 415, 48 Stat. 1099; Nov. 30, 1974, Pub. L. 93-507, 88 Stat. 1577.) -MISC1- AMENDMENTS 1974 - Subsecs. (a) to (c). Pub. L. 93-507 amended subsecs. (a) to (c) generally, substituting reference to two years for reference to one year wherever appearing. ------DocID 54237 Document 224 of 303------ -CITE- 47 USC Sec. 416 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 416. Orders of Commission -STATUTE- (a) Service Every order of the Commission shall be forthwith served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law. (b) Suspension or modification Except as otherwise provided in this chapter, the Commission is authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper. (c) Compliance It shall be the duty of every person, its agents and employees, and any receiver or trustee thereof, to observe and comply with such orders so long as the same shall remain in effect. -SOURCE- (June 19, 1934, ch. 652, title IV, Sec. 416, 48 Stat. 1100.) ------DocID 54238 Document 225 of 303------ -CITE- 47 USC SUBCHAPTER V -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 362, 386, 612 of this title. ------DocID 54239 Document 226 of 303------ -CITE- 47 USC Sec. 501 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 501. General penalty -STATUTE- Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing, in this chapter prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this chapter required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished for such offense, for which no penalty (other than a forfeiture) is provided in this chapter, by a fine of not more than $10,000 or by imprisonment for a term not exceeding one year, or both; except that any person, having been once convicted of an offense punishable under this section, who is subsequently convicted of violating any provision of this chapter punishable under this section, shall be punished by a fine of not more than $10,000 or by imprisonment for a term not exceeding two years, or both. -SOURCE- (June 19, 1934, ch. 652, title V, Sec. 501, 48 Stat. 1100; Mar. 23, 1954, ch. 104, 68 Stat. 30.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Act', meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. -MISC2- AMENDMENTS 1954 - Act Mar. 23, 1954, provided that any offense punishable hereunder, except a second or subsequent offense, should constitute a misdemeanor rather than a felony, as those terms are defined in section 1 of Title 18, Crimes and Criminal Procedure. ------DocID 54240 Document 227 of 303------ -CITE- 47 USC Sec. 502 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 502. Violation of rules, regulations, etc. -STATUTE- Any person who willfully and knowingly violates any rule, regulation, restriction, or condition made or imposed by the Commission under authority of this chapter, or any rule, regulation, restriction, or condition made or imposed by any international radio or wire communications treaty or convention, or regulations annexed thereto, to which the United States is or may hereafter become a party, shall, in addition to any other penalties provided by law, be punished, upon conviction thereof, by a fine of not more than $500 for each and every day during which such offense occurs. -SOURCE- (June 19, 1934, ch. 652, title V, Sec. 502, 48 Stat. 1100.) ------DocID 54241 Document 228 of 303------ -CITE- 47 USC Sec. 503 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 503. Forfeitures -STATUTE- (a) Rebates and offsets Any person who shall deliver messages for interstate or foreign transmission to any carrier, or for whom as sender or receiver, any such carrier shall transmit any interstate or foreign wire or radio communication, who shall knowingly by employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, receive or accept from such common carrier any sum of money or any other valuable consideration as a rebate or offset against the regular charges for transmission of such messages as fixed by the schedules of charges provided for in this chapter, shall in addition to any other penalty provided by this chapter forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascertained by the trial court; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such consideration, so received or accepted, or both, as the case may be. (b) Activities constituting violations authorizing imposition of forfeiture penalty; amount of penalty; procedures applicable; persons subject to penalty; liability exemption period (1) Any person who is determined by the Commission, in accordance with paragraph (3) or (4) of this subsection, to have - (A) willfully or repeatedly failed to comply substantially with the terms and conditions of any license, permit, certificate, or other instrument or authorization issued by the Commission; (B) willfully or repeatedly failed to comply with any of the provisions of this chapter or of any rule, regulation, or order issued by the Commission under this chapter or under any treaty, convention, or other agreement to which the United States is a party and which is binding upon the United States; (C) violated any provision of section 317(c) or 509(a) of this title; or (D) violated any provision of section 1304, 1343, or 1464 of title 18; shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this subsection shall be in addition to any other penalty provided for by this chapter; except that this subsection shall not apply to any conduct which is subject to forfeiture under subchapter II of this chapter, part II or III of subchapter III of this chapter, or section 507 of this title. (2)(A) If the violator is (i) a broadcast station licensee or permittee, (ii) a cable television operator, or (iii) an applicant for any broadcast or cable television operator license, permit, certificate, or other instrument or authorization issued by the Commission, the amount of any forfeiture penalty determined under this section shall not exceed $25,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $250,000 for any single act or failure to act described in paragraph (1) of this subsection. (B) If the violator is a common carrier subject to the provisions of this chapter or an applicant for any common carrier license, permit, certificate, or other instrument of authorization issued by the Commission, the amount of any forfeiture penalty determined under this subsection shall not exceed $100,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act described in paragraph (1) of this subsection. (C) In any case not covered in subparagraph (A) or (B), the amount of any forfeiture penalty determined under this subsection shall not exceed $10,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $75,000 for any single act or failure to act described in paragraph (1) of this subsection. (D) The amount of such forfeiture penalty shall be assessed by the Commission, or its designee, by written notice. In determining the amount of such a forfeiture penalty, the Commission or its designee shall take into account the nature, circumstances, extent, and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. (3)(A) At the discretion of the Commission, a forfeiture penalty may be determined against a person under this subsection after notice and an opportunity for a hearing before the Commission or an administrative law judge thereof in accordance with section 554 of title 5. Any person against whom a forfeiture penalty is determined under this paragraph may obtain review thereof pursuant to section 402(a) of this title. (B) If any person fails to pay an assessment of a forfeiture penalty determined under subparagraph (A) of this paragraph, after it has become a final and unappealable order or after the appropriate court has entered final judgment in favor of the Commission, the Commission shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the forfeiture penalty shall not be subject to review. (4) Except as provided in paragraph (3) of this subsection, no forfeiture penalty shall be imposed under this subsection against any person unless and until - (A) the Commission issues a notice of apparent liability, in writing, with respect to such person; (B) such notice has been received by such person, or until the Commission has sent such notice to the last known address of such person, by registered or certified mail; and (C) such person is granted an opportunity to show, in writing, within such reasonable period of time as the Commission prescribes by rule or regulation, why no such forfeiture penalty should be imposed. Such a notice shall (i) identify each specific provision, term, and condition of any Act, rule, regulation, order, treaty, convention, or other agreement, license, permit, certificate, instrument, or authorization which such person apparently violated or with which such person apparently failed to comply; (ii) set forth the nature of the act or omission charged against such person and the facts upon which such charge is based; and (iii) state the date on which such conduct occurred. Any forfeiture penalty determined under this paragraph shall be recoverable pursuant to section 504(a) of this title. (5) No forfeiture liability shall be determined under this subsection against any person, if such person does not hold a license, permit, certificate, or other authorization issued by the Commission, and if such person is not an applicant for a license, permit, certificate, or other authorization issued by the Commission, unless, prior to the notice required by paragraph (3) of this subsection or the notice of apparent liability required by paragraph (4) of this subsection, such person (A) is sent a citation of the violation charged; (B) is given a reasonable opportunity for a personal interview with an official of the Commission, at the field office of the Commission which is nearest to such person's place of residence; and (C) subsequently engages in conduct of the type described in such citation. The provisions of this paragraph shall not apply, however, if the person involved is engaging in activities for which a license, permit, certificate, or other authorization is required, or is a cable television system operator or if the person involved is transmitting on frequencies assigned for use in a service in which individual station operation is authorized by rule pursuant to section 307(e) of this title. Whenever the requirements of this paragraph are satisfied with respect to a particular person, such person shall not be entitled to receive any additional citation of the violation charged, with respect to any conduct of the type described in the citation sent under this paragraph. (6) No forfeiture penalty shall be determined or imposed against any person under this subsection if - (A) such person holds a broadcast station license issued under subchapter III of this chapter and if the violation charged occurred - (i) more than 1 year prior to the date of issuance of the required notice or notice of apparent liability; or (ii) prior to the date of commencement of the current term of such license, whichever is earlier so long as such violation occurred within 3 years prior to the date of issuance of such required notice; or (B) such person does not hold a broadcast station license issued under subchapter III of this chapter and if the violation charged occurred more than 1 year prior to the date of issuance of the required notice or notice of apparent liability. -SOURCE- (June 19, 1934, ch. 652, title V, Sec. 503, 48 Stat. 1101; Sept. 13, 1960, Pub. L. 86-752, Sec. 7(a), 74 Stat. 894; Feb. 21, 1978, Pub. L. 95-234, Sec. 2, 92 Stat. 33; Dec. 8, 1980, Pub. L. 96-507, Sec. 2(b), 94 Stat. 2747; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 124, 96 Stat. 1098; Dec. 8, 1983, Pub. L. 98-214, Sec. 4(b), 97 Stat. 1468; Dec. 19, 1989, Pub. L. 101-239, title III, Sec. 3002(i), 103 Stat. 2131; Sept. 28, 1990, Pub. L. 101-396, Sec. 10, 104 Stat. 851.) -REFTEXT- REFERENCES IN TEXT Parts II and III of subchapter III of this chapter, referred to in subsec. (b)(1), are classified to sections 351 et seq. and 381 et seq., respectively, of this title. -MISC2- AMENDMENTS 1990 - Subsec. (b)(5). Pub. L. 101-396 inserted 'and if such person is not an applicant for a license, permit, certificate, or other authorization issued by the Commission,' before 'unless, prior'. 1989 - Subsec. (b)(1), (2). Pub. L. 101-239 inserted '(1)' before 'Any person who' in first par., added par. (2), and struck out former par. (2) thereby resulting in increasing penalty if violator is a common carrier from $20,000 to $100,000 per day to a maximum of $1,000,000 per act and penalty if violator is a broadcast station licensee or cable television operator from $20,000 to $25,000 per day to a maximum of $250,000 per act, making such penalty also applicable to television operator applicants, and increasing penalty in all other cases from $5,000 to $10,000 per day to a maximum of $75,000. 1983 - Subsec. (b)(5). Pub. L. 98-214 inserted 'or if the person involved is transmitting on frequencies assigned for use in a service in which individual station operation is authorized by rule pursuant to section 307(e) of this title'. 1982 - Subsec. (b)(5). Pub. L. 97-259 inserted ', or is a cable television system operator' after 'other authorization is required'. 1980 - Subsec. (b). Pub. L. 96-507 conformed references in first paragraph to sections 509(a) and 507 of this title to reflect renumbering of those sections which required no change in text. 1978 - Subsec. (b). Pub. L. 95-234 substituted provisions relating to activities making persons liable for forfeiture penalties, amounts of forfeiture penalties, procedures applicable for imposition of forfeiture penalties, and exemptions from liability from imposition of forfeiture penalties, for provisions relating to activities of licensees or permittees constituting violations and authorizing forfeiture to the United States of a sum not to exceed $1,000 for each separate offense, procedures applicable for imposition of forfeiture liability, and limitations on imposition of forfeiture liability. 1960 - Pub. L. 86-752 amended section catchline substituting 'Forfeitures' for 'Rebates and offsets, forfeitures,', designated existing provisions as subsec. (a), and added subsec. (b). EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-234 effective on thirtieth day after Feb. 21, 1978, except that the provisions of subsec. (b) of this section, as in effect on Feb. 21, 1978, shall continue to constitute the applicable law with respect to any act or omission which occurs prior to such thirtieth day, see section 7 of Pub. L. 95-234, set out as a note under section 152 of this title. -CROSS- CROSS REFERENCES Forfeitures for violation of provisions relating to equipment, see section 362 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 504, 554 of this title. ------DocID 54242 Document 229 of 303------ -CITE- 47 USC Sec. 504 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 504. Forfeitures -STATUTE- (a) Recovery The forfeitures provided for in this chapter shall be payable into the Treasury of the United States, and shall be recoverable, except as otherwise provided with respect to a forfeiture penalty determined under section 503(b)(3) of this title, in a civil suit in the name of the United States brought in the district where the person or carrier has its principal operating office or in any district through which the line or system of the carrier runs: Provided, That any suit for the recovery of a forfeiture imposed pursuant to the provisions of this chapter shall be a trial de novo: Provided further, That in the case of forfeiture by a ship, said forfeiture may also be recoverable by way of libel in any district in which such ship shall arrive or depart. Such forfeitures shall be in addition to any other general or specific penalties provided in this chapter. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures under this chapter. The costs and expenses of such prosecutions shall be paid from the appropriation for the expenses of the courts of the United States. (b) Remission and mitigation The forfeitures imposed by subchapter II of this chapter, parts II and III of subchapter III of this chapter, and sections 503(b) and 507 of this title shall be subject to remission or mitigation by the Commission under such regulations and methods of ascertaining the facts as may seem to it advisable, and, if suit has been instituted, the Attorney General, upon request of the Commission, shall direct the discontinuance of any prosecution to recover such forfeitures: Provided, however, That no forfeiture shall be remitted or mitigated after determination by a court of competent jurisdiction. (c) Use of notice of apparent liability In any case where the Commission issues a notice of apparent liability looking toward the imposition of a forfeiture under this chapter, that fact shall not be used, in any other proceeding before the Commission, to the prejudice of the person to whom such notice was issued, unless (i) the forfeiture has been paid, or (ii) a court of competent jurisdiction has ordered payment of such forfeiture, and such order has become final. -SOURCE- (June 19, 1934, ch. 652, title V, Sec. 504, 48 Stat. 1101; May 20, 1937, ch. 229, Sec. 14, 50 Stat. 197; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Aug. 13, 1954, ch. 735, Sec. 4, 68 Stat. 729; Aug. 6, 1956, ch. 973, Sec. 2, 70 Stat. 1048; Sept. 13, 1960, Pub. L. 86-752, Sec. 7(b)-(d), 74 Stat. 895; May 11, 1962, Pub. L. 87-448, Sec. 2, 76 Stat. 69; Feb. 21, 1978, Pub. L. 95-234, Sec. 3, 92 Stat. 35; Dec. 8, 1980, Pub. L. 96-507, Sec. 2(c), 94 Stat. 2747.) -REFTEXT- REFERENCES IN TEXT Parts II and III of subchapter III of this chapter, referred to in subsec. (b), are classified to sections 351 et seq. and 381 et seq., respectively, of this title. -MISC2- AMENDMENTS 1980 - Subsec. (b). Pub. L. 96-507 conformed reference to section 507 of this title to reflect renumbering of that section which required no change in text. 1978 - Subsec. (a). Pub. L. 95-234, Sec. 3(a), inserted in first sentence ', except as otherwise provided with respect to a forfeiture penalty determined under section 503(b)(3) of this title,' after 'recoverable'. Such wording was inserted only after the first reference to 'recoverable' as the probable intent of Congress. Subsec. (b). Pub. L. 95-234, Sec. 3(b), inserted reference to subchapter II of this chapter and struck out reference to section 510 of this title and ', upon application therefor,' after 'by the Commission'. 1962 - Subsec. (b). Pub. L. 87-448 empowered the Commission to remit or mitigate the forfeitures imposed by section 510 of this title. 1960 - Subsec. (a). Pub. L. 86-752, Sec. 7(b), inserted proviso that any suit for recovery of a forfeiture shall be a trial de novo. Subsec. (b). Pub. L. 86-752, Sec. 7(c), substituted 'sections 503(b) and 507' for 'section 507'. Subsec. (c). Pub. L. 86-752, Sec. 7(d), added subsec. (c). 1956 - Subsec. (b). Act Aug. 6, 1956, inserted reference to part III of subchapter III. 1954 - Subsec. (b). Act Aug. 13, 1954, inserted reference to section 507 of this title. 1937 - Act May 20, 1937, designated existing provisions as subsec. (a), inserted proviso as to recovery of forfeiture in any district where a ship may arrive or depart, and added subsec. (b). -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorneys' for 'district attorneys'. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder. -MISC4- EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-234 effective on thirtieth day after Feb. 21, 1978, see section 7 of Pub. L. 95-234, set out as a note under section 152 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Section 3 of Pub. L. 87-448 provided that: 'The amendments made by this Act (enacting section 510 of this title and amending this section) shall take effect on the thirtieth day after the date of its enactment (May 11, 1962).' EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as an Effective Date note under section 381 of this title. EFFECTIVE DATE OF 1954 AMENDMENT Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see section 6 of act Aug. 13, 1954, set out as an Effective Date note under section 507 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Exclusive jurisdiction of district courts of the United States for recovery of forfeitures, see section 1355 of Title 28, Judiciary and Judicial Procedure. Mode of recovery for forfeitures generally, see section 2461 of Title 28. Venue of proceeding for recovery for forfeiture, see section 1395 of Title 28. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 503 of this title. ------DocID 54243 Document 230 of 303------ -CITE- 47 USC Sec. 505 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 505. Venue of trials -STATUTE- The trial of any offense under this chapter shall be in the district in which it is committed; or if the offense is committed upon the high seas, or out of the jurisdiction of any particular State or district, the trial shall be in the district where the offender may be found or into which he shall be first brought. Whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein. -SOURCE- (June 19, 1934, ch. 652, title V, Sec. 505, 48 Stat. 1101.) -CROSS- CROSS REFERENCES Offenses begun in one district and completed in another, see section 3237 of Title 18, Crimes and Criminal Procedure. Offenses not committed in any district, see section 3238 of Title 18. ------DocID 54244 Document 231 of 303------ -CITE- 47 USC Sec. 506 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 506. Repealed. Pub. L. 96-507, Sec. 1, Dec. 8, 1980, 94 Stat. 2747 -MISC1- Section, act June 19, 1934, ch. 652, title V, Sec. 506, as added Apr. 16, 1946, ch. 138, 60 Stat. 89, prohibited certain coercive practices affecting broadcasting and provided penalties for violations. ------DocID 54245 Document 232 of 303------ -CITE- 47 USC Sec. 507 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 507. Violation of Great Lakes Agreement -STATUTE- (a) Any vessel of the United States that is navigated in violation of the provisions of the Great Lakes Agreement or the rules and regulations of the Commission made in pursuance thereof and any vessel of a foreign country that is so navigated on waters under the jurisdiction of the United States shall forfeit to the United States the sum of $500 recoverable by way of suit or libel. Each day during which such navigation occurs shall constitute a separate offense. (b) Every willful failure on the part of the master of a vessel of the United States to enforce or to comply with the provisions of the Great Lakes Agreement or the rules and regulations of the Commission made in pursuance thereof shall cause him to forfeit to the United States the sum of $100. -SOURCE- (June 19, 1934, ch. 652, title V, Sec. 506, formerly Sec. 507, as added Aug. 13, 1954, ch. 735, Sec. 3, 68 Stat. 729, and renumbered Dec. 8, 1980, Pub. L. 96-507, Sec. 1, 94 Stat. 2747.) -REFTEXT- REFERENCES IN TEXT For definition of Great Lakes Agreement, referred to in text, see section 153(ff) of this title and Great Lakes Agreement note set out under that section. -MISC2- EFFECTIVE DATE Section 6 of act Aug. 13, 1954, provided that: 'This Act (enacting this section and amending sections 153, 154, and 504 of this title) shall take effect on November 13, 1954.' -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 503, 504 of this title. ------DocID 54246 Document 233 of 303------ -CITE- 47 USC Sec. 508 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 508. Disclosure of payments to individuals connected with broadcasts -STATUTE- (a) Payments to station employees Subject to subsection (d) of this section, any employee of a radio station who accepts or agrees to accept from any person (other than such station), or any person (other than such station) who pays or agrees to pay such employee, any money, service or other valuable consideration for the broadcast of any matter over such station shall, in advance of such broadcast, disclose the fact of such acceptance or agreement to such station. (b) Production or preparation of programs Subject to subsection (d) of this section, any person who, in connection with the production or preparation of any program or program matter which is intended for broadcasting over any radio station, accepts or agrees to accept, or pays or agrees to pay, any money, service or other valuable consideration for the inclusion of any matter as a part of such program or program matter, shall, in advance of such broadcast, disclose the fact of such acceptance or payment or agreement to the payee's employer, or to the person for whom such program or program matter is being produced, or to the licensee of such station over which such program is broadcast. (c) Supplying of program or program matter Subject to subsection (d) of this section, any person who supplies to any other person any program or program matter which is intended for broadcasting over any radio station shall, in advance of such broadcast, disclose to such other person any information of which he has knowledge, or which has been disclosed to him, as to any money, service or other valuable consideration which any person has paid or accepted, or has agreed to pay or accept, for the inclusion of any matter as a part of such program or program matter. (d) Waiver of announcements under section 317(d) The provisions of this section requiring the disclosure of information shall not apply in any case where, because of a waiver made by the Commission under section 317(d) of this title, an announcement is not required to be made under section 317 of this title. (e) Announcement under section 317 as sufficient disclosure The inclusion in the program of the announcement required by section 317 of this title shall constitute the disclosure required by this section. (f) 'Service or other valuable consideration' defined The term 'service or other valuable consideration' as used in this section shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast, or for use on a program which is intended for broadcasting over any radio station, unless it is so furnished in consideration for an identification in such broadcast or in such program of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property in such broadcast or such program. (g) Penalties Any person who violates any provision of this section shall, for each such violation, be fined not more than $10,000 or imprisoned not more than one year, or both. -SOURCE- (June 19, 1934, ch. 652, title V, Sec. 507, formerly Sec. 508, as added Sept. 13, 1960, Pub. L. 86-752, Sec. 8(b), 74 Stat. 896, and renumbered Dec. 8, 1980, Pub. L. 96-507, Sec. 1, 94 Stat. 2747.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 317 of this title. ------DocID 54247 Document 234 of 303------ -CITE- 47 USC Sec. 509 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 509. Prohibited practices in contests of knowledge, skill, or chance -STATUTE- (a) Influencing, prearranging, or predetermining outcome It shall be unlawful for any person, with intent to deceive the listening or viewing public - (1) To supply to any contestant in a purportedly bona fide contest of intellectual knowledge or intellectual skill any special and secret assistance whereby the outcome of such contest will be in whole or in part prearranged or predetermined. (2) By means of persuasion, bribery, intimidation, or otherwise, to induce or cause any contestant in a purportedly bona fide contest of intellectual knowledge or intellectual skill to refrain in any manner from using or displaying his knowledge or skill in such contest, whereby the outcome thereof will be in whole or in part prearranged or predetermined. (3) To engage in any artifice or scheme for the purpose of prearranging or predetermining in whole or in part the outcome of a purportedly bona fide contest of intellectual knowledge, intellectual skill, or chance. (4) To produce or participate in the production for broadcasting of, to broadcast or participate in the broadcasting of, to offer to a licensee for broadcasting, or to sponsor, any radio program, knowing or having reasonable ground for believing that, in connection with a purportedly bona fide contest of intellectual knowledge, intellectual skill, or chance constituting any part of such program, any person has done or is going to do any act or thing referred to in paragraph (1), (2), or (3) of this subsection. (5) To conspire with any other person or persons to do any act or thing prohibited by paragraph (1), (2), (3), or (4) of this subsection, if one or more of such persons do any act to effect the object of such conspiracy. (b) 'Contest' and 'the listening or viewing public' defined For the purposes of this section - (1) The term 'contest' means any contest broadcast by a radio station in connection with which any money or any other thing of value is offered as a prize or prizes to be paid or presented by the program sponsor or by any other person or persons, as announced in the course of the broadcast. (2) The term 'the listening or viewing public' means those members of the public who, with the aid of radio receiving sets, listen to or view programs broadcast by radio stations. (c) Penalties Whoever violates subsection (a) of this section shall be fined not more than $10,000 or imprisoned not more than one year, or both. -SOURCE- (June 19, 1934, ch. 652, title V, Sec. 508, formerly Sec. 509, as added Sept. 13, 1960, Pub. L. 96-752, Sec. 9, 74 Stat. 897, and renumbered Dec. 8, 1980, Pub. L. 96-507, Sec. 1, 94 Stat. 2747.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 503 of this title. ------DocID 54248 Document 235 of 303------ -CITE- 47 USC Sec. 510 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 510. Forfeiture of communications devices -STATUTE- (a) Violation with willful and knowing intent Any electronic, electromagnetic, radio frequency, or similar device, or component thereof, used, sent, carried, manufactured, assembled, possessed, offered for sale, sold, or advertised with willful and knowing intent to violate section 301 or 302a of this title, or rules prescribed by the Commission under such sections, may be seized and forfeited to the United States. (b) Seizure Any property subject to forfeiture to the United States under this section may be seized by the Attorney General of the United States upon process issued pursuant to the supplemental rules for certain admiralty and maritime claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made if the seizure is incident to a lawful arrest or search. (c) Laws applicable to seizure and forfeiture All provisions of law relating to - (1) the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; (2) the disposition of such property or the proceeds from the sale thereof; (3) the remission or mitigation of such forfeitures; and (4) the compromise of claims with respect to such forfeitures; shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section, except that such seizures and forfeitures shall be limited to the communications device, devices, or components thereof. (d) Disposition of forfeited property Whenever property is forfeited under this section, the Attorney General of the United States may forward it to the Commission or sell any forfeited property which is not harmful to the public. The proceeds from any such sale shall be deposited in the general fund of the Treasury of the United States. -SOURCE- (June 19, 1934, ch. 652, title V, Sec. 510, as added Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 125, 96 Stat. 1098.) -MISC1- PRIOR PROVISIONS A prior section 510, act June 19, 1934, ch. 652, title V, Sec. 510, as added May 11, 1962, Pub. L. 87-448, Sec. 1, 76 Stat. 68, which related to forfeitures for violations of rules and regulations by radio stations operating in common carrier, safety and special radio fields, was repealed effective the thirtieth day after Feb. 21, 1978, by Pub. L. 95-234, Sec. 4, 7, Feb. 21, 1978, 92 Stat. 35. ------DocID 54249 Document 236 of 303------ -CITE- 47 USC SUBCHAPTER V-A -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A -HEAD- SUBCHAPTER V-A - CABLE COMMUNICATIONS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 152 of this title; title 18 section 1468. ------DocID 54250 Document 237 of 303------ -CITE- 47 USC Part I -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part I -HEAD- Part I - General Provisions ------DocID 54251 Document 238 of 303------ -CITE- 47 USC Sec. 521 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part I -HEAD- Sec. 521. Purposes -STATUTE- The purposes of this subchapter are to - (1) establish a national policy concerning cable communications; (2) establish franchise procedures and standards which encourage the growth and development of cable systems and which assure that cable systems are responsive to the needs and interests of the local community; (3) establish guidelines for the exercise of Federal, State, and local authority with respect to the regulation of cable systems; (4) assure that cable communications provide and are encouraged to provide the widest possible diversity of information sources and services to the public; (5) establish an orderly process for franchise renewal which protects cable operators against unfair denials of renewal where the operator's past performance and proposal for future performance meet the standards established by this subchapter; and (6) promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on cable systems. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 601, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2780.) -MISC1- EFFECTIVE DATE Section 9(a) of Pub. L. 98-549 provided that: 'Except where otherwise expressly provided, the provisions of this Act (enacting this subchapter and section 611 of this title, amending sections 152, 224, 309, and 605 of this title, section 2511 of Title 18, Crimes and Criminal Procedure, and section 1805 of Title 50, War and National Defense, and enacting provisions set out as notes under this section and sections 543, 605, and 609 of this title) and the amendments made thereby shall take effect 60 days after the date of enactment of this Act (Oct. 30, 1984).' SHORT TITLE For short title of Pub. L. 98-549 (enacting this subchapter) as the 'Cable Communications Policy Act of 1984', see section 1(a) of Pub. L. 98-549, set out as a Short Title of 1984 Amendment note under section 609 of this title. EFFECT OF CABLE COMMUNICATIONS POLICY ACT OF 1984 ON JURISDICTION OF FEDERAL COMMUNICATIONS COMMISSION RESPECTING WIRE OR RADIO COMMUNICATIONS THROUGH CABLE SYSTEMS Section 3(b) of Pub. L. 98-549 provided that: 'The provisions of this Act (enacting this subchapter and section 611 of this title, amending sections 152, 224, 309, and 605 of this title, section 2511 of Title 18, Crimes and Criminal Procedure, and section 1805 of Title 50, War and National Defense, and enacting provisions set out as notes under this section and sections 543, 605, and 609 of this title) and amendments made by this Act shall not be construed to affect any jurisdiction the Federal Communications Commission may have under the Communications Act of 1934 (this chapter) with respect to any communication by wire or radio (other than cable service, as defined in section 602(5) of such Act (section 522(5) of this title)) which is provided through a cable system, or persons or facilities engaged in such communications.' ------DocID 54252 Document 239 of 303------ -CITE- 47 USC Sec. 522 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part I -HEAD- Sec. 522. Definitions -STATUTE- For purposes of this subchapter - (1) the term 'affiliate', when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person; (2) the term 'basic cable service' means any service tier which includes the retransmission of local television broadcast signals; (3) the term 'cable channel' or 'channel' means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Commission by regulation); (4) the term 'cable operator' means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system; (5) the term 'cable service' means - (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection of such video programming or other programming service; (6) the term 'cable system' means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of 1 or more television broadcast stations; (B) a facility that serves only subscribers in 1 or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of subchapter II of this chapter, except that such facility shall be considered a cable system (other than for purposes of section 541(c) of this title) to the extent such facility is used in the transmission of video programming directly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility system; (7) the term 'Federal agency' means any agency of the United States, including the Commission; (8) the term 'franchise' means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to section 546 of this title), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system; (9) the term 'franchising authority' means any governmental entity empowered by Federal, State, or local law to grant a franchise; (10) the term 'grade B contour' means the field strength of a television broadcast station computed in accordance with regulations promulgated by the Commission; (11) the term 'other programming service' means information that a cable operator makes available to all subscribers generally; (12) the term 'person' means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity; (13) the term 'public, educational, or governmental access facilities' means - (A) channel capacity designated for public, educational, or governmental use; and (B) facilities and equipment for the use of such channel capacity; (14) the term 'service tier' means a category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator; (15) the term 'State' means any State, or political subdivision, or agency thereof; and (16) the term 'video programming' means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 602, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2780.) -MISC1- EFFECTIVE DATE Section 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 303a, 554 of this title. ------DocID 54253 Document 240 of 303------ -CITE- 47 USC Part II -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part II -HEAD- Part II - Use of Cable Channels and Cable Ownership Restrictions ------DocID 54254 Document 241 of 303------ -CITE- 47 USC Sec. 531 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part II -HEAD- Sec. 531. Cable channels for public, educational, or governmental use -STATUTE- (a) Authority to establish requirements with respect to designation or use of channel capacity A franchising authority may establish requirements in a franchise with respect to the designation or use of channel capacity for public, educational, or governmental use only to the extent provided in this section. (b) Authority to require designation for public, educational, or governmental use A franchising authority may in its request for proposals require as part of a franchise, and may require as part of a cable operator's proposal for a franchise renewal, subject to section 546 of this title, that channel capacity be designated for public, educational, or governmental use, and channel capacity on institutional networks be designated for educational or governmental use, and may require rules and procedures for the use of the channel capacity designated pursuant to this section. (c) Enforcement authority A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise for services, facilities, or equipment proposed by the cable operator which relate to public, educational, or governmental use of channel capacity, whether or not required by the franchising authority pursuant to subsection (b) of this section. (d) Promulgation of rules and procedures In the case of any franchise under which channel capacity is designated under subsection (b) of this section, the franchising authority shall prescribe - (1) rules and procedures under which the cable operator is permitted to use such channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated, and (2) rules and procedures under which such permitted use shall cease. (e) Editorial control by cable operator Subject to section 544(d) of this title, a cable operator shall not exercise any editorial control over any public, educational, or governmental use of channel capacity provided pursuant to this section. (f) 'Institutional network' defined For purposes of this section, the term 'institutional network' means a communication network which is constructed or operated by the cable operator and which is generally available only to subscribers who are not residential subscribers. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 611, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2782.) -MISC1- EFFECTIVE DATE Section 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 532 of this title. ------DocID 54255 Document 242 of 303------ -CITE- 47 USC Sec. 532 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part II -HEAD- Sec. 532. Cable channels for commercial use -STATUTE- (a) Purpose The purpose of this section is to assure that the widest possible diversity of information sources are made available to the public from cable systems in a manner consistent with growth and development of cable systems. (b) Designation of channel capacity for commercial use (1) A cable operator shall designate channel capacity for commercial use by persons unaffiliated with the operator in accordance with the following requirements: (A) An operator of any cable system with 36 or more (but not more than 54) activated channels shall designate 10 percent of such channels which are not otherwise required for use (or the use of which is not prohibited) by Federal law or regulation. (B) An operator of any cable system with 55 or more (but not more than 100) activated channels shall designate 15 percent of such channels which are not otherwise required for use (or the use of which is not prohibited) by Federal law or regulation. (C) An operator of any cable system with more than 100 activated channels shall designate 15 percent of all such channels. (D) An operator of any cable system with fewer than 36 activated channels shall not be required to designate channel capacity for commercial use by persons unaffiliated with the operator, unless the cable system is required to provide such channel capacity under the terms of a franchise in effect on October 30, 1984. (E) An operator of any cable system in operation on October 30, 1984, shall not be required to remove any service actually being provided on July 1, 1984, in order to comply with this section, but shall make channel capacity available for commercial use as such capacity becomes available until such time as the cable operator is in full compliance with this section. (2) Any Federal agency, State, or franchising authority may not require any cable system to designate channel capacity for commercial use by unaffiliated persons in excess of the capacity specified in paragraph (1), except as otherwise provided in this section. (3) A cable operator may not be required, as part of a request for proposals or as part of a proposal for renewal, subject to section 546 of this title, to designate channel capacity for any use (other than commercial use by unaffiliated persons under this section) except as provided in sections 531 and 557 of this title, but a cable operator may offer in a franchise, or proposal for renewal thereof, to provide, consistent with applicable law, such capacity for other than commercial use by such persons. (4) A cable operator may use any unused channel capacity designated pursuant to this section until the use of such channel capacity is obtained, pursuant to a written agreement, by a person unaffiliated with the operator. (5) For the purposes of this section - (A) the term 'activated channels' means those channels engineered at the headend of the cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for public, educational, or governmental use; and (B) the term 'commercial use' means the provision of video programming, whether or not for profit. (6) Any channel capacity which has been designated for public, educational, or governmental use may not be considered as designated under this section for commercial use for purpose of this section. (c) Use of channel capacity by unaffiliated persons; editorial control; restriction on service (1) If a person unaffiliated with the cable operator seeks to use channel capacity designated pursuant to subsection (b) of this section for commercial use, the cable operator shall establish, consistent with the purpose of this section, the price, terms, and conditions of such use which are at least sufficient to assure that such use will not adversely affect the operation, financial condition, or market development of the cable system. (2) A cable operator shall not exercise any editorial control over any video programming provided pursuant to this section, or in any other way consider the content of such programming, except that an operator may consider such content to the minimum extent necessary to establish a reasonable price for the commercial use of designated channel capacity by an unaffiliated person. (3) Any cable system channel designated in accordance with this section shall not be used to provide a cable service that is being provided over such system on October 30, 1984, if the provision of such programming is intended to avoid the purpose of this section. (d) Right of action in district court; relief; factors not to be considered by court Any person aggrieved by the failure or refusal of a cable operator to make channel capacity available for use pursuant to this section may bring an action in the district court of the United States for the judicial district in which the cable system is located to compel that such capacity be made available. If the court finds that the channel capacity sought by such person has not been made available in accordance with this section, or finds that the price, terms, or conditions established by the cable operator are unreasonable, the court may order such system to make available to such person the channel capacity sought, and further determine the appropriate price, terms, or conditions for such use consistent with subsection (c) of this section, and may award actual damages if it deems such relief appropriate. In any such action, the court shall not consider any price, term, or condition established between an operator and an affiliate for comparable services. (e) Petition to Commission; relief (1) Any person aggrieved by the failure or refusal of a cable operator to make channel capacity available pursuant to this section may petition the Commission for relief under this subsection upon a showing of prior adjudicated violations of this section. Records of previous adjudications resulting in a court determination that the operator has violated this section shall be considered as sufficient for the showing necessary under this subsection. If the Commission finds that the channel capacity sought by such person has not been made available in accordance with this section, or that the price, terms, or conditions established by such system are unreasonable under subsection (c) of this section, the Commission shall, by rule or order, require such operator to make available such channel capacity under price, terms, and conditions consistent with subsection (c) of this section. (2) In any case in which the Commission finds that the prior adjudicated violations of this section constitute a pattern or practice of violations by an operator, the Commission may also establish any further rule or order necessary to assure that the operator provides the diversity of information sources required by this section. (3) In any case in which the Commission finds that the prior adjudicated violations of this section constitute a pattern or practice of violations by any person who is an operator of more than one cable system, the Commission may also establish any further rule or order necessary to assure that such person provides the diversity of information sources required by this section. (f) Presumption of reasonableness and good faith In any action brought under this section in any Federal district court or before the Commission, there shall be a presumption that the price, terms, and conditions for use of channel capacity designated pursuant to subsection (b) of this section are reasonable and in good faith unless shown by clear and convincing evidence to the contrary. (g) Promulgation of rules Notwithstanding sections 541(c) and 543(a) of this title, at such time as cable systems with 36 or more activated channels are available to 70 percent of households within the United States and are subscribed to by 70 percent of the households to which such systems are available, the Commission may promulgate any additional rules necessary to provide diversity of information sources. Any rules promulgated by the Commission pursuant to this subsection shall not preempt authority expressly granted to franchising authorities under this subchapter. (h) Cable service unprotected by Constitution Any cable service offered pursuant to this section shall not be provided, or shall be provided subject to conditions, if such cable service in the judgment of the franchising authority is obscene, or is in conflict with community standards in that it is lewd, lascivious, filthy, or indecent or is otherwise unprotected by the Constitution of the United States. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 612, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2782.) -MISC1- EFFECTIVE DATE Section 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 558 of this title. ------DocID 54256 Document 243 of 303------ -CITE- 47 USC Sec. 533 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part II -HEAD- Sec. 533. Ownership restrictions -STATUTE- (a) Persons owning or controlling television station licensee It shall be unlawful for any person to be a cable operator if such person, directly or through 1 or more affiliates, owns or controls, the licensee of a television broadcast station and the predicted grade B contour of such station covers any portion of the community served by such operator's cable system. (b) Common carriers; direct video programming; exception; waiver (1) It shall be unlawful for any common carrier, subject in whole or in part to subchapter II of this chapter, to provide video programming directly to subscribers in its telephone service area, either directly or indirectly through an affiliate owned by, operated by, controlled by, or under common control with the common carrier. (2) It shall be unlawful for any common carrier, subject in whole or in part to subchapter II of this chapter, to provide channels of communications or pole line conduit space, or other rental arrangements, to any entity which is directly or indirectly owned by, operated by, controlled by, or under common control with such common carrier, if such facilities or arrangements are to be used for, or in connection with, the provision of video programming directly to subscribers in the telephone service area of the common carrier. (3) This subsection shall not apply to any common carrier to the extent such carrier provides telephone exchange service in any rural area (as defined by the Commission). (4) In those areas where the provision of video programming directly to subscribers through a cable system demonstrably could not exist except through a cable system owned by, operated by, controlled by, or affiliated with the common carrier involved, or upon other showing of good cause, the Commission may, on petition for waiver, waive the applicability of paragraphs (1) and (2) of this subsection. Any such waiver shall be made in accordance with section 63.56 of title 47, Code of Federal Regulations (as in effect September 20, 1984) and shall be granted by the Commission upon a finding that the issuance of such waiver is justified by the particular circumstances demonstrated by the petitioner, taking into account the policy of this subsection. (c) Promulgation of rules The Commission may prescribe rules with respect to the ownership or control of cable systems by persons who own or control other media of mass communications which serve the same community served by a cable system. (d) Regulation of ownership by States or franchising authorities Any State or franchising authority may not prohibit the ownership or control of a cable system by any person because of such person's ownership or control of any media of mass communications or other media interests. (e) Holding of ownership interests or exercise of editorial control by States or franchising authorities (1) Subject to paragraph (2), a State or franchising authority may hold any ownership interest in any cable system. (2) Any State or franchising authority shall not exercise any editorial control regarding the content of any cable service on a cable system in which such governmental entity holds ownership interest (other than programming on any channel designated for educational or governmental use), unless such control is exercised through an entity separate from the franchising authority. (f) Combination of interests under prior law This section shall not apply to prohibit any combination of any interests held by any person on July 1, 1984, to the extent of the interests so held as of such date, if the holding of such interests was not inconsistent with any applicable Federal or State law or regulations in effect on that date. (g) 'Media of mass communications' defined For purposes of this section, the term 'media of mass communications' shall have the meaning given such term under section 309(i)(3)(C)(i) of this title. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 613, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2785.) -MISC1- EFFECTIVE DATE Section 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. ------DocID 54257 Document 244 of 303------ -CITE- 47 USC Part III -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part III -HEAD- Part III - Franchising and Regulation ------DocID 54258 Document 245 of 303------ -CITE- 47 USC Sec. 541 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part III -HEAD- Sec. 541. General franchise requirements -STATUTE- (a) Authority to award franchises; public rights-of-way and easements; equal access to service (1) A franchising authority may award, in accordance with the provisions of this subchapter, 1 or more franchises within its jurisdiction. (2) Any franchise shall be construed to authorize the construction of a cable system over public rights-of-way, and through easements, which is within the area to be served by the cable system and which have been dedicated for compatible uses, except that in using such easements the cable operator shall ensure - (A) that the safety, functioning, and appearance of the property and the convenience and safety of other persons not be adversely affected by the installation or construction of facilities necessary for a cable system; (B) that the cost of the installation, construction, operation, or removal of such facilities be borne by the cable operator or subscriber, or a combination of both; and (C) that the owner of the property be justly compensated by the cable operator for any damages caused by the installation, construction, operation, or removal of such facilities by the cable operator. (3) In awarding a franchise or franchises, a franchising authority shall assure that access to cable service is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. (b) No cable service without franchise; exception under prior law (1) Except to the extent provided in paragraph (2), a cable operator may not provide cable service without a franchise. (2) Paragraph (1) shall not require any person lawfully providing cable service without a franchise on July 1, 1984, to obtain a franchise unless the franchising authority so requires. (c) Status of cable system as common carrier or utility Any cable system shall not be subject to regulation as a common carrier or utility by reason of providing any cable service. (d) Informational tariffs; regulation by States; 'State' defined (1) A State or the Commission may require the filing of informational tariffs for any intrastate communications service provided by a cable system, other than cable service, that would be subject to regulation by the Commission or any State if offered by a common carrier subject, in whole or in part, to subchapter II of this chapter. Such informational tariffs shall specify the rates, terms, and conditions for the provision of such service, including whether it is made available to all subscribers generally, and shall take effect on the date specified therein. (2) Nothing in this subchapter shall be construed to affect the authority of any State to regulate any cable operator to the extent that such operator provides any communication service other than cable service, whether offered on a common carrier or private contract basis. (3) For purposes of this subsection, the term 'State' has the meaning given it in section 153(v) of this title. (e) State regulation of facilities serving subscribers in multiple dwelling units Nothing in this subchapter shall be construed to affect the authority of any State to license or otherwise regulate any facility or combination of facilities which serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management and which does not use any public right-of-way. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 621, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2786.) -MISC1- EFFECTIVE DATE Section 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 522, 532 of this title. ------DocID 54259 Document 246 of 303------ -CITE- 47 USC Sec. 542 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part III -HEAD- Sec. 542. Franchise fees -STATUTE- (a) Payment under terms of franchise Subject to the limitation of subsection (b) of this section, any cable operator may be required under the terms of any franchise to pay a franchise fee. (b) Amount of fees per annum For any twelve-month period, the franchise fees paid by a cable operator with respect to any cable system shall not exceed 5 percent of such cable operator's gross revenues derived in such period from the operation of the cable system. For purposes of this section, the 12-month period shall be the 12-month period applicable under the franchise for accounting purposes. Nothing in this subsection shall prohibit a franchising authority and a cable operator from agreeing that franchise fees which lawfully could be collected for any such 12-month period shall be paid on a prepaid or deferred basis; except that the sum of the fees paid during the term of the franchise may not exceed the amount, including the time value of money, which would have lawfully been collected if such fees had been paid per annum. (c) Increases passed through to subscribers A cable operator may pass through to subscribers the amount of any increase in a franchise fee, unless the franchising authority demonstrates that the rate structure specified in the franchise reflects all costs of franchise fees and so notifies the cable operator in writing. (d) Court actions; reflection of costs in rate structures In any court action under subsection (c) of this section, the franchising authority shall demonstrate that the rate structure reflects all costs of the franchise fees. (e) Decreases passed through to subscribers Any cable operator shall pass through to subscribers the amount of any decrease in a franchise fee. (f) Itemization of franchise fee in bill A cable operator may designate that portion of a subscriber's bill attributable to the franchise fee as a separate item on the bill. (g) 'Franchise fee' defined For the purposes of this section - (1) the term 'franchise fee' includes any tax, fee, or assessment of any kind imposed by a franchising authority or other governmental entity on a cable operator or cable subscriber, or both, solely because of their status as such; (2) the term 'franchise fee' does not include - (A) any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers); (B) in the case of any franchise in effect on October 30, 1984, payments which are required by the franchise to be made by the cable operator during the term of such franchise for, or in support of the use of, public, educational, or governmental access facilities; (C) in the case of any franchise granted after October 30, 1984, capital costs which are required by the franchise to be incurred by the cable operator for public, educational, or governmental access facilities; (D) requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or (E) any fee imposed under title 17. (h) Uncompensated services; taxes, fees and other assessments; limitation on fees (1) Nothing in this chapter shall be construed to limit any authority of a franchising authority to impose a tax, fee, or other assessment of any kind on any person (other than a cable operator) with respect to cable service or other communications service provided by such person over a cable system for which charges are assessed to subscribers but not received by the cable operator. (2) For any 12-month period, the fees paid by such person with respect to any such cable service or other communications service shall not exceed 5 percent of such person's gross revenues derived in such period from the provision of such service over the cable system. (i) Regulatory authority of Federal agencies Any Federal agency may not regulate the amount of the franchise fees paid by a cable operator, or regulate the use of funds derived from such fees, except as provided in this section. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 622, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2787.) -MISC1- EFFECTIVE DATE Section 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. ------DocID 54260 Document 247 of 303------ -CITE- 47 USC Sec. 543 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part III -HEAD- Sec. 543. Regulation of rates -STATUTE- (a) Limitation on regulatory power of Federal agencies, States, or franchising authorities Any Federal agency or State may not regulate the rates for the provision of cable service except to the extent provided under this section. Any franchising authority may regulate the rates for the provision of cable service, or any other communications service provided over a cable system to cable subscribers, but only to the extent provided under this section. (b) Promulgation of regulations; scope; contents; periodic review and amendment (1) Within 180 days after October 30, 1984, the Commission shall prescribe and make effective regulations which authorize a franchising authority to regulate rates for the provision of basic cable service in circumstances in which a cable system is not subject to effective competition. Such regulations may apply to any franchise granted after the effective date of such regulations. Such regulations shall not apply to any rate while such rate is subject to the provisions of subsection (c) of this section. (2) For purposes of rate regulation under this subsection, such regulations shall - (A) define the circumstances in which a cable system is not subject to effective competition; and (B) establish standards for such rate regulation. (3) The Commission shall periodically review such regulations, taking into account developments in technology, and may amend such regulations, consistent with paragraphs (1) and (2), to the extent the Commission determines necessary. (c) Regulation by franchising authority during initial 2-year period In the case of any cable system for which a franchise has been granted on or before the effective date of this subchapter, until the end of the 2-year period beginning on such effective date, the franchising authority may, to the extent provided in a franchise - (1) regulate the rates for the provision of basic cable service, including multiple tiers of basic cable service; (2) require the provision of any service tier provided without charge (disregarding any installation or rental charge for equipment necessary for receipt of such tier); or (3) regulate rates for the initial installation or the rental of 1 set of the minimum equipment which is necessary for the subscriber's receipt of basic cable service. (d) Automatic granting of rate increase requests upon agency inaction within 180-day period; extension Any request for an increase in any rate regulated pursuant to subsection (b) or (c) of this section for which final action is not taken within 180 days after receipt of such request by the franchising authority shall be deemed to be granted, unless the 180-day period is extended by mutual agreement of the cable operator and the franchising authority. (e) Additional increases; reduction by amount of increase under franchise provisions (1) In addition to any other rate increase which is subject to the approval of a franchising authority, any rate subject to regulation pursuant to this section may be increased after the effective date of this subchapter at the discretion of the cable operator by an amount not to exceed 5 percent per year if the franchise (as in effect on the effective date of this subchapter) does not specify a fixed rate or rates for basic cable service for a specified period or periods which would be exceeded if such increase took effect. (2) Nothing in this section shall be construed to limit provisions of a franchise which permits a cable operator to increase any rate at the operator's discretion; however, the aggregate increases per year allowed under paragraph (1) shall be reduced by the amount of any increase taken such year under such franchise provisions. (f) Nondiscrimination; facilitation of reception by hearing-impaired individuals Nothing in this subchapter shall be construed as prohibiting any Federal agency, State, or a franchising authority, from - (1) prohibiting discrimination among customers of basic cable service, or (2) requiring and regulating the installation or rental of equipment which facilitates the reception of basic cable service by hearing impaired individuals. (g) Continued effectiveness of limitation or preemption of regulation under prior State law Any State law in existence on the effective date of this subchapter which provides for any limitation or preemption of regulation by any franchising authority (or the State or any political subdivision or agency thereof) of rates for cable service shall remain in effect during the 2-year period beginning on such effective date, to the extent such law provides for such limitation or preemption. As used in this section, the term 'State' has the meaning given it in section 153(v) of this title. (h) Report to Congress; recommendations Not later than 6 years after October 30, 1984, the Commission shall prepare and submit to the Congress a report regarding rate regulation of cable services, including such legislative recommendations as the Commission considers appropriate. Such report and recommendations shall be based on a study of such regulation which the Commission shall conduct regarding the effect of competition in the marketplace. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 623, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2788.) -REFTEXT- REFERENCES IN TEXT For 'the effective date of this subchapter', referred to in subsecs. (c), (e)(1), and (g), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set out as an Effective Date note under section 521 of this title. -MISC2- EFFECTIVE DATE Section 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. RESTORATION, RETIERMENT AND REPRICING OF SERVICE PREVIOUSLY ELIMINATED, RETIERED, OR REPRICED Section 9(b) of Pub. L. 98-549 provided that: 'Nothing in section 623 or 624 of the Communications Act of 1934 (sections 543 and 544 of this title), as added by this Act, shall be construed to allow a franchising authority, or a State or any political subdivision of a State, to require a cable operator to restore, retier, or reprice any cable service which was lawfully eliminated, retiered, or repriced as of September 26, 1984.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 532, 545 of this title. ------DocID 54261 Document 248 of 303------ -CITE- 47 USC Sec. 544 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part III -HEAD- Sec. 544. Regulation of services, facilities, and equipment -STATUTE- (a) Regulation by franchising authority Any franchising authority may not regulate the services, facilities, and equipment provided by a cable operator except to the extent consistent with this subchapter. (b) Requests for proposals; establishment and enforcement of requirements In the case of any franchise granted after the effective date of this subchapter, the franchising authority, to the extent related to the establishment or operation of a cable system - (1) in its request for proposals for a franchise (including requests for renewal proposals, subject to section 546 of this title), may establish requirements for facilities and equipment, but may not establish requirements for video programming or other information services; and (2) subject to section 545 of this title, may enforce any requirements contained within the franchise - (A) for facilities and equipment; and (B) for broad categories of video programming or other services. (c) Enforcement authority respecting franchises effective under prior law In the case of any franchise in effect on the effective date of this subchapter, the franchising authority may, subject to section 545 of this title, enforce requirements contained within the franchise for the provision of services, facilities, and equipment, whether or not related to the establishment or operation of a cable system. (d) Cable service unprotected by Constitution (1) Nothing in this subchapter shall be construed as prohibiting a franchising authority and a cable operator from specifying, in a franchise or renewal thereof, that certain cable services shall not be provided or shall be provided subject to conditions, if such cable services are obscene or are otherwise unprotected by the Constitution of the United States. (2)(A) In order to restrict the viewing of programming which is obscene or indecent, upon the request of a subscriber, a cable operator shall provide (by sale or lease) a device by which the subscriber can prohibit viewing of a particular cable service during periods selected by that subscriber. (B) Subparagraph (A) shall take effect 180 days after the effective date of this subchapter. (e) Technical standards The Commission may establish technical standards relating to the facilities and equipment of cable systems which a franchising authority may require in the franchise. (f) Limitation on regulatory powers of Federal agencies, States, or franchising authorities; exceptions (1) Any Federal agency, State, or franchising authority may not impose requirements regarding the provision or content of cable services, except as expressly provided in this subchapter. (2) Paragraph (1) shall not apply to - (A) any rule, regulation, or order issued under any Federal law, as such rule, regulation, or order (i) was in effect on September 21, 1983, or (ii) may be amended after such date if the rule, regulation, or order as amended is not inconsistent with the express provisions of this subchapter; and (B) any rule, regulation, or order under title 17. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 624, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2789.) -REFTEXT- REFERENCES IN TEXT For 'the effective date of this subchapter', referred to in subsecs. (b), (c), and (d)(2)(B), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set out as an Effective Date note under section 521 of this title. -MISC2- EFFECTIVE DATE Section 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. RESTORATION, RETIERMENT AND REPRICING OF SERVICE PREVIOUSLY ELIMINATED, RETIERED, OR REPRICED Section not to be construed to allow a franchising authority, or a State or political subdivision thereof, to require a cable operator to restore, retier or reprice cable service previously eliminated, retiered, or repriced as of Sept. 26, 1984, see section 9(b) of Pub. L. 98-549, set out as a note under section 543 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 531, 546 of this title. ------DocID 54262 Document 249 of 303------ -CITE- 47 USC Sec. 545 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part III -HEAD- Sec. 545. Modification of franchise obligations -STATUTE- (a) Grounds for modification by franchising authority; public proceeding; time of decision (1) During the period a franchise is in effect, the cable operator may obtain from the franchising authority modifications of the requirements in such franchise - (A) in the case of any such requirement for facilities or equipment, including public, educational, or governmental access facilities or equipment, if the cable operator demonstrates that (i) it is commercially impracticable for the operator to comply with such requirement, and (ii) the proposal by the cable operator for modification of such requirement is appropriate because of commercial impracticability; or (B) in the case of any such requirement for services, if the cable operator demonstrates that the mix, quality, and level of services required by the franchise at the time it was granted will be maintained after such modification. (2) Any final decision by a franchising authority under this subsection shall be made in a public proceeding. Such decision shall be made within 120 days after receipt of such request by the franchising authority, unless such 120 day period is extended by mutual agreement of the cable operator and the franchising authority. (b) Judicial proceedings; grounds for modification by court (1) Any cable operator whose request for modification under subsection (a) of this section has been denied by a final decision of a franchising authority may obtain modification of such franchise requirements pursuant to the provisions of section 555 of this title. (2) In the case of any proposed modification of a requirement for facilities or equipment, the court shall grant such modification only if the cable operator demonstrates to the court that - (A) it is commercially impracticable for the operator to comply with such requirement; and (B) the terms of the modification requested are appropriate because of commercial impracticability. (3) In the case of any proposed modification of a requirement for services, the court shall grant such modification only if the cable operator demonstrates to the court that the mix, quality, and level of services required by the franchise at the time it was granted will be maintained after such modification. (c) Rearrangement, replacement, or removal of service Notwithstanding subsections (a) and (b) of this section, a cable operator may, upon 30 days' advance notice to the franchising authority, rearrange, replace, or remove a particular cable service required by the franchise if - (1) such service is no longer available to the operator; or (2) such service is available to the operator only upon the payment of a royalty required under section 801(b)(2) of title 17, which the cable operator can document - (A) is substantially in excess of the amount of such payment required on the date of the operator's offer to provide such service, and (B) has not been specifically compensated for through a rate increase or other adjustment. (d) Rearrangement of particular services from one service tier to another or other offering of service Notwithstanding subsections (a) and (b) of this section, a cable operator may take such actions to rearrange a particular service from one service tier to another, or otherwise offer the service, if the rates for all of the service tiers involved in such actions are not subject to regulation under section 543 of this title. (e) Requirements for services relating to public, educational, or governmental access A cable operator may not obtain modification under this section of any requirement for services relating to public, educational, or governmental access. (f) 'Commercially impracticable' defined For purposes of this section, the term 'commercially impracticable' means, with respect to any requirement applicable to a cable operator, that it is commercially impracticable for the operator to comply with such requirement as a result of a change in conditions which is beyond the control of the operator and the nonoccurrence of which was a basic assumption on which the requirement was based. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 625, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2790.) -MISC1- EFFECTIVE DATE Section 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 544, 555 of this title. ------DocID 54263 Document 250 of 303------ -CITE- 47 USC Sec. 546 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part III -HEAD- Sec. 546. Renewal -STATUTE- (a) Commencement of proceedings; public notice and participation During the 6-month period which begins with the 36th month before the franchise expiration, the franchising authority may on its own initiative, and shall at the request of the cable operator, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of - (1) identifying the future cable-related community needs and interests; and (2) reviewing the performance of the cable operator under the franchise during the then current franchise term. (b) Submission of renewal proposals; contents; time (1) Upon completion of a proceeding under subsection (a) of this section, a cable operator seeking renewal of a franchise may, on its own initiative or at the request of a franchising authority, submit a proposal for renewal. (2) Subject to section 544 of this title, any such proposal shall contain such material as the franchising authority may require, including proposals for an upgrade of the cable system. (3) The franchising authority may establish a date by which such proposal shall be submitted. (c) Notice of proposal; renewal; preliminary assessment of nonrenewal; administrative review; issues; notice and opportunity for hearing; transcript; written decision (1) Upon submittal by a cable operator of a proposal to the franchising authority for the renewal of a franchise, the franchising authority shall provide prompt public notice of such proposal and, during the 4-month period which begins on the completion of any proceedings under subsection (a) of this section, renew the franchise or, issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding, in accordance with paragraph (2) to consider whether - (A) the cable operator has substantially complied with the material terms of the existing franchise and with applicable law; (B) the quality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs; (C) the operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and (D) the operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. (2) In any proceeding under paragraph (1), the cable operator shall be afforded adequate notice and the cable operator and the franchise authority, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection (a) of this section), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding. (3) At the completion of a proceeding under this subsection, the franchising authority shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the cable operator. Such decision shall state the reasons therefor. (d) Basis for denial Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in subparagraphs (A) through (D) of subsection (c)(1) of this section, pursuant to the record of the proceeding under subsection (c) of this section. A franchising authority may not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under subsection (c)(1)(A) of this section or on events considered under subsection (c)(1)(B) of this section in any case in which a violation of the franchise or the events considered under subsection (c)(1)(B) of this section occur after the effective date of this subchapter unless the franchising authority has provided the operator with notice and the opportunity to cure, or in any case in which it is documented that the franchising authority has waived its right to object, or has effectively acquiesced. (e) Judicial review; grounds for relief (1) Any cable operator whose proposal for renewal has been denied by a final decision of a franchising authority made pursuant to this section, or has been adversely affected by a failure of the franchising authority to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of section 555 of this title. (2) The court shall grant appropriate relief if the court finds that - (A) any action of the franchising authority is not in compliance with the procedural requirements of this section; or (B) in the event of a final decision of the franchising authority denying the renewal proposal, the operator has demonstrated that the adverse finding of the franchising authority with respect to each of the factors described in subparagraphs (A) through (D) of subsection (c)(1) of this section on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (c) of this section. (f) Finality of administrative decision Any decision of a franchising authority on a proposal for renewal shall not be considered final unless all administrative review by the State has occurred or the opportunity therefor has lapsed. (g) 'Franchise expiration' defined For purposes of this section, the term 'franchise expiration' means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on October 30, 1984. (h) Alternative renewal procedures Notwithstanding the provisions of subsections (a) through (g) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time, and a franchising authority may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of subsections (a) through (g) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (g) of this section. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 626, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2791.) -REFTEXT- REFERENCES IN TEXT For 'the effective date of this subchapter', referred to in subsec. (d), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set out as an Effective Date note under section 521 of this title. -MISC2- EFFECTIVE DATE Section 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 522, 531, 532, 544, 552, 555 of this title. ------DocID 54264 Document 251 of 303------ -CITE- 47 USC Sec. 547 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part III -HEAD- Sec. 547. Conditions of sale -STATUTE- (a) If a renewal of a franchise held by a cable operator is denied and the franchising authority acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be - (1) at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself, or (2) in the case of any franchise existing on the effective date of this subchapter, at a price determined in accordance with the franchise if such franchise contains provisions applicable to such an acquisition or transfer. (b) If a franchise held by a cable operator is revoked for cause and the franchising authority acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be - (1) at an equitable price, or (2) in the case of any franchise existing on the effective date of this subchapter, at a price determined in accordance with the franchise if such franchise contains provisions applicable to such an acquisition or transfer. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 627, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2793.) -REFTEXT- REFERENCES IN TEXT For 'the effective date of this subchapter', referred to in subsecs. (a)(2) and (b)(2), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set out as an Effective Date note under section 521 of this title. -MISC2- EFFECTIVE DATE Section 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. ------DocID 54265 Document 252 of 303------ -CITE- 47 USC Part IV -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Part IV - Miscellaneous Provisions ------DocID 54266 Document 253 of 303------ -CITE- 47 USC Sec. 551 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Sec. 551. Protection of subscriber privacy -STATUTE- (a) Notice to subscriber regarding personally identifiable information; 'personally identifiable information' defined (1) At the time of entering into an agreement to provide any cable service or other service to a subscriber and at least once a year thereafter, a cable operator shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of - (A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information; (B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made; (C) the period during which such information will be maintained by the cable operator; (D) the times and place at which the subscriber may have access to such information in accordance with subsection (d) of this section; and (E) the limitations provided by this section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (f) and (h) of this section to enforce such limitations. In the case of subscribers who have entered into such an agreement before the effective date of this section, such notice shall be provided within 180 days of such date and at least once a year thereafter. (2) For purposes of this section, the term 'personally identifiable information' does not include any record of aggregate data which does not identify particular persons. (b) Collection of personally identifiable information using cable system (1) Except as provided in paragraph (2), a cable operator shall not use the cable system to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. (2) A cable operator may use the cable system to collect such information in order to - (A) obtain information necessary to render a cable service or other service provided by the cable operator to the subscriber; or (B) detect unauthorized reception of cable communications. (c) Disclosure of personally identifiable information (1) Except as provided in paragraph (2), a cable operator shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. (2) A cable operator may disclose such information if the disclosure is - (A) necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided by the cable operator to the subscriber; (B) subject to subsection (h) of this section, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; or (C) a disclosure of the names and addresses of subscribers to any cable service or other service, if - (i) the cable operator has provided the subscriber the opportunity to prohibit or limit such disclosure, and (ii) the disclosure does not reveal, directly or indirectly, the - (I) extent of any viewing or other use by the subscriber of a cable service or other service provided by the cable operator, or (II) the nature of any transaction made by the subscriber over the cable system of the cable operator. (d) Subscriber access to information A cable subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such cable operator. A cable subscriber shall be provided reasonable opportunity to correct any error in such information. (e) Destruction of information A cable operator shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (d) of this section or pursuant to a court order. (f) Civil action in United States district court; damages; attorney's fees and costs; nonexclusive nature of remedy (1) Any person aggrieved by any act of a cable operator in violation of this section may bring a civil action in a United States district court. (2) The court may award - (A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (B) punitive damages; and (C) reasonable attorneys' fees and other litigation costs reasonably incurred. (3) The remedy provided by this section shall be in addition to any other lawful remedy available to a cable subscriber. (g) Regulation by States or franchising authorities Nothing in this subchapter shall be construed to prohibit any State or any franchising authority from enacting or enforcing laws consistent with this section for the protection of subscriber privacy. (h) Disclosure of information to governmental entity pursuant to court order A governmental entity may obtain personally identifiable information concerning a cable subscriber pursuant to a court order only if, in the court proceeding relevant to such court order - (1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and (2) the subject of the information is afforded the opportunity to appear and contest such entity's claim. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 631, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2794.) -REFTEXT- REFERENCES IN TEXT For 'the effective date of this section', referred to in subsec. (a)(1), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set out as an Effective Date note under section 521 of this title. -MISC2- EFFECTIVE DATE Section 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. ------DocID 54267 Document 254 of 303------ -CITE- 47 USC Sec. 552 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Sec. 552. Consumer protection -STATUTE- (a) Inclusion of enforcement provisions in franchise A franchising authority may require, as part of a franchise (including a franchise renewal, subject to section 546 of this title), provisions for enforcement of - (1) customer service requirements of the cable operator; and (2) construction schedules and other construction-related requirements of the cable operator. (b) Enforcement powers of franchising authority A franchising authority may enforce any provision, contained in any franchise, relating to requirements described in paragraph (1) or (2) of subsection (a) of this section, to the extent not inconsistent with this subchapter. (c) Regulation by States or franchising authorities not preempted Nothing in this subchapter shall be construed to prohibit any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not inconsistent with this subchapter. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 632, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2796.) -MISC1- EFFECTIVE DATE Section 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. ------DocID 54268 Document 255 of 303------ -CITE- 47 USC Sec. 553 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Sec. 553. Unauthorized reception of cable service -STATUTE- (a) Unauthorized interception or receipt or assistance in intercepting or receiving service; 'assist in intercepting or receiving' defined (1) No person shall intercept or receive or assist in intercepting or receiving any communications service offered over a cable system, unless specifically authorized to do so by a cable operator or as may otherwise be specifically authorized by law. (2) For the purpose of this section, the term 'assist in intercepting or receiving' shall include the manufacture or distribution of equipment intended by the manufacturer or distributor (as the case may be) for unauthorized reception of any communications service offered over a cable system in violation of subparagraph (1). (b) Penalties for willful violation (1) Any person who willfully violates subsection (a)(1) of this section shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both. (2) Any person who violates subsection (a)(1) of this section willfully and for purposes of commercial advantage or private financial gain shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both, for any subsequent offense. (c) Civil action in district court; injunctions; damages; attorney's fees and costs; regulation by States or franchising authorities (1) Any person aggrieved by any violation of subsection (a)(1) of this section may bring a civil action in a United States district court or in any other court of competent jurisdiction. (2) The court may - (A) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection (a)(1) of this section; (B) award damages as described in paragraph (3); and (C) direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails. (3)(A) Damages awarded by any court under this section shall be computed in accordance with either of the following clauses: (i) the party aggrieved may recover the actual damages suffered by him as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages; in determining the violator's profits, the party aggrieved shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation; or (ii) the party aggrieved may recover an award of statutory damages for all violations involved in the action, in a sum of not less than $250 or more than $10,000 as the court considers just. (B) In any case in which the court finds that the violation was committed willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory under subparagraph (A), by an amount of not more than $50,000. (C) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of damages to a sum of not less than $100. (D) Nothing in this subchapter shall prevent any State or franchising authority from enacting or enforcing laws, consistent with this section, regarding the unauthorized interception or reception of any cable service or other communications service. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 633, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2796.) -MISC1- EFFECTIVE DATE Section 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 2511. ------DocID 54269 Document 256 of 303------ -CITE- 47 USC Sec. 554 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Sec. 554. Equal employment opportunity -STATUTE- (a) Entities within scope of coverage This section shall apply to any corporation, partnership, association, joint-stock company, or trust engaged primarily in the management or operation of any cable system. (b) Discrimination prohibited Equal opportunity in employment shall be afforded by each entity specified in subsection (a) of this section, and no person shall be discriminated against in employment by such entity because of race, color, religion, national origin, age, or sex. (c) Equal opportunity programs; establishment; maintenance; execution; terms Any entity specified in subsection (a) of this section shall establish, maintain, and execute a positive continuing program of specific practices designed to ensure equal opportunity in every aspect of its employment policies and practices. Under the terms of its program, each such entity shall - (1) define the responsibility of each level of management to ensure a positive application and vigorous enforcement of its policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance; (2) inform its employees and recognized employee organizations of the equal employment opportunity policy and program and enlist their cooperation; (3) communicate its equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, age, or sex, and solicit their recruitment assistance on a continuing basis; (4) conduct a continuing program to exclude every form of prejudice or discrimination based on race, color, religion, national origin, age, or sex, from its personnel policies and practices and working conditions; and (5) conduct a continuing review of job structure and employment practices and adopt positive recruitment, training, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all its organizational units, occupations, and levels of responsibility. (d) Promulgation and amendment of rules; required provisions; annual statistical report; notice and comment on amendments (1) Not later than 270 days after the effective date of this section, and after notice and opportunity for hearing, the Commission shall prescribe rules to carry out this section. (2) Such rules shall specify the terms under which an entity specified in subsection (a) of this section shall, to the extent possible - (A) disseminate its equal opportunity program to job applicants, employees, and those with whom it regularly does business; (B) use minority organizations, organizations for women, media, educational institutions, and other potential sources of minority and female applicants, to supply referrals whenever jobs are available in its operation; (C) evaluate its employment profile and job turnover against the availability of minorities and women in its franchise area; (D) undertake to offer promotions of minorities and women to positions of greater responsibility; (E) encourage minority and female entrepreneurs to conduct business with all parts of its operation; and (F) analyze the results of its efforts to recruit, hire, promote, and use the services of minorities and women and explain any difficulties encountered in implementing its equal employment opportunity program. (3) Such rules also shall require an entity specified in subsection (a) of this section with more than 5 full-time employees to file with the Commission an annual statistical report identifying by race and sex the number of employees in each of the following full-time and part-time job categories: (A) officials and managers; (B) professionals; (C) technicians; (D) sales persons; (E) office and clerical personnel; (F) skilled craft persons; (G) semiskilled operatives; (H) unskilled laborers; and (I) service workers. The report shall include the number of minorities and women in the relevant labor market for each of the above categories. The statistical report shall be available to the public at the central office and at every location where more than 5 full-time employees are regularly assigned to work. (4) The Commission may amend such rules from time to time to the extent necessary to carry out the provisions of this section. Any such amendment shall be made after notice and opportunity for comment. (e) Annual certification of compliance; periodic investigation of employment practices (1) On an annual basis, the Commission shall certify each entity described in subsection (a) of this section as in compliance with this section if, on the basis of information in the possession of the Commission, including the report filed pursuant to subsection (d)(3) of this section, such entity was in compliance, during the annual period involved, with the requirements of subsections (b), (c), and (d) of this section. (2) The Commission shall, periodically but not less frequently than every five years, investigate the employment practices of each entity described in subsection (a) of this section, in the aggregate, as well as in individual job categories, and determine whether such entity is in compliance with the requirements of subsections (b), (c), and (d) of this section, including whether such entity's employment practices deny or abridge women and minorities equal employment opportunities. As part of such investigation, the Commission shall review whether the entity's reports filed pursuant to subsection (d)(3) of this section accurately reflect employee responsibilities in the reported job classifications. (f) Substantial failure to comply; penalties; notice to public and franchising authorities (1) If the Commission finds after notice and hearing that the entity involved has willfully or repeatedly without good cause failed to comply with the requirements of this section, such failure shall constitute a substantial failure to comply with this subchapter. The failure to obtain certification under subsection (e) of this section shall not itself constitute the basis for a determination of substantial failure to comply with this title. For purposes of this paragraph, the term 'repeatedly', when used with respect to failures to comply, refers to 3 or more failures during any 7-year period. (2) Any person who is determined by the Commission, through an investigation pursuant to subsection (e) of this section or otherwise, to have failed to meet or failed to make best efforts to meet the requirements of this section, or rules under this section, shall be liable to the United States for a forfeiture penalty of $200 for each violation. Each day of a continuing violation shall constitute a separate offense. Any entity defined in subsection (a) of this section shall not be liable for more than 180 days of forfeitures which accrued prior to notification by the Commission of a potential violation. Nothing in this paragraph shall limit the forfeiture imposed on any person as a result of any violation that continues subsequent to such notification. In addition, any person liable for such penalty may also have any license under this chapter for cable auxiliary relay service suspended until the Commission determines that the failure involved has been corrected. Whoever knowingly makes any false statement or submits documentation which he knows to be false, pursuant to an application for certification under this section shall be in violation of this section. (3) The provisions of paragraphs (3) and (4), and the last 2 sentences of paragraph (2), of section 503(b) of this title shall apply to forfeitures under this subsection. (4) The Commission shall provide for notice to the public and appropriate franchising authorities of any penalty imposed under this section. (g) Discrimination complaints; investigation; enforcement Employees or applicants for employment who believe they have been discriminated against in violation of the requirements of this section, or rules under this section, or any other interested person, may file a complaint with the Commission. A complaint by any such person shall be in writing, and shall be signed and sworn to by that person. The regulations under subsection (d)(1) of this section shall specify a program, under authorities otherwise available to the Commission, for the investigation of complaints and violations, and for the enforcement of this section. (h) 'Cable operator' defined; owners of multiple unit dwellings (1) For purposes of this section, the term 'cable operator' includes any operator of any satellite master antenna television system, including a system described in section 522(6)(A) of this title. (2) Such term does not include any operator of a system which, in the aggregate, serves fewer than 50 subscribers. (3) In any case in which a cable operator is the owner of a multiple unit dwelling, the requirements of this section shall only apply to such cable operator with respect to its employees who are primarily engaged in cable telecommunications. (i) Regulatory powers of States and franchising authorities; nonexclusive nature of remedies and enforcement provisions; covered franchises (1) Nothing in this section shall affect the authority of any State or any franchising authority - (A) to establish or enforce any requirement which is consistent with the requirements of this section, including any requirement which affords equal employment opportunity protection for employees; (B) to establish or enforce any provision requiring or encouraging any cable operator to conduct business with enterprises which are owned or controlled by members of minority groups (as defined in section 309(i)(3)(C)(ii) of this title) or which have their principal operations located within the community served by the cable operator; or (C) to enforce any requirement of a franchise in effect on the effective date of this subchapter. (2) The remedies and enforcement provisions of this section are in addition to, and not in lieu of, those available under this or any other law. (3) The provisions of this section shall apply to any cable operator, whether operating pursuant to a franchise granted before, on, or after October 30, 1984. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 634, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2797.) -REFTEXT- REFERENCES IN TEXT For 'the effective date of this section' and 'the effective date of this subchapter', referred to in subsecs. (d)(1) and (i)(1)(C), respectively, as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set out as an Effective Date note under section 521 of this title. -MISC2- EFFECTIVE DATE Section 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. ------DocID 54270 Document 257 of 303------ -CITE- 47 USC Sec. 555 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Sec. 555. Judicial proceedings -STATUTE- (a) Any cable operator adversely affected by any final determination made by a franchising authority under section 545 or 546 of this title may commence an action within 120 days after receiving notice of such determination, which may be brought in - (1) the district court of the United States for any judicial district in which the cable system is located; or (2) in any State court of general jurisdiction having jurisdiction over the parties. (b) The court may award any appropriate relief consistent with the provisions of the relevant section described in subsection (a) of this section. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 635, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2800.) -MISC1- EFFECTIVE DATE Section 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 545, 546 of this title. ------DocID 54271 Document 258 of 303------ -CITE- 47 USC Sec. 556 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Sec. 556. Coordination of Federal, State, and local authority -STATUTE- (a) Regulation by States, political subdivisions, State and local agencies, and franchising authorities Nothing in this subchapter shall be construed to affect any authority of any State, political subdivision, or agency thereof, or franchising authority, regarding matters of public health, safety, and welfare, to the extent consistent with the express provisions of this subchapter. (b) State jurisdiction with regard to cable services Nothing in this subchapter shall be construed to restrict a State from exercising jurisdiction with regard to cable services consistent with this subchapter. (c) Preemption Except as provided in section 557 of this title, any provision of law of any State, political subdivision, or agency thereof, or franchising authority, or any provision of any franchise granted by such authority, which is inconsistent with this chapter shall be deemed to be preempted and superseded. (d) 'State' defined For purposes of this section, the term 'State' has the meaning given such term in section 153(v) of this title. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 636, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2800.) -MISC1- EFFECTIVE DATE Section 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. ------DocID 54272 Document 259 of 303------ -CITE- 47 USC Sec. 557 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Sec. 557. Existing franchises -STATUTE- (a) The provisions of - (1) any franchise in effect on the effective date of this subchapter, including any such provisions which relate to the designation, use, or support for the use of channel capacity for public, educational, or governmental use, and (2) any law of any State (as defined in section 153(v) of this title) in effect on October 30, 1984, or any regulation promulgated pursuant to such law, which relates to such designation, use or support of such channel capacity, shall remain in effect, subject to the express provisions of this subchapter, and for not longer than the then current remaining term of the franchise as such franchise existed on such effective date. (b) For purposes of subsection (a) of this section and other provisions of this subchapter, a franchise shall be considered in effect on the effective date of this subchapter if such franchise was granted on or before such effective date. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 637, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2800.) -REFTEXT- REFERENCES IN TEXT For 'the effective date of this subchapter' and 'such effective date', referred to in subsecs. (a) and (b), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set out as an Effective Date note under section 521 of this title. -MISC2- EFFECTIVE DATE Section 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 532, 556 of this title. ------DocID 54273 Document 260 of 303------ -CITE- 47 USC Sec. 558 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Sec. 558. Criminal and civil liability -STATUTE- Nothing in this subchapter shall be deemed to affect the criminal or civil liability of cable programmers or cable operators pursuant to the Federal, State, or local law of libel, slander, obscenity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, except that cable operators shall not incur any such liability for any program carried on any channel designated for public, educational, governmental use or on any other channel obtained under section 532 of this title or under similar arrangements. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 638, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2801.) -MISC1- EFFECTIVE DATE Section 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. ------DocID 54274 Document 261 of 303------ -CITE- 47 USC Sec. 559 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER V-A Part IV -HEAD- Sec. 559. Obscene programming -STATUTE- Whoever transmits over any cable system any matter which is obscene or otherwise unprotected by the Constitution of the United States shall be fined not more than $10,000 or imprisoned not more than 2 years, or both. -SOURCE- (June 19, 1934, ch. 652, title VI, Sec. 639, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 2, 98 Stat. 2801.) -MISC1- EFFECTIVE DATE Section 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. ------DocID 54275 Document 262 of 303------ -CITE- 47 USC SUBCHAPTER VI -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - MISCELLANEOUS PROVISIONS ------DocID 54276 Document 263 of 303------ -CITE- 47 USC Sec. 601 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 601. Interstate Commerce Commission and Postmaster General; duties, powers, and functions transferred to Commission -STATUTE- (a) All duties, powers, and functions of the Interstate Commerce Commission under sections 9 to 15 of this title, relating to operation of telegraph lines by railroad and telegraph companies granted Government aid in the construction of their lines, are imposed upon and vested in the Commission: Provided, That such transfer of duties, powers, and functions shall not be construed to affect the duties, powers, functions, or jurisdiction of the Interstate Commerce Commission under, or to interfere with or prevent the enforcement of, subtitle IV of title 49. (b) All duties, powers, and functions of the Postmaster General with respect to telegraph companies and telegraph lines under any existing provision of law are imposed upon and vested in the Commission. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 701, formerly title VI, Sec. 601, 48 Stat. 1101, renumbered Oct. 30, 1984, Pub. L. 98-549, Sec. 6(a), 98 Stat. 2804.) -COD- CODIFICATION In subsec. (a), 'subtitle IV of title 49' substituted for 'the Interstate Commerce Act and all Acts amendatory thereof or supplemental thereto (49 U.S.C. 1 et seq.)' on authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (Sec. 10101 et seq.) of Title 49, Transportation. -TRANS- TRANSFER OF FUNCTIONS Office of Postmaster General of Post Office Department abolished and functions, powers, and duties of Postmaster General transferred to United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service. ------DocID 54277 Document 264 of 303------ -CITE- 47 USC Sec. 602 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 602. Omitted -COD- CODIFICATION Section, acts June 19, 1934, ch. 652, title VII, Sec. 702(a), (b), formerly title VI, Sec. 602(a), (b), 48 Stat. 1102; May 20, 1937, ch. 229, Sec. 15, 50 Stat. 197; Mar. 18, 1940, ch. 66, 54 Stat. 54; renumbered Oct. 30, 1984, Pub. L. 98-549, Sec. 6(a), 98 Stat. 2804, repealed certain prior provisions relating to communications and directed the Commission to study and report, not later than Jan. 1, 1941, on the radio requirements necessary for ships navigating the Great Lakes and inland waters of the United States. ------DocID 54278 Document 265 of 303------ -CITE- 47 USC Sec. 603 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 603. Transfers from Federal Radio Commission, Interstate Commerce Commission, and Postmaster General -STATUTE- (a) Employees All officers and employees of the Federal Radio Commission (except the members thereof, whose offices are abolished) whose services in the judgment of the Commission are necessary to the efficient operation of the Commission and transferred to the Commission, without change in classification or compensation; except that the Commission may provide for the adjustment of such classification or compensation to conform to the duties to which such officers and employees may be assigned. (b) Records and property There are transferred to the jurisdiction and control of the Commission (1) all records and property (including office furniture and equipment, and including monitoring radio stations) under the jurisdiction of the Federal Radio Commission, and (2) all records under the jurisdiction of the Interstate Commerce Commission and of the Postmaster General relating to the duties, powers, and functions imposed upon and vested in the Commission by this chapter. (c) Appropriations All appropriations and unexpended balances of appropriations available for expenditure by the Federal Radio Commission shall be available for expenditure by the Commission for any and all objects of expenditure authorized by this chapter in the discretion of the Commission, without regard to the requirement of apportionment under subchapter II of chapter 15 of title 31. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 703, formerly title VI, Sec. 603, 48 Stat. 1102, renumbered Oct. 30, 1984, Pub. L. 98-549, Sec. 6(a), 98 Stat. 2804.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original 'this Act', meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. -COD- CODIFICATION In subsec. (c), 'subchapter II of chapter 15 of title 31' substituted for 'the Antideficiency Act of February 27, 1906 (31 U.S.C. 665)' 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. -TRANS- TRANSFER OF FUNCTIONS Office of Postmaster General of Post Office Department abolished and functions, powers, and duties of Postmaster General transferred to United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service. ------DocID 54279 Document 266 of 303------ -CITE- 47 USC Sec. 604 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 604. Effect of transfer -STATUTE- (a) Orders, determinations, rules, regulations, permits, contracts, licenses, and privileges All orders, determinations, rules, regulations, permits, contracts, licenses, and privileges which have been issued, made, or granted by the Interstate Commerce Commission, the Federal Radio Commission, or the Postmaster General, under any provision of law repealed or amended by this chapter or in the exercise of duties, powers, or functions transferred to the Commission by this chapter, and which are in effect at the time this section takes effect, shall continue in effect until modified, terminated, superseded, or repealed by the Commission or by operation of law. (b) Proceedings, hearings, and investigations Any proceeding, hearing, or investigation commenced or pending before the Federal Radio Commission, the Interstate Commerce Commission, or the Postmaster General, at the time of the organization of the Commission, shall be continued by the Commission in the same manner as though originally commenced before the Commission, if such proceeding, hearing, or investigation (1) involves the administration of duties, powers, and functions transferred to the Commission by this chapter, or (2) involves the exercise of jurisdiction similar to that granted to the Commission under the provisions of this chapter. (c) Availability of records All records transferred to the Commission under this chapter shall be available for use by the Commission to the same extent as if such records were originally records of the Commission. All final valuations and determinations of depreciation charges by the Interstate Commerce Commission with respect to common carriers engaged in radio or wire communication, and all orders of the Interstate Commerce Commission with respect to such valuations and determinations, shall have the same force and effect as though made by the Commission under this chapter. (d) Pending suits The provisions of this chapter shall not affect suits commenced prior to the date of the organization of the Commission; and all such suits shall be continued, proceedings therein had, appeals therein taken and judgments therein rendered, in the same manner and with the same effect as if this chapter had not been passed. No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the United States, in relation to the discharge of official duties, shall abate by reason of any transfer of authority, power, and duties from such agency or officer to the Commission under the provisions of this chapter, but the court, upon motion or supplemental petition filed at any time within twelve months after such transfer, showing the necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the Commission. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 704, formerly title VI, Sec. 604, 48 Stat. 1103, renumbered Oct. 30, 1984, Pub. L. 98-549, Sec. 6(a), 98 Stat. 2804.) -TRANS- TRANSFER OF FUNCTIONS Office of Postmaster General of Post Office Department abolished and functions, powers, and duties of Postmaster General transferred to United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service. ------DocID 54280 Document 267 of 303------ -CITE- 47 USC Sec. 605 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 605. Unauthorized publication or use of communications -STATUTE- (a) Practices prohibited Except as authorized by chapter 119, title 18, no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, (1) to any person other than the addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, (4) to the master of a ship under whom he is serving, (5) in response to a subpena issued by a court of competent jurisdiction, or (6) on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. This section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication which is transmitted by any station for the use of the general public, which relates to ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator. (b) Exceptions The provisions of subsection (a) of this section shall not apply to the interception or receipt by any individual, or the assisting (including the manufacture or sale) of such interception or receipt, of any satellite cable programming for private viewing if - (1) the programming involved is not encrypted; and (2)(A) a marketing system is not established under which - (i) an agent or agents have been lawfully designated for the purpose of authorizing private viewing by individuals, and (ii) such authorization is available to the individual involved from the appropriate agent or agents; or (B) a marketing system described in subparagraph (A) is established and the individuals receiving such programming has obtained authorization for private viewing under that system. (c) Scrambling of Public Broadcasting Service programming No person shall encrypt or continue to encrypt satellite delivered programs included in the National Program Service of the Public Broadcasting Service and intended for public viewing by retransmission by television broadcast stations; except that as long as at least one unencrypted satellite transmission of any program subject to this subsection is provided, this subsection shall not prohibit additional encrypted satellite transmissions of the same program. (d) Definitions For purposes of this section - (1) the term 'satellite cable programming' means video programming which is transmitted via satellite and which is primarily intended for the direct receipt by cable operators for their retransmission to cable subscribers; (2) the term 'agent', with respect to any person, includes an employee of such person; (3) the term 'encrypt', when used with respect to satellite cable programming, means to transmit such programming in a form whereby the aural and visual characteristics (or both) are modified or altered for the purpose of preventing the unauthorized receipt of such programming by persons without authorized equipment which is designed to eliminate the effects of such modification or alteration; (4) the term 'private viewing' means the viewing for private use in an individual's dwelling unit by means of equipment, owned or operated by such individual, capable of receiving satellite cable programming directly from a satellite; (5) the term 'private financial gain' shall not include the gain resulting to any individual for the private use in such individual's dwelling unit of any programming for which the individual has not obtained authorization for that use; and (6) the term 'any person aggrieved' shall include any person with proprietary rights in the intercepted communication by wire or radio, including wholesale or retail distributors of satellite cable programming, and, in the case of a violation of paragraph (4) of subsection (d) (FOOTNOTE 1) of this section, shall also include any person engaged in the lawful manufacture, distribution, or sale of equipment necessary to authorize or receive satellite cable programming. (FOOTNOTE 1) So in original. Probably should be subsection '(e)'. (e) Penalties; civil actions; remedies; attorney's fees and costs; computation of damages; regulation by State and local authorities (1) Any person who willfully violates subsection (a) of this section shall be fined not more than $2,000 or imprisoned for not more than 6 months, or both. (2) Any person who violates subsection (a) of this section willfully and for purposes of direct or indirect commercial advantage or private financial gain shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both, for the first such conviction and shall be fined not more than $100,000 or imprisoned for not more than 5 years, or both, for any subsequent conviction. (3)(A) Any person aggrieved by any violation of subsection (a) of this section or paragraph (4) of subsection (d) (FOOTNOTE 1) of this section may bring a civil action in a United States district court or in any other court of competent jurisdiction. (B) The court - (i) may grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection (a) of this section; (ii) may award damages as described in subparagraph (C); and (iii) shall direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails. (C)(i) Damages awarded by any court under this section shall be computed, at the election of the aggrieved party, in accordance with either of the following subclauses; (I) the party aggrieved may recover the actual damages suffered by him as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages; in determining the violator's profits, the party aggrieved shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation; or (II) the party aggrieved may recover an award of statutory damages for each violation of subsection (a) of this section involved in the action in a sum of not less than $1,000 or more than $10,000, as the court considers just, and for each violation of paragraph (4) of this subsection involved in the action an aggrieved party may recover statutory damages in a sum not less than $10,000, or more than $100,000, as the court considers just. (ii) In any case in which the court finds that the violation was committed willfully and for purposes of direct or indirect commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory, by an amount of not more than $100,000 for each violation of subsection (a) of this section. (iii) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of damages to a sum of not less than $250. (4) Any person who manufactures, assembles, modifies, imports, exports, sells, or distributes any electronic, mechanical, or other device or equipment, knowing or having reason to know that the device or equipment is primarily of assistance in the unauthorized decryption of satellite cable programming, or is intended for any other activity prohibited by subsection (a) of this section, shall be fined not more than $500,000 for each violation, or imprisoned for not more than 5 years for each violation, or both. For purposes of all penalties and remedies established for violations of this paragraph, the prohibited activity established herein as it applies to each such device shall be deemed a separate violation. (5) The penalties under this subsection shall be in addition to those prescribed under any other provision of this subchapter. (6) Nothing in this subsection shall prevent any State, or political subdivision thereof, from enacting or enforcing any laws with respect to the importation, sale, manufacture, or distribution of equipment by any person with the intent of its use to assist in the interception or receipt of radio communications prohibited by subsection (a) of this section. (f) (FOOTNOTE 2) Rights, obligations, and liabilities under other laws unaffected (FOOTNOTE 2) So in original. There are two subsecs. designated '(f)'. Nothing in this section shall affect any right, obligation, or liability under title 17, any rule, regulation, or order thereunder, or any other applicable Federal, State, or local law. (f) (FOOTNOTE 2) Universal encryption standard Within 6 months after November 16, 1988, the Federal Communications Commission shall initiate an inquiry concerning the need for a universal encryption standard that permits decryption of satellite cable programming intended for private viewing. In conducting such inquiry, the Commission shall take into account - (1) consumer costs and benefits of any such standard, including consumer investment in equipment in operation; (2) incorporation of technological enhancements, including advanced television formats; (3) whether any such standard would effectively prevent present and future unauthorized decryption of satellite cable programming; (4) the costs and benefits of any such standard on other authorized users of encrypted satellite cable programming, including cable systems and satellite master antenna television systems; (5) the effect of any such standard on competition in the manufacture of decryption equipment; and (6) the impact of the time delay associated with the Commission procedures necessary for establishment of such standards. (g) Rulemaking for encryption standard If the Commission finds, based on the information gathered from the inquiry required by subsection (f) of this section, that a universal encryption standard is necessary and in the public interest, the Commission shall initiate a rulemaking to establish such a standard. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 705, formerly title VI, Sec. 605, 48 Stat. 1103; June 19, 1968, Pub. L. 90-351, title III, Sec. 803, 82 Stat. 223; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 126, 96 Stat. 1099; renumbered and amended Oct. 30, 1984, Pub. L. 98-549, Sec. 5(a), 6(a), 98 Stat. 2802, 2804; Nov. 7, 1988, Pub. L. 100-626, Sec. 11, 102 Stat. 3211; Nov. 16, 1988, Pub. L. 100-667, title II, Sec. 204, 205, 102 Stat. 3958, 3959.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 207 of Pub. L. 100-667, see Effective and Termination Dates of 1988 Amendment note below. -MISC1- AMENDMENTS 1988 - Subsecs. (c), (d). Pub. L. 100-626 added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(6). Pub. L. 100-667, Sec. 205(1), which directed the addition of par. (6) to subsec. (c), was executed to subsec. (d) to reflect the probable intent of Congress and the intervening redesignation of subsec. (c) as (d) by Pub. L. 100-626. Subsec. (e). Pub. L. 100-667, Sec. 205(2)-(12), which directed the amendment of subsec. (d)(1) to (4) of this section, was executed to subsec. (e)(1) to (4) of this section, see below, to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (e) by Pub. L. 100-626. Pub. L. 100-626 redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 100-667, Sec. 205(2), substituted '$2,000' for '$1,000'. Subsec. (e)(2). Pub. L. 100-667, Sec. 205(3), substituted '$50,000 or imprisoned for not more than 2 years, or both, for the first such conviction and shall be fined not more than $100,000 or imprisoned for not more than 5 years' for '$25,000 or imprisoned for not more than 1 year, or both, for the first such conviction and shall be fined not more than $50,000 or imprisoned for not more than 2 years'. Subsec. (e)(3)(A). Pub. L. 100-667, Sec. 205(4), inserted 'or paragraph (4) of subsection (d) of this section' before 'may bring'. Subsec. (e)(3)(B). Pub. L. 100-667, Sec. 205(5)-(8), struck out 'may' after 'The court' and substituted 'may grant' for 'grant' in cl. (i), 'may award' for 'award' in cl. (ii), and 'shall direct' for 'direct' in cl. (iii). Subsec. (e)(3)(C)(i)(II). Pub. L. 100-667, Sec. 205(9), inserted 'of subsection (a) of this section' after 'violation', substituted '$1,000' for '$250', and inserted before period at end ', and for each violation of paragraph (4) of this subsection involved in the action an aggrieved party may recover statutory damages in a sum not less than $10,000, or more than $100,000, as the court considers just'. Subsec. (e)(3)(C)(ii). Pub. L. 100-667, Sec. 205(10), substituted '$100,000 for each violation of subsection (a) of this section' for '$50,000'. Subsec. (e)(3)(C)(iii). Pub. L. 100-667, Sec. 205(11), substituted '$250' for '$100'. Subsec. (e)(4). Pub. L. 100-667, Sec. 205(12), added par. (4) and struck out former par. (4) which read as follows: 'The importation, manufacture, sale, or distribution of equipment by any person with the intent of its use to assist in any activity prohibited by subsection (a) of this section shall be subject to penalties and remedies under this subsection to the same extent and in the same manner as a person who has engaged in such prohibited activity.' Subsec. (f). Pub. L. 100-667, Sec. 204, 207, temporarily added subsec. (f) relating to universal encryption standard. See Effective and Termination Dates of 1988 Amendment note below. Pub. L. 100-626 redesignated subsec. (e), relating to rights, obligations, and liabilities under other laws, as (f). Subsec. (g). Pub. L. 100-667, Sec. 204, 207, temporarily added subsec. (g). See Effective and Termination Dates of 1988 Amendment note below. 1984 - Pub. L. 98-549, Sec. 5(a), designated existing provisions as subsec. (a) and added subsecs. (b) to (e). 1982 - Pub. L. 97-259 struck out 'broadcast or' after 'communication which is', substituted 'any station' for 'amateurs or others', struck out 'or' after 'general public,', and substituted 'ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator' for 'ships in distress'. 1968 - Pub. L. 90-351 inserted 'Except as authorized by chapter 119, title 18', designated existing provisions as cls. (1) to (6), inserted 'radio' before 'communication' in second and fourth sentences, struck out 'wire or' before 'radio' in third sentence, and substituted 'intercepted' for 'obtained' in fourth sentence. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS Amendment by Pub. L. 100-667 effective Jan. 1, 1989, and amendment by section 204 of Pub. L. 100-667 ceases to be effective Dec. 31, 1994, see sections 206 and 207 of Pub. L. 100-667, set out as an Effective and Termination Dates note under section 119 of Title 17, Copyrights. EFFECTIVE DATE OF 1984 AMENDMENT Section 5(b) of Pub. L. 98-549 provided that: 'The amendments made by subsection (a) (amending this section) shall take effect on the effective date of this Act (Dec. 29, 1984).' 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 an Effective Date note under section 521 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 612 of this title; title 18 section 2511; title 50 section 1805. ------DocID 54281 Document 268 of 303------ -CITE- 47 USC Sec. 606 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 606. War powers of President -STATUTE- (a) Priority communications During the continuance of a war in which the United States is engaged, the President is authorized, if he finds it necessary for the national defense and security, to direct that such communications as in his judgment may be essential to the national defense and security shall have preference or priority with any carrier subject to this chapter. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them and for any such purpose he is authorized to issue orders directly, or through such person or persons as he designates for the purpose, or through the Commission. Any carrier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction. (b) Obstruction of interstate or foreign communications It shall be unlawful for any person during any war in which the United States is engaged to knowingly or willfully, by physical force or intimidation by threats of physical force, obstruct or retard or aid in obstructing or retarding interstate or foreign communication by radio or wire. The President is authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of communication: Provided, That nothing in this section shall be construed to repeal, modify, or affect either section 17 of title 15 or section 52 of title 29. (c) Suspension or amendment of rules and regulations applicable to certain emission stations or devices Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States as prescribed by the Commission, and may cause the closing of any station for radio communication, or any device capable of emitting electromagnetic radiations between 10 kilocycles and 100,000 megacycles, which is suitable for use as a navigational aid beyond five miles, and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station or device and/or its apparatus and equipment, by any department of the Government under such regulations as he may prescribe upon just compensation to the owners. The authority granted to the President, under this subsection, to cause the closing of any station or device and the removal therefrom of its apparatus and equipment, or to authorize the use or control of any station or device and/or its apparatus and equipment, may be exercised in the Canal Zone. (d) Suspension or amendment of rules and regulations applicable to wire communications; closing of facilities; Government use of facilities Upon proclamation by the President that there exists a state or threat of war involving the United States, the President, if he deems it necessary in the interest of the national security and defense, may, during a period ending not later than six months after the termination of such state or threat of war and not later than such earlier date as the Congress by concurrent resolution may designate, (1) suspend or amend the rules and regulations applicable to any or all facilities or stations for wire communication within the jurisdiction of the United States as prescribed by the Commission, (2) cause the closing of any facility or station for wire communication and the removal therefrom of its apparatus and equipment, or (3) authorize the use or control of any such facility or station and its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners. (e) Compensation The President shall ascertain the just compensation for such use or control and certify the amount ascertained to Congress for appropriation and payment to the person entitled thereto. If the amount so certified is unsatisfactory to the person entitled thereto, such person shall be paid only 75 per centum of the amount and shall be entitled to sue the United States to recover such further sum as added to such payment of 75 per centum will make such amount as will be just compensation for the use and control. Such suit shall be brought in the manner provided by section 1346 or section 1491 of title 28. (f) Affect on State laws and powers Nothing in subsection (c) or (d) of this section shall be construed to amend, repeal, impair, or affect existing laws or powers of the States in relation to taxation or the lawful police regulations of the several States, except wherein such laws, powers, or regulations may affect the transmission of Government communications, or the issue of stocks and bonds by any communication system or systems. (g) Limitations upon Presidential power Nothing in subsection (c) or (d) of this section shall be construed to authorize the President to make any amendment to the rules and regulations of the Commission which the Commission would not be authorized by law to make; and nothing in subsection (d) of this section shall be construed to authorize the President to take any action the force and effect of which shall continue beyond the date after which taking of such action would not have been authorized. (h) Penalties Any person who willfully does or causes or suffers to be done any act prohibited pursuant to the exercise of the President's authority under this section, or who willfully fails to do any act which he is required to do pursuant to the exercise of the President's authority under this section, or who willfully causes or suffers such failure, shall, upon conviction thereof, be punished for such offense by a fine of not more than $1,000 or by imprisonment for not more than one year, or both, and, if a firm, partnership, association, or corporation, by fine of not more than $5,000, except that any person who commits such an offense with intent to injure the United States, or with intent to secure an advantage to any foreign nation, shall, upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than 20 years, or both. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 706, formerly title VI, Sec. 606, 48 Stat. 1104; Jan. 26, 1942, ch. 18, Sec. 1, 2, 56 Stat. 18; Dec. 29, 1942, ch. 836, 56 Stat. 1096; July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449; Oct. 24, 1951, ch. 553, Sec. 1, 2, 65 Stat. 611; renumbered Pub. L. 98-549, Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (c), see section 3602(b) of Title 22, Foreign Relations and Intercourse. -COD- CODIFICATION In subsec. (e), 'section 1346 or section 1491 of title 28' substituted for 'paragraph 20 of section 24 or by section 145, of the Judicial Code, as amended' (which were classified to sections 41(20) and 250 of former Title 28, Judicial Code and Judiciary) on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. Section 1346 of Title 28 sets forth the basic jurisdiction of the district courts in cases in which the United States is defendant. Section 1491 of Title 28 sets forth the basic jurisdiction of the United States Court of Claims. Sections 24(20) and 145 of the Judicial Code were also classified to sections 1496, 1501, 1503, 2401, 2402, and 2501 of Title 28. -MISC3- AMENDMENTS 1951 - Subsec. (c). Act Oct. 24, 1951, Sec. 1, clarified scope of President's powers to use, control, and close radio facilities of all kinds which might be useful to an enemy for navigational purposes. Subsec. (h). Act Oct. 24, 1951, Sec. 2, added subsec. (h). 1947 - Subsec. (h). Act July 25, 1947, struck out subsec. (h) which related to modification of certain sections of this title until six months after termination of World War II for the protection of vessels in wartime. 1942 - Subsecs. (d), (e). Act Jan. 26, 1942, Sec. 1, added subsec. (d) and redesignated former subsec. (d) as (e). Subsecs. (f), (g). Act Jan. 26, 1942, Sec. 2, added subsecs. (f) and (g). Subsec. (h). Act Dec. 29, 1942, added subsec. (h). TERMINATION OF WAR AND EMERGENCIES Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941. -EXEC- EXECUTIVE ORDER NO. 8964 Ex. Ord. No. 8964, eff. Dec. 10, 1941, 6 F.R. 6367, relating to the use and control of radio stations and preference or priority of communications was revoked by Ex. Ord. No. 9831, eff. Feb. 24, 1947, 12 F.R. 1363. EX. ORD. NO. 9831. BOARD OF WAR COMMUNICATIONS ABOLISHED Ex. Ord. No. 9831, eff. Feb. 24, 1947, 12 F.R. 1363, provided: By virtue of the authority vested in me by the Constitution and statutes, including the Communications Act of 1934 (48 Stat. 1104, as amended; 47 U.S.C. 606) and as President of the United States, and in the interest of the internal management of the Government, it is hereby ordered as follows: 1. The Board of War Communications, established as the Defense Communications Board by Executive Order No. 8546 of September 24, 1940, is abolished, and all property and records thereof are transferred to the Federal Communications Commission. 2. Executive Orders Nos. 8546 of September 24, 1940, 8960 of December 6, 1941, 8964 of December 10, 1941, 9089 of March 6, 1942, and 9183 of June 15, 1942, are revoked. Harry S Truman. EXECUTIVE ORDER NO. 10312 Ex. Ord. No. 10312, eff. Dec. 10, 1951, 16 F.R. 12452, as amended by Ex. Ord. No. 10438, eff. Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No. 10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, eff. Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, eff. Sept. 27, 1962, 27 F.R. 9683, relating to delegation of authority to the Federal Communications Commission was revoked by Ex. Ord. No. 11490, eff. Oct. 28, 1969, 34 F.R. 17567. EXECUTIVE ORDER NO. 10705 Ex. Ord. No. 10705, Apr. 17, 1957, 22 F.R. 2729, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, which related to the delegation of authority to the Director of the Office of Telecommunications Policy, was revoked by Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out as a note under section 305 of this title. EXECUTIVE ORDER NO. 11092 Ex. Ord. No. 11092, eff. Feb. 26, 1963, 28 F.R. 1847, which directed the Federal Communications Commission, subject to the policy guidance of the Director of the Office of Emergency Planning, to prepare national emergency plans and develop preparedness programs covering provisions of service by common carriers, broadcasting facilities, and the safety and special radio services; assignment of radio frequencies to Commission licensees; and the protection, reduction of vulnerability, maintenance, and restoration of facilities operated by its licensees in an emergency, all designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States, and taking into account the possibility of Government preference or priority with common carriers or of exclusive Government use or control of communications services or facilities, when authorized by law, was revoked by Ex. Ord. No. 11490, eff. Oct. 28, 1969, 34 F.R. 17567. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 309 of this title; title 18 section 2511. ------DocID 54282 Document 269 of 303------ -CITE- 47 USC Sec. 607 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 607. Effective date of chapter -STATUTE- This chapter shall take effect upon the organization of the Commission, except that this section and sections 151 and 154 of this title shall take effect July 1, 1934. The Commission shall be deemed to be organized upon such date as four members of the Commission have taken office. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 707, formerly title VI, Sec. 607, 48 Stat. 1105, renumbered Pub. L. 98-549, Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804.) -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. ------DocID 54283 Document 270 of 303------ -CITE- 47 USC Sec. 608 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 608. Separability -STATUTE- If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 708, formerly title VI, Sec. 608, 48 Stat. 1105, renumbered Pub. L. 98-549, Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804.) ------DocID 54284 Document 271 of 303------ -CITE- 47 USC Sec. 609 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 609. Short title -STATUTE- This chapter may be cited as the 'Communications Act of 1934.' -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 709, formerly title VI, Sec. 609, 48 Stat. 1105, renumbered Oct. 30, 1984, Pub. L. 98-549, Sec. 6(a), 98 Stat. 2804.) -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 enacted this chapter, amended section 35 of this title, section 21 of Title 15, Commerce and Trade, section 487 of former Title 46, Shipping, and sections 1, 2, 5, and 15 of former Title 49, Transportation, and repealed sections 484 to 487 of former Title 46. For complete classification of this Act to the Code, see Tables. -MISC2- SHORT TITLE OF 1990 AMENDMENTS Pub. L. 101-437, Sec. 1, Oct. 18, 1990, 104 Stat. 996, provided that: 'This Act (enacting sections 303a, 303b, and 394 of this title, amending section 397 of this title, renumbering former section 394 of this title as section 393a, and enacting provisions set out as notes under sections 303a, 394, and 609 of this title) may be cited as the 'Children's Television Act of 1990'.' Pub. L. 101-437, title II, Sec. 201, Oct. 18, 1990, 104 Stat. 997, provided that: 'This title (enacting section 394 of this title, amending section 397 of this title, renumbering former section 394 of this title as section 393a, and enacting provisions set out as a note under section 394 of this title) may be cited as the 'National Endowment for Children's Educational Television Act of 1990'.' Pub. L. 101-435, Sec. 1, Oct. 17, 1990, 104 Stat. 986, provided that: 'This Act (enacting section 226 of this title and provisions set out as a note under section 226 of this title) may be cited as the 'Telephone Operator Consumer Services Improvement Act of 1990'.' Pub. L. 101-431, Sec. 1, Oct. 15, 1990, 104 Stat. 960, provided that: 'This Act (amending sections 303 and 330 of this title and enacting provisions set out as notes under section 303 of this title) may be cited as the 'Television Decoder Circuitry Act of 1990'.' Pub. L. 101-396, Sec. 1, Sept. 28, 1990, 104 Stat. 848, provided: 'That this Act (enacting section 333 of this title, amending sections 154, 156, 203, 303, 310, and 503 of this title, and amending provisions set out as a note under section 154 of this title) may be cited as the 'Federal Communications Commission Authorization Act of 1990'.' SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-626, Sec. 1, Nov. 7, 1988, 102 Stat. 3207, provided that: 'This Act (amending sections 391, 396, 398, 399, and 605 of this title and enacting provisions set out as notes under sections 391 and 396 of this title) may be cited as the 'Public Telecommunications Act of 1988'.' Pub. L. 100-594, Sec. 1, Nov. 3, 1988, 102 Stat. 3021, provided that: 'This Act (amending sections 154 to 156, 158, 204, 208, and 405 of this title and enacting provisions set out as notes under sections 154 and 156 of this title) may be cited as the 'Federal Communications Commission Authorization Act of 1988'.' Pub. L. 100-394, Sec. 1, Aug. 16, 1988, 102 Stat. 976, provided: 'That this Act (amending section 610 of this title and enacting provisions set out as a note under section 610 of this title) may be cited as the 'Hearing Aid Compatibility Act of 1988'.' SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-549, Sec. 1(a), Oct. 30, 1984, 98 Stat. 2779, provided that: 'This Act (enacting subchapter V-A of this chapter and section 611 of this title, amending sections 152, 224, 309, and 605 of this title, section 2511 of Title 18, Crimes and Criminal Procedure, and section 1805 of Title 50, War and National Defense, and enacting provisions set out as notes under sections 521, 543, and 605 of this title) may be cited as the 'Cable Communications Policy Act of 1984'.' SHORT TITLE OF 1983 AMENDMENTS Pub. L. 98-214, Sec. 1, Dec. 8, 1983, 97 Stat. 1467, provided that: 'This Act (enacting section 157 of this title, amending sections 154, 156, 223, 310, 316, 396, and 503 of this title, and enacting provisions set out as notes under sections 156, 223, and 303 of this title) may be cited as the 'Federal Communications Commission Authorization Act of 1983'.' Pub. L. 97-410, Sec. 1, Jan. 3, 1983, 96 Stat. 2043, provided: 'That this Act (enacting section 610 of this title, amending section 734 of this title, enacting provisions set out as a note under section 610 of this title, and amending provisions set out as a note under section 396 of this title) may be cited as the 'Telecommunications for the Disabled Act of 1982'.' SHORT TITLE OF 1982 AMENDMENT Pub. L. 97-259, title I, Sec. 101, Sept. 13, 1982, 96 Stat. 1087, provided that: 'This title (enacting sections 332 and 510 of this title, amending sections 153, 154, 155, 224, 301, 302a, 303, 304, 307, 309, 311, 312, 319, 402, 405, 408, 503, and 605 of this title and section 1114 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 302a of this title) may be cited as the 'Communications Amendments Act of 1982'.' SHORT TITLE OF 1981 AMENDMENTS Pub. L. 97-130, Sec. 1, Dec 29, 1981, 95 Stat. 1687, provided that: 'This Act (amending section 222 of this title and section 1017 of Title 45, Railroads, and enacting provisions set out as notes under section 222 of this title and section 1017 of Title 45) may be referred to as the 'Record Carrier Competition Act of 1981'.' Pub. L. 97-35, title XII, Sec. 1221, Aug. 13, 1981, 95 Stat. 725, provided that: 'This chapter (chapter 1 (Sec. 1221-1234) of subtitle B of title XII of Pub. L. 97-35, enacting sections 399a and 399b of this title, amending sections 391, 392, 396, 397, and 399 of this title, and enacting provisions set out as notes under section 396 of this title) may be cited as the 'Public Broadcasting Amendments Act of 1981'.' SHORT TITLE OF 1978 AMENDMENTS Pub. L. 95-567, Sec. 1, Nov. 2, 1978, 92 Stat. 2405, provided: 'That this Act (enacting section 395 of this title, amending sections 390 to 392, 393, 394, and 396 to 398 of this title, repealing sections 392a and 395 of this title, and enacting provisions set out as notes under sections 390, 392, and 396 of this title and section 5316 of Title 5, Government Organization and Employees) may be cited as the 'Public Telecommunications Financing Act of 1978'.' Pub. L. 95-234, Sec. 1, Feb. 21, 1978, 92 Stat. 33, provided: 'That this Act (enacting section 224 of this title, amending sections 152, 503, and 504 of this title, repealing section 510 of this title, and enacting provisions set out as a note under section 152 of this title) may be cited as the 'Communications Act Amendments of 1978'.' SHORT TITLE OF 1976 AMENDMENT Pub. L. 94-309, Sec. 1, June 5, 1976, 90 Stat. 683, provided: 'That this Act (enacting section 392a of this title and amending sections 390, 391, 392, 395, 397, and 399 of this title) may be cited as the 'Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976'.' SHORT TITLE OF 1975 AMENDMENT Pub. L. 94-192, Sec. 1, Dec. 31, 1975, 89 Stat. 1099, provided: 'That this Act (amending sections 396 and 397 of this title) may be cited as the 'Public Broadcasting Financing Act of 1975'.' SHORT TITLE OF 1971 AMENDMENT Pub. L. 92-131, Sec. 1, Sept. 30, 1971, 85 Stat. 363, provided that: 'This Act (amending section 410 of this title) may be cited as the 'Federal-State Communications Joint Board Act'.' SHORT TITLE OF 1970 AMENDMENT Pub. L. 91-437, Sec. 1, Oct. 7, 1970, 84 Stat. 888, provided: 'That this Act (amending section 396 of this title) may be cited as the 'Public Broadcasting Financing Act of 1970'.' SHORT TITLE OF 1969 AMENDMENT Pub. L. 91-97, Sec. 1, Oct. 27, 1969, 83 Stat. 146, provided: 'That this Act (amending sections 391 and 396 of this title) may be cited as the 'Educational Television and Radio Amendments of 1969'.' SHORT TITLE OF 1967 AMENDMENT Pub. L. 90-129, Sec. 1, Nov. 7, 1967, 81 Stat. 365, provided: 'That this Act (enacting sections 396, 398, and 399 of this title, amending sections 390 to 395 and 397 of this title, and enacting provisions set out as notes under sections 390 and 392 of this title) may be cited as the 'Public Broadcasting Act of 1967'.' SHORT TITLE OF 1960 AMENDMENT Pub. L. 86-752, Sec. 1, Sept. 13, 1960, 74 Stat. 889, provided that: 'This Act (enacting sections 508 and 509 of this title, amending sections 154, 307, 309, 311, 312, 313, 317, 319, 405, 503, and 504 of this title, and enacting provisions set out as notes under sections 309 and 405 of this title) may be cited as the 'Communications Act Amendments, 1960'.' SHORT TITLE OF 1952 AMENDMENT Act July 16, 1952, ch. 879, Sec. 1, 66 Stat. 711, provided that: 'This Act (enacting section 1343 of Title 18, Crimes and Criminal Procedure, amending sections 153 to 155, 307 to 312, 315, 316, 319, 402, 405, 409, and 410 of this title, and enacting provisions set out as notes under section 153 of this title) may be cited as the 'Communication Act Amendments, 1952'.' ------DocID 54285 Document 272 of 303------ -CITE- 47 USC Sec. 610 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 610. Telephone service for disabled -STATUTE- (a) Establishment of regulations The Commission shall establish such regulations as are necessary to ensure reasonable access to telephone service by persons with impaired hearing. (b) Hearing aid compatibility requirements (1) Except as provided in paragraphs (2) and (3), the Commission shall require that - (A) all essential telephones, and (B) all telephones manufactured in the United States (other than for export) more than one year after August 16, 1988, or imported for use in the United States more than one year after August 16, 1988, provide internal means for effective use with hearing aids that are designed to be compatible with telephones which meet established technical standards for hearing aid compatibility. (2)(A) The initial regulations prescribed by the Commission under paragraph (1) of this subsection after August 16, 1988, shall exempt from the requirements established pursuant to paragraph (1)(B) of this subsection only - (i) telephones used with public mobile services; (ii) telephones used with private radio services; (iii) cordless telephones; and (iv) secure telephones. (B) The exemption provided by such regulations for cordless telephones shall not apply with respect to cordless telephones manufactured or imported more than three years after August 16, 1988. (C) The Commission shall periodically assess the appropriateness of continuing in effect the exemptions provided by such regulations for telephones used with public mobile services and telephones used with private radio services. The Commission shall revoke or otherwise limit any such exemption if the Commission determines that - (i) such revocation or limitation is in the public interest; (ii) continuation of the exemption without such revocation or limitation would have an adverse effect on hearing-impaired individuals; (iii) compliance with the requirements of paragraph (1)(B) is technologically feasible for the telephones to which the exemption applies; and (iv) compliance with the requirements of paragraph (1)(B) would not increase costs to such an extent that the telephones to which the exemption applies could not be successfully marketed. (3) The Commission may, upon the application of any interested person, initiate a proceeding to waive the requirements of paragraph (1)(B) of this subsection with respect to new telephones, or telephones associated with a new technology or service. The Commission shall not grant such a waiver unless the Commission determines, on the basis of evidence in the record of such proceeding, that such telephones, or such technology or service, are in the public interest, and that (A) compliance with the requirements of paragraph (1)(B) is technologically infeasible, or (B) compliance with such requirements would increase the costs of the telephones, or of the technology or service, to such an extent that such telephones, technology, or service could not be successfully marketed. In any proceeding under this paragraph to grant a waiver from the requirements of paragraph (1)(B), the Commission shall consider the effect on hearing-impaired individuals of granting the waiver. The Commission shall periodically review and determine the continuing need for any waiver granted pursuant to this paragraph. (4) For purposes of this subsection - (A) the term 'essential telephones' means only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids; (B) the term 'public mobile services' means air-to-ground radiotelephone services, cellular radio telecommunications services, offshore radio, rural radio service, public land mobile telephone service, and other common carrier radio communication services covered by part 22 of title 47 of the Code of Federal Regulations; (C) the term 'private radio services' means private land mobile radio services and other communications services characterized by the Commission in its rules as private radio services; and (D) the term 'secure telephones' means telephones that are approved by the United States Government for the transmission of classified or sensitive voice communications. (c) Technical standards The Commission shall establish or approve such technical standards as are required to enforce this section. (d) Labeling of packaging materials for equipment The Commission shall establish such requirements for the labeling of packaging materials for equipment as are needed to provide adequate information to consumers on the compatibility between telephones and hearing aids. (e) Costs and benefits; encouragement of use of currently available technology In any rulemaking to implement the provisions of this section, the Commission shall specifically consider the costs and benefits to all telephone users, including persons with and without hearing impairments. The Commission shall ensure that regulations adopted to implement this section encourage the use of currently available technology and do not discourage or impair the development of improved technology. (f) Completion dates for rulemaking; retrofitting; periodic review of regulations The Commission shall complete rulemaking actions required by this section and issue specific and detailed rules and regulations resulting therefrom within one year after January 3, 1983. The Commission shall complete rulemaking actions required to implement the amendments made by the Hearing Aid Compatibility Act of 1988 within nine months after August 16, 1988. Thereafter, the Commission shall periodically review the regulations established pursuant to this section. Except for coin-operated telephones and telephones provided for emergency use, the Commission may not require the retrofitting of equipment to achieve the purposes of this section. (g) Recovery of reasonable and prudent costs Any common carrier or connecting carrier may provide specialized terminal equipment needed by persons whose hearing, speech, vision, or mobility is impaired. The State commission may allow the carrier to recover in its tariffs for regulated service reasonable and prudent costs not charged directly to users of such equipment. (h) State enforcement The Commission shall delegate to each State commission the authority to enforce within such State compliance with the specific regulations that the Commission issues under subsections (a) and (b) of this section, conditioned upon the adoption and enforcement of such regulations by the State commission. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 710, formerly title VI, Sec. 610, as added Jan. 3, 1983, Pub. L. 97-410, Sec. 3, 96 Stat. 2043; renumbered title VII, Sec. 701, Oct. 30, 1984, Pub. L. 98-549, Sec. 6(a), 98 Stat. 2804; Aug. 16, 1988, Pub. L. 100-394, Sec. 3, 102 Stat. 976.) -REFTEXT- REFERENCES IN TEXT The amendments made by the Hearing Aid Compatibility Act of 1988, referred to in subsec. (f), are the amendments made by Pub. L. 100-394, which amended this section. -MISC2- AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-394, Sec. 3(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'The Commission shall require that essential telephones provide internal means for effective use with hearing aids that are specially designed for telephone use. For purposes of this subsection, the term 'essential telephones' means only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids.' Subsec. (f). Pub. L. 100-394, Sec. 3(b), substituted 'The Commission shall complete rulemaking actions required to implement the amendments made by the Hearing Aid Compatibility Act of 1988 within nine months after August 16, 1988. Thereafter, the Commission shall periodically review the regulations established pursuant to this section.' for 'Thereafter the Commission shall periodically review such rules and regulations.' CONGRESSIONAL FINDINGS FOR 1988 AMENDMENT Section 2 of Pub. L. 100-394 provided that: 'The Congress finds that - '(1) to the fullest extent made possible by technology and medical science, hearing-impaired persons should have equal access to the national telecommunications network; '(2) present technology provides effective coupling of telephones to hearing aids used by some severely hearing-impaired persons for communicating by voice telephone; '(3) anticipated improvements in both telephone and hearing aid technologies promise greater access in the future; and '(4) universal telephone service for hearing-impaired persons will lead to greater employment opportunities and increased productivity.' CONGRESSIONAL FINDINGS Section 2 of Pub. L. 97-410 provided that: 'The Congress finds that - '(1) all persons should have available the best telephone service which is technologically and economically feasible; '(2) currently available technology is capable of providing telephone service to some individuals who, because of hearing impairments, require telephone reception by means of hearing aids with induction coils, or other inductive receptors; '(3) the lack of technical standards ensuring compatibility between hearing aids and telephones has prevented receipt of the best telephone service which is technologically and economically feasible; and '(4) adoption of technical standards is required in order to ensure compatibility between telephones and hearing aids, thereby accommodating the needs of individuals with hearing impairments.' ------DocID 54286 Document 273 of 303------ -CITE- 47 USC Sec. 611 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 611. Closed-captioning of public service announcements -STATUTE- Any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of Federal Government shall include closed captioning of the verbal content of such announcement. A television broadcast station licensee - (1) shall not be required to supply closed captioning for any such announcement that fails to include it; and (2) shall not be liable for broadcasting any such announcement without transmitting a closed caption unless the licensee intentionally fails to transmit the closed caption that was included with the announcement. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 711, as added Oct. 30, 1984, Pub. L. 98-549, Sec. 8, 98 Stat. 2804, and amended July 26, 1990, Pub. L. 101-336, title IV, Sec. 402, 104 Stat. 369.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-336 amended section generally, substituting provisions relating to closed-captioning of public service announcements for provisions relating to establishment, functions, composition, etc., of Telecommunications Policy Study Commission. EFFECTIVE DATE Section 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. ------DocID 54287 Document 274 of 303------ -CITE- 47 USC Sec. 612 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 612. Syndicated exclusivity -STATUTE- (a) The Federal Communications Commission shall, within 120 days after January 1, 1989, initiate a combined inquiry and rulemaking proceeding for the purpose of - (1) determining the feasibility of imposing syndicated exclusivity rules with respect to the delivery of syndicated programming (as defined by the Commission) for private home viewing of secondary transmissions by satellite of broadcast station signals similar to the rules issued by the Commission with respect to syndicated exclusivity and cable television; and (2) adopting such rules if the Commission considers the imposition of such rules to be feasible. (b) In the event that the Commission adopts such rules, any willful and repeated secondary transmission made by a satellite carrier to the public of a primary transmission embodying the performance or display of a work which violates such Commission rules shall be subject to the remedies, sanctions, and penalties provided by subchapter V of this chapter and section 605 of this title. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 712, as added Nov. 16, 1988, Pub. L. 100-667, title II, Sec. 203, 102 Stat. 3958.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 207 of Pub. L. 100-667, see Effective and Termination Dates note below. -MISC1- EFFECTIVE AND TERMINATION DATES Section effective Jan. 1, 1989, and ceases to be effective Dec. 31, 1994, see sections 206 and 207 of Pub. L. 100-667, set out as a note under section 119 of Title 17, Copyrights. ------DocID 54288 Document 275 of 303------ -CITE- 47 USC Sec. 613 -EXPCITE- TITLE 47 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 613. Discrimination -STATUTE- The Federal Communications Commission shall, within 1 year after January 1, 1989, prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on whether, and the extent to which, there exists discrimination described in section 119(a)(6) of title 17. -SOURCE- (June 19, 1934, ch. 652, title VII, Sec. 713, as added Nov. 16, 1988, Pub. L. 100-667, title II, Sec. 203, 102 Stat. 3958.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 207 of Pub. L. 100-667, see Effective and Termination Dates note below. -MISC1- EFFECTIVE AND TERMINATION DATES Section effective Jan. 1, 1989, and ceases to be effective Dec. 31, 1994, see sections 206 and 207 of Pub. L. 100-667, set out as a note under section 119 of Title 17, Copyrights. ------DocID 54289 Document 276 of 303------ -CITE- 47 USC CHAPTER 6 -EXPCITE- TITLE 47 CHAPTER 6 -HEAD- CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 701. Congressional declaration of policy and purpose. (a) Policy. (b) Availability of telecommunication services. (c) Private enterprise; access; competition. (d) Domestic use; additional systems. 702. Definitions. SUBCHAPTER II - FEDERAL COORDINATION, PLANNING, AND REGULATION 721. Implementation of policy. (a) Executive functions; execution of national program; review; agency coordination; supervision of foreign relationships; foreign participation; use for general governmental purposes; separate systems; compatibility with domestic and foreign facilities. (b) Administration functions; technical advice to Commission; cooperation in research and development and technical consultation with corporation; assistance and launching, associated services and other services to corporation on reimbursable basis. (c) Commission functions; competitive bidding; consultation with Small Business Administration; discrimination; just and reasonable charges, classifications, practices, regulations and other terms and conditions; allocation of facilities; establishment of communication to particular foreign point; technical compatibility of system and stations; accounting; rates; technical approval; construction and operation authorizations; financing of corporation; additions; rules and regulations. SUBCHAPTER III - COMMUNICATIONS SATELLITE CORPORATION 731. Creation of corporation; non-Government agency; laws applicable to corporation; reservation of right to amend or repeal chapter. 732. Process of organization. 733. Directors and officers. (a) Board of directors; qualifications; chairman; appointment by President; term; election by stockholders; percentage of stock ownership determining right to elect; cumulative voting; amendment of articles of incorporation; bylaws for national emergencies. (b) President of corporation; designation and appointment of other officers; compensation; United States citizenship of officers; dual salary prohibition. 734. Financing of corporation. (a) Capital stock; amount of issue; no par value shares; voting rights; dividends; price and public distribution of initial offering; shareholder eligibility. (b) 'Authorized carrier' defined; shareholder eligibility; voting rights limitation of authorized carriers and other stockholders. (c) Nonvoting security issues and certificates of indebtedness; rate base. (d) Alien share ownership limitation. (e) Inspection and copying rights. (f) Transfer and distribution of shares among authorized carriers. 735. Powers of corporation. (a) Authorized powers. (b) Specific corporate activities. (c) Usual powers of stock corporation. SUBCHAPTER IV - MISCELLANEOUS PROVISIONS 741. Common carrier status of corporation; laws applicable to corporation; common carrier activity; conflict of laws. 742. Foreign business negotiations of corporation; notice to Department of State; advice and assistance from Department of State. 743. Sanctions. (a) Petition of Attorney General for equitable relief; venue. (b) Punishment, liability or sanction under other provisions. (c) Duty of compliance with provisions of chapter and rules and regulations. 744. Reports to Congress. (a) President. (b) Corporation. (c) Commission. SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS 751. Congressional declaration of policy and purpose. (a) Development and operation of global system to serve needs of United States and foreign countries. (b) Corporate participation; private entity status; non-Government agency. 752. Corporation's status as designated operating entity. (a) Statement of purpose; interim operating arrangement authorization for participation in other systems; signature authorization. (b) Interim operating arrangements for participation in other systems; terms and conditions; participation provisions also applicable to interim arrangements. (c) Powers of corporation. (d) Financial obligation. (e) Sole ownership or/and operation of satellite earth terminal station for training of personnel pursuant to authorization of responsible executive department or Commission. (f) Additional noncorporation ownership of satellite earth terminal stations for enhancement of maritime satellite services in the public interest. (g) Operational arrangements for interconnection of satellite earth terminal stations and facilities with common carriers and private communications systems for extension of services; determinations by Commission; report to Congress. (h) Articles of incorporation provision for business transactions during national emergency with less than requisite number of directors. 753. Implementation of policy. (a) Administrative functions; agency coordination; use for general governmental purposes; separate systems; spectrum and orbital space use; compatibility with domestic and foreign facilities; interests and needs of ultimate users; Federal views on utilization and user needs. (b) Executive functions; supervision and instructions for foreign relationships and activities. (c) Commission functions; institution of proceedings; recommendations for issuance of executive instructions; public space segment channel, construction, operation and other authorizations; review; rules. (d) Commission regulatory instructions; conflicting and prevailing instructions of President. 754. Study of structure and activities of corporation. (a) Statement of objectives. (b) Report to Congress; findings, conclusions and recommendations. 755. Study of public maritime coast station services. (a) Statement of objectives. (b) Report to Congress; findings, conclusions and recommendations. 756. Study of radio navigation systems. (a) Statement of objectives. (b) Report to Congress; findings, conclusions and recommendations. 757. Definitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 26 sections 168, 883. ------DocID 54290 Document 277 of 303------ -CITE- 47 USC SUBCHAPTER I -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 54291 Document 278 of 303------ -CITE- 47 USC Sec. 701 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 701. Congressional declaration of policy and purpose -STATUTE- (a) Policy The Congress declares that it is the policy of the United States to establish, in conjunction and in cooperation with other countries, as expeditiously as practicable a commercial communications satellite system, as part of an improved global communications network, which will be responsive to public needs and national objectives, which will serve the communication needs of the United States and other countries, and which will contribute to world peace and understanding. (b) Availability of telecommunication services The new and expanded telecommunication services are to be made available as promptly as possible and are to be extended to provide global coverage at the earliest practicable date. In effectuating this program, care and attention will be directed toward providing such services to economically less developed countries and areas as well as those more highly developed, toward efficient and economical use of the electromagnetic frequency spectrum, and toward the reflection of the benefits of this new technology in both quality of services and charges for such services. (c) Private enterprise; access; competition In order to facilitate this development and to provide for the widest possible participation by private enterprise, United States participation in the global system shall be in the form of a private corporation, subject to appropriate governmental regulation. It is the intent of Congress that all authorized users shall have nondiscriminatory access to the system; that maximum competition be maintained in the provision of equipment and services utilized by the system; that the corporation created under this chapter be so organized and operated as to maintain and strengthen competition in the provision of communications services to the public; and that the activities of the corporation created under this chapter and of the persons or companies participating in the ownership of the corporation shall be consistent with the Federal antitrust laws. (d) Domestic use; additional systems It is not the intent of Congress by this chapter to preclude the use of the communications satellite system for domestic communication services where consistent with the provisions of this chapter nor to preclude the creation of additional communications satellite systems, if required to meet unique governmental needs or if otherwise required in the national interest. -SOURCE- (Pub. L. 87-624, title I, Sec. 102, Aug. 31, 1962, 76 Stat. 419.) -REFTEXT- REFERENCES IN TEXT The Federal antitrust laws, referred to in subsec. (c), are classified generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade. -MISC2- SHORT TITLE Section 101 of Pub. L. 87-624 provided that: 'This Act (enacting this chapter) may be cited as the 'Communications Satellite Act of 1962'.' For short title of title V of Pub. L. 87-624, as added by Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2392, which enacted subchapter V of this chapter, see note set out under section 751 of this title. INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION Pub. L. 99-93, title I, Sec. 146, Aug. 16, 1985, 99 Stat. 425, provided that: '(a) Policy. - The Congress declares that it is the policy of the United States - '(1) as a party to the International Telecommunications Satellite Organization (hereafter in this section referred to as 'Intelsat'), to foster and support the global commercial communications satellite system owned and operated by Intelsat; '(2) to make available to consumers a variety of communications satellite services utilizing the space segment facilities of Intelsat and any additional such facilities which are found to be in the national interest and which - '(A) are technically compatible with the use of the radio frequency spectrum and orbital space by the existing or planned Intelsat space segment, and '(B) avoid significant economic harm to the global system of Intelsat; and '(3) to authorize use and operation of any additional space segment facilities only if the obligations of the United States under article XIV(d) of the Intelsat Agreement have been met. '(b) Preconditions for Intelsat Consultation. - Before consulting with Intelsat for purposes of coordination of any separate international telecommunications satellite system under article XIV(d) of the Intelsat Agreement, the Secretary of State shall - '(1) in coordination with the Secretary of Commerce, ensure that any proposed separate international satellite telecommunications system comply with the Executive Branch conditions established pursuant to the Presidential Determination No. 85-2 (49 F.R. 46987); and '(2) ensure that one or more foreign authorities have authorized the use of such system consistent with such conditions. '(c) Amendment of Intelsat Agreement. - (1) The Secretary of State shall consult with the United States signatory to Intelsat and the Secretary of Commerce regarding the appropriate scope and character of a modification to article V(d) of the Intelsat Agreement which would permit Intelsat to establish cost-based rates for individual traffic routes, as exceptional circumstances warrant, paying particular attention to the need for avoiding significant economic harm to the global system of Intelsat as well as United States national and foreign policy interests. '(2)(A) To ensure that rates established by Intelsat for such routes are cost-based, the Secretary of State, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall instruct the United States signatory to Intelsat to ensure that sufficient documentation, including documentation regarding revenues and costs, is provided by Intelsat so as to verify that such rates are in fact cost-based. '(B) To the maximum extent possible, such documenation (documentation) will be made available to interested parties on a timely basis. '(3) Pursuant to the consultation under paragraph (1) and taking the steps prescribed in paragraph (2) to provide documentation, the United States shall support an appropriate modification to article V(d) of the Intelsat Agreement to accomplish the purpose described in paragraph (1). '(d) Congressional Consultation. - In the event that, after United States consultation with Intelsat for the purposes of coordination under article XIV(d) of the Intelsat Agreement for the establishment of a separate international telecommunications satellite system, the Assembly of Parties of Intelsat fails to recommend such a separate system, and the President determines to pursue the establishment of a separate system notwithstanding the Assembly's failure to approve such system, the Secretary of State, after consultation with the Secretary of Commerce, shall submit to the Congress a detailed report which shall set forth - '(1) the foreign policy reasons for the President's determination, and '(2) a plan for minimizing any negative effects of the President's action on Intelsat and on United States foreign policy interests. '(e) Notification to Federal Communications Commission. - In the event the Secretary of State submits a report under subsection (d), the Secretary, 60 calendar days after the receipt by the Congress of such report, shall notify the Federal Communications Commission as to whether the United States obligations under article XIV(d) of the Intelsat Agreement have been met. '(f) Implementation. - In implementing the provisions of this section, the Secretary of State shall act in accordance with Executive order 12046 (set out under section 305 of this title). '(g) Definition. - For the purposes of this section, the term 'separate international telecommunications satellite system' or 'separate system' means a system of one or more telecommunications satellites separate from the Intelsat space segment which is established to provide international telecommunications services between points within the United States and points outside the United States, except that such term shall not include any satellite or system of satellites established - '(1) primarily for domestic telecommunications purposes and which incidentally provides services on an ancillary basis to points outside the jurisdiction of the United States but within the western hemisphere, or '(2) solely for unique governmental purposes.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 743 of this title. ------DocID 54292 Document 279 of 303------ -CITE- 47 USC Sec. 702 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER I -HEAD- Sec. 702. Definitions -STATUTE- As used in this chapter, and unless the context otherwise requires - (1) the term 'communications satellite system' refers to a system of communications satellites in space whose purpose is to relay telecommunication information between satellite terminal stations, together with such associated equipment and facilities for tracking, guidance, control, and command functions as are not part of the generalized launching, tracking, control, and command facilities for all space purposes; (2) the term 'satellite terminal station' refers to a complex of communication equipment located on the earth's surface, operationally connected with one or more terrestrial communication systems, and capable of transmitting telecommunications to or receiving telecommunications from a communications satellite system. (3) the term 'communications satellite' means an earth satellite which is intentionally used to relay telecommunication information; (4) the term 'associated equipment and facilities' refers to facilities other than satellite terminal stations and communications satellites, to be constructed and operated for the primary purpose of a communications satellite system, whether for administration and management, for research and development, or for direct support of space operations; (5) the term 'research and development' refers to the conception, design, and first creation of experimental or prototype operational devices for the operation of a communications satellite system, including the assembly of separate components into a working whole, as distinguished from the term 'production,' which relates to the construction of such devices to fixed specifications compatible with repetitive duplication for operational applications; and (6) the term 'telecommunication' means any transmission, emission or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical, or other electromagnetic systems. (7) the term 'communications common carrier' has the same meaning as the term 'common carrier' has when used in the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.), and in addition includes, but only for purposes of sections 733 and 734 of this title, any individual, partnership, association, joint-stock company, trust, corporation, or other entity which owns or controls, directly or indirectly, or is under direct or indirect common control with, any such carrier; and the term 'authorized carrier', except as otherwise provided for purposes of section 734 of this title by section 734(b)(1) of this title, means a communications common carrier which has been authorized by the Federal Communications Commission under the Communications Act of 1934, as amended, to provide services by means of communications satellites; (8) the term 'corporation' means the corporation authorized by subchapter III of this chapter. (9) the term 'Administration' means the National Aeronautics and Space Administration; and (10) the term 'Commission' means the Federal Communications Commission. -SOURCE- (Pub. L. 87-624, title I, Sec. 103, Aug. 31, 1962, 76 Stat. 419.) -REFTEXT- REFERENCES IN TEXT The Communications Act of 1934, as amended, referred to in par. (7), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 168. ------DocID 54293 Document 280 of 303------ -CITE- 47 USC SUBCHAPTER II -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER II -HEAD- SUBCHAPTER II - FEDERAL COORDINA- -MISC1- TION, PLANNING, AND REGULATION ------DocID 54294 Document 281 of 303------ -CITE- 47 USC Sec. 721 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 721. Implementation of policy -STATUTE- In order to achieve the objectives and to carry out the purposes of this chapter - (a) Executive functions; execution of national program; review; agency coordination; supervision of foreign relationships; foreign participation; use for general governmental purposes; separate systems; compatibility with domestic and foreign facilities the President shall - (1) aid in the planning and development and foster the execution of a national program for the establishment and operation, as expeditiously as possible, of a commercial communications satellite system; (2) provide for continuous review of all phases of the development and operation of such a system, including the activities of a communications satellite corporation authorized under subchapter III of this chapter; (3) coordinate the activities of governmental agencies with responsibilities in the field of telecommunication, so as to insure that there is full and effective compliance at all times with the policies set forth in this chapter; (4) exercise such supervision over relationships of the corporation with foreign governments or entities or with international bodies as may be appropriate to assure that such relationships shall be consistent with the national interest and foreign policy of the United States; (5) insure that timely arrangements are made under which there can be foreign participation in the establishment and use of a communications satellite system; (6) take all necessary steps to insure the availability and appropriate utilization of the communications satellite system for general governmental purposes except where a separate communications satellite system is required to meet unique governmental needs, or is otherwise required in the national interest; and (7) so exercise his authority as to help attain coordinated and efficient use of the electromagnetic spectrum and the technical compatibility of the system with existing communications facilities both in the United States and abroad. (b) Administration functions; technical advice to Commission; cooperation in research and development and technical consultation with corporation; assistance and launching, associated services and other services to corporation on reimbursable basis the National Aeronautics and Space Administration shall - (1) advise the Commission on technical characteristics of the communications satellite system; (2) cooperate with the corporation in research and development to the extent deemed appropriate by the Administration in the public interest; (3) assist the corporation in the conduct of its research and development program by furnishing to the corporation, when requested, on a reimbursable basis, such satellite launching and associated services as the Administration deems necessary for the most expeditious and economical development of the communications satellite system; (4) consult with the corporation with respect to the technical characteristics of the communications satellite system; (5) furnish to the corporation, on request and on a reimbursable basis, satellite launching and associated services required for the establishment, operation, and maintenance of the communications satellite system approved by the Commission; and (6) to the extent feasible, furnish other services, on a reimbursable basis, to the corporation in connection with the establishment and operation of the system. (c) Commission functions; competitive bidding; consultation with Small Business Administration; discrimination; just and reasonable charges, classifications, practices, regulations and other terms and conditions; allocation of facilities; establishment of communication to particular foreign point; technical compatibility of system and stations; accounting; rates; technical approval; construction and operation authorizations; financing of corporation; additions; rules and regulations the Federal Communications Commission, in its administration of the provisions of the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.), and as supplemented by this chapter, shall - (1) insure effective competition, including the use of competitive bidding where appropriate, in the procurement by the corporation and communications common carriers of apparatus, equipment, and services required for the establishment and operation of the communications satellite system and satellite terminal stations; and the Commission shall consult with the Small Business Administration and solicit its recommendations on measures and procedures which will insure that small business concerns are given an equitable opportunity to share in the procurement program of the corporation for property and services, including but not limited to research, development, construction, maintenance, and repair. (2) insure that all present and future authorized carriers shall have nondiscriminatory use of, and equitable access to, the communications satellite system and satellite terminal stations under just and reasonable charges, classifications, practices, regulations, and other terms and conditions and regulate the manner in which available facilities of the system and stations are allocated among such users thereof; (3) in any case where the Secretary of State, after obtaining the advice of the Administration as to technical feasibility, has advised that commercial communication to a particular foreign point by means of the communications satellite system and satellite terminal stations should be established in the national interest, institute forthwith appropriate proceedings under section 214(d) of the Communications Act of 1934, as amended (47 U.S.C. 214(d)), to require the establishment of such communication by the corporation and the appropriate common carrier or carriers; (4) insure that facilities of the communications satellite system and satellite terminal stations are technically compatible and interconnected operationally with each other and with existing communications facilities; (5) prescribe such accounting regulations and systems and engage in such ratemaking procedures as will insure that any economies made possible by a communications satellite system are appropriately reflected in rates for public communication services; (6) approve technical characteristics of the operational communications satellite system to be employed by the corporation and of the satellite terminal stations; and (7) grant appropriate authorizations for the construction and operation of each satellite terminal station, either to the corporation or to one or more authorized carriers or to the corporation and one or more such carriers jointly, as will best serve the public interest, convenience, and necessity. In determining the public interest, convenience, and necessity the Commission shall authorize the construction and operation of such stations by communications common carriers or the corporation, without preference to either; (8) authorize the corporation to issue any shares of capital stock, except the initial issue of capital stock referred to in section 734(a) of this title, or to borrow any moneys, or to assume any obligation in respect of the securities of any other person, upon a finding that such issuance, borrowing, or assumption is compatible with the public interest, convenience, and necessity and is necessary or appropriate for or consistent with carrying out the purposes and objectives of this chapter by the corporation; (9) insure that no substantial additions are made by the corporation or carriers with respect to facilities of the system or satellite terminal stations unless such additions are required by the public interest, convenience, and necessity; (10) require, in accordance with the procedural requirements of section 214 of the Communications Act of 1934, as amended (47 U.S.C. 214), that additions be made by the corporation or carriers with respect to facilities of the system or satellite terminal stations where such additions would serve the public interest, convenience, and necessity; and (11) make rules and regulations to carry out the provisions of this chapter. -SOURCE- (Pub. L. 87-624, title II, Sec. 201, Aug. 31, 1962, 76 Stat. 421.) -REFTEXT- REFERENCES IN TEXT The Communications Act of 1934, as amended, referred to in subsec. (c), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. -EXEC- EXECUTIVE ORDER NO. 11191 Ex. Ord. No. 11191, Jan. 4, 1965, 30 F.R. 29, as amended by Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, which related to the administration of the Communications Satellite Act of 1962 (this chapter), was revoked by Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out as a note under section 305 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 735, 744 of this title. ------DocID 54295 Document 282 of 303------ -CITE- 47 USC SUBCHAPTER III -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER III -HEAD- SUBCHAPTER III - COMMUNICATIONS SATELLITE CORPORATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 702, 721 of this title. ------DocID 54296 Document 283 of 303------ -CITE- 47 USC Sec. 731 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 731. Creation of corporation; non-Government agency; laws applicable to corporation; reservation of right to amend or repeal chapter -STATUTE- There is authorized to be created a communications satellite corporation for profit which will not be an agency or establishment of the United States Government. The corporation shall be subject to the provisions of this chapter and, to the extent consistent with this chapter, to the District of Columbia Business Corporation Act (D.C. Code, Sec. 29-301 et seq.). The right to repeal, alter, or amend this chapter at any time is expressly reserved. -SOURCE- (Pub. L. 87-624, title III, Sec. 301, Aug. 31, 1962, 76 Stat. 423.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Business Corporation Act, referred to in text, is act June 8, 1954, ch. 269, 68 Stat. 179, as amended, which appears in chapter 3 (Sec. 29-301 et seq.) of Title 29, Corporations, of the District of Columbia Code. ------DocID 54297 Document 284 of 303------ -CITE- 47 USC Sec. 732 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 732. Process of organization -STATUTE- The President of the United States shall appoint incorporators, by and with the advice and consent of the Senate, who shall serve as the initial board of directors until the first annual meeting of stockholders or until their successors are elected and qualified. Such incorporators shall arrange for an initial stock offering and take whatever other actions are necessary to establish the corporation, including the filing of articles of incorporation, as approved by the President. -SOURCE- (Pub. L. 87-624, title III, Sec. 302, Aug. 31, 1962, 76 Stat. 423.) ------DocID 54298 Document 285 of 303------ -CITE- 47 USC Sec. 733 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 733. Directors and officers -STATUTE- (a) Board of directors; qualifications; chairman; appointment by President; term; election by stockholders; percentage of stock ownership determining right to elect; cumulative voting; amendment of articles of incorporation; bylaws for national emergencies The corporation shall have a board of directors consisting of fifteen individuals who are citizens of the United States, of whom one shall be elected annually by the board to serve as chairman. Three members of the board shall be appointed by the President of the United States, by and with the advice and consent of the Senate, effective the date on which the other members are elected, and for terms of three years or until their successors have been appointed and qualified, and any member so appointed to fill a vacancy shall be appointed only for the unexpired term of the director whom he succeeds. The remaining twelve members of the board shall be elected annually by the stockholders. Six of such members shall be elected by those stockholders who are not communications common carriers, and the remaining six such members shall be elected by the stockholders who are communications common carriers, except that if the number of shares of the voting capital stock of the corporation issued and outstanding and owned either directly or indirectly by communications common carriers as of the record date for the annual meeting of stockholders is less than 45 per centum of the total number of shares of the voting capital stock of the corporation issued and outstanding, the number of members to be elected at such meeting by each group of stockholders shall be determined in accordance with the following table: --------------------------------------------------------------------- When the number:But not less :The number of :And the number of shares of : than - : members which : of members the voting : : stockholders : which other capital stock : : who are : stockholders of the : : communications: are entitled corporation : : common : to elect shall issued and : : carriers are : be - outstanding : : entitled to : and owned : : elect shall be: either : : - : directly or : : : indirectly by : : : communications: : : common : : : carriers is : : : less than - : : : --------------------------------------------------------------------- 45 per centum :40 per centum :5 :7 40 per centum :35 per centum :4 :8 35 per centum :25 per centum :3 :9 25 per centum :15 per centum :2 :10 15 per centum :8 per centum :1 :11 8 per centum : :0 :12 ------------------------------- No stockholder who is a communications common carrier and no trustee for such a stockholder shall vote, either directly or indirectly, through the votes of subsidiaries or affiliated companies, nominees, or any persons subject to his direction or control, for more than three candidates for membership on the board, except that in the event the number of shares of the voting capital stock of the corporation issued and outstanding and owned either directly or indirectly by communications common carriers as of the record date for the annual meeting is less than 8 per centum of the total number of shares of the voting capital stock of the corporation issued and outstanding, any stockholder who is a communications common carrier shall be entitled to vote at such meeting for candidates for membership on the board in the same manner as all other stockholders. Subject to the foregoing limitations, the articles of incorporation of the corporation shall provide for cumulative voting under section 27(d) of the District of Columbia Business Corporation Act (D.C. Code, Sec. 29-327(d)). The articles of incorporation of the corporation may be amended, altered, changed, or repealed by a vote of not less than 66 2/3 per centum of the outstanding shares of the voting capital stock of the corporation owned by stockholders who are communications common carriers and by stockholders who are not communications common carriers, voting together, if such vote complies with all other requirements of this chapter and of the articles of incorporation of the corporation with respect to the amendment, alteration, change, or repeal of such articles. The corporation may adopt such bylaws as shall, notwithstanding the provisions of section 36 of the District of Columbia Business Corporation Act (D.C. Code, Sec. 29-336), provide for the continued ability of the board to transact business under such circumstances of national emergency as the President of the United States, or the officer designated by him, may determine, after February 18, 1969, would not permit a prompt meeting of a majority of the board to transact business. (b) President of corporation; designation and appointment of other officers; compensation; United States citizenship of officers; dual salary prohibition The corporation shall have a president, and such other officers as may be named and appointed by the board, at rates of compensation fixed by the board, and serving at the pleasure of the board. No individual other than a citizen of the United States may be an officer of the corporation. No officer of the corporation shall receive any salary from any source other than the corporation during the period of his employment by the corporation. -SOURCE- (Pub. L. 87-624, title III, Sec. 303, Aug. 31, 1962, 76 Stat. 423; Pub. L. 91-3, Sec. 1, Mar. 12, 1969, 83 Stat. 4.) -MISC1- AMENDMENTS 1969 - Subsec. (a). Pub. L. 91-3 specified number of directors on the board at fifteen, substituted provisions that three members appointed by the President serve for a term of three years each for provisions that such appointees serve terms of one, two, and three years, respectively, set forth formula authorizing election of directors by carriers and noncarriers to be based upon their respective percentage of ownership of the outstanding capital stock, provided a method for amending, altering, changing, or repealing the articles of incorporation, and authorized board to adopt bylaws permitting the corporation to transact business in future national emergencies. MEETING OF BOARD SUBSEQUENT TO MARCH 12, 1969, FOR ELECTION OF DIRECTORS; TERM OF OFFICE Section 2 of Pub. L. 91-3 authorized a meeting of the corporation's stockholders as soon as practicable after Mar. 12, 1969, to elect 12 members of the board of directors, pursuant to subsec. (a) of this section, to serve until the next annual meeting of stockholders or until their successors have been elected and qualified. STATUS AND AUTHORITY OF BOARD MEMBERS ELECTED PRIOR TO MARCH 12, 1969 Section 3 of Pub. L. 91-3 provided that: 'The status and authority of the members of the board of directors of the Communications Satellite Corporation who were elected to the board before the date of the enactment of this Act (March 12, 1969) and who are serving as members of the board on such date shall not be in any way impaired or affected until their successors have been elected and qualified in accordance with section 2 of this Act (set out as a note above).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 702 of this title. ------DocID 54299 Document 286 of 303------ -CITE- 47 USC Sec. 734 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 734. Financing of corporation -STATUTE- (a) Capital stock; amount of issue; no par value shares; voting rights; dividends; price and public distribution of initial offering; shareholder eligibility The corporation is authorized to issue and have outstanding, in such amounts as it shall determine, shares of capital stock, without par value, which shall carry voting rights and be eligible for dividends. The shares of such stock initially offered shall be sold at a price not in excess of $100 for each share and in a manner to encourage the widest distribution to the American public. Subject to the provisions of subsections (b) and (d) of this section, shares of stock offered under this subsection may be issued to and held by any person. (b) 'Authorized carrier' defined; shareholder eligibility; voting rights limitation of authorized carriers and other stockholders (1) For the purposes of this section the term 'authorized carrier' shall mean a communications common carrier which is specifically authorized or which is a member of a class of carriers authorized by the Commission to own shares of stock in the corporation upon a finding that such ownership will be consistent with the public interest, convenience, and necessity. (2) Only those communications common carriers which are authorized carriers shall own shares of stock in the corporation at any time, and no other communications common carrier shall own shares either directly or indirectly through subsidiaries or affiliated companies, nominees, or any persons subject to its direction or control. At no time after the initial issue is completed shall the aggregate of the shares of voting stock of the corporation owned by authorized carriers directly or indirectly through subsidiaries or affiliated companies, nominees, or any persons subject to their direction or control exceed 50 per centum of such shares issued and outstanding. (3) At no time shall any stockholder who is not an authorized carrier, or any syndicate or affiliated group of such stockholders, own more than 10 per centum of the shares of voting stock of the corporation issued and outstanding. (c) Nonvoting security issues and certificates of indebtedness; rate base The corporation is authorized to issue, in addition to the stock authorized by subsection (a) of this section, nonvoting securities, bonds, debentures, and other certificates of indebtedness as it may determine. Such nonvoting securities, bonds, debentures, or other certificates of indebtedness of the corporation as a communications common carrier may own shall be eligible for inclusion in the rate base of the carrier to the extent allowed by the Commission. The voting stock of the corporation shall not be eligible for inclusion in the rate base of the carrier. (d) Alien share ownership limitation Not more than an aggregate of 20 per centum of the shares of stock of the corporation authorized by subsection (a) of this section which are held by holders other than authorized carriers may be held by persons of the classes described in paragraphs (1), (2), (3), (4), and (5) of section 310(a) of this title. (e) Inspection and copying rights The requirement of section 45(b) of the District of Columbia Business Corporation Act (D.C. Code, Sec. 29-345(b)) as to the percentage of stock which a stockholder must hold in order to have the rights of inspection and copying set forth in that subsection shall not be applicable in the case of holders of the stock of the corporation, and they may exercise such rights without regard to the percentage of stock they hold. (f) Transfer and distribution of shares among authorized carriers Upon application to the Commission by any authorized carrier and after notice and hearing, the Commission may compel any other authorized carrier which owns shares of stock in the corporation to transfer to the applicant, for a fair and reasonable consideration, a number of such shares as the Commission determines will advance the public interest and the purposes of this chapter. In its determination with respect to ownership of shares of stock in the corporation, the Commission, whenever consistent with the public interest, shall promote the widest possible distribution of stock among the authorized carriers. -SOURCE- (Pub. L. 87-624, title III, Sec. 304, Aug. 31, 1962, 76 Stat. 424; Pub. L. 97-410, Sec. 5, Jan. 3, 1983, 96 Stat. 2045.) -MISC1- AMENDMENTS 1983 - Subsec. (b)(2). Pub. L. 97-410 struck out provision which related to purchases of reserved shares of stock by authorized carriers. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 702, 721 of this title. ------DocID 54300 Document 287 of 303------ -CITE- 47 USC Sec. 735 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER III -HEAD- Sec. 735. Powers of corporation -STATUTE- (a) Authorized powers In order to achieve the objectives and to carry out the purposes of this chapter, the corporation is authorized to - (1) plan, initiate, construct, own, manage, and operate itself or in conjunction with foreign governments or business entities a commercial communications satellite system; (2) furnish, for hire, channels of communication to United States communications common carriers and to other authorized entities, foreign and domestic; and (3) own and operate satellite terminal stations when licensed by the Commission under section 721(c)(7) of this title. (b) Specific corporate activities Included in the activities authorized to the corporation for accomplishment of the purposes indicated in subsection (a) of this section, are, among others not specifically named - (1) to conduct or contract for research and development related to its mission; (2) to acquire the physical facilities, equipment and devices necessary to its operations, including communications satellites and associated equipment and facilities, whether by construction, purchase, or gift; (3) to purchase satellite launching and related services from the United States Government; (4) to contract with authorized users, including the United States Government, for the services of the communications satellite system; and (5) to develop plans for the technical specifications of all elements of the communications satellite system. (c) Usual powers of stock corporation To carry out the foregoing purposes, the corporation shall have the usual powers conferred upon a stock corporation by the District of Columbia Business Corporation Act (D.C. Code, Sec. 29-301 et seq.). -SOURCE- (Pub. L. 87-624, title III, Sec. 305, Aug. 31, 1962, 76 Stat. 425.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Business Corporation Act, referred to in subsec. (c), is act June 8, 1954, ch. 269, 68 Stat. 179, as amended, which appears in chapter 3 (Sec. 29-301 et seq.) of Title 29, Corporations, of the District of Columbia Code. ------DocID 54301 Document 288 of 303------ -CITE- 47 USC SUBCHAPTER IV -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - MISCELLANEOUS PROVISIONS ------DocID 54302 Document 289 of 303------ -CITE- 47 USC Sec. 741 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER IV -HEAD- Sec. 741. Common carrier status of corporation; laws applicable to corporation; common carrier activity; conflict of laws -STATUTE- The corporation shall be deemed to be a common carrier within the meaning of section 3(h) of the Communications Act of 1934, as amended (47 U.S.C. 153(h)), and as such shall be fully subject to the provisions of title II (47 U.S.C. 201 et seq.) and title III (47 U.S.C. 301 et seq.) of that Act. The provision of satellite terminal station facilities by one communication common carrier to one or more other communications common carriers shall be deemed to be a common carrier activity fully subject to the Communications Act (47 U.S.C. 151 et seq.). Whenever the application of the provisions of this chapter shall be inconsistent with the application of the provisions of the Communications Act, the provisions of this chapter shall govern. -SOURCE- (Pub. L. 87-624, title IV, Sec. 401, Aug. 31, 1962, 76 Stat. 426.) -REFTEXT- REFERENCES IN TEXT The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1964, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of this title. Titles II and III of the Communications Act of 1934 are classified generally to subchapters II (Sec. 201 et seq.) and III (Sec. 301 et seq.), respectively, of chapter 5 of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. ------DocID 54303 Document 290 of 303------ -CITE- 47 USC Sec. 742 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER IV -HEAD- Sec. 742. Foreign business negotiations of corporation; notice to Department of State; advice and assistance from Department of State -STATUTE- Whenever the corporation shall enter into business negotiations with respect to facilities, operations, or services authorized by this chapter with any international or foreign entity, it shall notify the Department of State of the negotiations, and the Department of State shall advise the corporation of relevant foreign policy considerations. Throughout such negotiations the corporation shall keep the Department of State informed with respect to such considerations. The corporation may request the Department of State to assist in the negotiations, and that Department shall render such assistance as may be appropriate. -SOURCE- (Pub. L. 87-624, title IV, Sec. 402, Aug. 31, 1962, 76 Stat. 426.) ------DocID 54304 Document 291 of 303------ -CITE- 47 USC Sec. 743 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER IV -HEAD- Sec. 743. Sanctions -STATUTE- (a) Petition of Attorney General for equitable relief; venue If the corporation created pursuant to this chapter shall engage in or adhere to any action, practices, or policies inconsistent with the policy and purposes declared in section 701 of this title, or if the corporation or any other person shall violate any provision of this chapter, or shall obstruct or interfere with any activities authorized by this chapter, or shall refuse, fail, or neglect to discharge his duties and responsibilities under this chapter, or shall threaten any such violation, obstruction, interference, refusal, failure, or neglect, the district court of the United States for any district in which such corporation or other person resides or may be found shall have jurisdiction, except as otherwise prohibited by law, upon petition of the Attorney General of the United States, to grant such equitable relief as may be necessary or appropriate to prevent or terminate such conduct or threat. (b) Punishment, liability or sanction under other provisions Nothing contained in this section shall be construed as relieving any person of any punishment, liability, or sanction which may be imposed otherwise than under this chapter. (c) Duty of compliance with provisions of chapter and rules and regulations It shall be the duty of the corporation and all communications common carriers to comply, insofar as applicable, with all provisions of this chapter and all rules and regulations promulgated thereunder. -SOURCE- (Pub. L. 87-624, title IV, Sec. 403, Aug. 31, 1962, 76 Stat. 426.) ------DocID 54305 Document 292 of 303------ -CITE- 47 USC Sec. 744 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER IV -HEAD- Sec. 744. Reports to the Congress -STATUTE- (a) President The President shall transmit to the Congress in January of each year a report which shall include a comprehensive description of the activities and accomplishments during the preceding calendar year under the national program referred to in section 721(a)(1) of this title, together with an evaluation of such activities and accomplishments in terms of the attainment of the objectives of this chapter and any recommendations for additional legislative or other action which the President may consider necessary or desirable for the attainment of such objectives. (b) Corporation The corporation shall transmit to the President and the Congress, annually and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this chapter. (c) Commission The Commission shall transmit to the Congress, annually and at such other times as it deems desirable, (i) a report of its activities and actions on anticompetitive practices as they apply to the communications satellite programs; (ii) an evaluation of such activities and actions taken by it within the scope of its authority with a view to recommending such additional legislation which the Commission may consider necessary in the public interest; and (iii) an evaluation of the capital structure of the corporation so as to assure the Congress that such structure is consistent with the most efficient and economical operation of the corporation. -SOURCE- (Pub. L. 87-624, title IV, Sec. 404, Aug. 31, 1962, 76 Stat. 426.) ------DocID 54306 Document 293 of 303------ -CITE- 47 USC SUBCHAPTER V -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER V -HEAD- SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS ------DocID 54307 Document 294 of 303------ -CITE- 47 USC Sec. 751 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER V -HEAD- Sec. 751. Congressional declaration of policy and purpose -STATUTE- (a) Development and operation of global system to serve needs of United States and foreign countries The Congress hereby declares that it is the policy of the United States to provide for the participation of the United States in the International Maritime Satellite Organization (hereinafter in this subchapter referred to as 'INMARSAT') in order to develop and operate a global maritime satellite telecommunications system. Such system shall have facilities and services which will serve maritime commercial and safety needs of the United States and foreign countries. (b) Corporate participation; private entity status; non-Government agency It is the purpose of this subchapter to provide that the participation of the United States in INMARSAT shall be through the Communications Satellite Corporation, which constitutes a private entity operating for profit, and which is not an agency or establishment of the Federal Government. -SOURCE- (Pub. L. 87-624, title V, Sec. 502, as added Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2392.) -MISC1- SHORT TITLE Pub. L. 87-624, title V, Sec. 501, as added by Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2392, provided that: 'This title (enacting this subchapter) may be cited as the 'International Maritime Satellite Telecommunications Act'.' ------DocID 54308 Document 295 of 303------ -CITE- 47 USC Sec. 752 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER V -HEAD- Sec. 752. Corporation's status as designated operating entity -STATUTE- (a) Statement of purpose; interim operating arrangement authorization for participation in other systems; signature authorization (1) The Communications Satellite Corporation is hereby designated as the sole operating entity of the United States for participation in INMARSAT, for the purpose of providing international maritime satellite telecommunications services. (2) The corporation also shall have authority to participate in any other maritime satellite telecommunications system on an interim basis to serve the maritime commercial and safety needs of the United States through an interim operating arrangement in accordance with subsection (b) of this section. (3) The corporation may participate in and is hereby authorized to sign the operating agreement or other pertinent instruments of INMARSAT as the sole designated operating entity of the United States. (b) Interim operating arrangements for participation in other systems; terms and conditions; participation provisions also applicable to interim arrangements (1) The corporation may participate in any maritime satellite telecommunications system under subsection (a)(2) of this section only if - (A) the corporation signs the operating agreement of INMARSAT before beginning such participation; (B) such participation is in the nature of an interim operating arrangement remaining in effect only until INMARSAT begins its operations; and (C)(i) in the case of participation which may be undertaken only pursuant to a treaty or executive agreement, such treaty or executive agreement is in effect; or (ii) in any case in which participation does not require any treaty or executive agreement, the President does not disapprove such participation during the period of 60 calendar days after the corporation notifies the President of such proposed participation. (2) If the corporation participates in an interim operating arrangement with a maritime satellite telecommunications system under this subsection, the provisions of this subchapter relating to participation of the corporation in INMARSAT also shall apply to such interim participation. (3) Any disapproval by the President under paragraph (1)(C)(ii) shall be published in the Federal Register as soon as practicable after the date of such disapproval. (c) Powers of corporation The corporation - (1) may own and operate satellite earth terminal stations in the United States; (2) shall interconnect such stations, and the maritime satellite telecommunications provided by such stations, with the facilities and services of United States domestic common carriers and international common carriers, other than any common carrier or other entity in which the corporation has any ownership interest, as authorized by the Commission; (3) shall interconnect such stations and the maritime satellite telecommunications provided by such stations, with the facilities and services of private communications systems, unless the Commission finds that such interconnection will not serve the public interest; and (4) may establish, own, and operate the United States share of the jointly owned international space segment and associated ancillary facilities. (d) Financial obligation The corporation shall be responsible for fulfilling any financial obligation placed upon the corporation as a signatory to the operating agreement or other pertinent instruments, and any other financial obligation which may be placed upon the corporation as the result of a convention or other instrument establishing INMARSAT. The corporation shall be the sole United States representative in the managing body of INMARSAT. (e) Sole ownership or/and operation of satellite earth terminal station for training of personnel pursuant to authorization of responsible executive department or Commission (1) Any person, including the Federal Government or any agency thereof, may be authorized, in accordance with paragraph (2) or paragraph (3), to be the sole owner or operator, or both, of any satellite earth terminal station if such station is used for the exclusive purposes of training personnel in the use of equipment associated with the operation and maintenance of such station, or in carrying out experimentation relating to maritime satellite telecommunications services. (2) If the person referred to in paragraph (1) is the Federal Government or any agency thereof, such satellite earth terminal station shall have been authorized to operate by the executive department charged with such responsibility. (3) In any other case, such satellite earth terminal station shall have been authorized by the Commission. (f) Additional noncorporation ownership of satellite earth terminal stations for enhancement of maritime satellite services in the public interest The Commission may authorize ownership of satellite earth terminal stations by persons other than the corporation at any time the Commission determines that such additional ownership will enhance the provision of maritime satellite services in the public interest. (g) Operational arrangements for interconnection of satellite earth terminal stations and facilities with common carriers and private communications systems for extension of services; determinations by Commission; report to Congress The Commission shall determine the operational arrangements under which the corporation shall interconnect its satellite earth terminal station facilities and services with United States domestic common carriers and international common carriers, other than any common carrier, system, or other entity in which the corporation has any ownership interest, and private communications systems when authorized pursuant to subsection (c)(3) of this section for the purpose of extending maritime satellite telecommunications services within the United States and in other areas. The initial determination of operational arrangements shall be made by the Commission no later than 6 months after November 1, 1978, and the Commission shall thereupon transmit to the Congress a report relating to such determination. (h) Articles of incorporation provision for business transactions during national emergency with less than requisite number of directors Notwithstanding any provision of State law, the articles of incorporation of the corporation shall provide for the continued ability of the board of directors of the corporation to transact business under such circumstances of national emergency as the President or his delegate may determine would not permit a prompt meeting of the number of directors otherwise required to transact business. -SOURCE- (Pub. L. 87-624, title V, Sec. 503, as added Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2392.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 753 of this title. ------DocID 54309 Document 296 of 303------ -CITE- 47 USC Sec. 753 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER V -HEAD- Sec. 753. Implementation of policy -STATUTE- (a) Administrative functions; agency coordination; use for general governmental purposes; separate systems; spectrum and orbital space use; compatibility with domestic and foreign facilities; interests and needs of ultimate users; Federal views on utilization and user needs The Secretary of Commerce shall - (1) coordinate the activities of Federal agencies with responsibilities in the field of telecommunications (other than the Commission), so as to ensure that there is full and effective compliance with the provisions of this subchapter; (2) take all necessary steps to ensure the availability and appropriate utilization of the maritime satellite telecommunications services provided by INMARSAT for general governmental purposes, except in any case in which a separate telecommunications system is required to meet unique governmental needs or is otherwise required in the national interest; (3) exercise his authority in a manner which seeks to obtain coordinated and efficient use of the electromagnetic spectrum and orbital space, and to ensure the technical compatibility of the space segment with existing communications facilites in the United States and in foreign countries; and (4) take all necessary steps to determine the interests and needs of the ultimate users of the maritime satellite telecommunications system and to communicate the views of the Federal Government on utilization and user needs to INMARSAT. (b) Executive functions; supervision and instructions for foreign relationships and activities The President shall exercise such supervision over, and issue such instructions to, the corporation in connection with its relationships and activities with foreign governments, international entities, and INMARSAT as may be necessary to ensure that such relationships and activities are consistent with the national interest and foreign policy of the United States. (c) Commission functions; institution of proceedings; recommendations for issuance of executive instructions; public space segment channel, construction, operation and other authorizations; review; rules The Commission shall - (1) institute such proceedings as may be necessary to carry out the provisions of section 752 of this title; (2) make recommendations to the President for the purpose of assisting him in his issuance of instructions to the corporation; (3) grant such authorizations as may be necessary under title II and title III of the Communications Act of 1934 (47 U.S.C. 201 et seq., 301 et seq.) to enable the corporation - (A) to provide to the public, in accordance with section 752(c)(2) of this title, space segment channels of communication obtained from INMARSAT; and (B) to construct and operate such satellite earth terminal stations in the United States as may be necessary to provide sufficient access to the space segment; (4) grant such other authorizations as may be necessary under title II and title III of the Communications Act of 1934 to carry out to the provisions of this subchapter; (5) establish procedures to provide for the continuing review of the telecommunications activities of the corporation as the United States signatory to the operating agreement or other pertinent instruments; and (6) prescribe such rules as may be necessary to carry out the provisions of this subchapter. (d) Commission regulatory instructions; conflicting and prevailing instructions of President The Commission is authorized to issue instructions to the corporation with respect to regulatory matters within the jurisdiction of the Commission. In the event an instruction of the Commission conflicts with an instruction of the President pursuant to subsection (b) of this section, the instructions issued by the President shall prevail. -SOURCE- (Pub. L. 87-624, title V, Sec. 504, as added Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2394.) -REFTEXT- REFERENCES IN TEXT The Communications Act of 1934, referred to in subsec. (c)(3), (4), is act June 19, 1934, ch. 652, 48 Stat. 1964, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of this title. Titles II and III of the Communications Act of 1934 are classified generally to subchapters II (Sec. 201 et seq.) and III (Sec. 301 et seq.), respectively, of chapter 5 of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. ------DocID 54310 Document 297 of 303------ -CITE- 47 USC Sec. 754 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER V -HEAD- Sec. 754. Study of structure and activities of corporation -STATUTE- (a) Statement of objectives The Commission shall conduct a study of the corporate structure and operating activities of the corporation, with a view toward determining whether any changes are required to ensure that the corporation is able to effectively fulfill its obligations and carry out its functions under this chapter and the Communications Act of 1934 (47 U.S.C. 151 et seq.). (b) Report to Congress; findings, conclusions and recommendations The Commission shall transmit a report to the Congress not later than 18 months after November 1, 1978, relating to the study of the corporation conducted under subsection (a) of this section. Such report shall contain a detailed statement of the findings and conclusions of such study, any action taken by the Commission related to such findings and conclusions, and any recommendations of the Commission for such legislative or other action as the Commission considers necessary or appropriate. -SOURCE- (Pub. L. 87-624, title V, Sec. 505, as added Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2395.) -REFTEXT- REFERENCES IN TEXT The Communications Act of 1934, referred to in subsec. (a), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. ------DocID 54311 Document 298 of 303------ -CITE- 47 USC Sec. 755 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER V -HEAD- Sec. 755. Study of public maritime coast station services -STATUTE- (a) Statement of objectives The Commission shall conduct a study of public maritime coast station services, with particular emphasis on high seas services, with a view toward determining whether the rules and regulations of the Commission and the assignment of licenses and radio frequencies in effect on November 1, 1978, should be subject to any alteration in order to establish a systematic approach for the provision of modern and effective maritime telecommunications systems. (b) Report to Congress; findings, conclusions and recommendations The Commission shall transmit a report to the Congress not later than 12 months after November 1, 1978, relating to the study of public maritime coast station services conducted under subsection (a) of this section. Such report shall contain a detailed statement of the findings and conclusions of such study, any action taken by the Commission related to such findings and conclusions, and any recommendations of the Commission for such legislative or other action as the Commission considers necessary or appropriate. -SOURCE- (Pub. L. 87-624, title V, Sec. 506, as added Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2395.) ------DocID 54312 Document 299 of 303------ -CITE- 47 USC Sec. 756 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER V -HEAD- Sec. 756. Study of radio navigation systems -STATUTE- (a) Statement of objectives The President, in conjunction with Government agencies which will or may be affected by the development of a Government-wide radio navigation plan, shall conduct a study of all Government radio navigation systems to determine the most effective manner of reducing the proliferation and overlap of such systems. The objective of such study shall be the development of such a plan. (b) Report to Congress; findings, conclusions and recommendations The President shall transmit a report to the Congress no later than 12 months after November 1, 1978, relating to the study conducted under subsection (a) of this section. Such report shall contain a detailed statement of the findings and conclusions of such study, any action taken by the President related to such findings and conclusions, and any recommendations of the President for such legislation or other action as the President considers necessary or appropriate for implementation of a Government-wide radio navigation plan. -SOURCE- (Pub. L. 87-624, title V, Sec. 507, as added Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2396.) ------DocID 54313 Document 300 of 303------ -CITE- 47 USC Sec. 757 -EXPCITE- TITLE 47 CHAPTER 6 SUBCHAPTER V -HEAD- Sec. 757. Definitions -STATUTE- For purposes of this subchapter - (1) the term 'person' includes an individual, partnership, association, joint stock company, trust, or corporation; (2) the term 'satellite earth terminal station' means a complex of communications equipment located on land, operationally interconnected with one or more terrestrial communications systems, and capable of transmitting telecommunications to, or receiving telecommunications from, the space segment; (3) the term 'space segment' means any satellite (or capacity on a satellite) maintained under the authority of INMARSAT, for the purpose of providing international maritime telecommunications services, and the tracking, telemetry, command, control, monitoring, and related facilities and equipment required to support the operation of such satellite; and (4) the term 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. -SOURCE- (Pub. L. 87-624, title V, Sec. 508, as added Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2396.) ------DocID 54314 Document 301 of 303------ -CITE- 47 USC CHAPTER 7 -EXPCITE- TITLE 47 CHAPTER 7 -HEAD- CHAPTER 7 - CAMPAIGN COMMUNICATIONS ------DocID 54315 Document 302 of 303------ -CITE- 47 USC Sec. 801 to 805 -EXPCITE- TITLE 47 CHAPTER 7 -HEAD- Sec. 801 to 805. Repealed. Pub. L. 93-443, title II, Sec. 205(b), Oct. 15, 1974, 88 Stat. 1278 -MISC1- Section 801, Pub. L. 92-225, title I, Sec. 102, Feb. 7, 1972, 86 Stat. 3, related to definitions for purposes of this chapter. Section 802, Pub. L. 92-225, title I, Sec. 103(b), Feb. 7, 1972, 86 Stat. 4, related to nonbroadcast media rates. Section 803, Pub. L. 92-225, title I, Sec. 104(a), (b), Feb. 7, 1972, 86 Stat. 5, related to limitations of expenditures for use of communications media. Section 804, Pub. L. 92-225, title I, Sec. 105, Feb. 7, 1972, 86 Stat. 7, related to regulations prescribed under this chapter. Section 805, Pub. L. 92-225, title I, Sec. 106, Feb. 7, 1972, 86 Stat. 8, related to penalties imposed under this chapter. EFFECTIVE DATE OF REPEAL Sections 801 to 805 repealed effective Jan. 1, 1975, see section 410(a) of Pub. L. 93-443, set out as an Effective Date of 1974 Amendment note under section 431 of Title 2, The Congress. ------DocID 8215 Document 303 of 303------ -CITE- 5 USC CHAPTER 47 -EXPCITE- TITLE 5 PART III Subpart C CHAPTER 47 -HEAD- CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS -MISC1- Sec. 4701. Definitions. 4702. Research programs. 4703. Demonstration projects. 4704. Allocation of funds. 4705. Reports. 4706. Regulations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1103 of this title. ------End Document Listing------ Thank You For Using I-SEARCH.