SUBCHAPTER III—SPECIAL PROVISIONS RELATING TO RADIO
Part I—General Provisions
§301. License for radio communication or transmission of energy
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
(June 19, 1934, ch. 652, title III, §301,
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
1982—
§302. Repealed. June 5, 1936, ch. 511, §1, 49 Stat. 1475
Section, act June 19, 1934, ch. 652, title III, §302,
§302a. Devices which interfere with radio reception
(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.
(d) Cellular telecommunications receivers
(1) Within 180 days after October 28, 1992, the Commission shall prescribe and make effective regulations denying equipment authorization (under part 15 of title 47, Code of Federal Regulations, or any other part of that title) for any scanning receiver that is capable of—
(A) receiving transmissions in the frequencies allocated to the domestic cellular radio telecommunications service,
(B) readily being altered by the user to receive transmissions in such frequencies, or
(C) being equipped with decoders that convert digital cellular transmissions to analog voice audio.
(2) Beginning 1 year after the effective date of the regulations adopted pursuant to paragraph (1), no receiver having the capabilities described in subparagraph (A), (B), or (C) of paragraph (1), as such capabilities are defined in such regulations, shall be manufactured in the United States or imported for use in the United States.
(e) Delegation of equipment testing and certification to private laboratories
The Commission may—
(1) authorize the use of private organizations for testing and certifying the compliance of devices or home electronic equipment and systems with regulations promulgated under this section;
(2) accept as prima facie evidence of such compliance the certification by any such organization; and
(3) establish such qualifications and standards as it deems appropriate for such private organizations, testing, and certification.
(f) State and local enforcement of FCC regulations on use of citizens band radio equipment
(1) Except as provided in paragraph (2), a State or local government may enact a statute or ordinance that prohibits a violation of the following regulations of the Commission under this section:
(A) A regulation that prohibits a use of citizens band radio equipment not authorized by the Commission.
(B) A regulation that prohibits the unauthorized operation of citizens band radio equipment on a frequency between 24 MHz and 35 MHz.
(2) A station that is licensed by the Commission pursuant to
(3) The Commission shall, to the extent practicable, provide technical guidance to State and local governments regarding the detection and determination of violations of the regulations specified in paragraph (1).
(4)(A) In addition to any other remedy authorized by law, a person affected by the decision of a State or local government agency enforcing a statute or ordinance under paragraph (1) may submit to the Commission an appeal of the decision on the grounds that the State or local government, as the case may be, enacted a statute or ordinance outside the authority provided in this subsection.
(B) A person shall submit an appeal on a decision of a State or local government agency to the Commission under this paragraph, if at all, not later than 30 days after the date on which the decision by the State or local government agency becomes final, but prior to seeking judicial review of such decision.
(C) The Commission shall make a determination on an appeal submitted under subparagraph (B) not later than 180 days after its submittal.
(D) If the Commission determines under subparagraph (C) that a State or local government agency has acted outside its authority in enforcing a statute or ordinance, the Commission shall preempt the decision enforcing the statute or ordinance.
(5) The enforcement of statute or ordinance that prohibits a violation of a regulation by a State or local government under paragraph (1) in a particular case shall not preclude the Commission from enforcing the regulation in that case concurrently.
(6) Nothing in this subsection shall be construed to diminish or otherwise affect the jurisdiction of the Commission under this section over devices capable of interfering with radio communications.
(7) The enforcement of a statute or ordinance by a State or local government under paragraph (1) with regard to citizens band radio equipment on board a "commercial motor vehicle", as defined in
(June 19, 1934, ch. 652, title III, §302, as added
Editorial Notes
Amendments
2000—Subsec. (f).
1996—Subsec. (e).
1992—Subsec. (d).
1982—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effect on Other Laws
Minimum Performance Standards; Home Electronic Equipment and Systems Manufactured Before September 13, 1982
§303. Powers and duties of Commission
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 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
(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
(o) Have authority to designate call letters of all stations;
(p) Have authority to cause to be published such call letters and such other announcements and data as in the judgment of the Commission may be required for the efficient operation of radio stations subject to the jurisdiction of the United States and for the proper enforcement of this chapter;
(q) Have authority to require the painting and/or illumination of radio towers if and when in its judgment such towers constitute, or there is a reasonable possibility that they may constitute, a menace to air navigation. The permittee or licensee, and the tower owner in any case in which the owner is not the permittee or licensee, shall maintain the painting and/or illumination of the tower as prescribed by the Commission pursuant to this section. In the event that the tower ceases to be licensed by the Commission for the transmission of radio energy, the owner of the tower shall maintain the prescribed painting and/or illumination of such tower until it is dismantled, and the Commission may require the owner to dismantle and remove the tower when the Administrator of the Federal Aviation Agency determines that there is a reasonable possibility that it may constitute a menace to air navigation.
(r) Make such rules and regulations and prescribe such restrictions and conditions, not inconsistent with law, as may be necessary to carry out the provisions of this chapter, or any international radio or wire communications treaty or convention, or regulations annexed thereto, including any treaty or convention insofar as it relates to the use of radio, to which the United States is or may hereafter become a party.
(s) Have authority to require that apparatus designed to receive television pictures broadcast simultaneously with sound be capable of adequately receiving all frequencies allocated by the Commission to television broadcasting when such apparatus is shipped in interstate commerce, or is imported from any foreign country into the United States, for sale or resale to the public.
(t) Notwithstanding the provisions of
(u) Require that, if technically feasible—
(1) apparatus designed to receive or play back video programming transmitted simultaneously with sound, if such apparatus is manufactured in the United States or imported for use in the United States and uses a picture screen of any size—
(A) be equipped with built-in closed caption decoder circuitry or capability designed to display closed-captioned video programming;
(B) have the capability to decode and make available the transmission and delivery of video description services as required by regulations reinstated and modified pursuant to
(C) have the capability to decode and make available emergency information (as that term is defined in section 79.2 of the Commission's regulations (47 CFR 79.2)) in a manner that is accessible to individuals who are blind or visually impaired; and
(2) notwithstanding paragraph (1) of this subsection—
(A) apparatus described in such paragraph that use a picture screen that is less than 13 inches in size meet the requirements of subparagraph (A), (B), or (C) of such paragraph only if the requirements of such subparagraphs are achievable (as defined in
(B) any apparatus or class of apparatus that are display-only video monitors with no playback capability are exempt from the requirements of such paragraph; and
(C) the Commission shall have the authority, on its own motion or in response to a petition by a manufacturer, to waive the requirements of this subsection for any apparatus or class of apparatus—
(i) primarily designed for activities other than receiving or playing back video programming transmitted simultaneously with sound; or
(ii) for equipment designed for multiple purposes, capable of receiving or playing video programming transmitted simultaneously with sound but whose essential utility is derived from other purposes.
(v) Have exclusive jurisdiction to regulate the provision of direct-to-home satellite services. As used in this subsection, the term "direct-to-home satellite services" means the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite.
(w) Omitted.
(x) Require, in the case of an apparatus designed to receive television signals that are shipped in interstate commerce or manufactured in the United States and that have a picture screen 13 inches or greater in size (measured diagonally), that such apparatus be equipped with a feature designed to enable viewers to block display of all programs with a common rating, except as otherwise permitted by regulations pursuant to
(y) Have authority to allocate electromagnetic spectrum so as to provide flexibility of use, if—
(1) such use is consistent with international agreements to which the United States is a party; and
(2) the Commission finds, after notice and an opportunity for public comment, that—
(A) such an allocation would be in the public interest;
(B) such use would not deter investment in communications services and systems, or technology development; and
(C) such use would not result in harmful interference among users.
(z) Require that—
(1) if achievable (as defined in
(2) interconnection mechanisms and standards for digital video source devices are available to carry from the source device to the consumer equipment the information necessary to permit or render the display of closed captions and to make encoded video description and emergency information audible.
(aa) Require—
(1) if achievable (as defined in
(2) that if on-screen text menus or other visual indicators built in to the digital apparatus are used to access the functions of the apparatus described in paragraph (1), such functions shall be accompanied by audio output that is either integrated or peripheral to the apparatus, so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired in real-time;
(3) that for such apparatus equipped with the functions described in paragraphs (1) and (2) built in access to those closed captioning and video description features through a mechanism that is reasonably comparable to a button, key, or icon designated for activating the closed captioning or accessibility features; and
(4) that in applying this subsection the term "apparatus" does not include a navigation device, as such term is defined in section 76.1200 of the Commission's rules (47 CFR 76.1200).
(bb) Require—
(1) if achievable (as defined in
(2) for navigation devices with built-in closed captioning capability, that access to that capability through a mechanism is reasonably comparable to a button, key, or icon designated for activating the closed captioning, or accessibility features; and
(3) that, with respect to navigation device features and functions—
(A) delivered in software, the requirements set forth in this subsection shall apply to the manufacturer of such software; and
(B) delivered in hardware, the requirements set forth in this subsection shall apply to the manufacturer of such hardware.
(June 19, 1934, ch. 652, title III, §303,
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
Codification
Enactment of subsec. (w) by
In subsec. (l)(3), "subchapter II of
Amendments
2010—Subsec. (u).
Subsec. (z).
Subsec. (aa).
Subsec. (aa)(3).
Subsec. (bb).
Subsec. (bb)(3).
1997—Subsec. (y).
1996—Subsec. (f).
Subsec. (v).
Subsec. (w).
"(1) on the basis of recommendations from an advisory committee established by the Commission in accordance with section 551(b)(2) of the Telecommunications Act of 1996, guidelines and recommended procedures for the identification and rating of video programming that contains sexual, violent, or other indecent material about which parents should be informed before it is displayed to children: Provided, That nothing in this paragraph shall be construed to authorize any rating of video programming on the basis of its political or religious content; and
"(2) with respect to any video programming that has been rated, and in consultation with the television industry, rules requiring distributors of such video programming to transmit such rating to permit parents to block the display of video programming that they have determined is inappropriate for their children."
See Codification note above and Effective Date of 1996 Amendment note below.
Subsec. (x).
1992—Subsec. (q).
1990—Subsec. (l)(3).
Subsec. (u).
1982—Subsec. (l)(1).
Subsec. (m)(1)(A).
Subsec. (n).
Subsec. (t).
1974—Subsec. (l)(2).
Subsec. (l)(3).
1971—Subsec. (l)(3).
1965—Subsec. (q).
1964—Subsec. (l).
1962—Subsec. (l).
Subsec. (s).
1958—Subsec. (l).
1937—Subsecs. (m), (n). Act May 20, 1937, §§5, 6(a), amended subsecs. (m) and (n) generally.
Subsec. (r). Act May 20, 1937, §6(b), added subsec. (r).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
"(1)
"(A) established voluntary rules for rating video programming that contains sexual, violent, or other indecent material about which parents should be informed before it is displayed to children, and such rules are acceptable to the Commission; and
"(B) agreed voluntarily to broadcast signals that contain ratings of such programming.
"(2)
Effective Date of 1992 Amendment
Effective Date of 1990 Amendment
Regulations
"(d)
"(1) closed captioning within 6 months after the submission to the Commission of the Advisory Committee report required by section 201(e)(1) [
"(2) video description and emergency information within 18 months after the submission to the Commission of the Advisory Committee report required by section 201(e)(2) [
"(e)
[For definitions of terms used in section 203(d), (e) of
"(b)
"(c)
"(d)
[For definitions of terms used in section 204(b)–(d) of
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(6)
"(A)
"(i) not less than 2 years after the adoption of such regulations to begin placing in service devices that comply with the requirements of section 303(bb)(2) of the Communications Act of 1934 (as added by subsection (a) of this section); and
"(ii) not less than 3 years after the adoption of such regulations to begin placing in service devices that comply with the requirements of section 303(bb)(1) of the Communications Act of 1934 (as added by subsection (a) of this section).
"(B)
[For definitions of terms used in section 205(b) of
Authorization of Use of Automatic Identification Systems Devices To Mark Fishing Equipment
"(a)
"(1) the term 'Assistant Secretary' means the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration Administrator;
"(2) the term 'Automatic Identification System' has the meaning given the term in section 164.46(a) of title 33, Code of Federal Regulations, or any successor regulation;
"(3) the term 'Automatic Identification System device' means a covered device that operates in radio frequencies assigned for Automatic Identification System stations;
"(4) the term 'Commission' means the Federal Communications Commission; and
"(5) the term 'covered device' means a device used to mark fishing equipment.
"(b)
"(c)
Local Community Radio
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Local Community Radio Act of 2010'.
"SEC. 2. AMENDMENT.
"Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (
" 'Sec. 632. (a) The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99–25, to—
" '(1) prescribe protection for co-channels and first- and second-adjacent channels; and
" '(2) prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 (
" '(b) Any license that was issued by the Federal Communications Commission to a low-power FM station prior to April 2, 2001, and that does not comply with the modifications adopted by the Commission in MM Docket No. 99–25 on April 2, 2001, shall remain invalid.'
"SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
"(a)
"(1) low-power FM stations; and
"(2) full-service FM stations, FM translator stations, and FM booster stations.
"(b)
"(1)
"(A) low-power FM stations; and
"(B) full-service FM stations.
"(2)
"(A)
"(B)
"(i)
"(ii)
"(iii)
"SEC. 4. PROTECTION OF RADIO READING SERVICES.
"The Federal Communications Commission shall comply with its existing minimum distance separation requirements for full-service FM stations, FM translator stations, and FM booster stations that broadcast radio reading services via an analog subcarrier frequency to avoid potential interference by low-power FM stations.
"SEC. 5. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM STATIONS.
"The Federal Communications Commission, when licensing new FM translator stations, FM booster stations, and low-power FM stations, shall ensure that—
"(1) licenses are available to FM translator stations, FM booster stations, and low-power FM stations;
"(2) such decisions are made based on the needs of the local community; and
"(3) FM translator stations, FM booster stations, and low-power FM stations remain equal in status and secondary to existing and modified full-service FM stations.
"SEC. 6. PROTECTION OF TRANSLATOR INPUT SIGNALS.
"The Federal Communications Commission shall modify its rules to address the potential for predicted interference to FM translator input signals on third-adjacent channels set forth in section 2.7 of the technical report entitled 'Experimental Measurements of the Third-Adjacent Channel Impacts of Low-Power FM Stations, Volume One—Final Report (May 2003)'.
"SEC. 7. ENSURING EFFECTIVE REMEDIATION OF INTERFERENCE.
"The Federal Communications Commission shall modify the interference complaint process described in section 73.810 of its rules (47 CFR 73.810) as follows:
"(1) With respect to those low-power FM stations licensed at locations that do not satisfy third-adjacent channel spacing requirements under section 73.807 of the Commission's rules (47 CFR 73.807), the Federal Communications Commission shall provide the same interference protections that FM translator stations and FM booster stations are required to provide as set forth in section 74.1203 of its rules (47 CFR 74.1203) as in effect on the date of enactment of this Act.
"(2) For a period of 1 year after a new low-power FM station is constructed on a third-adjacent channel, such low-power FM station shall be required to broadcast periodic announcements that alert listeners that interference that they may be experiencing could be the result of the operation of such low-power FM station on a third-adjacent channel and shall instruct affected listeners to contact such low-power FM station to report any interference. The Federal Communications Commission shall require all newly constructed low-power FM stations on third-adjacent channels to—
"(A) notify the Federal Communications Commission and all affected stations on third-adjacent channels of an interference complaint by electronic communication within 48 hours after the receipt of such complaint; and
"(B) cooperate in addressing any such interference.
"(3) Low-power FM stations on third-adjacent channels shall be required to address complaints of interference within the protected contour of an affected station and shall be encouraged to address all other interference complaints, including complaints to the Federal Communications Commission based on interference to a full-service FM station, an FM translator station, or an FM booster station by the transmitter site of a low-power FM station on a third-adjacent channel at any distance from the full-service FM station, FM translator station, or FM booster station. The Federal Communications Commission shall provide notice to the licensee of a low-power FM station of the existence of such interference within 7 calendar days of the receipt of a complaint from a listener or another station.
"(4) To the extent possible, the Federal Communications Commission shall grant low-power FM stations on third-adjacent channels the technical flexibility to remediate interference through the colocation of the transmission facilities of the low-power FM station and any stations on third-adjacent channels.
"(5) The Federal Communications Commission shall—
"(A) permit the submission of informal evidence of interference, including any engineering analysis that an affected station may commission;
"(B) accept complaints based on interference to a full-service FM station, FM translator station, or FM booster station by the transmitter site of a low-power FM station on a third-adjacent channel at any distance from the full-service FM station, FM translator station, or FM booster station; and
"(C) accept complaints of interference to mobile reception.
"(6) The Federal Communications Commission shall for full-service FM stations that are licensed in significantly populated States with more than 3,000,000 population and a population density greater than 1,000 people per one square mile land area, require all low-power FM stations licensed after the date of enactment of this Act and located on third-adjacent, second-adjacent, first-adjacent, or co-channels to such full-service FM stations, to provide the same interference remediation requirements to complaints of interference, without regard to whether such complaints of interference occur within or outside of the protected contour of such stations, under the same interference complaint and remediation procedures that FM translator stations and FM booster stations are required to provide to full-service stations as set forth in section 74.1203 of its rules (47 CFR 74.1203) as in effect on the date of enactment of this Act. Notwithstanding the provisions of section 74.1203, no interference that arises outside the relevant distance for the full-service station class specified in the first column titled 'required' for 'Co-channel minimum separation (km)' in the table listed in section 73.807(a)(1) of the Commission's rules (47 CFR 73.807(a)(1)) shall require remediation.
"SEC. 8. FCC STUDY ON IMPACT OF LOW-POWER FM STATIONS ON FULL-SERVICE COMMERCIAL FM STATIONS.
"(a)
"(b)
"(c)
Broadcast Ownership
"(a)
"(b)
"(1)
"(A) in a radio market with 45 or more commercial radio stations, a party may own, operate, or control up to 8 commercial radio stations, not more than 5 of which are in the same service (AM or FM);
"(B) in a radio market with between 30 and 44 (inclusive) commercial radio stations, a party may own, operate, or control up to 7 commercial radio stations, not more than 4 of which are in the same service (AM or FM);
"(C) in a radio market with between 15 and 29 (inclusive) commercial radio stations, a party may own, operate, or control up to 6 commercial radio stations, not more than 4 of which are in the same service (AM or FM); and
"(D) in a radio market with 14 or fewer commercial radio stations, a party may own, operate, or control up to 5 commercial radio stations, not more than 3 of which are in the same service (AM or FM), except that a party may not own, operate, or control more than 50 percent of the stations in such market.
"(2)
"(c)
"(1)
"(A) by eliminating the restrictions on the number of television stations that a person or entity may directly or indirectly own, operate, or control, or have a cognizable interest in, nationwide; and
"(B) by increasing the national audience reach limitation for television stations to 39 percent.
"(2)
"(3)
"(4)
"(d)
"(e)
"(1) two or more persons or entities that, on the date of enactment of the Telecommunications Act of 1996 [Feb. 8, 1996], are 'networks' as defined in section 73.3613(a)(1) of the Commission's regulations (47 C.F.R. 73.3613(a)(1)); or
"(2) any network described in paragraph (1) and an English language program distribution service that, on such date, provides 4 or more hours of programming per week on a national basis pursuant to network affiliation arrangements with local television broadcast stations in markets reaching more than 75 percent of television homes (as measured by a national ratings service).
"(f)
"(1)
"(2)
"(g)
"(h)
"(i)
Restrictions on Over-the-Air Reception Devices
Parental Choice in Television Programming
"(1) Television influences children's perception of the values and behavior that are common and acceptable in society.
"(2) Television station operators, cable television system operators, and video programmers should follow practices in connection with video programming that take into consideration that television broadcast and cable programming has established a uniquely pervasive presence in the lives of American children.
"(3) The average American child is exposed to 25 hours of television each week and some children are exposed to as much as 11 hours of television a day.
"(4) Studies have shown that children exposed to violent video programming at a young age have a higher tendency for violent and aggressive behavior later in life than children not so exposed, and that children exposed to violent video programming are prone to assume that acts of violence are acceptable behavior.
"(5) Children in the United States are, on average, exposed to an estimated 8,000 murders and 100,000 acts of violence on television by the time the child completes elementary school.
"(6) Studies indicate that children are affected by the pervasiveness and casual treatment of sexual material on television, eroding the ability of parents to develop responsible attitudes and behavior in their children.
"(7) Parents express grave concern over violent and sexual video programming and strongly support technology that would give them greater control to block video programming in the home that they consider harmful to their children.
"(8) There is a compelling governmental interest in empowering parents to limit the negative influences of video programming that is harmful to children.
"(9) Providing parents with timely information about the nature of upcoming video programming and with the technological tools that allow them easily to block violent, sexual, or other programming that they believe harmful to their children is a nonintrusive and narrowly tailored means of achieving that compelling governmental interest."
Advisory Committee Requirements
"(A) ensure that such committee is composed of parents, television broadcasters, television programming producers, cable operators, appropriate public interest groups, and other interested individuals from the private sector and is fairly balanced in terms of political affiliation, the points of view represented, and the functions to be performed by the committee;
"(B) provide to the committee such staff and resources as may be necessary to permit it to perform its functions efficiently and promptly; and
"(C) require the committee to submit a final report of its recommendations within one year after the date of the appointment of the initial members."
Technology Fund
"(1) establish a technology fund to encourage television and electronics equipment manufacturers to facilitate the development of technology which would empower parents to block programming they deem inappropriate for their children and to encourage the availability thereof to low income parents;
"(2) report to the viewing public on the status of the development of affordable, easy to use blocking technology; and
"(3) establish and promote effective procedures, standards, systems, advisories, or other mechanisms for ensuring that users have easy and complete access to the information necessary to effectively utilize blocking technology and to encourage the availability thereof to low income parents."
AM Radio Improvement Standard
Broadcasting of Indecent Programming; FCC Regulations
"(1) between 6 a.m. and 10 p.m. on any day by any public radio station or public television station that goes off the air at or before 12 midnight; and
"(2) between 6 a.m. and 12 midnight on any day for any radio or television broadcasting station not described in paragraph (1).
The regulations required under this subsection shall be promulgated in accordance with
Congressional Findings Regarding Access by Hearing-Impaired People to Television Medium
"(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
"(a) Funds authorized to be appropriated under section 2 of this Act [amending
"(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."
§303a. Standards for children's television programming
(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).
(b) Advertising duration limitations
Except as provided in subsection (c), the standards prescribed under subsection (a) 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); 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
(
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Congressional Findings
"(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
§303b. Consideration of children's television service in broadcast license renewal
(a) After the standards required by
(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), 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.
(
Editorial Notes
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.
Amendments
1994—Subsec. (a).
1992—Subsec. (a).
§303c. Television program improvement
(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
(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) 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) 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.
(
Editorial Notes
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.
§304. Waiver by license of claims to particular frequency or of electromagnetic spectrum
No station license shall be granted by the Commission until the applicant therefor shall have waived any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise.
(June 19, 1934, ch. 652, title III, §304,
Editorial Notes
Amendments
1992—
1982—
§305. Government owned stations
(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
(b) Call letters
All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission.
(c) Stations operated by foreign governments
The provisions of
(June 19, 1934, ch. 652, title III, §305,
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Codification
In subsec. (c), "subchapter II of
Amendments
1996—Subsecs. (b) to (d).
1981—Subsec. (b).
1962—Subsec. (d).
Executive Documents
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
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
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,
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 (
(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 (
(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
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
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.
Executive Order No. 10995
Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519, as amended by Ex. Ord. No. 11084, eff. Feb. 18, 1963, 28 F.R. 1531, which related to the assignment of telecommunications management functions, was revoked by Ex. Ord. No. 11556, eff. Sept. 14, 1970, 35 F.R. 14193, formerly set out below.
Executive Order No. 11556
Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, as amended by Ex. Ord. No. 11921, June 11, 1976, 41 F.R. 2494, which related to the assignment of telecommunication functions, was revoked by Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out below.
Ex. Ord. No. 12046. Transfer of Telecommunications Functions
Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, as amended by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471, provided:
By virtue of the authority vested in me by the Constitution and laws of the United States of America, including Section 7 of Reorganization Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977)) [set out in the Appendix to Title 5, Government Organization and Employees], the authority and control vested in the President by Section 2 of Executive Order No. 11556, as amended. Section 202 of the Budget and Accounting Procedures Act of 1950 (
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 (
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 (
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 (
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 (
(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 [
(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 [
(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 (
(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
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 (
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 (
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 (
(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
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 [former
"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 [former
(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 [
6–203. Executive Order No. 11725, as amended [former
6–204. Executive Orders No. 10705, as amended [
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 chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], 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.
§306. Foreign ships; application of section 301
(June 19, 1934, ch. 652, title III, §306,
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
§307. Licenses
(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 of licenses
(1) Initial and renewal licenses
Each license granted for the operation of a broadcasting station shall be for a term of not to exceed 8 years. Upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed 8 years from the date of expiration of the preceding license, if the Commission finds that public interest, convenience, and necessity would be served thereby. Consistent with the foregoing provisions of this subsection, the Commission may by rule prescribe the period or periods for which licenses shall be granted and renewed for particular classes of stations, but the Commission may not adopt or follow any rule which would preclude it, in any case involving a station of a particular class, from granting or renewing a license for a shorter period than that prescribed for stations of such class if, in its judgment, the public interest, convenience, or necessity would be served by such action.
(2) Materials in application
In order to expedite action on applications for renewal of broadcasting station licenses and in order to avoid needless expense to applicants for such renewals, the Commission shall not require any such applicant to file any information which previously has been furnished to the Commission or which is not directly material to the considerations that affect the granting or denial of such application, but the Commission may require any new or additional facts it deems necessary to make its findings.
(3) Continuation pending decision
Pending any administrative or judicial hearing and final decision on such an application and the disposition of any petition for rehearing pursuant to section 405 or
(d) Renewals
No renewal of an existing station license in the broadcast or the common carrier services shall be granted more than thirty days prior to the expiration of the original license.
(e) Operation of certain radio stations without individual licenses
(1) Notwithstanding any license requirement established in this chapter, if the Commission determines that such authorization serves the public interest, convenience, and necessity, the Commission may by rule authorize the operation of radio stations without individual licenses in the following radio services: (A) the citizens band radio service; (B) the radio control service; (C) the aviation radio service for aircraft stations operated on domestic flights when such aircraft are not otherwise required to carry a radio station; and (D) the maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station.
(2) Any radio station operator who is authorized by the Commission to operate without an individual license shall comply with all other provisions of this chapter and with rules prescribed by the Commission under this chapter.
(3) For purposes of this subsection, the terms "citizens band radio service", "radio control service", "aircraft station" and "ship station" shall have the meanings given them by the Commission by rule.
(f) Areas in Alaska without access to over the air broadcasts
Notwithstanding any other provision of law, (1) any holder of a broadcast license may broadcast to an area of Alaska that otherwise does not have access to over the air broadcasts via translator, microwave, or other alternative signal delivery even if another holder of a broadcast license begins broadcasting to such area, (2) any holder of a broadcast license who has broadcast to an area of Alaska that did not have access to over the air broadcasts via translator, microwave, or other alternative signal delivery may continue providing such service even if another holder of a broadcast license begins broadcasting to such area, and shall not be fined or subject to any other penalty, forfeiture, or revocation related to providing such service including any fine, penalty, forfeiture, or revocation for continuing to operate notwithstanding orders to the contrary.
(June 19, 1934, ch. 652, title III, §307,
References in Text
This chapter, referred to in subsecs. (a) and (e), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
2004—Subsec. (c)(3).
Subsec. (f).
1996—Subsec. (c).
Subsec. (e).
"(1) Notwithstanding any licensing requirement established in this chapter, the Commission may by rule authorize the operation of radio stations without individual licenses in the radio control service and the citizens band radio service if the Commission determines that such authorization serves the public interest, convenience, and necessity.
"(2) Any radio station operator who is authorized by the Commission under paragraph (1) to operate without an individual license shall comply with all other provisions of this chapter and with rules prescribed by the Commission under this chapter.
"(3) For purposes of this subsection, the terms 'radio control service' and 'citizens band radio service' shall have the meanings given them by the Commission by rule."
1982—Subsec. (c).
Subsec. (d).
Subsec. (e).
1981—Subsec. (d).
1962—Subsec. (e).
1960—Subsec. (d).
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
§308. Requirements for license
(a) Writing; exceptions
The Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor received by it: Provided, That (1) in cases of emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or during the continuance of any such national emergency or war, in such manner and upon such terms and conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in effect beyond the period of the emergency or war requiring it: Provided further, That the Commission may issue by cable, telegraph, or radio a permit for the operation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the continental United States.
(b) Conditions
All applications for station licenses, or modifications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and financial, technical, and other qualifications of the applicant to operate the station; the ownership and location of the proposed station and of the stations, if any, with which it is proposed to communicate; the frequencies and the power desired to be used; the hours of the day or other periods of time during which it is proposed to operate the station; the purposes for which the station is to be used; and such other information as it may require. The Commission, at any time after the filing of such original application and during the term of any such license, may require from an applicant or licensee further written statements of fact to enable it to determine whether such original application should be granted or denied or such license revoked. Such application and/or such statement of fact shall be signed by the applicant and/or licensee in any manner or form, including by electronic means, as the Commission may prescribe by regulation.
(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
(d) Summary of complaints
Each applicant for the renewal of a commercial or noncommercial television license shall attach as an exhibit to the application a summary of written comments and suggestions received from the public and maintained by the licensee (in accordance with Commission regulations) that comment on the applicant's programming, if any, and that are characterized by the commentor as constituting violent programming.
(June 19, 1934, ch. 652, title III, §308,
Editorial Notes
Amendments
1996—Subsec. (d).
1994—Subsec. (c).
1992—Subsec. (b).
1962—Subsec. (b).
1952—Subsec. (a). Act July 16, 1952, §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, §6(b), substituted "All applications for station licenses or modifications or renewals thereof, shall set forth" for "All such applications shall set forth".
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
§309. Application for license
(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
(b) Time of granting application
Except as provided in subsection (c) of this section, no such application—
(1) for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or
(2) for an instrument of authorization in the case of a station in any of the following categories:
(A) industrial radio positioning stations for which frequencies are assigned on an exclusive basis,
(B) aeronautical en route stations,
(C) aeronautical advisory stations,
(D) airdrome control stations,
(E) aeronautical fixed stations, and
(F) such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe,
shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof.
(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
(C) a license under
(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
(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
(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) (or subsection (k) in the case of renewal of any broadcast station license). Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof. The applicant shall be given the opportunity to file a reply in which allegations of fact or denials thereof shall similarly be supported by affidavit.
(2) If the Commission finds on the basis of the application, the pleadings filed, or other matters which it may officially notice that there are no substantial and material questions of fact and that a grant of the application would be consistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station license), it shall make the grant, deny the petition, and issue a concise statement of the reasons for denying the petition, which statement shall dispose of all substantial issues raised by the petition. If a substantial and material question of fact is presented or if the Commission for any reason is unable to find that grant of the application would be consistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station license), it shall proceed as provided in subsection (e).
(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) 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
(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
(i) Random selection
(1)
(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) and
(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) 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 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.
(C) Not later than 180 days after August 10, 1993, the Commission shall prescribe such transfer disclosures and antitrafficking restrictions and payment schedules as are necessary to prevent the unjust enrichment of recipients of licenses or permits as a result of the methods employed to issue licenses under this subsection.
(5)
(B) Subparagraph (A) of this paragraph shall not apply with respect to licenses or permits for stations described in
(j) Use of competitive bidding
(1) General authority
If, consistent with the obligations described in paragraph (6)(E), mutually exclusive applications are accepted for any initial license or construction permit, then, except as provided in paragraph (2), the Commission shall grant the license or permit to a qualified applicant through a system of competitive bidding that meets the requirements of this subsection.
(2) Exemptions
The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commission—
(A) for public safety radio services, including private internal radio services used by State and local governments and non-government entities and including emergency road services provided by not-for-profit organizations, that—
(i) are used to protect the safety of life, health, or property; and
(ii) are not made commercially available to the public;
(B) for initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or
(C) for stations described in
(3) Design of systems of competitive bidding
For each class of licenses or permits that the Commission grants through the use of a competitive bidding system, the Commission shall, by regulation, establish a competitive bidding methodology. The Commission shall seek to design and test multiple alternative methodologies under appropriate circumstances. The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round. In identifying classes of licenses and permits to be issued by competitive bidding, in specifying eligibility and other characteristics of such licenses and permits, and in designing the methodologies for use under this subsection, the Commission shall include safeguards to protect the public interest in the use of the spectrum and shall seek to promote the purposes specified in
(A) the development and rapid deployment of new technologies, products, and services for the benefit of the public, including those residing in rural areas, without administrative or judicial delays;
(B) promoting economic opportunity and competition and ensuring that new and innovative technologies are readily accessible to the American people by avoiding excessive concentration of licenses and by disseminating licenses among a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women;
(C) recovery for the public of a portion of the value of the public spectrum resource made available for commercial use and avoidance of unjust enrichment through the methods employed to award uses of that resource;
(D) efficient and intensive use of the electromagnetic spectrum;
(E) ensure that, in the scheduling of any competitive bidding under this subsection, an adequate period is allowed—
(i) before issuance of bidding rules, to permit notice and comment on proposed auction procedures; and
(ii) after issuance of bidding rules, to ensure that interested parties have a sufficient time to develop business plans, assess market conditions, and evaluate the availability of equipment for the relevant services; and
(F) for any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (
(4) Contents of regulations
In prescribing regulations pursuant to paragraph (3), the Commission shall—
(A) consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph (3)(B), and combinations of such schedules and methods;
(B) include performance requirements, such as appropriate deadlines and penalties for performance failures, to ensure prompt delivery of service to rural areas, to prevent stockpiling or warehousing of spectrum by licensees or permittees, and to promote investment in and rapid deployment of new technologies and services;
(C) consistent with the public interest, convenience, and necessity, the purposes of this chapter, and the characteristics of the proposed service, prescribe area designations and bandwidth assignments that promote (i) an equitable distribution of licenses and services among geographic areas, (ii) economic opportunity for a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women, and (iii) investment in and rapid deployment of new technologies and services;
(D) ensure that small businesses, rural telephone companies, and businesses owned by members of minority groups and women are given the opportunity to participate in the provision of spectrum-based services, and, for such purposes, consider the use of tax certificates, bidding preferences, and other procedures;
(E) require such transfer disclosures and antitrafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits; and
(F) prescribe methods by which a reasonable reserve price will be required, or a minimum bid will be established, to obtain any license or permit being assigned pursuant to the competitive bidding, unless the Commission determines that such a reserve price or minimum bid is not in the public interest.
(5) Bidder and licensee qualification
No person shall be permitted to participate in a system of competitive bidding pursuant to this subsection unless such bidder submits such information and assurances as the Commission may require to demonstrate that such bidder's application is acceptable for filing. No license shall be granted to an applicant selected pursuant to this subsection unless the Commission determines that the applicant is qualified pursuant to subsection (a) and
(6) Rules of construction
Nothing in this subsection, or in the use of competitive bidding, shall—
(A) alter spectrum allocation criteria and procedures established by the other provisions of this chapter;
(B) limit or otherwise affect the requirements of subsection (h) of this section,
(C) diminish the authority of the Commission under the other provisions of this chapter to regulate or reclaim spectrum licenses;
(D) be construed to convey any rights, including any expectation of renewal of a license, that differ from the rights that apply to other licenses within the same service that were not issued pursuant to this subsection;
(E) be construed to relieve the Commission of the obligation in the public interest to continue to use engineering solutions, negotiation, threshold qualifications, service regulations, and other means in order to avoid mutual exclusivity in application and licensing proceedings;
(F) be construed to prohibit the Commission from issuing nationwide, regional, or local licenses or permits;
(G) be construed to prevent the Commission from awarding licenses to those persons who make significant contributions to the development of a new telecommunications service or technology; or
(H) be construed to relieve any applicant for a license or permit of the obligation to pay charges imposed pursuant to
(7) Consideration of revenues in public interest determinations
(A) Consideration prohibited
In making a decision pursuant to
(B) Consideration limited
In prescribing regulations pursuant to paragraph (4)(A) of this subsection, the Commission may not base a finding of public interest, convenience, and necessity solely or predominantly on the expectation of Federal revenues from the use of a system of competitive bidding under this subsection.
(C) Consideration of demand for spectrum not affected
Nothing in this paragraph shall be construed to prevent the Commission from continuing to consider consumer demand for spectrum-based services.
(8) Treatment of revenues
(A) General rule
Except as provided in subparagraphs (B), (D), (E), (F), and (G), all proceeds from the use of a competitive bidding system under this subsection shall be deposited in the Treasury in accordance with
(B) Retention of revenues
Notwithstanding subparagraph (A), the salaries and expenses account of the Commission shall retain as an offsetting collection such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this subsection. Such offsetting collections shall be available for obligation subject to the terms and conditions of the receiving appropriations account, and shall be deposited in such accounts on a quarterly basis. Such offsetting collections are authorized to remain available until expended.
(C) Deposit and use of auction escrow accounts
Any deposits the Commission may require for the qualification of any person to bid in a system of competitive bidding pursuant to this subsection shall be deposited in the Treasury. Within 45 days following the conclusion of the competitive bidding—
(i) the deposits of successful bidders shall be deposited in the general fund of the Treasury (where such deposits shall be used for the sole purpose of deficit reduction), except as otherwise provided in subparagraphs (D)(ii), (E)(ii), (F), and (G); and
(ii) the deposits of unsuccessful bidders shall be returned to such bidders, and payments representing the return of such deposits shall not be subject to administrative offset under
(D) Proceeds from reallocated Federal spectrum
(i) In general
Except as provided in clause (ii), cash proceeds attributable to the auction of any eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (
(ii) Certain other proceeds
Notwithstanding subparagraph (A) and except as provided in subparagraph (B), in the case of proceeds (including deposits and upfront payments from successful bidders) attributable to the auction of eligible frequencies described in paragraph (2) of section 113(g) of the National Telecommunications and Information Administration Organization Act [
(E) Transfer of receipts
(i) Establishment of Fund
There is established in the Treasury of the United States a fund to be known as the Digital Television Transition and Public Safety Fund.
(ii) Proceeds for funds
Notwithstanding subparagraph (A), the proceeds (including deposits and upfront payments from successful bidders) from the use of a competitive bidding system under this subsection with respect to recovered analog spectrum shall be deposited in the Digital Television Transition and Public Safety Fund.
(iii) Transfer of amount to Treasury
On September 30, 2009, the Secretary shall transfer $7,363,000,000 from the Digital Television Transition and Public Safety Fund to the general fund of the Treasury.
(iv) Recovered analog spectrum
For purposes of clause (i), the term "recovered analog spectrum" has the meaning provided in paragraph (15)(C)(vi).
(F) Certain proceeds designated for Public Safety Trust Fund
Notwithstanding subparagraph (A) and except as provided in subparagraphs (B) and (D)(ii), the proceeds (including deposits and upfront payments from successful bidders) from the use of a system of competitive bidding under this subsection pursuant to
(G) Incentive auctions
(i) In general
Notwithstanding subparagraph (A) and except as provided in subparagraph (B), the Commission may encourage a licensee to relinquish voluntarily some or all of its licensed spectrum usage rights in order to permit the assignment of new initial licenses subject to flexible-use service rules by sharing with such licensee a portion, based on the value of the relinquished rights as determined in the reverse auction required by clause (ii)(I), of the proceeds (including deposits and upfront payments from successful bidders) from the use of a competitive bidding system under this subsection.
(ii) Limitations
The Commission may not enter into an agreement for a licensee to relinquish spectrum usage rights in exchange for a share of auction proceeds under clause (i) unless—
(I) the Commission conducts a reverse auction to determine the amount of compensation that licensees would accept in return for voluntarily relinquishing spectrum usage rights; and
(II) at least two competing licensees participate in the reverse auction.
(iii) Treatment of revenues
Notwithstanding subparagraph (A) and except as provided in subparagraph (B), the proceeds (including deposits and upfront payments from successful bidders) from any auction, prior to the end of fiscal year 2022, of spectrum usage rights made available under clause (i) that are not shared with licensees under such clause shall be deposited as follows:
(I) $1,750,000,000 of the proceeds from the incentive auction of broadcast television spectrum required by
(II) All other proceeds shall be deposited—
(aa) prior to the end of fiscal year 2022, in the Public Safety Trust Fund established by
(bb) after the end of fiscal year 2022, in the general fund of the Treasury, where such proceeds shall be dedicated for the sole purpose of deficit reduction.
(iv) Congressional notification
At least 3 months before any incentive auction conducted under this subparagraph, the Chairman of the Commission, in consultation with the Director of the Office of Management and Budget, shall notify the appropriate committees of Congress of the methodology for calculating the amounts that will be shared with licensees under clause (i).
(v) Definition
In this subparagraph, the term "appropriate committees of Congress" means—
(I) the Committee on Commerce, Science, and Transportation of the Senate;
(II) the Committee on Appropriations of the Senate;
(III) the Committee on Energy and Commerce of the House of Representatives; and
(IV) the Committee on Appropriations of the House of Representatives.
(9) Use of former Government spectrum
The Commission shall, not later than 5 years after August 10, 1993, issue licenses and permits pursuant to this subsection for the use of bands of frequencies that—
(A) in the aggregate span not less than 10 megahertz; and
(B) have been reassigned from Government use pursuant to part B of the National Telecommunications and Information Administration Organization Act [
(10) Authority contingent on availability of additional spectrum
(A) Initial conditions
The Commission's authority to issue licenses or permits under this subsection shall not take effect unless—
(i) the Secretary of Commerce has submitted to the Commission the report required by section 113(d)(1) of the National Telecommunications and Information Administration Organization Act [
(ii) such report recommends for immediate reallocation bands of frequencies that, in the aggregate, span not less than 50 megahertz;
(iii) such bands of frequencies meet the criteria required by section 113(a) of such Act [
(iv) the Commission has completed the rulemaking required by
(B) Subsequent conditions
The Commission's authority to issue licenses or permits under this subsection on and after 2 years after August 10, 1993, shall cease to be effective if—
(i) the Secretary of Commerce has failed to submit the report required by section 113(a) of the National Telecommunications and Information Administration Organization Act [
(ii) the President has failed to withdraw and limit assignments of frequencies as required by paragraphs (1) and (2) of section 114(a) of such Act [
(iii) the Commission has failed to issue the regulations required by section 115(a) of such Act [
(iv) the Commission has failed to complete and submit to Congress, not later than 18 months after August 10, 1993, a study of current and future spectrum needs of State and local government public safety agencies through the year 2010, and a specific plan to ensure that adequate frequencies are made available to public safety licensees; or
(v) the Commission has failed under
until such failure has been corrected.
(11) Termination
The authority of the Commission to grant a license or permit under this subsection shall expire March 9, 2023, except that, with respect to the electromagnetic spectrum identified under section 1004(a) of the Spectrum Pipeline Act of 2015, such authority shall expire on September 30, 2025, and with respect to the electromagnetic spectrum identified under section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, such authority shall expire on the date that is 7 years after November 15, 2021.
(12) Repealed. Pub. L. 115–141, div. P, title IV, §402(i)(4)(A), Mar. 23, 2018, 132 Stat. 1089
(13) Recovery of value of public spectrum in connection with pioneer preferences
(A) In general
Notwithstanding paragraph (6)(G), the Commission shall not award licenses pursuant to a preferential treatment accorded by the Commission to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with the requirements of this paragraph.
(B) Recovery of value
The Commission shall recover for the public a portion of the value of the public spectrum resource made available to such person by requiring such person, as a condition for receipt of the license, to agree to pay a sum determined by—
(i) identifying the winning bids for the licenses that the Commission determines are most reasonably comparable in terms of bandwidth, scope of service area, usage restrictions, and other technical characteristics to the license awarded to such person, and excluding licenses that the Commission determines are subject to bidding anomalies due to the award of preferential treatment;
(ii) dividing each such winning bid by the population of its service area (hereinafter referred to as the per capita bid amount);
(iii) computing the average of the per capita bid amounts for the licenses identified under clause (i);
(iv) reducing such average amount by 15 percent; and
(v) multiplying the amount determined under clause (iv) by the population of the service area of the license obtained by such person.
(C) Installments permitted
The Commission shall require such person to pay the sum required by subparagraph (B) in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of not more than 5 years.
(D) Rulemaking on pioneer preferences
Except with respect to pending applications described in clause (iv) of this subparagraph, the Commission shall prescribe regulations specifying the procedures and criteria by which the Commission will evaluate applications for preferential treatment in its licensing processes (by precluding the filing of mutually exclusive applications) for persons who make significant contributions to the development of a new service or to the development of new technologies that substantially enhance an existing service. Such regulations shall—
(i) specify the procedures and criteria by which the significance of such contributions will be determined, after an opportunity for review and verification by experts in the radio sciences drawn from among persons who are not employees of the Commission or by any applicant for such preferential treatment;
(ii) include such other procedures as may be necessary to prevent unjust enrichment by ensuring that the value of any such contribution justifies any reduction in the amounts paid for comparable licenses under this subsection;
(iii) be prescribed not later than 6 months after December 8, 1994;
(iv) not apply to applications that have been accepted for filing on or before September 1, 1994; and
(v) cease to be effective on the date of the expiration of the Commission's authority under subparagraph (F).
(E) Implementation with respect to pending applications
In applying this paragraph to any broadband licenses in the personal communications service awarded pursuant to the preferential treatment accorded by the Federal Communications Commission in the Third Report and Order in General Docket 90–314 (FCC 93–550, released February 3, 1994)—
(i) the Commission shall not reconsider the award of preferences in such Third Report and Order, and the Commission shall not delay the grant of licenses based on such awards more than 15 days following December 8, 1994, and the award of such preferences and licenses shall not be subject to administrative or judicial review;
(ii) the Commission shall not alter the bandwidth or service areas designated for such licenses in such Third Report and Order;
(iii) except as provided in clause (v), the Commission shall use, as the most reasonably comparable licenses for purposes of subparagraph (B)(i), the broadband licenses in the personal communications service for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment;
(iv) for purposes of subparagraph (C), the Commission shall permit guaranteed installment payments over a period of 5 years, subject to—
(I) the payment only of interest on unpaid balances during the first 2 years, commencing not later than 30 days after the award of the license (including any preferential treatment used in making such award) is final and no longer subject to administrative or judicial review, except that no such payment shall be required prior to the date of completion of the auction of the comparable licenses described in clause (iii); and
(II) payment of the unpaid balance and interest thereon after the end of such 2 years in accordance with the regulations prescribed by the Commission; and
(v) the Commission shall recover with respect to broadband licenses in the personal communications service an amount under this paragraph that is equal to not less than $400,000,000, and if such amount is less than $400,000,000, the Commission shall recover an amount equal to $400,000,000 by allocating such amount among the holders of such licenses based on the population of the license areas held by each licensee.
The Commission shall not include in any amounts required to be collected under clause (v) the interest on unpaid balances required to be collected under clause (iv).
(F) Expiration
The authority of the Commission to provide preferential treatment in licensing procedures (by precluding the filing of mutually exclusive applications) to persons who make significant contributions to the development of a new service or to the development of new technologies that substantially enhance an existing service shall expire on August 5, 1997.
(G) Effective date
This paragraph shall be effective on December 8, 1994, and apply to any licenses issued on or after August 1, 1994, by the Federal Communications Commission pursuant to any licensing procedure that provides preferential treatment (by precluding the filing of mutually exclusive applications) to persons who make significant contributions to the development of a new service or to the development of new technologies that substantially enhance an existing service.
(14) Auction of recaptured broadcast television spectrum
(A) Limitations on terms of terrestrial television broadcast licenses
A full-power television broadcast license that authorizes analog television service may not be renewed to authorize such service for a period that extends beyond June 12, 2009.
(B) Spectrum reversion and resale
(i) The Commission shall—
(I) ensure that, as licenses for analog television service expire pursuant to subparagraph (A), each licensee shall cease using electromagnetic spectrum assigned to such service according to the Commission's direction; and
(II) reclaim and organize the electromagnetic spectrum in a manner consistent with the objectives described in paragraph (3) of this subsection.
(ii) Licensees for new services occupying spectrum reclaimed pursuant to clause (i) shall be assigned in accordance with this subsection.
(C) Certain limitations on qualified bidders prohibited
In prescribing any regulations relating to the qualification of bidders for spectrum reclaimed pursuant to subparagraph (B)(i), the Commission, for any license that may be used for any digital television service where the grade A contour of the station is projected to encompass the entirety of a city with a population in excess of 400,000 (as determined using the 1990 decennial census), shall not—
(i) preclude any party from being a qualified bidder for such spectrum on the basis of—
(I) the Commission's duopoly rule (47 C.F.R. 73.3555(b)); or
(II) the Commission's newspaper cross-ownership rule (47 C.F.R. 73.3555(d)); or
(ii) apply either such rule to preclude such a party that is a winning bidder in a competitive bidding for such spectrum from using such spectrum for digital television service.
(15) Commission to determine timing of auctions
(A) Commission authority
Subject to the provisions of this subsection (including paragraph (11)), but notwithstanding any other provision of law, the Commission shall determine the timing of and deadlines for the conduct of competitive bidding under this subsection, including the timing of and deadlines for qualifying for bidding; conducting auctions; collecting, depositing, and reporting revenues; and completing licensing processes and assigning licenses.
(B) Termination of portions of auctions 31 and 44
Except as provided in subparagraph (C), the Commission shall not commence or conduct auctions 31 and 44 on June 19, 2002, as specified in the public notices of March 19, 2002, and March 20, 2002 (DA 02–659 and DA 02–563).
(C) Exception
(i) Blocks excepted
Subparagraph (B) shall not apply to the auction of—
(I) the C-block of licenses on the bands of frequencies located at 710–716 megahertz, and 740–746 megahertz; or
(II) the D-block of licenses on the bands of frequencies located at 716–722 megahertz.
(ii) Eligible bidders
The entities that shall be eligible to bid in the auction of the C-block and D-block licenses described in clause (i) shall be those entities that were qualified entities, and that submitted applications to participate in auction 44, by May 8, 2002, as part of the original auction 44 short form filing deadline.
(iii) Auction deadlines for excepted blocks
Notwithstanding subparagraph (B), the auction of the C-block and D-block licenses described in clause (i) shall be commenced no earlier than August 19, 2002, and no later than September 19, 2002, and the proceeds of such auction shall be deposited in accordance with paragraph (8) not later than December 31, 2002.
(iv) Repealed. Pub. L. 115–141, div. P, title IV, §402(i)(4)(B), Mar. 23, 2018, 132 Stat. 1089
(v) Additional deadlines for recovered analog spectrum
Notwithstanding subparagraph (B), the Commission shall conduct the auction of the licenses for recovered analog spectrum by commencing the bidding not later than January 28, 2008, and shall deposit the proceeds of such auction in accordance with paragraph (8)(E)(ii) not later than June 30, 2008.
(vi) Recovered analog spectrum
For purposes of clause (v), the term "recovered analog spectrum" means the spectrum between channels 52 and 69, inclusive (between frequencies 698 and 806 megahertz, inclusive) reclaimed from analog television service broadcasting under paragraph (14), other than—
(I) the spectrum required by
(II) the spectrum auctioned prior to February 8, 2006.
(D) Return of payments
Within one month after June 19, 2002, the Commission shall return to the bidders for licenses in the A-block, B-block, and E-block of auction 44 the full amount of all upfront payments made by such bidders for such licenses.
(16) Special auction provisions for eligible frequencies
(A) Special regulations
The Commission shall revise the regulations prescribed under paragraph (4)(F) of this subsection to prescribe methods by which the total cash proceeds from any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (
(B) Conclusion of auctions contingent on minimum proceeds
The Commission shall not conclude any auction of eligible frequencies described in section 113(g)(2) of such Act [
(C) Authority to issue prior to deauthorization
In any auction conducted under the regulations required by subparagraph (A), the Commission may grant a license assigned for the use of eligible frequencies prior to the termination of an eligible Federal entity's authorization. However, the Commission shall condition such license by requiring that the licensee cannot cause harmful interference to such Federal entity until such entity's authorization has been terminated by the National Telecommunications and Information Administration.
(17) Certain conditions on auction participation prohibited
(A) In general
Notwithstanding any other provision of law, the Commission may not prevent a person from participating in a system of competitive bidding under this subsection if such person—
(i) complies with all the auction procedures and other requirements to protect the auction process established by the Commission; and
(ii) either—
(I) meets the technical, financial, character, and citizenship qualifications that the Commission may require under
(II) would meet such license qualifications by means approved by the Commission prior to the grant of the license.
(B) Clarification of authority
Nothing in subparagraph (A) affects any authority the Commission has to adopt and enforce rules of general applicability, including rules concerning spectrum aggregation that promote competition.
(18) Estimate of upcoming auctions
(A) Not later than September 30, 2018, and annually thereafter, the Commission shall make publicly available an estimate of what systems of competitive bidding authorized under this subsection may be initiated during the upcoming 12-month period.
(B) The estimate under subparagraph (A) shall, to the extent possible, identify the bands of frequencies the Commission expects to be included in each such system of competitive bidding.
(k) Broadcast station renewal procedures
(1) Standards for renewal
If the licensee of a broadcast station submits an application to the Commission for renewal of such license, the Commission shall grant the application if it finds, with respect to that station, during the preceding term of its license—
(A) the station has served the public interest, convenience, and necessity;
(B) there have been no serious violations by the licensee of this chapter or the rules and regulations of the Commission; and
(C) there have been no other violations by the licensee of this chapter or the rules and regulations of the Commission which, taken together, would constitute a pattern of abuse.
(2) Consequence of failure to meet standard
If any licensee of a broadcast station fails to meet the requirements of this subsection, the Commission may deny the application for renewal in accordance with paragraph (3), or grant such application on terms and conditions as are appropriate, including renewal for a term less than the maximum otherwise permitted.
(3) Standards for denial
If the Commission determines, after notice and opportunity for a hearing as provided in subsection (e), that a licensee has failed to meet the requirements specified in paragraph (1) and that no mitigating factors justify the imposition of lesser sanctions, the Commission shall—
(A) issue an order denying the renewal application filed by such licensee under
(B) only thereafter accept and consider such applications for a construction permit as may be filed under
(4) Competitor consideration prohibited
In making the determinations specified in paragraph (1) or (2), the Commission shall not consider whether the public interest, convenience, and necessity might be served by the grant of a license to a person other than the renewal applicant.
(l) Applicability of competitive bidding to pending comparative licensing cases
With respect to competing applications for initial licenses or construction permits for commercial radio or television stations that were filed with the Commission before July 1, 1997, the Commission shall—
(1) have the authority to conduct a competitive bidding proceeding pursuant to subsection (j) to assign such license or permit;
(2) treat the persons filing such applications as the only persons eligible to be qualified bidders for purposes of such proceeding; and
(3) waive any provisions of its regulations necessary to permit such persons to enter an agreement to procure the removal of a conflict between their applications during the 180-day period beginning on August 5, 1997.
(June 19, 1934, ch. 652, title III, §309,
Editorial Notes
References in Text
This chapter, referred to in subsecs. (h), (j)(4)(C), (6), and (k)(1), was in the original "this Act", meaning act June 19, 1934, ch. 652,
The National Telecommunications and Information Administration Organization Act, referred to in subsec. (j)(9)(B), is title I of
Section 1004(a) of the Spectrum Pipeline Act of 2015, referred to in subsec. (j)(11), is section 1004(a) of
Section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, referred to in subsec. (j)(11), is section 90008(b)(2)(A)(ii) of
Amendments
2022—Subsec. (j)(11).
2021—Subsec. (j)(11).
2018—Subsec. (j)(8)(B).
Subsec. (j)(8)(C).
Subsec. (j)(8)(C)(i).
Subsec. (j)(8)(C)(ii).
Subsec. (j)(8)(C)(iii).
Subsec. (j)(12).
Subsec. (j)(15)(C)(iv).
Subsec. (j)(18).
2015—Subsec. (j)(11).
2012—Subsec. (j)(3)(F).
Subsec. (j)(8)(A).
Subsec. (j)(8)(C)(i).
Subsec. (j)(8)(C)(iii).
Subsec. (j)(8)(D).
Subsec. (j)(8)(F).
Subsec. (j)(8)(G).
Subsec. (j)(11).
Subsec. (j)(16)(A), (B).
Subsec. (j)(17).
2009—Subsec. (j)(11).
Subsec. (j)(14)(A).
2006—Subsec. (j)(8)(A).
Subsec. (j)(8)(C)(i).
Subsec. (j)(8)(E).
Subsec. (j)(11).
Subsec. (j)(14)(A).
Subsec. (j)(14)(B).
Subsec. (j)(14)(C).
Subsec. (j)(14)(C)(i)(I).
Subsec. (j)(14)(D).
Subsec. (j)(15).
Subsec. (j)(16).
2004—Subsec. (j)(3)(F).
Subsec. (j)(8)(A).
Subsec. (j)(8)(D).
Subsec. (j)(15).
2002—Subsec. (j)(14)(C)(ii).
Subsec. (j)(15).
1997—Subsec. (i)(1).
"(A) there is more than one application for any initial license or construction permit which will involve a use of the electromagnetic spectrum; and
"(B) the Commission has determined that the use is not described in subsection (j)(2)(A) of this section;
then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection."
Subsec. (i)(5).
Subsec. (j)(1), (2).
"(1)
"(2)
"(A) the principal use of such spectrum will involve, or is reasonably likely to involve, the licensee receiving compensation from subscribers in return for which the licensee—
"(i) enables those subscribers to receive communications signals that are transmitted utilizing frequencies on which the licensee is licensed to operate; or
"(ii) enables those subscribers to transmit directly communications signals utilizing frequencies on which the licensee is licensed to operate; and
"(B) a system of competitive bidding will promote the objectives described in paragraph (3)."
Subsec. (j)(3).
Subsec. (j)(3)(E).
Subsec. (j)(4)(F).
Subsec. (j)(8)(B).
Subsec. (j)(11).
Subsec. (j)(13)(F).
Subsec. (j)(14).
Subsec. (l).
1996—Subsec. (b)(2)(A) to (G).
Subsec. (d).
Subsec. (j)(8)(B).
Subsec. (j)(8)(C).
Subsec. (k).
1994—Subsec. (c)(2)(F).
Subsec. (i)(4)(A).
Subsec. (j)(13).
1993—Subsec. (i).
Subsec. (j).
1984—Subsec. (h).
1982—Subsec. (f).
Subsec. (i)(1).
Subsec. (i)(2).
Subsec. (i)(3)(A).
Subsec. (i)(3)(C).
Subsec. (i)(4)(A).
1981—Subsec. (i).
1964—Subsec. (c)(2)(G).
Subsec. (e).
1960—
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by section 101(b) of
Effective Date of 1997 Amendment
Effective Date of 1996 Amendment
Amendment by section 204(a) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1960 Amendment
"(1) Subsections (a) and (b) of this section [amending this section and
"(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 [
"(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 [
5G Spectrum Authority Licensing Enforcement
"SECTION 1. SHORT TITLE.
"This Act may be cited as the '5G Spectrum Authority Licensing Enforcement Act' or the '5G SALE Act'.
"SEC. 2. FCC PROCESSING OF APPLICATIONS FOR SPECTRUM LICENSES AWARDED BY AUCTION.
"In the case of any applicant for a license or permit for the use of spectrum in the band of frequencies between 2496 megahertz and 2690 megahertz, inclusive, that the Federal Communications Commission selected through a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (
Digital Television Transition and Public Safety
"(a)
"(b)
"(c)
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Short-term Analog Flash and Emergency Readiness Act'.
"SEC. 2. COMMISSION ACTION REQUIRED.
"(a)
"(b)
"(1) emergency information, including critical details regarding the emergency, as broadcast or required to be broadcast by full-power stations in the digital television service;
"(2) information, in both English and Spanish, and accessible to persons with disabilities, concerning—
"(A) the digital television transition, including the fact that a transition has taken place and that additional action is required to continue receiving television service, including emergency notifications; and
"(B) the steps required to enable viewers to receive such emergency information via the digital television service and to convert to receiving digital television service, including a phone number and Internet address by which help with such transition may be obtained in both English and Spanish; and
"(3) such other information related to consumer education about the digital television transition or public health and safety or emergencies as the Commission may find to be consistent with the public interest.
"SEC. 3. LIMITATIONS.
"In designing the program required by this Act, the Commission shall—
"(1) take into account market-by-market needs, based upon factors such as channel and transmitter availability;
"(2) ensure that broadcasting of the program specified in section 2(b) will not cause harmful interference with signals in the digital television service;
"(3) not require the analog television service signals broadcast under this Act to be retransmitted or otherwise carried pursuant to section 325(b), 338, 339, 340, 614, or 615 of the Communications Act of 1934 (
"(4) take into consideration broadcasters' digital power levels and transition and coordination plans that already have been adopted with respect to cable systems and satellite carriers' systems;
"(5) prohibit any broadcast of analog television service signals under section 2(b) on any spectrum that is approved or pending approval by the Commission to be used for public safety radio services, including television channels 14-20; and
"(6) not include the analog spectrum between channels 52 and 69, inclusive (between frequencies 698 and 806 megahertz, inclusive) reclaimed from analog television broadcasting pursuant to section 309(j) of the Communications Act of 1934 (
"SEC. 4. DEFINITIONS.
"As used in this Act, the term 'emergency information' has the meaning such term has under part 79 of the regulations of the Federal Communications Commission (47 C.F.R. part 79)."
"SEC. 3001. SHORT TITLE; DEFINITION.
"(a)
"(b)
"SEC. 3002. ANALOG SPECTRUM RECOVERY: FIRM DEADLINE.
"(a)
"(b)
"(1) to terminate all licenses for full-power television stations in the analog television service, and to require the cessation of broadcasting by full-power stations in the analog television service, by June 13, 2009; and
"(2) to require by that date that all broadcasting by Class A stations, whether in the analog television service or digital television service, and all broadcasting by full-power stations in the digital television service, occur only on channels between channels 2 and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and 698 megahertz, inclusive).
"(c)
"SEC. 3003. AUCTION OF RECOVERED SPECTRUM.
[Amended this section.]
"SEC. 3004. RESERVATION OF AUCTION PROCEEDS.
[Amended this section.]
"SEC. 3005. DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.
"(a)
"(1) implement and administer a program through which households in the United States may obtain coupons that can be applied toward the purchase of digital-to-analog converter boxes; and
"(2) make payments of not to exceed $990,000,000, in the aggregate, through fiscal year 2009 to carry out that program from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (
"(b)
"(c)
"(1)
"(A)
"(B)
"(C)
"(D)
"(2)
"(A) all administrative expenses for the program, including not more than $5,000,000 for consumer education concerning the digital television transition and the availability of the digital-to-analog converter box program; and
"(B) the total maximum value of all the coupons redeemed, and issued but not expired, does not exceed $990,000,000.
"(3)
"(A) paragraph (2) shall be applied—
"(i) by substituting '$160,000,000' for '$100,000,000'; and
"(ii) by substituting '$1,500,000,000' for '$990,000,000';
"(B) subsection (a)(2) shall be applied by substituting '$1,500,000,000' for '$990,000,000'; and
"(C) the additional amount permitted to be expended shall be available 60 days after the Assistant Secretary sends such statement.
"(4)
"(d)
"SEC. 3006. PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS.
"(a)
"(1) may take such administrative action as is necessary to establish and implement—
"(A) a grant program to assist public safety agencies in the planning and coordination associated with, the acquisition of, deployment of, or training for the use of interoperable communications equipment, software and systems that—
"(i) utilize reallocated public safety spectrum for radio communication;
"(ii) enable interoperability with communications systems that can utilize reallocated public safety spectrum for radio communication; or
"(iii) otherwise improve or advance the interoperability of public safety communications systems that utilize other public safety spectrum bands; and
"(B) are used to establish and implement [sic] a strategic technology reserve to pre-position or secure interoperable communications in advance for immediate deployment in an emergency or major disaster;
"(2) shall make payments of not to exceed $1,000,000,000, in the aggregate, through fiscal year 2010 from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (
"(3) shall permit any funds allocated for use under paragraph (1)(B) to be used for purposes identified under paragraph (1)(A), if the public safety agency demonstrates that it has already implemented such a strategic technology reserve or demonstrates higher priority public safety communications needs.
"(b)
"(c)
"(1)
"(2)
"(A) are capable of re-establishing communications when existing critical infrastructure is damaged or destroyed in an emergency or a major disaster;
"(B) include appropriate current, widely-used equipment, such as Land Mobile Radio Systems, cellular telephones and satellite-enabled equipment (and related communications service), Cells-On-Wheels, Cells-On-Light-Trucks, or other self-contained mobile cell sites that can be towed, backup batteries, generators, fuel, and computers;
"(C) include equipment on hand for the Governor of each State, key emergency response officials, and appropriate State or local personnel;
"(D) include contracts (including prenegotiated contracts) for rapid delivery of the most current technology available from commercial sources; and
"(E) include arrangements for training to ensure that personnel are familiar with the operation of the equipment and devices to be delivered pursuant to such contracts.
"(3)
"(4)
"(d)
"(e)
"(1)
"(2)
"(f)
"(h)[(g)]
"(i)[(h)]
"(j)[(i)]
"(1)
"(2)
"SEC. 3007. NYC 9/11 DIGITAL TRANSITION.
"(a)
"(b)
"(c)
"(1)
"(2)
"SEC. 3008. LOW-POWER TELEVISION AND TRANSLATOR DIGITAL-TO-ANALOG CONVERSION.
"(a)
"(1)
"(2)
"(b)
"(c)
"(1) that is itself broadcasting exclusively in analog format; and
"(2) that has not purchased a digital-to-analog conversion device prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005 [Feb. 8, 2006].
"SEC. 3009. LOW-POWER TELEVISION AND TRANSLATOR UPGRADE PROGRAM.
"(a)
"(b)
"(1) that is itself broadcasting exclusively in analog format; and
"(2) that has not converted from analog to digital operations prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005 [Feb. 8, 2006].
"SEC. 3010. NATIONAL ALERT AND TSUNAMI WARNING PROGRAM.
"The Assistant Secretary shall make payments of not to exceed $156,000,000, in the aggregate, during the fiscal year 2007 through 2012 period from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (
"SEC. 3011. ENHANCE 911.
"(a)
"(b)
"SEC. 3012. ESSENTIAL AIR SERVICE PROGRAM.
"(a)
"(b)
"(1) appropriated for that fiscal year; or
"(2) derived from fees collected pursuant to
"(c)
"SEC. 3013. SUPPLEMENTAL LICENSE FEES.
"In addition to any fees assessed under the Communications Act of 1934 (
[
Findings
"(1) Circumstances in the telecommunications market have changed dramatically since the auctioning of spectrum in the 700 megahertz band was originally mandated by Congress in 1997, raising serious questions as to whether the original deadlines, or the subsequent revision of the deadlines, are consistent with sound telecommunications policy and spectrum management principles.
"(2) No comprehensive plan yet exists for allocating additional spectrum for third-generation wireless and other advanced communications services. The Federal Communications Commission should have the flexibility to auction frequencies in the 700 megahertz band for such purposes.
"(3) The study being conducted by the National Telecommunications and Information Administration in consultation with the Department of Defense to determine whether the Department of Defense can share or relinquish additional spectrum for third generation wireless and other advanced communications services will not be completed until after the June 19th auction date for the upper 700 megahertz band, and long after the applications must be filed to participate in the auction, thereby creating further uncertainty as to whether the frequencies in the 700 megahertz band will be put to their highest and best use for the benefit of consumers.
"(4) The Federal Communications Commission is also in the process of determining how to resolve the interference problems that exist in the 800 megahertz band, especially for public safety. One option being considered for the 800 megahertz band would involve the 700 megahertz band. The Commission should not hold the 700 megahertz auction before the 800 megahertz interference issues are resolved or a tenable plan has been conceived.
"(5) The 700 megahertz band is currently occupied by television broadcasters, and will be so until the transfer to digital television is completed. This situation creates a tremendous amount of uncertainty concerning when the spectrum will be available and reduces the value placed on the spectrum by potential bidders. The encumbrance of the 700 megahertz band reduces both the amount of money that the auction would be likely to produce and the probability that the spectrum would be purchased by the entities that valued the spectrum the most and would put the spectrum to its most productive use.
"(6) The Commission's rules governing voluntary mechanisms for vacating the 700 megahertz band by broadcast stations—
"(A) produced no certainty that the band would be available for advanced mobile communications services, public safety operations, or other wireless services any earlier than the existing statutory framework provides; and
"(B) should advance the transition of digital television and must not result in the unjust enrichment of any incumbent licensee."
Compliance With Auction Authority
Preservation of Broadcaster Obligations
Deadline for Collection
Administrative Procedures for Spectrum Auctions
Deadlines for Commission Action Regarding Competitive Bidding
"(1)
"(2)
"(A) within 180 days after such date of enactment, issue a final report and order (i) in the matter entitled 'Redevelopment of Spectrum to Encourage Innovation in the Use of New Telecommunications Technologies' (ET Docket No. 92–9); and (ii) in the matter entitled 'Amendment of the Commission's Rules to Establish New Personal Communications Services' (GEN Docket No. 90–314; ET Docket No. 92–100); and
"(B) within 270 days after such date of enactment, commence issuing licenses and permits in the personal communications service."
Special Rule Regarding Subsection (i) Licenses and Permits
Authority To Use the System of Random Selection With Respect to Applications for Initial Licenses and Construction Permits
"(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."
§309a. Reports related to spectrum auctions
(a) Omitted
(b) Auction expenditure justification report
Not later than April 1, 2019, and annually thereafter, the Commission shall provide to the appropriate committees of Congress a report containing a detailed justification for the use of proceeds retained by the Commission under
(c) Definition
For purposes of this section, the term "appropriate committees of Congress" means—
(1) the Committee on Commerce, Science, and Transportation of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Energy and Commerce of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(
Editorial Notes
Codification
Section is comprised of section 512 of div. P of
§310. License ownership restrictions
(a) Grant to or holding by foreign government or representative
The station license required under this chapter shall not be granted to or held by any foreign government or the representative thereof.
(b) Grant to or holding by alien or representative, foreign corporation, etc.
No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by—
(1) any alien or the representative of any alien;
(2) any corporation organized under the laws of any foreign government;
(3) any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country;
(4) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license.
(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
(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
(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.
(June 19, 1934, ch. 652, title III, §310,
Editorial Notes
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,
Codification
In subsec. (c), "subchapter II of
Amendments
1996—Subsec. (b)(3).
Subsec. (b)(4).
1990—Subsec. (c).
1983—Subsec. (e).
1974—Subsec. (a).
Subsecs. (b) to (d).
1971—Subsec. (a).
1964—Subsec. (a).
1958—Subsec. (a).
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
§311. Requirements as to certain applications in broadcasting service
(a) Notices of filing and hearing; form and contents
When there is filed with the Commission any application to which
(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
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) 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.
(June 19, 1934, ch. 652, title III, §311,
Editorial Notes
Amendments
1982—Subsec. (c)(3).
Subsec. (d)(1).
Subsec. (d)(3)(B).
1981—Subsec. (d).
1960—
1952—Act July 16, 1952, omitted provisions relating to monopoly.
§312. Administrative sanctions
(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
(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
(7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy.
(b) Cease and desist orders
Where any person (1) has failed to operate substantially as set forth in a license, (2) has violated or failed to observe any of the provisions of this chapter, or
(c) Order to show cause
Before revoking a license or permit pursuant to subsection (a), or issuing a cease and desist order pursuant to subsection (b), 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
(f) "Willful" and "repeated" defined
For purposes of this section:
(1) The term "willful", when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States.
(2) The term "repeated", when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.
(g) Limitation on silent station authorizations
If a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary, except that the Commission may extend or reinstate such station license if the holder of the station license prevails in an administrative or judicial appeal, the applicable law changes, or for any other reason to promote equity and fairness. Any broadcast license revoked or terminated in Alaska in a proceeding related to broadcasting via translator, microwave, or other alternative signal delivery is reinstated.
(June 19, 1934, ch. 652, title III, §312,
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(4), (b), and (f)(1), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Codification
In subsec. (e), "
Amendments
2004—Subsec. (g).
2000—Subsec. (a)(7).
1996—Subsec. (g).
1982—Subsec. (f).
1972—Subsec. (a)(7).
1960—Subsecs. (a), (b).
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.
Statutory Notes and Related Subsidiaries
Repeals
Repeal of title I of
Declination of Political Advertising by Educational Broadcast Stations
§312a. Revocation of operator's license used in unlawful distribution of controlled substances
The Federal Communications Commission may revoke any private operator's license issued to any person under the Communications Act of 1934 (
(
Editorial Notes
References in Text
The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652,
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.
§313. Application of antitrust laws to manufacture, sale, and trade in radio apparatus
(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.
(June 19, 1934, ch. 652, title III, §313,
Editorial Notes
Amendments
1960—
Executive Documents
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, §1, eff. May 24, 1950, 15 F.R. 3175,
§314. Competition in commerce; preservation
After the effective date of this chapter no person engaged directly, or indirectly through any person directly or indirectly controlling or controlled by, or under direct or indirect common control with, such person, or through an agent, or otherwise, in the business of transmitting and/or receiving for hire energy, communications, or signals by radio in accordance with the terms of the license issued under this chapter, shall by purchase, lease, construction, or otherwise, directly or indirectly, acquire, own, control, or operate any cable or wire telegraph or telephone line or system between any place in any State, Territory, or possession of the United States or in the District of Columbia, and any place in any foreign country, or shall acquire, own, or control any part of the stock or other capital share or any interest in the physical property and/or other assets of any such cable, wire, telegraph, or telephone line or system, if in either case the purpose is and/or the effect thereof may be to substantially lessen competition or to restrain commerce between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any foreign country, or unlawfully to create monopoly in any line of commerce; nor shall any person engaged directly, or indirectly through any person directly or indirectly controlling or controlled by, or under direct or indirect common control with, such person, or through an agent, or otherwise, in the business of transmitting and/or receiving for hire messages by any cable, wire, telegraph, or telephone line or system (a) between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any other State, Territory, or possession of the United States; or (b) between any place in any State, Territory, or possession of the United States, or the District of Columbia, and any place in any foreign country, by purchase, lease, construction, or otherwise, directly or indirectly acquire, own, control, or operate any station or the apparatus therein, or any system for transmitting and/or receiving radio communications or signals between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any foreign country, or shall acquire, own, or control any part of the stock or other capital share or any interest in the physical property and/or other assets of any such radio station, apparatus, or system, if in either case the purpose is and/or the effect thereof may be to substantially lessen competition or to restrain commerce between any place in any State, Territory, or possession of the United States, or in the District of Columbia, and any place in any foreign country, or unlawfully to create monopoly in any line of commerce.
(June 19, 1934, ch. 652, title III, §314,
Editorial Notes
References in Text
For effective date of this chapter, see
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
§315. Candidates for public office
(a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities
If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any—
(1) bona fide newscast,
(2) bona fide news interview,
(3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or
(4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto),
shall not be deemed to be use of a broadcasting station within the meaning of this subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the obligation imposed upon them under this chapter to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance.
(b) Charges
(1) In general
The charges made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his campaign for nomination for election, or election, to such office shall not exceed—
(A) subject to paragraph (2), during the forty-five days preceding the date of a primary or primary runoff election and during the sixty days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period; and
(B) at any other time, the charges made for comparable use of such station by other users thereof.
(2) Content of broadcasts
(A) In general
In the case of a candidate for Federal office, such candidate shall not be entitled to receive the rate under paragraph (1)(A) for the use of any broadcasting station unless the candidate provides written certification to the broadcast station that the candidate (and any authorized committee of the candidate) shall not make any direct reference to another candidate for the same office, in any broadcast using the rights and conditions of access under this chapter, unless such reference meets the requirements of subparagraph (C) or (D).
(B) Limitation on charges
If a candidate for Federal office (or any authorized committee of such candidate) makes a reference described in subparagraph (A) in any broadcast that does not meet the requirements of subparagraph (C) or (D), such candidate shall not be entitled to receive the rate under paragraph (1)(A) for such broadcast or any other broadcast during any portion of the 45-day and 60-day periods described in paragraph (1)(A), that occur on or after the date of such broadcast, for election to such office.
(C) Television broadcasts
A candidate meets the requirements of this subparagraph if, in the case of a television broadcast, at the end of such broadcast there appears simultaneously, for a period no less than 4 seconds—
(i) a clearly identifiable photographic or similar image of the candidate; and
(ii) a clearly readable printed statement, identifying the candidate and stating that the candidate has approved the broadcast and that the candidate's authorized committee paid for the broadcast.
(D) Radio broadcasts
A candidate meets the requirements of this subparagraph if, in the case of a radio broadcast, the broadcast includes a personal audio statement by the candidate that identifies the candidate, the office the candidate is seeking, and indicates that the candidate has approved the broadcast.
(E) Certification
Certifications under this section shall be provided and certified as accurate by the candidate (or any authorized committee of the candidate) at the time of purchase.
(F) Definitions
For purposes of this paragraph, the terms "authorized committee" and "Federal office" have the meanings given such terms by
(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.
(e) Political record
(1) In general
A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that—
(A) is made by or on behalf of a legally qualified candidate for public office; or
(B) communicates a message relating to any political matter of national importance, including—
(i) a legally qualified candidate;
(ii) any election to Federal office; or
(iii) a national legislative issue of public importance.
(2) Contents of record
A record maintained under paragraph (1) shall contain information regarding—
(A) whether the request to purchase broadcast time is accepted or rejected by the licensee;
(B) the rate charged for the broadcast time;
(C) the date and time on which the communication is aired;
(D) the class of time that is purchased;
(E) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable);
(F) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and
(G) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person.
(3) Time to maintain file
The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.
(June 19, 1934, ch. 652, title III, §315,
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b)(2)(A), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
2002—Subsec. (b).
Subsec. (e).
1974—Subsec. (c).
Subsec. (d).
Subsecs. (e) to (g).
1972—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (g).
1959—Subsec. (a).
1952—Act July 16, 1952, designated existing provisions as subsecs. (a) and (c) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Repeals
Repeal of title I of
Reexamination of 1959 Amendment; Declaration of Congressional Intent
"(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
§316. Modification by Commission of station licenses or construction permits; burden of proof
(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
(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), such burdens shall be as determined by the Commission.
(June 19, 1934, ch. 652, title III, §316, as added July 16, 1952, ch. 879, §12,
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Prior Provisions
A prior section 316 of act June 19, 1934, related to lotteries and similar devices, prior to repeal by act June 25, 1948, ch. 645, §21,
Amendments
1983—Subsec. (a).
Subsec. (b).
§317. Announcement of payment for broadcast
(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
(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.
(June 19, 1934, ch. 652, title III, §317,
Editorial Notes
Amendments
1980—Subsec. (b).
1960—
§318. Transmitting apparatus; operator's license
The actual operation of all transmitting apparatus in any radio station for which a station license is required by this chapter shall be carried on only by a person holding an operator's license issued hereunder, and no person shall operate any such apparatus in such station except under and in accordance with an operator's license issued to him by the Commission: Provided, however, That the Commission if it shall find that the public interest, convenience, or necessity will be served thereby may waive or modify the foregoing provisions of this section for the operation of any station except (1) stations for which licensed operators are required by international agreement, (2) stations for which licensed operators are required for safety purposes, and (3) stations operated as common carriers on frequencies below thirty thousand kilocycles: Provided further, That the Commission shall have power to make special regulations governing the granting of licenses for the use of automatic radio devices and for the operation of such devices.
(June 19, 1934, ch. 652, title III, §318,
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
1994—
1992—
1976—
1960—
1937—Act Mar. 29, 1937, inserted provisos.
§319. Construction permits
(a) Requirements
No license shall be issued under the authority of this chapter for the operation of any station unless a permit for its construction has been granted by the Commission. The application for a construction permit shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and the financial, technical, and other ability of the applicant to construct and operate the station, the ownership and location of the proposed station and of the station or stations with which it is proposed to communicate, the frequencies desired to be used, the hours of the day or other periods of time during which it is proposed to operate the station, the purpose for which the station is to be used, the type of transmitting apparatus to be used, the power to be used, the date upon which the station is expected to be completed and in operation, and such other information as the Commission may require. Such application shall be signed by the applicant in any manner or form, including by electronic means, as the Commission may prescribe by regulation.
(b) Time limitation; forfeiture
Such permit for construction shall show specifically the earliest and latest dates between which the actual operation of such station is expected to begin, and shall provide that said permit will be automatically forfeited if the station is not ready for operation within the time specified or within such further time as the Commission may allow, unless prevented by causes not under the control of the grantee.
(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, except that the Commission may by regulation determine that a permit shall not be required for minor changes in the facilities of authorized broadcast stations. With respect to any other station or class of stations, the Commission shall not waive the requirement for a construction permit unless the Commission determines that the public interest, convenience, and necessity would be served by such a waiver.
(June 19, 1934, ch. 652, title III, §319,
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
1996—Subsec. (d).
1992—Subsec. (a).
1982—Subsec. (a).
Subsec. (d).
1962—Subsec. (a).
1960—Subsec. (c).
Subsec. (d).
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, §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, §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, §13(d), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1960 Amendment
Amendment by
§320. Stations liable to interfere with distress signals; designation and regulation
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.
(June 19, 1934, ch. 652, title III, §320,
§321. Distress signals and communications; equipment on vessels; regulations
(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.
(June 19, 1934, ch. 652, title III, §321,
Editorial Notes
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.
§322. Exchanging radio communications between land and ship stations and from ship to ship
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.
(June 19, 1934, ch. 652, title III, §322,
Editorial Notes
Amendments
1937—Act May 20, 1937, provided for radio communications with aircraft stations.
§323. Interference between Government and commercial stations
(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.
(June 19, 1934, ch. 652, title III, §323,
§324. Use of minimum power
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.
(June 19, 1934, ch. 652, title III, §324,
§325. False, fraudulent, or unauthorized transmissions
(a) False distress signals; rebroadcasting programs
No person within the jurisdiction of the United States shall knowingly utter or transmit, or cause to be uttered or transmitted, any false or fraudulent signal of distress, or communication relating thereto, nor shall any broadcasting station rebroadcast the program or any part thereof of another broadcasting station without the express authority of the originating station.
(b) Consent to retransmission of broadcasting station signals
(1) No cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except—
(A) with the express authority of the originating station;
(B) under
(C) under
(2) This subsection shall not apply—
(A) to retransmission of the signal of a noncommercial television broadcast station;
(B) to retransmission of the signal of a television broadcast station outside the station's local market by a satellite carrier directly to its subscribers, if—
(i) such station was a superstation on May 1, 1991;
(ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of
(iii) the satellite carrier complies with any network nonduplication, syndicated exclusivity, and sports blackout rules adopted by the Commission under
(C) to retransmission of the signals of network stations directly to a home satellite antenna under the statutory license of
(D) to retransmission by a cable operator or other multichannel video provider, other than a satellite carrier, of the signal of a television broadcast station outside the station's local market if such signal was obtained from a satellite carrier and—
(i) the originating station was a superstation on May 1, 1991; and
(ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of
(E) during the 6-month period beginning on November 29, 1999, to the retransmission of the signal of a television broadcast station within the station's local market by a satellite carrier directly to its subscribers under the statutory license of
For purposes of this paragraph, the terms "satellite carrier" and "superstation" have the meanings given those terms, respectively, in
(3)(A) Within 45 days after October 5, 1992, the Commission shall commence a rulemaking proceeding to establish regulations to govern the exercise by television broadcast stations of the right to grant retransmission consent under this subsection and of the right to signal carriage under
(B) The regulations required by subparagraph (A) shall require that television stations, within one year after October 5, 1992, and every three years thereafter, make an election between the right to grant retransmission consent under this subsection and the right to signal carriage under
(C) The Commission shall commence a rulemaking proceeding to revise the regulations governing the exercise by television broadcast stations of the right to grant retransmission consent under this subsection, and such other regulations as are necessary to administer the limitations contained in paragraph (2). Such regulations shall—
(i) establish election time periods that correspond with those regulations adopted under subparagraph (B) of this paragraph;
(ii) prohibit a television broadcast station that provides retransmission consent from engaging in exclusive contracts for carriage or failing to negotiate in good faith, and it shall not be a failure to negotiate in good faith if the television broadcast station enters into retransmission consent agreements containing different terms and conditions, including price terms, with different multichannel video programming distributors if such different terms and conditions are based on competitive marketplace considerations;
(iii) prohibit a multichannel video programming distributor from failing to negotiate in good faith for retransmission consent under this section, and it shall not be a failure to negotiate in good faith if the distributor enters into retransmission consent agreements containing different terms and conditions, including price terms, with different broadcast stations if such different terms and conditions are based on competitive marketplace considerations;
(iv) prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station in the same local market to grant retransmission consent under this section to a multichannel video programming distributor, unless such stations are directly or indirectly under common de jure control permitted under the regulations of the Commission;
(v) prohibit a television broadcast station from limiting the ability of a multichannel video programming distributor to carry into the local market of such station a television signal that has been deemed significantly viewed, within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation, or any other television broadcast signal such distributor is authorized to carry under
(vi) not later than 90 days after December 20, 2019, specify that—
(I) a multichannel video programming distributor may satisfy its obligation to negotiate in good faith under clause (iii) with respect to a negotiation for retransmission consent under this section with a large station group by designating a qualified MVPD buying group to negotiate on its behalf, so long as the qualified MVPD buying group itself negotiates in good faith in accordance with such clause;
(II) it is a violation of the obligation to negotiate in good faith under clause (iii) for the qualified MVPD buying group to disclose the prices, terms, or conditions of an ongoing negotiation or the final terms of a negotiation to a member of the qualified MVPD buying group that is not intending, or is unlikely, to enter into the final terms negotiated by the qualified MVPD buying group; and
(III) a large station group has an obligation to negotiate in good faith under clause (ii) with respect to a negotiation for retransmission consent under this section with a qualified MVPD buying group.
(4) If an originating television station elects under paragraph (3)(B) to exercise its right to grant retransmission consent under this subsection with respect to a cable system, the provisions of
(5) The exercise by a television broadcast station of the right to grant retransmission consent under this subsection shall not interfere with or supersede the rights under
(6) Nothing in this section shall be construed as modifying the compulsory copyright license established in
(7) For purposes of this subsection, the term—
(A) "network station" has the meaning given such term under
(B) "television broadcast station" means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station;
(C) "qualified MVPD buying group" means an entity that, with respect to a negotiation with a large station group for retransmission consent under this section—
(i) negotiates on behalf of two or more multichannel video programming distributors—
(I) none of which is a multichannel video programming distributor that serves more than 500,000 subscribers nationally; and
(II) that do not collectively serve more than 25 percent of all households served by a multichannel video programming distributor in any single local market in which the applicable large station group operates; and
(ii) negotiates agreements for such retransmission consent—
(I) that contain standardized contract provisions, including billing structures and technical quality standards, for each multichannel video programming distributor on behalf of which the entity negotiates; and
(II) under which the entity assumes liability to remit to the applicable large station group all fees received from the multichannel video programming distributors on behalf of which the entity negotiates;
(D) "large station group" means a group of television broadcast stations that—
(i) are directly or indirectly under common de jure control permitted by the regulations of the Commission;
(ii) generally negotiate agreements for retransmission consent under this section as a single entity; and
(iii) include only television broadcast stations that have a national audience reach of more than 20 percent;
(E) "local market" has the meaning given such term in
(F) "multichannel video programming distributor" has the meaning given such term in
(c) 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.
(d) Application for permit
Such application shall contain such information as the Commission may by regulation prescribe, and the granting or refusal thereof shall be subject to the requirements of
(e) Enforcement proceedings against satellite carriers concerning retransmissions of television broadcast stations in the respective local markets of such carriers
(1) Complaints by television broadcast stations
If after the expiration of the 6-month period described under subsection (b)(2)(E) a television broadcast station believes that a satellite carrier has retransmitted its signal to any person in the local market of such station in violation of subsection (b)(1), the station may file with the Commission a complaint providing—
(A) the name, address, and call letters of the station;
(B) the name and address of the satellite carrier;
(C) the dates on which the alleged retransmission occurred;
(D) the street address of at least one person in the local market of the station to whom the alleged retransmission was made;
(E) a statement that the retransmission was not expressly authorized by the television broadcast station; and
(F) the name and address of counsel for the station.
(2) Service of complaints on satellite carriers
For purposes of any proceeding under this subsection, any satellite carrier that retransmits the signal of any broadcast station shall be deemed to designate the Secretary of the Commission as its agent for service of process. A television broadcast station may serve a satellite carrier with a complaint concerning an alleged violation of subsection (b)(1) through retransmission of a station within the local market of such station by filing the original and two copies of the complaint with the Secretary of the Commission and serving a copy of the complaint on the satellite carrier by means of two commonly used overnight delivery services, each addressed to the chief executive officer of the satellite carrier at its principal place of business, and each marked "URGENT LITIGATION MATTER" on the outer packaging. Service shall be deemed complete one business day after a copy of the complaint is provided to the delivery services for overnight delivery. On receipt of a complaint filed by a television broadcast station under this subsection, the Secretary of the Commission shall send the original complaint by United States mail, postage prepaid, receipt requested, addressed to the chief executive officer of the satellite carrier at its principal place of business.
(3) Answers by satellite carriers
Within five business days after the date of service, the satellite carrier shall file an answer with the Commission and shall serve the answer by a commonly used overnight delivery service and by United States mail, on the counsel designated in the complaint at the address listed for such counsel in the complaint.
(4) Defenses
(A) Exclusive defenses
The defenses under this paragraph are the exclusive defenses available to a satellite carrier against which a complaint under this subsection is filed.
(B) Defenses
The defenses referred to under subparagraph (A) are the defenses that—
(i) the satellite carrier did not retransmit the television broadcast station to any person in the local market of the station during the time period specified in the complaint;
(ii) the television broadcast station had, in a writing signed by an officer of the television broadcast station, expressly authorized the retransmission of the station by the satellite carrier to each person in the local market of the television broadcast station to which the satellite carrier made such retransmissions for the entire time period during which it is alleged that a violation of subsection (b)(1) has occurred;
(iii) the retransmission was made after January 1, 2002, and the television broadcast station had elected to assert the right to carriage under
(iv) the station being retransmitted is a noncommercial television broadcast station.
(5) Counting of violations
The retransmission without consent of a particular television broadcast station on a particular day to one or more persons in the local market of the station shall be considered a separate violation of subsection (b)(1).
(6) Burden of proof
With respect to each alleged violation, the burden of proof shall be on a television broadcast station to establish that the satellite carrier retransmitted the station to at least one person in the local market of the station on the day in question. The burden of proof shall be on the satellite carrier with respect to all defenses other than the defense under paragraph (4)(B)(i).
(7) Procedures
(A) Regulations
Within 60 days after November 29, 1999, the Commission shall issue procedural regulations implementing this subsection which shall supersede procedures under
(B) Determinations
(i) In general
Within 45 days after the filing of a complaint, the Commission shall issue a final determination in any proceeding brought under this subsection. The Commission's final determination shall specify the number of violations committed by the satellite carrier. The Commission shall hear witnesses only if it clearly appears, based on written filings by the parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may issue a final ruling based on written filings by the parties.
(ii) Discovery
The Commission may direct the parties to exchange pertinent documents, and if necessary to take prehearing depositions, on such schedule as the Commission may approve, but only if the Commission first determines that such discovery is necessary to resolve a genuine dispute about material facts, consistent with the obligation to make a final determination within 45 days.
(8) Relief
If the Commission determines that a satellite carrier has retransmitted the television broadcast station to at least one person in the local market of such station and has failed to meet its burden of proving one of the defenses under paragraph (4) with respect to such retransmission, the Commission shall be required to—
(A) make a finding that the satellite carrier violated subsection (b)(1) with respect to that station; and
(B) issue an order, within 45 days after the filing of the complaint, containing—
(i) a cease-and-desist order directing the satellite carrier immediately to stop making any further retransmissions of the television broadcast station to any person within the local market of such station until such time as the Commission determines that the satellite carrier is in compliance with subsection (b)(1) with respect to such station;
(ii) if the satellite carrier is found to have violated subsection (b)(1) with respect to more than two television broadcast stations, a cease-and-desist order directing the satellite carrier to stop making any further retransmission of any television broadcast station to any person within the local market of such station, until such time as the Commission, after giving notice to the station, that the satellite carrier is in compliance with subsection (b)(1) with respect to such stations; and
(iii) an award to the complainant of that complainant's costs and reasonable attorney's fees.
(9) Court proceedings on enforcement of Commission order
(A) In general
On entry by the Commission of a final order granting relief under this subsection—
(i) a television broadcast station may apply within 30 days after such entry to the United States District Court for the Eastern District of Virginia for a final judgment enforcing all relief granted by the Commission; and
(ii) the satellite carrier may apply within 30 days after such entry to the United States District Court for the Eastern District of Virginia for a judgment reversing the Commission's order.
(B) Appeal
The procedure for an appeal under this paragraph by the satellite carrier shall supersede any other appeal rights under Federal or State law. A United States district court shall be deemed to have personal jurisdiction over the satellite carrier if the carrier, or a company under common control with the satellite carrier, has delivered television programming by satellite to more than 30 customers in that district during the preceding 4-year period. If the United States District Court for the Eastern District of Virginia does not have personal jurisdiction over the satellite carrier, an enforcement action or appeal shall be brought in the United States District Court for the District of Columbia, which may find personal jurisdiction based on the satellite carrier's ownership of licenses issued by the Commission. An application by a television broadcast station for an order enforcing any cease-and-desist relief granted by the Commission shall be resolved on a highly expedited schedule. No discovery may be conducted by the parties in any such proceeding. The district court shall enforce the Commission order unless the Commission record reflects manifest error and an abuse of discretion by the Commission.
(10) Civil action for statutory damages
Within 6 months after issuance of an order by the Commission under this subsection, a television broadcast station may file a civil action in any United States district court that has personal jurisdiction over the satellite carrier for an award of statutory damages for any violation that the Commission has determined to have been committed by a satellite carrier under this subsection. Such action shall not be subject to transfer under
(11) Appeals
(A) In general
The nonprevailing party before a United States district court may appeal a decision under this subsection to the United States Court of Appeals with jurisdiction over that district court. The Court of Appeals shall not issue any stay of the effectiveness of any decision granting relief against a satellite carrier unless the carrier presents clear and convincing evidence that it is highly likely to prevail on appeal and only after posting a bond for the full amount of any monetary award assessed against it and for such further amount as the Court of Appeals may believe appropriate.
(B) Appeal
If the Commission denies relief in response to a complaint filed by a television broadcast station under this subsection, the television broadcast station filing the complaint may file an appeal with the United States Court of Appeals for the District of Columbia Circuit.
(12) Sunset
No complaint or civil action may be filed under this subsection after December 31, 2001. This subsection shall continue to apply to any complaint or civil action filed on or before such date.
(June 19, 1934, ch. 652, title III, §325,
Editorial Notes
Amendments
2019—Subsec. (b)(2).
Subsec. (b)(2)(C).
"(i) is located in an area outside the local market of such stations; and
"(ii) resides in an unserved household;".
Subsec. (b)(3)(C)(ii), (iii).
Subsec. (b)(3)(C)(iv), (v).
Subsec. (b)(3)(C)(vi).
Subsec. (b)(7)(C) to (F).
2014—Subsec. (b)(2)(C).
Subsec. (b)(3)(C)(ii).
Subsec. (b)(3)(C)(iii).
Subsec. (b)(3)(C)(iv).
Subsec. (b)(3)(C)(v).
Subsec. (b)(7).
2010—Subsec. (b)(2)(C).
Subsec. (b)(3)(C)(ii), (iii).
2009—Subsec. (b)(2)(C).
Subsec. (b)(3)(C)(ii), (iii).
2004—Subsec. (b)(2)(C).
Subsec. (b)(3)(C).
Subsec. (b)(3)(C)(ii).
Subsec. (b)(3)(C)(iii).
1999—Subsec. (b)(1), (2).
"(1) Following the date that is one year after October 5, 1992, no cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except—
"(A) with the express authority of the originating station; or
"(B) pursuant to
"(2) The provisions of this subsection shall not apply to—
"(A) retransmission of the signal of a noncommercial broadcasting station;
"(B) retransmission directly to a home satellite antenna of the signal of a broadcasting station that is not owned or operated by, or affiliated with, a broadcasting network, if such signal was retransmitted by a satellite carrier on May 1, 1991;
"(C) retransmission of the signal of a broadcasting station that is owned or operated by, or affiliated with, a broadcasting network directly to a home satellite antenna, if the household receiving the signal is an unserved household; or
"(D) retransmission by a cable operator or other multichannel video programming distributor of the signal of a superstation if such signal was obtained from a satellite carrier and the originating station was a superstation on May 1, 1991.
For purposes of this paragraph, the terms 'satellite carrier', 'superstation', and 'unserved household' have the meanings given those terms, respectively, in
Subsec. (b)(3)(C).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(7).
Subsec. (e).
1992—Subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Effective Date of 2010 Amendment
Amendment by
Effective Date of 1992 Amendment
Regulations
Savings Clause Regarding Definitions
"(1) the meaning of the terms 'program related' and 'primary video' under the Communications Act of 1934 [
"(2) the meaning of the term 'multicast' in any regulations issued by the Federal Communications Commission."
Severability
Good Faith
Digital Transition Savings Provision
"(1) to impair the authority of the Federal Communications Commission to take any action with respect to the transition by television broadcasters to the digital television service; or
"(2) to require the Commission to take any such action."
§326. Censorship
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.
(June 19, 1934, ch. 652, title III, §326,
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
1948—Act June 25, 1948, repealed last sentence relating to use of indecent language. See
Statutory Notes and Related Subsidiaries
Effective Date of 1948 Amendment
Amendment by act June 25, 1948, effective as of Sept. 1, 1948, see section 20 of that act.
§327. Naval stations; use for commercial messages; rates
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.
(June 19, 1934, ch. 652, title III, §327,
Editorial Notes
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,
§328. Repealed. Pub. L. 103–414, title III, §304(a)(10), Oct. 25, 1994, 108 Stat. 4297
Section, act June 19, 1934, ch. 652, title III, §328,
§329. Administration of radio laws in Territories and possessions
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.
(June 19, 1934, ch. 652, title III, §329,
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
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.
§330. Prohibition against shipment of certain television receivers
(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
(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) and (z) 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 or capability designed to display closed captioned video programming, the transmission and delivery of video description services, and the conveyance of emergency information as required by
(c)(1) Except as provided in paragraph (2), no person shall ship in interstate commerce or manufacture in the United States any apparatus described in
(2) This subsection shall not apply to carriers transporting apparatus referred to in paragraph (1) without trading in it.
(3) The rules prescribed by the Commission under this subsection shall provide for the oversight by the Commission of the adoption of standards by industry for blocking technology. Such rules shall require that all such apparatus be able to receive the rating signals which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and blocking specifications established by industry under the supervision of the Commission.
(4) As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that blocking service continues to be available to consumers. If the Commission determines that an alternative blocking technology exists that—
(A) enables parents to block programming based on identifying programs without ratings,
(B) is available to consumers at a cost which is comparable to the cost of technology that allows parents to block programming based on common ratings, and
(C) will allow parents to block a broad range of programs on a multichannel system as effectively and as easily as technology that allows parents to block programming based on common ratings,
the Commission shall amend the rules prescribed pursuant to
(d) For the purposes of this section, and
(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.
(June 19, 1934, ch. 652, title III, §330, as added
Editorial Notes
References in Text
For definition of Canal Zone, referred to in subsec. (d)(2), see
Amendments
2010—Subsec. (b).
1996—Subsec. (c).
Subsec. (d).
1990—Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§331. Very high frequency stations and AM radio stations
(a) Very high frequency stations
It shall be the policy of the Federal Communications Commission to allocate channels for very high frequency commercial television broadcasting in a manner which ensures that not less than one such channel shall be allocated to each State, if technically feasible. In any case in which licensee of a very high frequency commercial television broadcast station notifies the Commission to the effect that such licensee will agree to the reallocation of its channel to a community within a State in which there is allocated no very high frequency commercial television broadcast channel at the time 1 such notification, the Commission shall, notwithstanding any other provision of law, order such reallocation and issue a license to such licensee for that purpose pursuant to such notification for a term of not to exceed 5 years as provided in section 307(d) 2 of this title.
(b) AM radio stations
It shall be the policy of the Commission, in any case in which the licensee of an existing AM daytime-only station located in a community with a population of more than 100,000 persons that lacks a local full-time aural station licensed to that community and that is located within a Class I station primary service area notifies the Commission that such licensee seeks to provide full-time service, to ensure that such a licensee is able to place a principal community contour signal over its entire community of license 24 hours a day, if technically feasible.
(June 19, 1934, ch. 652, title III, §331, as added
Editorial Notes
References in Text
Subsec. (d) of
Codification
Another section 331 of act June 19, 1934 was renumbered section 332 and is classified to
Prior Provisions
A prior section 331, act June 19, 1934, ch. 652, title III, §331, as added Sept. 14, 1973,
Amendments
2018—Subsec. (b).
1994—
1991—
1 So in original. Probably should be followed by "of".
2 See References in Text note below.
§332. Mobile services
(a) Factors which Commission must consider
In taking actions to manage the spectrum to be made available for use by the private mobile services, the Commission shall consider, consistent with
(1) promote the safety of life and property;
(2) improve the efficiency of spectrum use and reduce the regulatory burden upon spectrum users, based upon sound engineering principles, user operational requirements, and marketplace demands;
(3) encourage competition and provide services to the largest feasible number of users; or
(4) increase interservice sharing opportunities between private mobile services and other services.
(b) Advisory coordinating committees
(1) The Commission, in coordinating the assignment of frequencies to stations in the private mobile services and in the fixed services (as defined by the Commission by rule), shall have authority to utilize assistance furnished by advisory coordinating committees consisting of individuals who are not officers or employees of the Federal Government.
(2) The authority of the Commission established in this subsection shall not be subject to or affected by the provisions of part III of title 5 or
(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
(c) Regulatory treatment of mobile services
(1) Common carrier treatment of commercial mobile services
(A) A person engaged in the provision of a service that is a commercial mobile service shall, insofar as such person is so engaged, be treated as a common carrier for purposes of this chapter, except for such provisions of subchapter II as the Commission may specify by regulation as inapplicable to that service or person. In prescribing or amending any such regulation, the Commission may not specify any provision of
(i) enforcement of such provision is not necessary in order to ensure that the charges, practices, classifications, or regulations for or in connection with that service are just and reasonable and are not unjustly or unreasonably discriminatory;
(ii) enforcement of such provision is not necessary for the protection of consumers; and
(iii) specifying such provision is consistent with the public interest.
(B) Upon reasonable request of any person providing commercial mobile service, the Commission shall order a common carrier to establish physical connections with such service pursuant to the provisions of
(C) As a part of making a determination with respect to the public interest under subparagraph (A)(iii), the Commission shall consider whether the proposed regulation (or amendment thereof) will promote competitive market conditions, including the extent to which such regulation (or amendment) will enhance competition among providers of commercial mobile services. If the Commission determines that such regulation (or amendment) will promote competition among providers of commercial mobile services, such determination may be the basis for a Commission finding that such regulation (or amendment) is in the public interest.
(D) The Commission shall, not later than 180 days after August 10, 1993, complete a rulemaking required to implement this paragraph with respect to the licensing of personal communications services, including making any determinations required by subparagraph (C).
(2) Non-common carrier treatment of private mobile services
A person engaged in the provision of a service that is a private mobile service shall not, insofar as such person is so engaged, be treated as a common carrier for any purpose under this chapter. A common carrier (other than a person that was treated as a provider of a private land mobile service prior to August 10, 1993) shall not provide any dispatch service on any frequency allocated for common carrier service, except to the extent such dispatch service is provided on stations licensed in the domestic public land mobile radio service before January 1, 1982. The Commission may by regulation terminate, in whole or in part, the prohibition contained in the preceding sentence if the Commission determines that such termination will serve the public interest.
(3) State preemption
(A) Notwithstanding
(i) market conditions with respect to such services fail to protect subscribers adequately from unjust and unreasonable rates or rates that are unjustly or unreasonably discriminatory; or
(ii) such market conditions exist and such service is a replacement for land line telephone exchange service for a substantial portion of the telephone land line exchange service within such State.
The Commission shall provide reasonable opportunity for public comment in response to such petition, and shall, within 9 months after the date of its submission, grant or deny such petition. If the Commission grants such petition, the Commission shall authorize the State to exercise under State law such authority over rates, for such periods of time, as the Commission deems necessary to ensure that such rates are just and reasonable and not unjustly or unreasonably discriminatory.
(B) If a State has in effect on June 1, 1993, any regulation concerning the rates for any commercial mobile service offered in such State on such date, such State may, no later than 1 year after August 10, 1993, petition the Commission requesting that the State be authorized to continue exercising authority over such rates. If a State files such a petition, the State's existing regulation shall, notwithstanding subparagraph (A), remain in effect until the Commission completes all action (including any reconsideration) on such petition. The Commission shall review such petition in accordance with the procedures established in such subparagraph, shall complete all action (including any reconsideration) within 12 months after such petition is filed, and shall grant such petition if the State satisfies the showing required under subparagraph (A)(i) or (A)(ii). If the Commission grants such petition, the Commission shall authorize the State to exercise under State law such authority over rates, for such period of time, as the Commission deems necessary to ensure that such rates are just and reasonable and not unjustly or unreasonably discriminatory. After a reasonable period of time, as determined by the Commission, has elapsed from the issuance of an order under subparagraph (A) or this subparagraph, any interested party may petition the Commission for an order that the exercise of authority by a State pursuant to such subparagraph is no longer necessary to ensure that the rates for commercial mobile services are just and reasonable and not unjustly or unreasonably discriminatory. The Commission shall provide reasonable opportunity for public comment in response to such petition, and shall, within 9 months after the date of its submission, grant or deny such petition in whole or in part.
(4) Regulatory treatment of communications satellite corporation
Nothing in this subsection shall be construed to alter or affect the regulatory treatment required by title IV of the Communications Satellite Act of 1962 [
(5) Space segment capacity
Nothing in this section shall prohibit the Commission from continuing to determine whether the provision of space segment capacity by satellite systems to providers of commercial mobile services shall be treated as common carriage.
(6) Foreign ownership
The Commission, upon a petition for waiver filed within 6 months after August 10, 1993, may waive the application of
(A) The extent of foreign ownership interest shall not be increased above the extent which existed on May 24, 1993.
(B) Such waiver shall not permit the subsequent transfer of ownership to any other person in violation of
(7) Preservation of local zoning authority
(A) General authority
Except as provided in this paragraph, nothing in this chapter shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.
(B) Limitations
(i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof—
(I) shall not unreasonably discriminate among providers of functionally equivalent services; and
(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services.
(ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request.
(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.
(iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions.
(v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief.
(C) Definitions
For purposes of this paragraph—
(i) the term "personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services;
(ii) the term "personal wireless service facilities" means facilities for the provision of personal wireless services; and
(iii) the term "unlicensed wireless service" means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined in
(8) Mobile services access
A person engaged in the provision of commercial mobile services, insofar as such person is so engaged, shall not be required to provide equal access to common carriers for the provision of telephone toll services. If the Commission determines that subscribers to such services are denied access to the provider of telephone toll services of the subscribers' choice, and that such denial is contrary to the public interest, convenience, and necessity, then the Commission shall prescribe regulations to afford subscribers unblocked access to the provider of telephone toll services of the subscribers' choice through the use of a carrier identification code assigned to such provider or other mechanism. The requirements for unblocking shall not apply to mobile satellite services unless the Commission finds it to be in the public interest to apply such requirements to such services.
(d) Definitions
For purposes of this section—
(1) the term "commercial mobile service" means any mobile service (as defined in
(2) the term "interconnected service" means service that is interconnected with the public switched network (as such terms are defined by regulation by the Commission) or service for which a request for interconnection is pending pursuant to subsection (c)(1)(B); and
(3) the term "private mobile service" means any mobile service (as defined in
(June 19, 1934, ch. 652, title III, §332, formerly §331, as added
Editorial Notes
References in Text
Provisions of part III of title 5, referred to in subsec. (b)(2), are classified to
This chapter, referred to in subsec. (c), was in the original "this Act", meaning act June 19, 1934, ch. 652,
The Communications Satellite Act of 1962, referred to in subsec. (c)(4), is
The Omnibus Budget Reconciliation Act of 1993, referred to in subsec. (c)(6), is
Codification
In subsec. (b)(2), "
Amendments
2022—Subsec. (b)(4).
2018—Subsec. (c)(1)(C).
1996—Subsec. (c)(7).
Subsec. (c)(8).
Subsec. (d)(1), (3).
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
"(1)
"(2)
"(A) section 332(c)(3)(A) of the Communications Act of 1934 [subsec. (c)(3)(A) of this section], as amended by such subsection, shall take effect 1 year after such date of enactment; and
"(B) any private land mobile service provided by any person before such date of enactment, and any paging service utilizing frequencies allocated as of January 1, 1993, for private land mobile services, shall, except for purposes of section 332(c)(6) of such Act [subsec. (c)(6) of this section], be treated as a private mobile service until 3 years after such date of enactment."
Availability of Property
Transitional Rulemaking for Mobile Service Providers
"(A) shall issue such modifications or terminations of the regulations applicable (before the date of enactment of this Act) to private land mobile services as are necessary to implement the amendments made by subsection (b)(2) [amending this section and
"(B) in the regulations that will, after such date of enactment, apply to a service that was a private land mobile service and that becomes a commercial mobile service (as a consequence of such amendments), shall make such other modifications or terminations as may be necessary and practical to assure that licensees in such service are subjected to technical requirements that are comparable to the technical requirements that apply to licensees that are providers of substantially similar common carrier services;
"(C) shall issue such other regulations as are necessary to implement the amendments made by subsection (b)(2); and
"(D) shall include, in such regulations, modifications, and terminations, such provisions as are necessary to provide for an orderly transition."
§333. Willful or malicious interference
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.
(June 19, 1934, ch. 652, title III, §333, as added
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
§334. Limitation on revision of equal employment opportunity regulations
(a) Limitation
Except as specifically provided in this section, the Commission shall not revise—
(1) the regulations concerning equal employment opportunity as in effect on September 1, 1992 (47 C.F.R. 73.2080) as such regulations apply to television broadcast station licensees and permittees; or
(2) the forms used by such licensees and permittees to report pertinent employment data to the Commission.
(b) Midterm review
The Commission shall revise the regulations described in subsection (a) to require a midterm review of television broadcast station licensees' employment practices and to require the Commission to inform such licensees of necessary improvements in recruitment practices identified as a consequence of such review.
(c) Authority to make technical revisions
The Commission may revise the regulations described in subsection (a) to make nonsubstantive technical or clerical revisions in such regulations as necessary to reflect changes in technology, terminology, or Commission organization.
(June 19, 1934, ch. 652, title III, §334, as added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 60 days after Oct. 5, 1992, see section 28 of
§335. Direct broadcast satellite service obligations
(a) Proceeding required to review DBS responsibilities
The Commission shall, within 180 days after October 5, 1992, initiate a rulemaking proceeding to impose, on providers of direct broadcast satellite service, public interest or other requirements for providing video programming. Any regulations prescribed pursuant to such rulemaking shall, at a minimum, apply the access to broadcast time requirement of
(b) Carriage obligations for noncommercial, educational, State public affairs, and informational programming
(1) Channel capacity required
(A) In general
Except as provided in subparagraph (B), the Commission shall require, as a condition of any provision, initial authorization, or authorization renewal for a provider of direct broadcast satellite service providing video programming, that the provider of such service reserve a portion of its channel capacity, equal to not less than 4 percent nor more than 7 percent, exclusively for noncommercial programming of an educational or informational nature.
(B) Requirement for qualified satellite provider
The Commission shall require, as a condition of any provision, initial authorization, or authorization renewal for a qualified satellite provider of direct broadcast satellite service providing video programming, that such provider reserve a portion of its channel capacity, equal to not less than 3.5 percent nor more than 7 percent, exclusively for noncommercial programming of an educational or informational nature.
(2) Use of unused channel capacity
A provider of such service may utilize for any purpose any unused channel capacity required to be reserved under this subsection pending the actual use of such channel capacity for noncommercial programming of an educational or informational nature.
(3) Prices, terms, and conditions; editorial control
A provider of direct broadcast satellite service shall meet the requirements of this subsection by making channel capacity available to national educational programming suppliers, upon reasonable prices, terms, and conditions, as determined by the Commission under paragraph (4). The provider of direct broadcast satellite service shall not exercise any editorial control over any video programming provided pursuant to this subsection.
(4) Limitations
In determining reasonable prices under paragraph (3)—
(A) the Commission shall take into account the nonprofit character of the programming provider and any Federal funds used to support such programming;
(B) the Commission shall not permit such prices to exceed, for any channel made available under this subsection, 50 percent of the total direct costs of making such channel available; and
(C) in the calculation of total direct costs, the Commission shall exclude—
(i) marketing costs, general administrative costs, and similar overhead costs of the provider of direct broadcast satellite service; and
(ii) the revenue that such provider might have obtained by making such channel available to a commercial provider of video programming.
(5) Definitions
For purposes of this subsection:
(A) The term "provider of direct broadcast satellite service" means—
(i) a licensee for a Ku-band satellite system under part 100 of title 47 of the Code of Federal Regulations; or
(ii) any distributor who controls a minimum number of channels (as specified by Commission regulation) using a Ku-band fixed service satellite system for the provision of video programming directly to the home and licensed under part 25 of title 47 of the Code of Federal Regulations.
(B) The term "national educational programming supplier" includes any qualified noncommercial educational television station, other public telecommunications entities, and public or private educational institutions.
(C) The term "qualified satellite provider" means any provider of direct broadcast satellite service that—
(i) provides the retransmission of the State public affairs networks of at least 15 different States;
(ii) offers the programming of State public affairs networks upon reasonable prices, terms, and conditions as determined by the Commission under paragraph (4); and
(iii) does not delete any noncommercial programming of an educational or informational nature in connection with the carriage of a State public affairs network.
(D) The term "State public affairs network" means a non-commercial non-broadcast network or a noncommercial educational television station—
(i) whose programming consists of information about State government deliberations and public policy events; and
(ii) that is operated by—
(I) a State government or subdivision thereof;
(II) an organization described in
(III) a cable system.
(June 19, 1934, ch. 652, title III, §335, as added
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
2010—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(5).
Subsec. (b)(5)(C), (D).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date
Section effective 60 days after Oct. 5, 1992, see section 28 of
§336. Broadcast spectrum flexibility
(a) Commission action
If the Commission determines to issue additional licenses for advanced television services, the Commission—
(1) should limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a television broadcast station or hold a permit to construct such a station (or both); and
(2) shall adopt regulations that allow the holders of such licenses to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity.
(b) Contents of regulations
In prescribing the regulations required by subsection (a), the Commission shall—
(1) only permit such licensee or permittee to offer ancillary or supplementary services if the use of a designated frequency for such services is consistent with the technology or method designated by the Commission for the provision of advanced television services;
(2) limit the broadcasting of ancillary or supplementary services on designated frequencies so as to avoid derogation of any advanced television services, including high definition television broadcasts, that the Commission may require using such frequencies;
(3) apply to any other ancillary or supplementary service such of the Commission's regulations as are applicable to the offering of analogous services by any other person, except that no ancillary or supplementary service shall have any rights to carriage under
(4) adopt such technical and other requirements as may be necessary or appropriate to assure the quality of the signal used to provide advanced television services, and may adopt regulations that stipulate the minimum number of hours per day that such signal must be transmitted; and
(5) prescribe such other regulations as may be necessary for the protection of the public interest, convenience, and necessity.
(c) Recovery of license
If the Commission grants a license for advanced television services to a person that, as of the date of such issuance, is licensed to operate a television broadcast station or holds a permit to construct such a station (or both), the Commission shall, as a condition of such license, require that either the additional license or the original license held by the licensee be surrendered to the Commission for reallocation or reassignment (or both) pursuant to Commission regulation.
(d) Public interest requirement
Nothing in this section shall be construed as relieving a television broadcasting station from its obligation to serve the public interest, convenience, and necessity. In the Commission's review of any application for renewal of a broadcast license for a television station that provides ancillary or supplementary services, the television licensee shall establish that all of its program services on the existing or advanced television spectrum are in the public interest. Any violation of the Commission rules applicable to ancillary or supplementary services shall reflect upon the licensee's qualifications for renewal of its license.
(e) Fees
(1) Services to which fees apply
If the regulations prescribed pursuant to subsection (a) permit a licensee to offer ancillary or supplementary services on a designated frequency—
(A) for which the payment of a subscription fee is required in order to receive such services, or
(B) for which the licensee directly or indirectly receives compensation from a third party in return for transmitting material furnished by such third party (other than commercial advertisements used to support broadcasting for which a subscription fee is not required),
the Commission shall establish a program to assess and collect from the licensee for such designated frequency an annual fee or other schedule or method of payment that promotes the objectives described in subparagraphs (A) and (B) of paragraph (2).
(2) Collection of fees
The program required by paragraph (1) shall—
(A) be designed (i) to recover for the public a portion of the value of the public spectrum resource made available for such commercial use, and (ii) to avoid unjust enrichment through the method employed to permit such uses of that resource;
(B) recover for the public an amount that, to the extent feasible, equals but does not exceed (over the term of the license) the amount that would have been recovered had such services been licensed pursuant to the provisions of
(C) be adjusted by the Commission from time to time in order to continue to comply with the requirements of this paragraph.
(3) Treatment of revenues
(A) General rule
Except as provided in subparagraph (B), all proceeds obtained pursuant to the regulations required by this subsection shall be deposited in the Treasury in accordance with
(B) Retention of revenues
Notwithstanding subparagraph (A), the salaries and expenses account of the Commission shall retain as an offsetting collection such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this section and regulating and supervising advanced television services. Such offsetting collections shall be available for obligation subject to the terms and conditions of the receiving appropriations account, and shall be deposited in such accounts on a quarterly basis.
(4) Report
The Commission shall annually advise the Congress on the amounts collected pursuant to the program required by this subsection.
(f) Preservation of low-power community television broadcasting
(1) Creation of class A licenses
(A) Rulemaking required
Within 120 days after November 29, 1999, the Commission shall prescribe regulations to establish a class A television license to be available to licensees of qualifying low-power television stations. Such regulations shall provide that—
(i) the license shall be subject to the same license terms and renewal standards as the licenses for full-power television stations except as provided in this subsection; and
(ii) each such class A licensee shall be accorded primary status as a television broadcaster as long as the station continues to meet the requirements for a qualifying low-power station in paragraph (2).
(B) Notice to and certification by licensees
Within 30 days after November 29, 1999, the Commission shall send a notice to the licensees of all low-power television licenses that describes the requirements for class A designation. Within 60 days after November 29, 1999, licensees intending to seek class A designation shall submit to the Commission a certification of eligibility based on the qualification requirements of this subsection. Absent a material deficiency, the Commission shall grant certification of eligibility to apply for class A status.
(C) Application for and award of licenses
Consistent with the requirements set forth in paragraph (2)(A) of this subsection, a licensee may submit an application for class A designation under this paragraph within 30 days after final regulations are adopted under subparagraph (A) of this paragraph. Except as provided in paragraphs (6) and (7), the Commission shall, within 30 days after receipt of an application of a licensee of a qualifying low-power television station that is acceptable for filing, award such a class A television station license to such licensee.
(D) Resolution of technical problems
The Commission shall act to preserve the service areas of low-power television licensees pending the final resolution of a class A application. If, after granting certification of eligibility for a class A license, technical problems arise requiring an engineering solution to a full-power station's allotted parameters or channel assignment in the digital television Table of Allotments, the Commission shall make such modifications as necessary—
(i) to ensure replication of the full-power digital television applicant's service area, as provided for in sections 73.622 and 73.623 of the Commission's regulations (47 CFR 73.622, 73.623); and
(ii) to permit maximization of a full-power digital television applicant's service area consistent with such sections 73.622 and 73.623,
if such applicant has filed an application for maximization or a notice of its intent to seek such maximization by December 31, 1999, and filed a bona fide application for maximization by May 1, 2000. Any such applicant shall comply with all applicable Commission rules regarding the construction of digital television facilities.
(E) Change applications
If a station that is awarded a construction permit to maximize or significantly enhance its digital television service area, later files a change application to reduce its digital television service area, the protected contour of that station shall be reduced in accordance with such change modification.
(2) Qualifying low-power television stations
For purposes of this subsection, a station is a qualifying low-power television station if—
(A)(i) during the 90 days preceding November 29, 1999—
(I) such station broadcast a minimum of 18 hours per day;
(II) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station, or the market area served by a group of commonly controlled low-power stations that carry common local programming produced within the market area served by such group; and
(III) such station was in compliance with the Commission's requirements applicable to low-power television stations; and
(ii) from and after the date of its application for a class A license, the station is in compliance with the Commission's operating rules for full-power television stations; or
(B) the Commission determines that the public interest, convenience, and necessity would be served by treating the station as a qualifying low-power television station for purposes of this section, or for other reasons determined by the Commission.
(3) Common ownership
No low-power television station authorized as of November 29, 1999, shall be disqualified for a class A license based on common ownership with any other medium of mass communication.
(4) Issuance of licenses for advanced television services to television translator stations and qualifying low-power television stations
The Commission is not required to issue any additional license for advanced television services to the licensee of a class A television station under this subsection, or to any licensee of any television translator station, but shall accept a license application for such services proposing facilities that will not cause interference to the service area of any other broadcast facility applied for, protected, permitted, or authorized on the date of filing of the advanced television application. Such new license or the original license of the applicant shall be forfeited after the end of the digital television service transition period, as determined by the Commission. A licensee of a low-power television station or television translator station may, at the option of licensee, elect to convert to the provision of advanced television services on its analog channel, but shall not be required to convert to digital operation until the end of such transition period.
(5) No preemption of section 337
Nothing in this subsection preempts or otherwise affects
(6) Interim qualification
(A) Stations operating within certain bandwidth
The Commission may not grant a class A license to a low-power television station for operation between 698 and 806 megahertz, but the Commission shall provide to low-power television stations assigned to and temporarily operating in that bandwidth the opportunity to meet the qualification requirements for a class A license. If such a qualified applicant for a class A license is assigned a channel within the core spectrum (as such term is defined in MM Docket No. 87–286, February 17, 1998), the Commission shall issue a class A license simultaneously with the assignment of such channel.
(B) Certain channels off-limits
The Commission may not grant under this subsection a class A license to a low-power television station operating on a channel within the core spectrum that includes any of the 175 additional channels referenced in paragraph 45 of its February 23, 1998, Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order (MM Docket No. 87–268). Within 18 months after November 29, 1999, the Commission shall identify by channel, location, and applicable technical parameters those 175 channels.
(7) No interference requirement
The Commission may not grant a class A license, nor approve a modification of a class A license, unless the applicant or licensee shows that the class A station for which the license or modification is sought will not cause—
(A) interference within—
(i) the predicted Grade B contour (as of the date of the enactment of the Community Broadcasters Protection Act of 1999 [November 29, 1999], or November 1, 1999, whichever is later, or as proposed in a change application filed on or before such date) of any television station transmitting in analog format; or
(ii)(I) the digital television service areas provided in the DTV Table of Allotments; (II) the areas protected in the Commission's digital television regulations (47 CFR 73.622(e) and (f)); (III) the digital television service areas of stations subsequently granted by the Commission prior to the filing of a class A application; and (IV) stations seeking to maximize power under the Commission's rules, if such station has complied with the notification requirements in paragraph (1)(D);
(B) interference within the protected contour of any low-power television station or low-power television translator station that—
(i) was licensed prior to the date on which the application for a class A license, or for the modification of such a license, was filed;
(ii) was authorized by construction permit prior to such date; or
(iii) had a pending application that was submitted prior to such date; or
(C) interference within the protected contour of 80 miles from the geographic center of the areas listed in section 22.625(b)(1) or 90.303 of the Commission's regulations (47 CFR 22.625(b)(1) and 90.303) for frequencies in—
(i) the 470–512 megahertz band identified in section 22.621 or 90.303 of such regulations; or
(ii) the 482–488 megahertz band in New York.
(8) Priority for displaced low-power stations
Low-power stations that are displaced by an application filed under this section shall have priority over other low-power stations in the assignment of available channels.
(g) Evaluation
Within 10 years after the date the Commission first issues additional licenses for advanced television services, the Commission shall conduct an evaluation of the advanced television services program. Such evaluation shall include—
(1) an assessment of the willingness of consumers to purchase the television receivers necessary to receive broadcasts of advanced television services;
(2) an assessment of alternative uses, including public safety use, of the frequencies used for such broadcasts; and
(3) the extent to which the Commission has been or will be able to reduce the amount of spectrum assigned to licensees.
(h) Provision of digital data service by low-power television stations
(1) Within 60 days after receiving a request (made in such form and manner and containing such information as the Commission may require) under this subsection from a low-power television station to which this subsection applies, the Commission shall authorize the licensee or permittee of that station to provide digital data service subject to the requirements of this subsection as a pilot project to demonstrate the feasibility of using low-power television stations to provide high-speed wireless digital data service, including Internet access to unserved areas.
(2) The low-power television stations to which this subsection applies are as follows:
(A) KHLM–LP, Houston, Texas.
(B) WTAM–LP, Tampa, Florida.
(C) WWRJ–LP, Jacksonville, Florida.
(D) WVBG–LP, Albany, New York.
(E) KHHI–LP, Honolulu, Hawaii.
(F) KPHE–LP (K19DD), Phoenix, Arizona.
(G) K34FI, Bozeman, Montana.
(H) K65GZ, Bozeman, Montana.
(I) WXOB–LP, Richmond, Virginia.
(J) WIIW–LP, Nashville, Tennessee.
(K) A station and repeaters to be determined by the Federal Communications Commission for the sole purpose of providing service to communities in the Kenai Peninsula Borough and Matanuska Susitna Borough.
(L) WSPY–LP, Plano, Illinois.
(M) W24AJ, Aurora, Illinois.
(3) Notwithstanding any requirement of
(A) requirements as to the form, manner, and information required for submitting requests to the Commission to provide digital data service as a pilot project;
(B) procedures for testing interference to digital television receivers caused by any pilot project station or remote transmitter;
(C) procedures for terminating any pilot project station or remote transmitter or both that causes interference to any analog or digital full-power television stations, class A television station, television translators or any other users of the core television band;
(D) specifications for reports to be filed quarterly by each low power television licensee participating in a pilot project;
(E) procedures by which a low power television licensee participating in a pilot project shall notify television broadcast stations in the same market upon commencement of digital data services and for ongoing coordination with local broadcasters during the test period; and
(F) procedures for the receipt and review of interference complaints on an expedited basis consistent with paragraph (5)(D).
(4) A low-power television station to which this subsection applies may not provide digital data service unless—
(A) the provision of that service, including any remote return-path transmission in the case of 2-way digital data service, does not cause any interference in violation of the Commission's existing rules, regarding interference caused by low power television stations to full-service analog or digital television stations, class A television stations, or television translator stations; and
(B) the station complies with the Commission's regulations governing safety, environmental, and sound engineering practices, and any other Commission regulation under paragraph (3) governing pilot program operations.
(5)(A) The Commission may limit the provision of digital data service by a low-power television station to which this subsection applies if the Commission finds that—
(i) the provision of 2-way digital data service by that station causes any interference that cannot otherwise be remedied; or
(ii) the provision of 1-way digital data service by that station causes any interference.
(B) The Commission shall grant any such station, upon application (made in such form and manner and containing such information as the Commission may require) by the licensee or permittee of that station, authority to move the station to another location, to modify its facilities to operate on a different channel, or to use booster or auxiliary transmitting locations, if the grant of authority will not cause interference to the allowable or protected service areas of full service digital television stations, National Television Standards Committee assignments, or television translator stations, and provided, however, no such authority shall be granted unless it is consistent with existing Commission regulations relating to the movement, modification, and use of non-class A low power television transmission facilities in order—
(i) to operate within television channels 2 through 51, inclusive; or
(ii) to demonstrate the utility of low-power television stations to provide high-speed 2-way wireless digital data service.
(C) The Commission shall require quarterly reports from each station authorized to provide digital data services under this subsection that include—
(i) information on the station's experience with interference complaints and the resolution thereof;
(ii) information on the station's market success in providing digital data service; and
(iii) such other information as the Commission may require in order to administer this subsection.
(D) The Commission shall resolve any complaints of interference with television reception caused by any station providing digital data service authorized under this subsection within 60 days after the complaint is received by the Commission.
(6) The Commission shall assess and collect from any low-power television station authorized to provide digital data service under this subsection an annual fee or other schedule or method of payment comparable to any fee imposed under the authority of this chapter on providers of similar services. Amounts received by the Commission under this paragraph may be retained by the Commission as an offsetting collection to the extent necessary to cover the costs of developing and implementing the pilot program authorized by this subsection, and regulating and supervising the provision of digital data service by low-power television stations under this subsection. Amounts received by the Commission under this paragraph in excess of any amount retained under the preceding sentence shall be deposited in the Treasury in accordance with
(7) In this subsection, the term "digital data service" includes—
(A) digitally-based interactive broadcast service; and
(B) wireless Internet access, without regard to—
(i) whether such access is—
(I) provided on a one-way or a two-way basis;
(II) portable or fixed; or
(III) connected to the Internet via a band allocated to Interactive Video and Data Service; and
(ii) the technology employed in delivering such service, including the delivery of such service via multiple transmitters at multiple locations.
(8) Nothing in this subsection limits the authority of the Commission under any other provision of law.
(i) Definitions
As used in this section:
(1) Advanced television services
The term "advanced television services" means television services provided using digital or other advanced technology as further defined in the opinion, report, and order of the Commission entitled "Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service", MM Docket 87–268, adopted September 17, 1992, and successor proceedings.
(2) Designated frequencies
The term "designated frequency" means each of the frequencies designated by the Commission for licenses for advanced television services.
(3) High definition television
The term "high definition television" refers to systems that offer approximately twice the vertical and horizontal resolution of receivers generally available on February 8, 1996, as further defined in the proceedings described in paragraph (1) of this subsection.
(June 19, 1934, ch. 652, title III, §336, as added
Editorial Notes
References in Text
The date of enactment of LPTV Digital Data Services Act, referred to in subsec. (h)(3), probably means the date of enactment of
This chapter, referred to in subsec. (h)(6), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
2018—Subsec. (e)(4).
2000—Subsecs. (h), (i).
1999—Subsecs. (f) to (h).
Statutory Notes and Related Subsidiaries
Low Power Protection
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Low Power Protection Act'.
"SEC. 2. LOW POWER TV STATIONS.
"(a)
"(1) the term 'Commission' means the Federal Communications Commission;
"(2) the term 'Designated Market Area' means—
"(A) a Designated Market Area determined by Nielsen Media Research or any successor entity; or
"(B) a Designated Market Area under a system of dividing television broadcast station licensees into local markets using a system that the Commission determines is equivalent to the system established by Nielsen Media Research; and
"(3) the term 'low power TV station' has the meaning given the term 'digital low power TV station' in section 74.701 of title 47, Code of Federal Regulations, or any successor regulation.
"(b)
"(c)
"(1)
"(2)
"(A)
"(B)
"(i) satisfies—
"(I) section 336(f)(2) of the Communications Act of 1934 (
"(II) paragraphs (b), (c), and (d) of 73.6001 of title 47, Code of Federal Regulations, or any successor regulation;
"(ii) demonstrates to the Commission that the Class A station for which the license is sought will not cause any interference described in section 336(f)(7) of the Communications Act of 1934 (
"(iii) as of the date of enactment of this Act, operates in a Designated Market Area with not more than 95,000 television households.
"(3)
"(A) be subject to the same license terms and renewal standards as a license for a full power television broadcast station, except as otherwise expressly provided in this subsection; and
"(B) require the low power TV station to remain in compliance with paragraph (2)(B) during the term of the license.
"(d)
"(1) a list of the current, as of the date on which the report is submitted, licensees that have been accorded primary status as Class A television licensees; and
"(2) of the licensees described in paragraph (1), an identification of each such licensee that has been accorded the status described in that paragraph because of the implementation of this section.
"(e)
Transition to Digital Television
"(a)
"(1) such channel can be allotted and assigned without further modification of the tables of allotments as set forth in sections 73.606 and 73.622 of the Commission's regulations (47 CFR 73.606, 73.622); and
"(2) such allotment and assignment is otherwise consistent with the Commission's rules (47 CFR part 73).
"(b)
"(1) had an application pending for an analog television station construction permit as of October 24, 1991, which application was granted after April 3, 1997; and
"(2) as of the date of enactment of this Act [June 12, 2002], is the permittee or licensee of that station.
"(c)
"(1)
"(A) shall be required to construct the digital television broadcast facility within 18 months of the date on which the Federal Communications Commission issues a construction permit therefore, and
"(B) shall be prohibited from obtaining or receiving an extension of time from the Commission beyond the construction deadline established by paragraph (1).
"(2)
"(d)
Reports on Provision of Digital Data Service by Low-Power Television Stations
Congressional Findings Regarding Low-Power Broadcasters
"(1) Since the creation of low-power television licenses by the Federal Communications Commission, a small number of license holders have operated their stations in a manner beneficial to the public good providing broadcasting to their communities that would not otherwise be available.
"(2) These low-power broadcasters have operated their stations in a manner consistent with the programming objectives and hours of operation of full-power broadcasters providing worthwhile services to their respective communities while under severe license limitations compared to their full-power counterparts.
"(3) License limitations, particularly the temporary nature of the license, have blocked many low-power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality broadcasting, programming, or improvements.
"(4) The passage of the Telecommunications Act of 1996 [
"(5) It is in the public interest to promote diversity in television programming such as that currently provided by low-power television stations to foreign-language communities."
Executive Documents
Executive Order No. 13038
Ex. Ord. No. 13038, Mar. 11, 1997, 62 F.R. 12065, as amended by Ex. Ord. No. 13062, §5, Sept. 29, 1997, 62 F.R. 51756; Ex. Ord. No. 13065, Oct. 22, 1997, 62 F.R. 55329; Ex. Ord. No. 13081, Apr. 30, 1998, 63 F.R. 24385; Ex. Ord. No. 13102, Sept. 25, 1998, 63 F.R. 52125, which established the Advisory Committee on the Public Interest Obligations of Digital Television Broadcasters, was revoked by Ex. Ord. No. 13138, §3(b), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under
1 See References in Text note below.
§337. Allocation and assignment of new public safety services licenses and commercial licenses
(a) In general
Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows:
(1) 34 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and
(2) 26 megahertz of that spectrum for commercial use to be assigned by competitive bidding pursuant to
(b) Assignment
The Commission shall commence assignment of licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998.
(c) Licensing of unused frequencies for public safety services
(1) Use of unused channels for public safety services
Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this chapter or its regulations implementing this chapter (other than its regulations regarding harmful interference) to the extent necessary to permit the use of unassigned frequencies for the provision of public safety services by such entity. An application shall be granted under this subsection if the Commission finds that—
(A) no other spectrum allocated to public safety services is immediately available to satisfy the requested public safety service use;
(B) the requested use is technically feasible without causing harmful interference to other spectrum users entitled to protection from such interference under the Commission's regulations;
(C) the use of the unassigned frequency for the provision of public safety services is consistent with other allocations for the provision of such services in the geographic area for which the application is made;
(D) the unassigned frequency was allocated for its present use not less than 2 years prior to the date on which the application is granted; and
(E) granting such application is consistent with the public interest.
(2) Applicability
Paragraph (1) shall apply to any application to provide public safety services that is pending or filed on or after August 5, 1997.
(d) Conditions on licenses
In establishing service rules with respect to licenses granted pursuant to this section, the Commission—
(1) shall establish interference limits at the boundaries of the spectrum block and service area;
(2) shall establish any additional technical restrictions necessary to protect full-service analog television service and digital television service during a transition to digital television service;
(3) may permit public safety services licensees and commercial licensees—
(A) to aggregate multiple licenses to create larger spectrum blocks and service areas; and
(B) to disaggregate or partition licenses to create smaller spectrum blocks or service areas; and
(4) shall establish rules insuring that public safety services licensees using spectrum reallocated pursuant to subsection (a)(1) shall not be subject to harmful interference from television broadcast licensees.
(e) Removal and relocation of incumbent broadcast licensees
(1) Channels 52 to 69
Any full-power television station licensee that holds a television broadcast license to operate between 698 and 806 megahertz may not operate at that frequency after June 12, 2009.
(2) Incumbent qualifying low-power stations
After making any allocation or assignment under this section, the Commission shall seek to assure, consistent with the Commission's plan for allotments for digital television service, that each qualifying low-power television station is assigned a frequency below 698 megahertz to permit the continued operation of such station.
(f) Definitions
For purposes of this section:
(1) Public safety services
The term "public safety services" means services—
(A) the sole or principal purpose of which is to protect the safety of life, health, or property;
(B) that are provided—
(i) by State or local government entities; or
(ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and
(C) that are not made commercially available to the public by the provider.
(2) Qualifying low-power television stations
A station is a qualifying low-power television station if, during the 90 days preceding August 5, 1997—
(A) such station broadcast a minimum of 18 hours per day;
(B) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station; and
(C) such station was in compliance with the requirements applicable to low-power television stations.
(June 19, 1934, ch. 652, title III, §337, as added
Editorial Notes
References in Text
This chapter, referred to in subsec. (c)(1), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
2012—Subsec. (a)(1).
Subsec. (a)(2).
2009—Subsec. (e)(1).
2006—Subsec. (e)(1).
Subsec. (e)(2).
1999—Subsec. (b).
"(1) commence assignment of the licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998; and".
Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Interference Protection
"(a)
"(1) the spacing requirements provided for analog broadcasting licensees within channels 2–51 as required by section 73.610 of the Commission's rules (and the table contained therein) (47 CFR 73.610), or
"(2) the interference standards provided for digital broadcasting licensees within channels 2–51 as required by sections 73.622 and 73.623 of such rules (47 CFR 73.622, 73.623),
if such waiver or reduction will result in any degradation in or loss of service, or an increased level of interference, to any television household except as the Commission's rules would otherwise expressly permit, exclusive of any waivers previously granted.
"(b)
Competitive Bidding Process for Commercial Licenses for Assigned Frequencies
"(a)
"[(2), (3) Repealed.
"(4)(A) To expedite the assignment by competitive bidding of the frequencies identified in section 337(a)(2) of the Communications Act of 1934 (
"(B)
"(5) Notwithstanding section 309(b) of the Communications Act of 1934 (
"(6) Notwithstanding section 309(d)(1) of the Communications Act of 1934 (
"(b)
"(A) set forth the anticipated schedule (including specific dates) for—
"(i) preparing and conducting the competitive bidding process required by subsection (a); and
"(ii) depositing the receipts of the competitive bidding process;
"(B) set forth each significant milestone in the rulemaking process with respect to the competitive bidding process; and
"(C) include an explanation of the effect of each requirement in subsection (a) on the schedule for the competitive bidding process and any post-bidding activities (including the deposit of receipts) when compared with the schedule for the competitive bidding and any post-bidding activities (including the deposit of receipts) that would otherwise have occurred under section 337(b)(2) of the Communications Act of 1934 (
"(2) Not later than 60 days after the date of the enactment of this Act [Nov. 29, 1999], the Federal Communications Commission shall submit to the appropriate congressional committees a report which shall set forth for each spectrum auction held by the Commission since January 1, 1998, information on—
"(A) the time required for each stage of preparation for the auction;
"(B) the date of the commencement and of the completion of the auction;
"(C) the time which elapsed between the date of the completion of the auction and the date of the first deposit of receipts from the auction in the Treasury; and
"(D) the amounts, summarized by month, of all subsequent deposits in a Treasury receipt account from the auction.
"(3) Not later than October 31, 2000, the Federal Communications Commission shall submit to the appropriate congressional committees a report which shall—
"(A) describe the course of the competitive bidding process required by subsection (a) through September 30, 2000, including the amount of any receipts from the competitive bidding process deposited in the Treasury as of September 30, 2000; and
"(B) if the course of the competitive bidding process has included any deviations from the schedule set forth under paragraph (1)(A), an explanation for such deviations from the schedule.
"(4) Each report required by this subsection shall be prepared by the agency concerned without influence of any other Federal department or agency.
"(5) In this subsection, the term "appropriate congressional committees" means the following:
"(A) The Committees on Appropriations, the Budget, and Commerce, Science, and Transportation of the Senate.
"(B) The Committees on Appropriations, the Budget, and Commerce of the House of Representatives.
"(c)
"(d)
§338. Carriage of local television signals by satellite carriers
(a) Carriage obligations
(1) In general
Each satellite carrier providing, under
(2) Remedies for failure to carry
In addition to the remedies available to television broadcast stations under
(3) Low power station carriage optional
No low power television station whose signals are provided under section 119(a)(14) 1 of title 17 shall be entitled to insist on carriage under this section, regardless of whether the satellite carrier provides secondary transmissions of the primary transmissions of other stations in the same local market pursuant to section 122 of such title, nor shall any such carriage be considered in connection with the requirements of subsection (c) of this section.
(4) Carriage of signals of local stations in certain markets
A satellite carrier that offers multichannel video programming distribution service in the United States to more than 5,000,000 subscribers shall (A) within 1 year after December 8, 2004, retransmit the signals originating as analog signals of each television broadcast station located in any local market within a State that is not part of the contiguous United States, and (B) within 30 months after December 8, 2004, retransmit the signals originating as digital signals of each such station. The retransmissions of such stations shall be made available to substantially all of the satellite carrier's subscribers in each station's local market, and the retransmissions of the stations in at least one market in the State shall be made available to substantially all of the satellite carrier's subscribers in areas of the State that are not within a designated market area. The cost to subscribers of such retransmissions shall not exceed the cost of retransmissions of local television stations in other States. Within 1 year after December 8, 2004, the Commission shall promulgate regulations concerning elections by television stations in such State between mandatory carriage pursuant to this section and retransmission consent pursuant to
(5) Nondiscrimination in carriage of high definition signals of noncommercial educational television stations
(A) Existing carriage of high definition signals
If, before the date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier is providing, under
(i) By December 31, 2010, in at least 50 percent of the markets in which such satellite carrier provides such secondary transmissions in high definition format.
(ii) By December 31, 2011, in every market in which such satellite carrier provides such secondary transmissions in high definition format.
(B) New initiation of service
If, on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier initiates the provision, under
(b) Good signal required
(1) Costs
A television broadcast station asserting its right to carriage under subsection (a) shall be required to bear the costs associated with delivering a good quality signal to the designated local receive facility of the satellite carrier or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market.
(2) Regulations
The regulations issued under subsection (g) shall set forth the obligations necessary to carry out this subsection.
(c) Duplication not required
(1) Commercial stations
Notwithstanding subsection (a)(1), a satellite carrier shall not be required to carry upon request the signal of any local commercial television broadcast station that substantially duplicates the signal of another local commercial television broadcast station which is secondarily transmitted by the satellite carrier within the same local market, or to carry upon request the signals of more than one local commercial television broadcast station in a single local market that is affiliated with a particular television network unless such stations are licensed to communities in different States.
(2) Noncommercial stations
The Commission shall prescribe regulations limiting the carriage requirements under subsection (a) of satellite carriers with respect to the carriage of multiple local noncommercial television broadcast stations. To the extent possible, such regulations shall provide the same degree of carriage by satellite carriers of such multiple stations as is provided by cable systems under
(d) Channel positioning
No satellite carrier shall be required to provide the signal of a local television broadcast station to subscribers in that station's local market on any particular channel number or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the local television broadcast stations to subscribers in the stations' local market on contiguous channels and provide access to such station's signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on-screen program guide, or menu.
(e) Compensation for carriage
A satellite carrier shall not accept or request monetary payment or other valuable consideration in exchange either for carriage of local television broadcast stations in fulfillment of the requirements of this section or for channel positioning rights provided to such stations under this section, except that any such station may be required to bear the costs associated with delivering a good quality signal to the local receive facility of the satellite carrier.
(f) Remedies
(1) Complaints by broadcast stations
Whenever a local television broadcast station believes that a satellite carrier has failed to meet its obligations under subsections (b) through (e) of this section, such station shall notify the carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier failed to comply with such obligations. The satellite carrier shall, within 30 days after such written notification, respond in writing to such notification and comply with such obligations or state its reasons for believing that it is in compliance with such obligations. A local television broadcast station that disputes a response by a satellite carrier that it is in compliance with such obligations may obtain review of such denial or response by filing a complaint with the Commission. Such complaint shall allege the manner in which such satellite carrier has failed to meet its obligations and the basis for such allegations.
(2) Opportunity to respond
The Commission shall afford the satellite carrier against which a complaint is filed under paragraph (1) an opportunity to present data and arguments to establish that there has been no failure to meet its obligations under this section.
(3) Remedial actions; dismissal
Within 120 days after the date a complaint is filed under paragraph (1), the Commission shall determine whether the satellite carrier has met its obligations under subsections (b) through (e). If the Commission determines that the satellite carrier has failed to meet such obligations, the Commission shall order the satellite carrier to take appropriate remedial action. If the Commission determines that the satellite carrier has fully met the requirements of such subsections, the Commission shall dismiss the complaint.
(g) Carriage of local stations on a single reception antenna
(1) Single reception antenna
Each satellite carrier that retransmits the signals of local television broadcast stations in a local market shall retransmit such stations in such market so that a subscriber may receive such stations by means of a single reception antenna and associated equipment.
(2) Additional reception antenna
If the carrier retransmits the signals of local television broadcast stations in a local market in high definition format, the carrier shall retransmit such signals in such market so that a subscriber may receive such signals by means of a single reception antenna and associated equipment, but such antenna and associated equipment may be separate from the single reception antenna and associated equipment used to comply with paragraph (1).
(h) Additional notices to subscribers, networks, and stations concerning signal carriage
(1) Notices to and elections by subscribers concerning grandfathered signals
Any carrier that provides a distant signal of a network station to a subscriber pursuant 2
(A) within 60 days after the local signal of a network station of the same television network is available pursuant to
(i) offering to substitute the local network signal for the duplicating distant network signal; and
(ii) informing the subscriber that, if the subscriber fails to respond in 60 days, the subscriber will lose the distant network signal but will be permitted to subscribe to the local network signal; and
(B) if the subscriber—
(i) elects to substitute such local network signal within such 60 days, switch such subscriber to such local network signal within 10 days after the end of such 60-day period; or
(ii) fails to respond within such 60 days, terminate the distant network signal within 10 days after the end of such 60-day period.
(2) Notice to station licensees of commencement of local-into-local service
(A) Notice required
Within 180 days after December 8, 2004, the Commission shall revise the regulations under this section relating to notice to broadcast station licensees to comply with the requirements of this paragraph.
(B) Contents of commencement notice
The notice required by such regulations shall inform each television broadcast station licensee within any local market in which a satellite carrier proposes to commence carriage of signals of stations from that market, not later than 60 days prior to the commencement of such carriage—
(i) of the carrier's intention to launch local-into-local service under this section in a local market, the identity of that local market, and the location of the carrier's proposed local receive facility for that local market;
(ii) of the right of such licensee to elect carriage under this section or grant retransmission consent under
(iii) that such licensee has 30 days from the date of the receipt of such notice to make such election; and
(iv) that failure to make such election will result in the loss of the right to demand carriage under this section for the remainder of the 3-year cycle of carriage under
(C) Transmission of notices
Such regulations shall require that each satellite carrier shall transmit the notices required by such regulation via certified mail to the address for such television station licensee listed in the consolidated database system maintained by the Commission.
(i) Privacy rights of satellite subscribers
(1) Notice
At the time of entering into an agreement to provide any satellite service or other service to a subscriber and at least once a year thereafter, a satellite carrier 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 satellite carrier;
(D) the times and place at which the subscriber may have access to such information in accordance with paragraph (5); and
(E) the limitations provided by this section with respect to the collection and disclosure of information by a satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations.
In the case of subscribers who have entered into such an agreement before the effective date of this subsection, such notice shall be provided within 180 days of such date and at least once a year thereafter.
(2) Definitions
For purposes of this subsection, other than paragraph (9)—
(A) the term "personally identifiable information" does not include any record of aggregate data which does not identify particular persons;
(B) the term "other service" includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service; and
(C) the term "satellite carrier" includes, in addition to persons within the definition of satellite carrier, any person who—
(i) is owned or controlled by, or under common ownership or control with, a satellite carrier; and
(ii) provides any wire or radio communications service.
(3) Prohibitions
(A) Consent to collection
Except as provided in subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.
(B) Exceptions
A satellite carrier may use such facilities to collect such information in order to—
(i) obtain information necessary to render a satellite service or other service provided by the satellite carrier to the subscriber; or
(ii) detect unauthorized reception of satellite communications.
(4) Disclosure
(A) Consent to disclosure
Except as provided in subparagraph (B), a satellite carrier shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or satellite carrier.
(B) Exceptions
A satellite carrier may disclose such information if the disclosure is—
(i) necessary to render, or conduct a legitimate business activity related to, a satellite service or other service provided by the satellite carrier to the subscriber;
(ii) subject to paragraph (9), 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;
(iii) a disclosure of the names and addresses of subscribers to any satellite service or other service, if—
(I) the satellite carrier has provided the subscriber the opportunity to prohibit or limit such disclosure; and
(II) the disclosure does not reveal, directly or indirectly, the—
(aa) extent of any viewing or other use by the subscriber of a satellite service or other service provided by the satellite carrier; or
(bb) the nature of any transaction made by the subscriber over any facilities used by the satellite carrier; or
(iv) to a government entity as authorized under
(5) Access by subscriber
A satellite subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a satellite carrier. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such satellite carrier. A satellite subscriber shall be provided reasonable opportunity to correct any error in such information.
(6) Destruction of information
A satellite carrier 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 paragraph (5) or pursuant to a court order.
(7) Penalties
Any person aggrieved by any act of a satellite carrier in violation of this section may bring a civil action in a United States district court. 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.
The remedy provided by this subsection shall be in addition to any other lawful remedy available to a satellite subscriber.
(8) Rule of construction
Nothing in this subchapter shall be construed to prohibit any State from enacting or enforcing laws consistent with this section for the protection of subscriber privacy.
(9) Court orders
Except as provided in paragraph (4)(B)(iv), a governmental entity may obtain personally identifiable information concerning a satellite subscriber pursuant to a court order only if, in the court proceeding relevant to such court order—
(A) 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
(B) the subject of the information is afforded the opportunity to appear and contest such entity's claim.
(j) Regulations by Commission
Within 1 year after November 29, 1999, the Commission shall issue regulations implementing this section following a rulemaking proceeding. The regulations prescribed under this section shall include requirements on satellite carriers that are comparable to the requirements on cable operators under sections 534(b)(3) and (4) and 535(g)(1) and (2) of this title.
(k) Definitions
As used in this section:
(1) Distributor
The term "distributor" means an entity which contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities.
(2) Eligible satellite carrier
The term "eligible satellite carrier" means any satellite carrier that is not a party to a carriage contract that—
(A) governs carriage of at least 30 qualified noncommercial educational television stations; and
(B) is in force and effect within 150 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010.
(3) Local receive facility
The term "local receive facility" means the reception point in each local market which a satellite carrier designates for delivery of the signal of the station for purposes of retransmission.
(4) Local market
The term "local market" has the meaning given that term under
(5) Low power television station
The term "low power television station" means a low power television station as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004. For purposes of this paragraph, the term "low power television station" includes a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.
(6) Qualified noncommercial educational television station
The term "qualified noncommercial educational television station" means any full-power television broadcast station that—
(A) under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational broadcast station and is owned and operated by a public agency, nonprofit foundation, nonprofit corporation, or nonprofit association; and
(B) has as its licensee an entity that is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in
(7) Satellite carrier
The term "satellite carrier" has the meaning given such term under
(8) Secondary transmission
The term "secondary transmission" has the meaning given such term in
(9) Subscriber
The term "subscriber" has the meaning given that term under
(10) Television broadcast station
The term "television broadcast station" has the meaning given such term in
(l) Market determinations
(1) In general
Following a written request, the Commission may, with respect to a particular commercial television broadcast station, include additional communities within its local market or exclude communities from such station's local market to better effectuate the purposes of this section.
(2) Considerations
In considering requests filed under paragraph (1), the Commission—
(A) may determine that particular communities are part of more than one local market; and
(B) shall afford particular attention to the value of localism by taking into account such factors as—
(i) whether the station, or other stations located in the same area—
(I) have been historically carried on the cable system or systems within such community; or
(II) have been historically carried on the satellite carrier or carriers serving such community;
(ii) whether the television station provides coverage or other local service to such community;
(iii) whether modifying the local market of the television station would promote consumers' access to television broadcast station signals that originate in their State of residence;
(iv) whether any other television station that is eligible to be carried by a satellite carrier in such community in fulfillment of the requirements of this section provides news coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and
(v) evidence of viewing patterns in households that subscribe and do not subscribe to the services offered by multichannel video programming distributors within the areas served by such multichannel video programming distributors in such community.
(3) Carriage of signals
(A) Carriage obligation
A market determination under this subsection shall not create additional carriage obligations for a satellite carrier if it is not technically and economically feasible for such carrier to accomplish such carriage by means of its satellites in operation at the time of the determination.
(B) Deletion of signals
A satellite carrier shall not delete from carriage the signal of a commercial television broadcast station during the pendency of any proceeding under this subsection.
(4) Determinations
Not later than 120 days after the date that a written request is filed under paragraph (1), the Commission shall grant or deny the request.
(5) No effect on eligibility to receive distant signals
No modification of a commercial television broadcast station's local market pursuant to this subsection shall have any effect on the eligibility of households in the community affected by such modification to receive distant signals pursuant to
(June 19, 1934, ch. 652, title III, §338, as added
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(2), was in the original "this Act", meaning act June 19, 1934, ch. 652,
The date of enactment of the Satellite Television Extension and Localism Act of 2010, referred to in subsecs. (a)(5) and (k)(2)(B), is the date of enactment of
For the effective date of this subsection, referred to in subsec. (i)(1), as 60 days after Dec. 8, 2004, see section 206(b) of
Amendments
2014—Subsec. (l).
2010—Subsec. (a)(3).
Subsec. (a)(5).
Subsec. (g).
Subsec. (k)(2) to (5).
Subsec. (k)(6).
Subsec. (k)(7) to (9).
Subsec. (k)(10).
2004—Subsec. (a)(1) to (3).
Subsec. (a)(4).
Subsec. (c)(1).
Subsecs. (g), (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (k)(4) to (8).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date of 2004 Amendment
Market Modification Process
"(1) who may petition to include additional communities within, or exclude communities from, a—
"(A) local market (as defined in
"(B) television market (as determined under section 614(h)(1)(C) of the Communications Act of 1934 (
"(2) the factors that the Commission takes into account when responding to a petition described in paragraph (1)."
Implementation
"(1)
"(2)
Local Network Channel Broadcast Reports
"(a)
"(1)
"(A) each local market in which it—
"(i) retransmits signals of 1 or more television broadcast stations with a community of license in that market;
"(ii) has commenced providing such signals in the preceding 1-year period; and
"(iii) has ceased to provide such signals in the preceding 1-year period; and
"(B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market.
"(2)
"(b)
"(1) the terms 'local market' and 'satellite carrier' have the meaning given such terms in section 339(d) of the Communications Act of 1934 (
"(2) the term 'television broadcast station' has the meaning given such term in section 325(b)(7) of the Communications Act of 1934 (
Application Pending Completion of Rulemakings
"(a)
"(b)
"(c)
"(1)
"(2)
Reports
"SEC. 301. DEFINITION.
"In this title [enacting provisions set out as notes under
"SEC. 305. LOCAL NETWORK CHANNEL BROADCAST REPORTS.
"(a)
"(1)
"(A) each local market in which it—
"(i) retransmits signals of 1 or more television broadcast stations with a community of license in that market;
"(ii) has commenced providing such signals in the preceding 1-year period; and
"(iii) has ceased to provide such signals in the preceding 1-year period; and
"(B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market.
"(2)
"(b) FCC
"(1)
"(A) incentives that would induce a satellite carrier to provide the signals of 1 or more television broadcast stations licensed to provide signals in local markets in which the satellite carrier does not provide such signals; and
"(B) the economic and satellite capacity conditions affecting delivery of local signals by satellite carriers to these markets.
"(2)
"(c)
"(1) the terms 'local market' and 'satellite carrier' have the meaning given such terms in section 339(d) of the Communications Act of 1934 (
"(2) the term 'television broadcast station' has the meaning given such term in section 325(b)(7) of such Act (
Rural Local Television Signals
"SEC. 2001. SHORT TITLE.
"This title may be cited as the 'Rural Local Broadcast Signal Act'.
"SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED MARKETS.
"(a)
"(b)
"(1)
"(2)
"(3)
"(c)
"(1) an analysis of the extent to which local signals are being provided by direct-to-home satellite television providers and by other multichannel video program distributors;
"(2) an enumeration of the technical, economic, and other impediments each type of multichannel video programming distributor has encountered; and
"(3) recommendations for specific measures to facilitate the provision of local signals to subscribers in unserved and underserved markets by direct-to-home satellite television providers and by other distributors of multichannel video programming service."
1 See References in Text note below.
2 So in original. Probably should be followed by "to".
§339. Carriage of distant television stations by satellite carriers
(a) Provisions relating to carriage of distant signals
(1) Carriage permitted
(A) In general
Subject to
(B) Additional service
In addition to signals provided under subparagraph (A), any satellite carrier may also provide service under the statutory license of
(2) Replacement of distant signals with local signals
Notwithstanding any other provision of paragraph (1), the following rules shall apply after December 8, 2004:
(A) Rules for grandfathered subscribers
(i) For those receiving distant signals
In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station solely by reason of section 119(e) 1 of title 17 (in this subparagraph referred to as a "distant signal"), and who, as of October 1, 2009, is receiving the distant signal of that network station, the following shall apply:
(I) In a case in which the satellite carrier makes available to the subscriber the signal of a local network station affiliated with the same television network pursuant to
(aa) if, within 60 days after receiving the notice of the satellite carrier under
(bb) only until such time as the subscriber elects to receive such local signal.
(II) Notwithstanding subclause (I), the carrier may not retransmit the distant signal to any subscriber who is eligible to receive the signal of a network station solely by reason of section 119(e) 1 of title 17, unless such carrier, within 60 days after December 8, 2004, submits to that television network the list and statement required by subparagraph (F)(i).
(ii) For those not receiving distant signals
In the case of any subscriber of a satellite carrier who is eligible to receive the distant signal of a network station solely by reason of section 119(e) 1 of title 17 and who did not receive a distant signal of a station affiliated with the same network on October 1, 2009, the carrier may not provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber.
(B) Rules for other subscribers
(i) In general
In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station under this section (in this subparagraph referred to as a "distant signal"), other than subscribers to whom subparagraph (A) applies, the following shall apply:
(I) In a case in which the satellite carrier makes available to that subscriber, on January 1, 2005, the signal of a local network station affiliated with the same television network pursuant to
(II) In a case in which the satellite carrier does not make available to that subscriber, on January 1, 2005, the signal of a local network station pursuant to
(aa) that subscriber seeks to subscribe to such distant signal before the date on which such carrier commences to carry pursuant to
(bb) the satellite carrier, within 60 days after such date, submits to each television network the list and statement required by subparagraph (F)(ii).
(ii) Special circumstances
A subscriber of a satellite carrier who was lawfully receiving the distant signal of a network station on the day before the date of enactment of the Satellite Television Extension and Localism Act of 2010 may receive both such distant signal and the local signal of a network station affiliated with the same network until such subscriber chooses to no longer receive such distant signal from such carrier, whether or not such subscriber elects to subscribe to such local signal.
(C) Future applicability
A satellite carrier may not provide a distant signal (within the meaning of subparagraph (A) or (B)) to a person who—
(i) is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment of the Satellite Television Extension and Localism Act of 2010 and, at the time such person seeks to subscribe to receive such secondary transmission, resides in a local market where the satellite carrier makes available to that person the signal of a local network station affiliated with the same television network pursuant to
(ii) lawfully subscribes to and receives a distant signal on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, and, subsequent to such subscription, the satellite carrier makes available to that subscriber the signal of a local network station affiliated with the same network as the distant signal (and the retransmission of such signal by such carrier can reach such subscriber), unless such person subscribes to the signal of the local network station within 60 days after such signal is made available.
(D) Special rules for distant signals
(i) Eligibility and signal testing
A subscriber of a satellite carrier shall be eligible to receive a distant signal of a network station affiliated with the same network under this section if, with respect to a local network station, such subscriber—
(I) is a subscriber whose household is not predicted by the model specified in subsection (c)(3) to receive the signal intensity required under section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of title 47, Code of Federal Regulations, or a successor regulation;
(II) is determined, based on a test conducted in accordance with section 73.686(d) of title 47, Code of Federal Regulations, or any successor regulation, not to be able to receive a signal that exceeds the signal intensity standard in section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of such title, or a successor regulation; or
(III) is in an unserved household, as determined under section 119(d)(10)(A) 1 of title 17.
(ii) Pre-enactment distant signal subscribers
Any eligible subscriber under this subparagraph who is a lawful subscriber to such a distant signal as of the date of enactment of the Satellite Television Extension and Localism Act of 2010 may continue to receive such distant signal.
(iii) Time-shifting prohibited
In a case in which the satellite carrier makes available to an eligible subscriber under this subparagraph the signal of a local network station pursuant to
(iv) Savings provision
Nothing in this subparagraph shall be construed to affect a satellite carrier's obligations under
(E) Authority to grant station-specific waivers
This paragraph shall not prohibit a retransmission of a distant signal of any distant network station to any subscriber to whom the signal of a local network station affiliated with the same network is available, if and to the extent that such local network station has affirmatively granted a waiver from the requirements of this paragraph to such satellite carrier with respect to retransmission of such distant network station to such subscriber.
(F) Notices to networks of distant signal subscribers
(i) Within 60 days after December 8, 2004, each satellite carrier that provides a distant signal of a network station to a subscriber pursuant to subparagraph (A) or (B)(i) of this paragraph shall submit to each network—
(I) a list, aggregated by designated market area, identifying each subscriber provided such a signal by—
(aa) name;
(bb) address (street or rural route number, city, State, and zip code); and
(cc) the distant network signal or signals received; and
(II) a statement that, to the best of the carrier's knowledge and belief after having made diligent and good faith inquiries, the subscriber is qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (A) or (B)(i) of this paragraph.
(ii) Within 60 days after the date a satellite carrier commences to carry pursuant to
(I) a list identifying each subscriber in that local market provided such a signal by—
(aa) name;
(bb) address (street or rural route number, city, State, and zip code); and
(cc) the distant network signal or signals received; and
(II) a statement that, to the best of the carrier's knowledge and belief after having made diligent and good faith inquiries, the subscriber is qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (B)(ii) of this paragraph.
(G) Other provisions not affected
This paragraph shall not affect the eligibility of a subscriber to receive secondary transmissions under
(H) Available defined
For purposes of this paragraph, a satellite carrier makes available a local signal to a subscriber or person if the satellite carrier offers that local signal to other subscribers who reside in the same zip code as that subscriber or person.
(3) Penalty for violation
Any satellite carrier that knowingly and willfully provides the signals of television stations to subscribers in violation of this subsection shall be liable for a forfeiture penalty under
(b) Extension of network nonduplication, syndicated exclusivity, and sports blackout to satellite retransmission
(1) Extension of protections
Within 45 days after November 29, 1999, the Commission shall commence a single rulemaking proceeding to establish regulations that—
(A) apply network nonduplication protection (47 CFR 76.92) syndicated exclusivity protection (47 CFR 76.151), and sports blackout protection (47 CFR 76.67) to the retransmission of the signals of nationally distributed superstations by satellite carriers to subscribers; and
(B) to the extent technically feasible and not economically prohibitive, apply sports blackout protection (47 CFR 76.67) to the retransmission of the signals of network stations by satellite carriers to subscribers.
(2) Deadline for action
The Commission shall complete all actions necessary to prescribe regulations required by this section so that the regulations shall become effective within 1 year after November 29, 1999.
(c) Eligibility for retransmission
(1) Repealed. Pub. L. 115–141, div. P, title IV, §402(i)(7), Mar. 23, 2018, 132 Stat. 1090
(2) Waivers
A subscriber who is denied the retransmission of a signal of a network station under
(3) Establishment of improved predictive model and on-location testing required
(A) Predictive model
Within 270 days after the date of the enactment of the Satellite Television Extension and Localism Act of 2010, the Commission shall develop and prescribe by rule a point-to-point predictive model for reliably and presumptively determining the ability of individual locations, through the use of an antenna, to receive signals in accordance with the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, or a successor regulation, including to account for the continuing operation of translator stations and low power television stations. In prescribing such model, the Commission shall rely on the Individual Location Longley-Rice model set forth by the Commission in CS Docket No. 98–201, as previously revised with respect to analog signals, and as recommended by the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05–182, FCC 05–199 (released December 9, 2005). The Commission shall establish procedures for the continued refinement in the application of the model by the use of additional data as it becomes available.
(B) On-location testing
The Commission shall issue an order completing its rulemaking proceeding in ET Docket No. 06–94 within 270 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. In conducting such rulemaking, the Commission shall seek ways to minimize consumer burdens associated with on-location testing.
(4) Objective verification
(A) In general
If a subscriber's request for a waiver under paragraph (2) is rejected and the subscriber submits to the subscriber's satellite carrier a request for a test verifying the subscriber's inability to receive a signal of the signal intensity referenced in clause (i) of subsection (a)(2)(D), the satellite carrier and the network station or stations asserting that the retransmission is prohibited with respect to that subscriber shall select a qualified and independent person to conduct the test referenced in such clause. Such test shall be conducted within 30 days after the date the subscriber submits a request for the test. If the written findings and conclusions of a test conducted in accordance with such clause demonstrate that the subscriber does not receive a signal that meets or exceeds the requisite signal intensity standard in such clause, the subscriber shall not be denied the retransmission of a signal of a network station under section 119(d)(10)(A) 1 of title 17.
(B) Designation of tester and allocation of costs
If the satellite carrier and the network station or stations asserting that the retransmission is prohibited are unable to agree on such a person to conduct the test, the person shall be designated by an independent and neutral entity designated by the Commission by rule. Unless the satellite carrier and the network station or stations otherwise agree, the costs of conducting the test under this paragraph shall be borne by the satellite carrier, if the station's signal meets or exceeds such requisite signal intensity standard, or by the network station, if its signal fails to meet or exceed such standard.
(C) Avoidance of undue burden
Commission regulations prescribed under this paragraph shall seek to avoid any undue burden on any party.
(D) Reduction of verification burdens
Within 1 year after December 8, 2004, the Commission shall by rule exempt from the verification requirements of subparagraph (A) any request for a test made by a subscriber to a satellite carrier to whom the retransmission of the signals of local broadcast stations is available under
(E) Exception
A satellite carrier may refuse to engage in the testing process. If the carrier does so refuse, a subscriber in a local market in which the satellite carrier does not offer the signals of local broadcast stations under
(5) Definition
Notwithstanding subsection (d)(4), for purposes of paragraphs (2) and (4) of this subsection, the term "satellite carrier" includes a distributor (as defined in
(d) Definitions
For the purposes of this section:
(1) Local market
The term "local market" has the meaning given that term under
(2) Nationally distributed superstation
The term "nationally distributed superstation" means a television broadcast station, licensed by the Commission, that—
(A) is not owned or operated by or affiliated with a television network that, as of January 1, 1995, offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States;
(B) on May 1, 1991, was retransmitted by a satellite carrier and was not a network station at that time; and
(C) was, as of July 1, 1998, retransmitted by a satellite carrier under the statutory license of
(3) Network station
The term "network station" has the meaning given such term under
(4) Satellite carrier
The term "satellite carrier" has the meaning given such term under
(5) Television network
The term "television network" means a television network in the United States which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10 or more States.
(June 19, 1934, ch. 652, title III, §339, as added
Editorial Notes
References in Text
The date of enactment of the Satellite Television Extension and Localism Act of 2010, referred to in subsecs. (a)(2)(B)(ii), (C), (D)(ii), and (c)(3), is the date of enactment of
Amendments
2018—Subsec. (c)(1).
2010—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(A)(ii).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(2)(C)(i).
Subsec. (a)(2)(C)(ii).
Subsec. (a)(2)(D).
Subsec. (a)(2)(D)(i).
Subsec. (a)(2)(D)(ii).
Subsec. (a)(2)(D)(iii).
Subsec. (a)(2)(D)(iv).
Subsec. (a)(2)(D)(v).
Subsec. (a)(2)(D)(vi).
Subsec. (a)(2)(D)(vii) to (ix).
Subsec. (a)(2)(D)(x).
Subsec. (a)(2)(D)(xi).
Subsec. (a)(2)(E).
Subsec. (c)(3).
Subsec. (c)(4)(A).
Subsec. (c)(4)(B).
Subsec. (c)(4)(E).
2004—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (c)(1).
"(A) recommend modifications to the Grade B intensity standard for analog signals set forth in section 73.683(a) of its regulations (47 CFR 73.683(a)), or recommend alternative standards or factors for purposes of determining such eligibility; and
"(B) make a further recommendation relating to an appropriate standard for digital signals."
Subsec. (c)(4)(D), (E).
2000—Subsec. (c)(5).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
1 See References in Text note below.
§340. Significantly viewed signals permitted to be carried
(a) Significantly viewed stations
In addition to the broadcast signals that subscribers may receive under section 1 338 and 339 of this title, a satellite carrier is also authorized to retransmit to a subscriber located in a community the signal of any station located outside the local market in which such subscriber is located, to the extent such signal—
(1) has, before December 8, 2004, been determined by the Federal Communications Commission to be a signal a cable operator may carry as significantly viewed in such community, except to the extent that such signal is prevented from being carried by a cable system in such community under the Commission's network nonduplication and syndicated exclusivity rules; or
(2) is, after December 8, 2004, determined by the Commission to be significantly viewed in such community in accordance with the same standards and procedures concerning shares of viewing hours and audience surveys as are applicable under the rules, regulations, and authorizations of the Commission to determining with respect to a cable system whether signals are significantly viewed in a community.
(b) Limitations
(1) Service limited to subscribers taking local-into-local service
This section shall apply only to retransmissions to subscribers of a satellite carrier who receive retransmissions of a signal from that satellite carrier pursuant to
(2) Service limitations
A satellite carrier may retransmit to a subscriber in high definition format the signal of a station determined by the Commission to be significantly viewed under subsection (a) only if such carrier also retransmits in high definition format the signal of a station located in the local market of such subscriber and affiliated with the same network whenever such format is available from such station.
(3) Limitation not applicable where no network affiliates
The limitations in paragraphs (1) and (2) shall not prohibit a retransmission under this section to a subscriber located in a local market in which there are no network stations affiliated with the same television network as the station whose signal is being retransmitted pursuant to this section.
(4) Authority to grant station-specific waivers
Paragraphs (1) and (2) shall not prohibit a retransmission of a network station to a subscriber if and to the extent that the network station in the local market in which the subscriber is located, and that is affiliated with the same television network, has privately negotiated and affirmatively granted a waiver from the requirements of paragraph 2 (1) and (2) to such satellite carrier with respect to retransmission of the significantly viewed station to such subscriber.
(c) Publication and modifications of lists; regulations
(1) In general
The Commission shall—
(A) within 60 days after December 8, 2004—
(i) publish a list of the stations that are eligible for retransmission under subsection (a)(1) and the communities in which such stations are eligible for such retransmission; and
(ii) commence a rulemaking proceeding to implement this section by publication of a notice of proposed rulemaking;
(B) adopt rules pursuant to such rulemaking within 1 year after December 8, 2004.
(2) Public availability of list
The Commission shall make readily available to the public in electronic form, on the Internet website of the Commission or other comparable facility, a list of the stations that are eligible for retransmission under subsection (a) and the communities in which such stations are eligible for such retransmission. The Commission shall update such list within 10 business days after the date on which the Commission issues an order making any modification of such stations and communities.
(3) Modifications
In addition to cable operators and television broadcast station licensees, the Commission shall permit a satellite carrier to petition for decisions and orders—
(A) by which stations may be added to those that are eligible for retransmission under subsection (a), and by which communities may be added in which such stations are eligible for such retransmission; and
(B) by which network nonduplication or syndicated exclusivity regulations are applied to the retransmission in accordance with subsection (e).
(d) Effect on other obligations and rights
(1) No effect on carriage obligations
Carriage of a signal under this section is not mandatory, and any right of a station licensee to have the signal of such station carried under
(2) Retransmission consent rights not affected
The eligibility of the signal of a station to be carried under this section does not affect any right of the licensee of such station to grant (or withhold) retransmission consent under
(e) Network nonduplication and syndicated exclusivity
(1) Not applicable except as provided by commission regulations
Signals eligible to be carried under this section are not subject to the Commission's regulations concerning network nonduplication or syndicated exclusivity unless, pursuant to regulations adopted by the Commission, the Commission determines to permit network nonduplication or syndicated exclusivity to apply within the appropriate zone of protection.
(2) Limitation
Nothing in this subsection or Commission regulations shall permit the application of network nonduplication or syndicated exclusivity regulations to the retransmission of distant signals of network stations that are carried by a satellite carrier pursuant to a statutory license under section 119(a)(2)(A) or (B) of title 17, with respect to persons who reside in unserved households, under 3 119(a)(4)(A),4 or under section 119(a)(12),4 of such title.
(f) Enforcement
(1) Orders and damages
Upon complaint, the Commission shall issue a cease and desist order to any satellite carrier found to have violated this section in carrying any television broadcast station. Such order may, if a complaining station requests damages—
(A) provide for the award of damages to a complaining station that establishes that the violation was committed in bad faith, in an amount up to $50 per subscriber, per station, per day of the violation; and
(B) provide for the award of damages to a prevailing satellite carrier if the Commission determines that the complaint was frivolous, in an amount up to $50 per subscriber alleged to be in violation, per station alleged, per day of the alleged violation.
(2) Commission decision
The Commission shall issue a final determination resolving a complaint brought under this subsection not later than 180 days after the submission of a complaint under this subsection. The Commission may hear witnesses if it clearly appears, based on written filings by the parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may issue a final ruling based on written filings by the parties.
(3) Remedies in addition
The remedies under this subsection are in addition to any remedies available under title 17.
(4) No effect on copyright proceedings
Any determination, action, or failure to act of the Commission under this subsection shall have no effect on any proceeding under title 17 and shall not be introduced in evidence in any proceeding under that title. In no instance shall a Commission enforcement proceeding under this subsection be required as a predicate to the pursuit of a remedy available under title 17.
(g) Notices concerning significantly viewed stations
Each satellite carrier that proposes to commence the retransmission of a station pursuant to this section in any local market shall—
(1) not less than 60 days before commencing such retransmission, provide a written notice to any television broadcast station in such local market of such proposal; and
(2) designate on such carrier's website all significantly viewed signals carried pursuant to
(h) Additional corresponding changes in regulations
(1) Community-by-community elections
The Commission shall, no later than October 30, 2005, revise section 76.66 of its regulations (47 CFR 76.66), concerning satellite broadcast signal carriage, to permit (at the next cycle of elections under
(A) the satellite carrier has notified the station, pursuant to paragraph (3), that it intends to carry another affiliate of the same network pursuant to this section during the relevant election period in the station's local market; or
(B) on the date notification under paragraph (3) was due, the satellite carrier was retransmitting into the station's local market pursuant to this section an affiliate of the same television network.
(2) Unified negotiations
In revising its regulations as required by paragraph (1), the Commission shall provide that any such station shall conduct a unified negotiation for the entire portion of its local market for which retransmission consent is elected.
(3) Additional provisions
The Commission shall, no later than October 30, 2005, revise its regulations to provide the following:
(A) Notifications by satellite carrier
A satellite carrier's retransmission of television broadcast stations pursuant to this section shall be subject to the following limitations:
(i) In any local market in which the satellite carrier provides service pursuant to
(I) each affiliate of the same television network that the carrier reserves the right to retransmit into that station's local market pursuant to this section during the next election cycle under such section of such regulations; and
(II) for each such affiliate, the communities into which the satellite carrier reserves the right to make such retransmissions.
(ii) In any local market in which the satellite carrier commences service pursuant to
(iii) Beginning with the 2005 election cycle, a satellite carrier may only retransmit pursuant to this section during the pertinent election period a signal—
(I) as to which it has provided the notifications set forth in clauses (i) and (ii); or
(II) that it was retransmitting into the local market under this section as of the date such notifications were due.
(B) Harmonization of elections and retransmission consent agreements
If a satellite carrier notifies a television broadcast station that it reserves the right to retransmit an affiliate of the same television network during the next election cycle pursuant to this section, the station may choose between retransmission consent and mandatory carriage for any portion of the 3-year election cycle that is not covered by an existing retransmission consent agreement.
(i) Definitions
As used in this section:
(1) Local market; satellite carrier; subscriber; television broadcast station
The terms "local market", "satellite carrier", "subscriber", and "television broadcast station" have the meanings given such terms in
(2) Network station; television network
The terms "network station" and "television network" have the meanings given such terms in
(3) Community
The term "community" means—
(A) a county or a cable community, as determined under the rules, regulations, and authorizations of the Commission applicable to determining with respect to a cable system whether signals are significantly viewed; or
(B) a satellite community, as determined under such rules, regulations, and authorizations (or revisions thereof) as the Commission may prescribe in implementing the requirements of this section.
(June 19, 1934, ch. 652, title III, §340, as added
Editorial Notes
References in Text
Section 119(a)(4)(A) and
Amendments
2010—Subsec. (b)(1), (2).
Subsec. (i)(4).
"(A) to prevent a satellite operator from using compression technology;
"(B) to require a satellite operator to use the identical bandwidth or bit rate as the local or distant broadcaster whose signal it is retransmitting;
"(C) to require a satellite operator to use the identical bandwidth or bit rate for a local network station as it does for a distant network station;
"(D) to affect a satellite operator's obligations under subsection (a)(1) of this section; or
"(E) to affect the definitions of 'program related' and 'primary video'."
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Rulemaking Required
1 So in original. Probably should be "sections".
2 So in original. Probably should be "paragraphs".
3 So in original. Probably should be followed by "section".
4 See References in Text note below.
§341. Carriage of television signals to certain subscribers
(a)(1)
(A) any television broadcast stations that are located in the State in which the county is located and that any cable operator or satellite carrier was retransmitting to subscribers in the county on January 1, 2004; or
(B) up to 2 television broadcast stations located in the State in which the county is located, if the number of television broadcast stations that the cable operator or satellite carrier is authorized to carry under paragraph (1) is less than 3.
(2)
(3)
(A) are all in a single State;
(B) on January 1, 2004, were each in designated market areas in which the majority of counties were located in another State or States; and
(C) as a group had a combined total of 41,340 television households according to the U.S. Television Household Estimates by Nielsen Media Research for 2003–2004.
(4)
(b)
(June 19, 1934, ch. 652, title III, §341, as added
§342. Process for issuing qualified carrier certification
(a) Certification
The Commission shall issue a certification for the purposes of section 119(g)(3)(A)(iii) 1 of title 17 if the Commission determines that—
(1) a satellite carrier is providing local service pursuant to the statutory license under section 122 of such title in each designated market area; and
(2) with respect to each designated market area in which such satellite carrier was not providing such local service as of the date of enactment of the Satellite Television Extension and Localism Act of 2010—
(A) the satellite carrier's satellite beams are designed, and predicted by the satellite manufacturer's pre-launch test data, to provide a good quality satellite signal to at least 90 percent of the households in each such designated market area based on the most recent census data released by the United States Census Bureau; and
(B) there is no material evidence that there has been a satellite or sub-system failure subsequent to the satellite's launch that precludes the ability of the satellite carrier to satisfy the requirements of subparagraph (A).
(b) Information required
Any entity seeking the certification provided for in subsection (a) shall submit to the Commission the following information:
(1) An affidavit stating that, to the best of the affiant's knowledge, the satellite carrier provides local service in all designated market areas pursuant to the statutory license provided for in
(2) For each designated market area not listed in paragraph (1):
(A) Identification of each such designated market area and the location of its local receive facility.
(B) Data showing the number of households, and maps showing the geographic distribution thereof, in each such designated market area based on the most recent census data released by the United States Census Bureau.
(C) Maps, with superimposed effective isotropically radiated power predictions obtained in the satellite manufacturer's pre-launch tests, showing that the contours of the carrier's satellite beams as designed and the geographic area that the carrier's satellite beams are designed to cover are predicted to provide a good quality satellite signal to at least 90 percent of the households in such designated market area based on the most recent census data released by the United States Census Bureau.
(D) For any satellite relied upon for certification under this section, an affidavit stating that, to the best of the affiant's knowledge, there have been no satellite or sub-system failures subsequent to the satellite's launch that would degrade the design performance to such a degree that a satellite transponder used to provide local service to any such designated market area is precluded from delivering a good quality satellite signal to at least 90 percent of the households in such designated market area based on the most recent census data released by the United States Census Bureau.
(E) Any additional engineering, designated market area, or other information the Commission considers necessary to determine whether the Commission shall grant a certification under this section.
(c) Certification issuance
(1) Public comment
The Commission shall provide 30 days for public comment on a request for certification under this section.
(2) Deadline for decision
The Commission shall grant or deny a request for certification within 90 days after the date on which such request is filed.
(d) Subsequent affirmation
An entity granted qualified carrier status pursuant to section 119(g) 1 of title 17 shall file an affidavit with the Commission 30 months after such status was granted stating that, to the best of the affiant's knowledge, it is in compliance with the requirements for a qualified carrier.
(e) Definitions
For the purposes of this section:
(1) Designated market area
The term "designated market area" has the meaning given such term in
(2) Good quality satellite signal
(A) In general
The term "good quality satellite signal" means—
(i) a satellite signal whose power level as designed shall achieve reception and demodulation of the signal at an availability level of at least 99.7 percent using—
(I) models of satellite antennas normally used by the satellite carrier's subscribers; and
(II) the same calculation methodology used by the satellite carrier to determine predicted signal availability in the top 100 designated market areas; and
(ii) taking into account whether a signal is in standard definition format or high definition format, compression methodology, modulation, error correction, power level, and utilization of advances in technology that do not circumvent the intent of this section to provide for non-discriminatory treatment with respect to any comparable television broadcast station signal, a video signal transmitted by a satellite carrier such that—
(I) the satellite carrier treats all television broadcast stations' signals the same with respect to statistical multiplexer prioritization; and
(II) the number of video signals in the relevant satellite transponder is not more than the then current greatest number of video signals carried on any equivalent transponder serving the top 100 designated market areas.
(B) Determination
For the purposes of subparagraph (A), the top 100 designated market areas shall be as determined by Nielsen Media Research and published in the Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication as of the date of a satellite carrier's application for certification under this section.
(June 19, 1934, ch. 652, title III, §342, as added
Editorial Notes
References in Text
The date of enactment of the Satellite Television Extension and Localism Act of 2010, referred to in subsecs. (a)(2) and (b)(1), is the date of enactment of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 27, 2010, see section 307(a) of
1 See References in Text note below.
§343. Conditions on commercial terrestrial operations
(a) In general
The Commission shall not permit commercial terrestrial operations in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band until the date that is 90 days after the Commission resolves concerns of widespread harmful interference by such operations in such band to covered GPS devices.
(b) Notice to Congress
(1) In general
At the conclusion of the decision regarding whether to permit such operations in such band, the Commission shall submit to the congressional committees described in paragraph (2) official copies of the documents containing the final decision of the Commission. If the decision is to permit such operations in such band, such documents shall contain or be accompanied by an explanation of how the concerns described in subsection (a) have been resolved.
(2) Congressional committees described
The congressional committees described in this paragraph are the following:
(A) The Committee on Energy and Commerce and the Committee on Armed Services of the House of Representatives.
(B) The Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate.
(c) Covered GPS device defined
In this section, the term "covered GPS device" means a Global Positioning System device of the Department of Defense.
(June 19, 1934, ch. 652, title III, §343, as added
§344. Repealed. Pub. L. 117–58, div. F, title VI, §60602(b), Nov. 15, 2021, 135 Stat. 1249
Section, act June 19, 1934, ch. 652, title III, §344, as added and amended
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
§345. Protection of survivors of domestic violence, human trafficking, and related crimes
(a) Definitions
In this section:
(1) Abuser
The term "abuser" means an individual who has committed or allegedly committed a covered act against—
(A) an individual who seeks relief under subsection (b); or
(B) an individual in the care of an individual who seeks relief under subsection (b).
(2) Covered act
(A) In general
The term "covered act" means conduct that constitutes—
(i) a crime described in
(ii) an act or practice described in paragraph (11) or (12) of
(iii) an act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii).
(B) Conviction not required
Nothing in subparagraph (A) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act.
(3) Covered provider
The term "covered provider" means a provider of a private mobile service or commercial mobile service, as those terms are defined in
(4) Primary account holder
The term "primary account holder" means an individual who is a party to a mobile service contract with a covered provider.
(5) Shared mobile service contract
The term "shared mobile service contract"—
(A) means a mobile service contract for an account that includes not less than 2 consumers; and
(B) does not include enterprise services offered by a covered provider.
(6) Survivor
The term "survivor" means an individual who is not less than 18 years old and—
(A) against whom a covered act has been committed or allegedly committed; or
(B) who cares for another individual against whom a covered act has been committed or allegedly committed (provided that the individual providing care did not commit or allegedly commit the covered act).
(b) Separation of lines from shared mobile service contract
(1) In general
Not later than 2 business days after receiving a completed line separation request from a survivor pursuant to subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line—
(A) separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or
(B) separate the line of the abuser from the shared mobile service contract.
(2) Limitations on penalties, fees, and other requirements
Except as provided in paragraphs (5) through (7), a covered provider may not make separation of a line from a shared mobile service contract under paragraph (1) contingent on any requirement other than the requirements under subsection (c), including—
(A) payment of a fee, penalty, or other charge;
(B) maintaining contractual or billing responsibility of a separated line with the provider;
(C) approval of separation by the primary account holder, if the primary account holder is not the survivor;
(D) a prohibition or limitation, including one described in subparagraph (A), on number portability, provided such portability is technically feasible, or a request to change phone numbers;
(E) a prohibition or limitation on the separation of lines as a result of arrears accrued by the account;
(F) an increase in the rate charged for the mobile service plan of the primary account holder with respect to service on any remaining line or lines; or
(G) any other limitation or requirement not listed under subsection (c).
(3) Rule of construction
Nothing in paragraph (2) shall be construed to require a covered provider to provide a rate plan for the primary account holder that is not otherwise commercially available.
(4) Remote option
A covered provider shall offer a survivor the ability to submit a line separation request under subsection (c) through secure remote means that are easily navigable, provided that remote options are commercially available and technically feasible.
(5) Responsibility for transferred telephone numbers
Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and use of a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless ordered otherwise by a court, the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number or numbers.
(6) Responsibility for transferred telephone numbers from a survivor's account
Notwithstanding paragraph (2), upon the transfer of a telephone number under paragraph (1)(B) in response to a line separation request submitted by a survivor under subsection (c), the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number or for any mobile device associated with the telephone number.
(7) Responsibility for mobile device
Notwithstanding paragraph (2), beginning on the date on which a covered provider transfers billing responsibilities for and rights to a telephone number or numbers to a survivor under paragraph (1)(A) in response to a line separation request submitted by the survivor under subsection (c), unless otherwise ordered by a court, the survivor shall not assume financial responsibility for any mobile device associated with the separated line, unless the survivor purchased the mobile device, or affirmatively elects to maintain possession of the mobile device.
(8) Notice to survivor
If a covered provider separates a line from a shared mobile service contract under paragraph (1) and the primary account holder is not the survivor, the covered provider shall notify the survivor of the date on which the covered provider intends to give any formal notice to the primary account holder.
(c) Line separation request
(1) In general
In the case of a survivor seeking to separate a line from a shared mobile service contract, the survivor shall submit to the covered provider a line separation request that—
(A) verifies that an individual who uses a line under the shared mobile service contract has committed or allegedly committed a covered act against the survivor or an individual in the survivor's care, by providing—
(i) a copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, or an employee of a court, acting within the scope of that person's employment; or
(ii) a copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act;
(B) in the case of relief sought under subsection (b)(1)(A), with respect to—
(i) a line used by the survivor that the survivor seeks to have separated, states that the survivor is the user of that specific line; and
(ii) a line used by an individual in the care of the survivor that the survivor seeks to have separated, includes an affidavit setting forth that the individual—
(I) is in the care of the survivor; and
(II) is the user of that specific line; and
(C) requests relief under subparagraph (A) or (B) of subsection (b)(1) and identifies each line that should be separated.
(2) Communications from covered providers
(A) In general
A covered provider shall notify a survivor seeking relief under subsection (b) in clear and accessible language that the covered provider may contact the survivor, or designated representative of the survivor, to confirm the line separation, or if the covered provider is unable to complete the line separation for any reason, pursuant to subparagraphs (B) and (C).
(B) Remote means
A covered provider shall notify a survivor under subparagraph (A) through remote means, provided that remote means are commercially available and technically feasible.
(C) Election of manner of contact
When completing a line separation request submitted by a survivor through remote means under paragraph (1), a covered provider shall allow the survivor to elect in the manner in which the covered provider may—
(i) contact the survivor, or designated representative of the survivor, in response to the request, if necessary; or
(ii) notify the survivor, or designated representative of the survivor, of the inability of the covered provider to complete the line separation.
(3) Enhanced protections under State law
This subsection shall not affect any law or regulation of a State providing communications protections for survivors (or any similar category of individuals) that has less stringent requirements for providing evidence of a covered act (or any similar category of conduct) than this subsection.
(d) Confidential and secure treatment of personal information
(1) In general
Notwithstanding
(2) Rule of construction
Nothing in paragraph (1) shall be construed to prohibit a covered provider from maintaining, for longer than the period specified in that paragraph, a record that verifies that a survivor fulfilled the conditions of a line separation request under subsection (c).
(e) Availability of information to consumers
A covered provider shall make information about the options and process described in subsections (b) and (c) readily available to consumers—
(1) on the website and the mobile application of the provider;
(2) in physical stores; and
(3) in other forms of public-facing consumer communication.
(f) Technical infeasibility
(1) In general
The requirement to effectuate a line separation request pursuant to subsection (b)(1) shall not apply to a covered provider if the covered provider cannot operationally or technically effectuate the request.
(2) Notification
If a covered provider cannot operationally or technically effectuate a line separation request as described in paragraph (1), the covered provider shall—
(A) notify the survivor who submitted the request of that infeasibility—
(i) at the time of the request; or
(ii) in the case of a survivor who has submitted the request using remote means, not later than 2 business days after receiving the request; and
(B) provide the survivor with information about other alternatives to submitting a line separation request, including starting a new line of service.
(g) Liability protection
(1) In general
A covered provider and any officer, director, employee, vendor, or agent thereof shall not be subject to liability for any claims deriving from an action taken or omission made with respect to compliance with this section and the rules adopted to implement this section.
(2) Commission authority
Nothing in this subsection shall limit the authority of the Commission to enforce this section or any rules or regulations promulgated by the Commission pursuant to this section.
(June 19, 1934, ch. 652, title III, §345, as added
Delayed Effective Date
For delayed effective date of section, see Effective Date note below.
Statutory Notes and Related Subsidiaries
Effective Date
Savings Clause
Findings
"(1) Domestic violence, dating violence, stalking, sexual assault, human trafficking, and related crimes are life-threatening issues and have lasting and harmful effects on individuals, families, and entire communities.
"(2) Survivors often lack meaningful support and options when establishing independence from an abuser, including barriers such as financial insecurity and limited access to reliable communications tools to maintain essential connections with family, social safety networks, employers, and support services.
"(3) Perpetrators of violence and abuse described in paragraph (1) increasingly use technological and communications tools to exercise control over, monitor, and abuse their victims.
"(4) Communications law can play a public interest role in the promotion of safety, life, and property with respect to the types of violence and abuse described in paragraph (1). For example, independent access to a wireless phone plan can assist survivors in establishing security and autonomy.
"(5) Safeguards within communications services can serve a role in preventing abuse and narrowing the digital divide experienced by survivors of abuse."
Rulemaking on Protections for Survivors of Domestic Violence
"(a)
"(1) the term 'Affordable Connectivity Program' means the program established under section 904(b) of division N of the Consolidated Appropriations Act, 2021 (
"(2) the term 'appropriate congressional committees' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives;
"(3) the term 'Commission' means the Federal Communications Commission;
"(4) the term 'covered hotline' means a hotline related to domestic violence, dating violence, sexual assault, stalking, sex trafficking, severe forms of trafficking in persons, or any other similar act;
"(5) the term 'designated program' means the program designated by the Commission under subsection (b)(2)(A)(i) to provide emergency communications support to survivors;
"(6) the term 'Lifeline program' means the program set forth in subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation);
"(7) the term 'text message' has the meaning given the term in section 227(e)(8) of the Communications Act of 1934 (
"(8) the term 'voice service' has the meaning given such term in section 4(a) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (
"(b)
"(1)
"(A)
"(B)
"(i) privacy protections;
"(ii) account security and fraud detection;
"(iii) account billing procedures;
"(iv) procedures for notification of survivors about line separation processes;
"(v) notice to primary account holders;
"(vi) situations in which a covered provider cannot operationally or technically separate a telephone number or numbers from a shared mobile service contract such that the provider cannot effectuate a line separation request;
"(vii) the requirements for remote submission of a line separation request, including how that option facilitates submission of verification information and meets the other requirements of section 345 of the Communications Act of 1934 [
"(viii) feasibility of remote options for small covered providers;
"(ix) implementation timelines, including those for small covered providers;
"(x) financial responsibility for transferred telephone numbers;
"(xi) whether and how the survivor can affirmatively elect to take financial responsibility for the mobile device associated with the separated line;
"(xii) compliance with subpart U of part 64 of title 47, Code of Federal Regulations, or any successor regulations (relating to customer proprietary network information) or any other legal or law enforcement requirements; and
"(xiii) ensuring covered providers have the necessary account information to comply with the rules and with section 345 of the Communications Act of 1934, as added by section 4 of this Act.
"(2)
"(A)
"(i) designate a single program, which shall be either the Lifeline program or the Affordable Connectivity Program, to provide emergency communications support to survivors in accordance with this paragraph; and
"(ii) allow a survivor who is suffering from financial hardship and meets the requirements under section 345(c)(1) of the Communications Act of 1934 [
"(I) enroll in the designated program as quickly as is feasible; and
"(II) participate in the designated program based on such qualifications for not more than 6 months.
"(B)
"(i) how survivors who are eligible for relief and elected to separate a line under section 345(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, but whose lines could not be separated due to operational or technical infeasibility, can participate in the designated program; and
"(ii) confidentiality in the transfer and retention of any necessary documentation regarding the eligibility of a survivor to enroll in the designated program.
"(C)
"(i) evaluate the effectiveness of the Commission's provision of support to survivors through the designated program;
"(ii) assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and
"(iii) submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively.
"(D)
"(E)
"(i) the existence of the designated program;
"(ii) who qualifies to participate in the designated program under the rules adopted under subparagraph (A) that are specially applicable to survivors; and
"(iii) how to participate in the designated program under the rules described in clause (ii).
"(3)
"(A)
"(i) establish, and update on a monthly basis, a central database of covered hotlines to be used by a covered provider or a wireline provider of voice service; and
"(ii) require a covered provider or a wireline provider of voice service to omit from consumer-facing logs of calls or text messages any records of calls or text messages to covered hotlines in the central database described in clause (i), while maintaining internal records of those calls and messages.
"(B)
"(i) the ability of law enforcement agencies or survivors to access a log of calls or text messages in a criminal investigation or civil proceeding;
"(ii) the ability of a covered provider or a wireline provider of voice service to—
"(I) identify logs that are consumer-facing; and
"(II) omit certain consumer-facing logs, while maintaining internal records of such calls and text messages; and
"(iii) any other factors associated with the implementation of clauses (i) and (ii) to protect survivors, including factors that may impact smaller providers.
"(C)
"(i) limit or otherwise affect the ability of a law enforcement agency to access a log of calls or text messages in a criminal investigation; or
"(ii) alter or otherwise expand provider requirements under the Communications Assistance for Law Enforcement Act ([title I of]
"(D)
Definitions
Part II—Radio Equipment and Radio Operators On Board Ship
§351. Ship radio stations and operations
(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 radiotelegraph 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 radiotelegraph 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.
(June 19, 1934, ch. 652, title III, §351, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
1965—Subsec. (a).
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 16 of act May 20, 1937, provided that: "This Act [enacting this part, amending
Joint Studies of Need for Safety Devices on Certain Cargo Ships; Report
Act Aug. 3, 1956, ch. 913,
§352. Exemptions
(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) shall not apply: Provided, That exemption of the ship is found to be reasonable or necessary in accordance with subsection (b) 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.
(June 19, 1934, ch. 652, title III, §352, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
References in Text
Panama Canal Company, referred to in subsec. (a)(2), deemed to refer to Panama Canal Commission, see
Amendments
1981—Subsec. (a)(2).
1965—Subsec. (a).
Subsec. (b).
Subsec. (d).
1954—Subsec. (a)(3). Act Aug. 13, 1954, §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, §1(c), added subsec. (c).
1950—Subsec. (a)(2). Act Sept. 26, 1950, substituted "Panama Canal Company" for "Panama Railroad Company".
Statutory Notes and Related Subsidiaries
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
Exemption of Commercial Fishing Vessels Operating in Alaskan Region from Global Maritime Distress and Safety System Requirements of Federal Communications Commission
"(a)
"(b)
"(c)
"(1) be capable of transmitting ship-to-shore distress alerts using not fewer than 2 separate and independent systems, each using a different radio communication service;
"(2) be equipped with—
"(A) a VHF radiotelephone installation;
"(B) an MF or HF radiotelephone installation;
"(C) a Category 1, 406.0–406.1 MHz EPIRB meeting the requirements of section 80.1061 of title 47, Code of Federal Regulations, or any successor regulation;
"(D) a NAVTEX receiver meeting the requirements of section 80.1101(c)(1) of title 47, Code of Federal Regulations, or any successor regulation;
"(E) survival craft equipment meeting the requirements of section 80.1095 of title 47, Code of Federal Regulations, or any successor regulation; and
"(F) a Search and Rescue Transponder meeting the requirements of section 80.1101(c)(6) of title 47, Code of Federal Regulations, or any successor regulation;
"(3) maintain a continuous watch on VHF Channel 16; and
"(4) as an alternative to the equipment listed in subparagraphs (A) through (F) of paragraph (2), carry equipment found by the Federal Communications Commission, in consultation with the Secretary, to be equivalent or superior with respect to ensuring the safety of the vessel.
"(d)
Executive Documents
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.
§353. Radio equipment and operators
(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.
(June 19, 1934, ch. 652, title III, §353, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
Amendments
1965—
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.
Statutory Notes and Related Subsidiaries
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
Approval of Operators by Secretary of Navy During War
Act Dec. 17, 1941, ch. 588,
§353a. Operators and watches on radiotelephone equipped ships
(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.
(June 19, 1934, ch. 652, title III, §354, as added Aug. 13, 1954, ch. 729, §2(b),
Editorial Notes
Amendments
1965—
§354. Technical requirements of equipment on radiotelegraph equipped ships
The radiotelegraph station and the radio direction finding apparatus required by
(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.
(June 19, 1934, ch. 652, title III, §355, formerly §354, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
Amendments
1965—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
1954—Act Aug. 13, 1954, §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, §2(c), provided for a "reserve radiotelegraph installation" instead of merely a "reserve installation".
Statutory Notes and Related Subsidiaries
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
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
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
Executive Documents
Transfer of Functions
"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, §§101–104, set out in the Appendix to Title 5.
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, §§1, 2, eff. July 31, 1950, 15 F.R. 4935,
§354a. Technical requirements of equipment on radiotelephone equipped ships
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
(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.
(June 19, 1934, ch. 652, title III, §356, as added Aug. 13, 1954, ch. 729, §2(d),
Editorial Notes
Amendments
1965—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
§355. Survival craft
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.
(June 19, 1934, ch. 652, title III, §357, formerly §355, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
Amendments
1965—
1954—Act Aug. 13, 1954, §2(a)(1), amended credit to section by changing section number from "355" to "357" of act June 19, 1934.
Act Aug. 13, 1954, §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.
Statutory Notes and Related Subsidiaries
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
§356. Approval of installations by Commission
Insofar as is necessary to carry out the purposes and requirements of this part, the Commission shall have authority, for any ship subject to this part—
(1) To approve the details as to the location and manner of installations of the equipment required by this part or of equipment necessitated by reason of the purposes and requirements of this part.
(2) To approve installations, apparatus, and spare parts necessary to comply with the purposes and requirements of this part.
(3) To prescribe such additional equipment as may be determined to be necessary to supplement that specified in this part, for the proper functioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress.
(June 19, 1934, ch. 652, title III, §358, formerly §356, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
References in Text
This part, referred to in text, commences with
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under
§357. Safety information
(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) 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), 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.
(June 19, 1934, ch. 652, title III, §359, formerly §357, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
Amendments
1965—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under
§358. Master's control over operations
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.
(June 19, 1934, ch. 652, title III, §360, formerly §358, as added May 20, 1937, ch. 229, §10(b),
Statutory Notes and Related Subsidiaries
Effective Date
Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under
§359. Certificates of compliance; issuance, modification, and cancellation
(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.
(June 19, 1934, ch. 652, title III, §361, formerly §359, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning act June 19, 1934, ch. 652,
This part, referred to in subsec. (b), commences with
Amendments
1965—Subsec. (b).
1954—Act Aug. 13, 1954, §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, §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.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
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
§360. Station licenses; inspection of equipment by Commission
(a) In addition to any other provisions required to be included in a radio station license, the station license of each ship of the United States subject to this subchapter shall include particulars with reference to the items specifically required by this subchapter.
(b) Every ship of the United States that is subject to this part shall have the equipment and apparatus prescribed therein inspected at least once each year by the Commission or an entity designated by the Commission. If, after such inspection, the Commission is satisfied that all relevant provisions of this chapter and the station license have been complied with, the fact shall be so certified on the station license by the Commission. The Commission shall make such additional inspections at frequent intervals as the Commission determines may be necessary to ensure compliance with the requirements of this chapter. The Commission may, upon a finding that the public interest could be served thereby—
(1) waive the annual inspection required under this section for a period of up to 90 days for the sole purpose of enabling a vessel to complete its voyage and proceed to a port in the United States where an inspection can be held; or
(2) waive the annual inspection required under this section for a vessel that is in compliance with the radio provisions of the Safety Convention and that is operating solely in waters beyond the jurisdiction of the United States: Provided, That such inspection shall be performed within 30 days of such vessel's return to the United States.
(June 19, 1934, ch. 652, title III, §362, formerly §360, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
References in Text
This part, referred to in subsec. (b), commences with
This chapter, referred to in subsec. (b), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
1996—Subsec. (b).
1962—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under
§361. Control by Commission; review of decisions
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.
(June 19, 1934, ch. 652, title III, §363, formerly §361, as added May 20, 1937, ch. 229, §10(b),
Statutory Notes and Related Subsidiaries
Effective Date
Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under
§362. Forfeitures; recovery
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.
(June 19, 1934, ch. 652, title III, §364, formerly §362, as added May 20, 1937, ch. 229, §10(b),
Editorial Notes
References in Text
This part, referred to in text, commences with
This chapter, referred to in subsec. (b), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
1989—Subsec. (a).
Subsec. (b).
Effective Date
Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under
§363. Automated ship distress and safety systems
Notwithstanding any provision of this chapter or any other provision of law or regulation, a ship documented under the laws of the United States operating in accordance with the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio telegraphy station operated by one or more radio officers or operators. This section shall take effect for each vessel upon a determination by the United States Coast Guard that such vessel has the equipment required to implement the Global Maritime Distress and Safety System installed and operating in good working condition.
(June 19, 1934, ch. 652, title III, §365, as added
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
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
Except as provided in
(June 19, 1934, ch. 652, title III, §381, as added Aug. 6, 1956, ch. 973, §1,
Editorial Notes
Amendments
1994—
Statutory Notes
Effective Date
Section 4 of act Aug. 6, 1956, provided that: "The amendments made herein [enacting this part and amending
§382. Vessels excepted from radiotelephone requirement
The provisions of this part shall not apply to—
(1) vessels which are equipped with a radio installation in accordance with the provisions of part II of this subchapter, or in accordance with the radio requirements of the Safety Convention; and
(2) vessels of the United States belonging to and operated by the Government, and
(3) vessels navigating on the Great Lakes.
(June 19, 1934, ch. 652, title III, §382, as added Aug. 6, 1956, ch. 973, §1,
Editorial Notes
References in Text
Part II of this subchapter, referred to in par. (1), is classified to
Amendments
1996—Par. (2).
1994—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under
§383. Exemptions by Commission
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.
(June 19, 1934, ch. 652, title III, §383, as added Aug. 6, 1956, ch. 973, §1,
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652,
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under
§384. Authority of Commission; operations, installations, and additional equipment
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.
(June 19, 1934, ch. 652, title III, §384, as added Aug. 6, 1956, ch. 973, §1,
Editorial Notes
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under
§385. Inspections
The Commission or an entity designated by the Commission shall make such inspections as may be necessary to insure compliance with the requirements of this part. In accordance with such other provisions of law as apply to Government contracts, the Commission may enter into contracts with any person for the purpose of carrying out such inspections and certifying compliance with those requirements, and may, as part of any such contract, allow any such person to accept reimbursement from the license holder for travel and expense costs of any employee conducting an inspection or certification.
(June 19, 1934, ch. 652, title III, §385, as added Aug. 6, 1956, ch. 973, §1,
Editorial Notes
Amendments
1996—
1994—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under
§386. Forfeitures
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.
(June 19, 1934, ch. 652, title III, §386, as added Aug. 6, 1956, ch. 973, §1,
Editorial Notes
Amendments
1994—
1989—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under
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
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.
(June 19, 1934, ch. 652, title III, §390, as added
Editorial Notes
Amendments
1978—
1976—
1967—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Grants
Study of Educational and Instructional Broadcasting
§391. Authorization of appropriations
There are authorized to be appropriated $42,000,000 for each of the fiscal years 1992, 1993, and 1994, to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities as provided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the Secretary pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the Secretary to cover the cost of administering the provisions of this subpart.
(June 19, 1934, ch. 652, title III, §391, as added
Editorial Notes
Amendments
1992—
1988—
1986—
1981—
1978—
1976—
1973—
1972—
1969—
1967—
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Effective Date of 1978 Amendment
Amendment by
§392. Grants for construction
(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) 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
(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); 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.
(June 19, 1934, ch. 652, title III, §392, as added
Editorial Notes
Amendments
1981—Subsec. (a)(4).
Subsec. (g)(2).
1978—
1976—Subsec. (a)(1)(C).
Subsec. (d).
1967—Subsec. (a).
Subsec. (a)(1)(B).
Subsec. (a)(1)(D).
Subsec. (a)(1)(E).
Subsec. (a)(2) to (4).
Subsec. (a)(5).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Administration of Grants
"(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 (
"(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
§392a. Repealed. Pub. L. 95–567, title II, §201, Nov. 2, 1978, 92 Stat. 2409
Section, act June 19, 1934, ch. 652, title III, §392A, as added June 5, 1976,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Nov. 2, 1978, see section 403 of
§393. Criteria for approval and expenditures by Secretary
(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) and designed to achieve—
(1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications services;
(2) the expansion of the service areas of existing public telecommunications entities;
(3) the development of public telecommunications facilities owned by, operated by, and available to minorities and women; and
(4) the improvement of the capabilities of existing public broadcast stations to provide public telecommunications services, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals.
(c) Noncommercial radio broadcast station facilities
Of the sums appropriated pursuant to
(June 19, 1934, ch. 652, title III, §393, as added
Editorial Notes
Amendments
1992—Subsec. (b)(4).
1986—Subsecs. (c), (d).
1978—
1967—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§393a. Long-range planning for facilities
(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
(b) Repealed.
(June 19, 1934, ch. 652, title III, §393A, formerly §396, as added
Editorial Notes
Amendments
1995—Subsec. (b).
1978—
1967—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
subpart b—national endowment for children's educational television
§394. Establishment of National Endowment
(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), 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
(4) The Council shall meet at the call of the Chairman and shall advise the Secretary concerning the making of contracts and grants under this section.
(f) Recordkeeping relating to grants; audits
(1) Each recipient of a grant under this section shall keep such records as may be reasonably necessary to enable the Secretary to carry out the Secretary's functions under this section, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such grant, the total cost of the project, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit.
(2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purposes of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to a grant received under this section.
(g) Issuance of rules and regulations
The Secretary is authorized to make such rules and regulations as may be necessary to carry out this section, including those relating to the order of priority in approving applications for projects under this section or to determining the amounts of contracts and grants for such projects.
(h) Authorization of appropriations; availability
There are authorized to be appropriated $2,000,000 for fiscal year 1991, $4,000,000 for fiscal year 1992, $5,000,000 for fiscal year 1993, and $6,000,000 for fiscal year 1994 to be used by the Secretary to carry out the provisions of this section. Sums appropriated under this subsection for any fiscal year shall remain available for contracts and grants for projects for which applications approved under this section have been submitted wtihin 1 one year after the last day of such fiscal year.
(i) Definitions
For purposes of this section—
(1) the term "educational television programming for children" means any television program which is directed to an audience of children who are 16 years of age or younger and which is designed for the intellectual development of those children, except that such term does not include any television program which is directed to a general audience but which might also be viewed by a significant number of children; and
(2) the term "person" means an individual, partnership, association, joint stock company, trust, corporation, or State or local governmental entity.
(June 19, 1934, ch. 652, title III, §394, as added
Editorial Notes
Prior Provisions
A prior section 394, act June 19, 1934, §394, was renumbered section 393A by
Another prior section 394, act June 19, 1934, §394, was renumbered section 397 by
Amendments
1992—Subsec. (h).
Statutory Notes and Related Subsidiaries
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
Congressional Findings
"(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."
1 So in original. Probably should be "within".
subpart c—telecommunications demonstrations
§395. Assistance for demonstration projects
(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) 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.
(June 19, 1934, ch. 652, title III, §395, as added
Editorial Notes
Prior Provisions
A prior section 395, act June 19, 1934, ch. 652, title III, §395, as added May 1, 1962,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Nov. 2, 1978, see section 403 of
subpart d—corporation for public broadcasting
§396. Corporation for Public Broadcasting
(a) Congressional declaration of policy
The Congress hereby finds and declares that—
(1) it is in the public interest to encourage the growth and development of public radio and television broadcasting, including the use of such media for instructional, educational, and cultural purposes;
(2) it is in the public interest to encourage the growth and development of nonbroadcast telecommunications technologies for the delivery of public telecommunications services;
(3) expansion and development of public telecommunications and of diversity of its programming depend on freedom, imagination, and initiative on both local and national levels;
(4) the encouragement and support of public telecommunications, while matters of importance for private and local development, are also of appropriate and important concern to the Federal Government;
(5) it furthers the general welfare to encourage public telecommunications services which will be responsive to the interests of people both in particular localities and throughout the United States, which will constitute an expression of diversity and excellence, and which will constitute a source of alternative telecommunications services for all the citizens of the Nation;
(6) it is in the public interest to encourage the development of programming that involves creative risks and that addresses the needs of unserved and underserved audiences, particularly children and minorities;
(7) it is necessary and appropriate for the Federal Government to complement, assist, and support a national policy that will most effectively make public telecommunications services available to all citizens of the United States;
(8) public television and radio stations and public telecommunications services constitute valuable local community resources for utilizing electronic media to address national concerns and solve local problems through community programs and outreach programs;
(9) it is in the public interest for the Federal Government to ensure that all citizens of the United States have access to public telecommunications services through all appropriate available telecommunications distribution technologies; and
(10) a private corporation should be created to facilitate the development of public telecommunications and to afford maximum protection from extraneous interference and control.
(b) Establishment of Corporation; application of District of Columbia Nonprofit Corporation Act
There is authorized to be established a nonprofit corporation, to be known as the "Corporation for Public Broadcasting", which will not be an agency or establishment of the United States Government. The Corporation shall be subject to the provisions of this section, and, to the extent consistent with this section, to the District of Columbia Nonprofit Corporation Act.
(c) Board of Directors; functions, duties, etc.
(1) The Corporation for Public Broadcasting shall have a Board of Directors (hereinafter in this section referred to as the "Board"), consisting of 9 members appointed by the President, by and with the advice and consent of the Senate. No more than 5 members of the Board appointed by the President may be members of the same political party.
(2) The 9 members of the Board appointed by the President (A) shall be selected from among citizens of the United States (not regular full-time employees of the United States) who are eminent in such fields as education, cultural and civic affairs, or the arts, including radio and television; and (B) shall be selected so as to provide as nearly as practicable a broad representation of various regions of the Nation, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Corporation.
(3) Of the members of the Board appointed by the President under paragraph (1), one member shall be selected from among individuals who represent the licensees and permittees of public television stations, and one member shall be selected from among individuals who represent the licensees and permittees of public radio stations.
(4) The members of the initial Board of Directors shall serve as incorporators and shall take whatever actions are necessary to establish the Corporation under the District of Columbia Nonprofit Corporation Act.
(5) The term of office of each member of the Board appointed by the President shall be 6 years, except as provided in section 5(c) of the Public Telecommunications Act of 1992. Any member whose term has expired may serve until such member's successor has taken office, or until the end of the calendar year in which such member's term has expired, whichever is earlier. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of such term. No member of the Board shall be eligible to serve in excess of 2 consecutive full terms.
(6) Any vacancy in the Board shall not affect its power, but shall be filled in the manner consistent with this chapter.
(7) Members of the Board shall attend not less than 50 percent of all duly convened meetings of the Board in any calendar year. A member who fails to meet the requirement of the preceding sentence shall forfeit membership and the President shall appoint a new member to fill such vacancy not later than 30 days after such vacancy is determined by the Chairman of the Board.
(d) Election of Chairman and Vice Chairman; compensation of Board members
(1) Members of the Board shall annually elect one of their members to be Chairman and elect one or more of their members as a Vice Chairman or Vice Chairmen.
(2) The members of the Board shall not, by reason of such membership, be deemed to be officers or employees of the United States. They shall, while attending meetings of the Board or while engaged in duties related to such meetings or other activities of the Board pursuant to this subpart, be entitled to receive compensation at the rate of $150 per day, including traveltime. No Board member shall receive compensation of more than $10,000 in any fiscal year. While away from their homes or regular places of business, Board members shall be allowed travel and actual, reasonable, and necessary expenses.
(e) Officers and employees; term of office, compensation, qualifications, and removal; political party affiliation, political test or qualification when taking personnel actions
(1) The Corporation shall have a President, and such other officers as may be named and appointed by the Board for terms and at rates of compensation fixed by the Board. No officer or employee of the Corporation may be compensated by the Corporation at an annual rate of pay which exceeds the rate of basic pay in effect from time to time for level I of the Executive Schedule under
(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), 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), 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).
Nothing contained in this paragraph shall be construed to commit the Federal Government to provide any sums for the payment of any obligation of the Corporation which exceeds amounts provided in advance in appropriation Acts.
(3) To carry out the foregoing purposes and engage in the foregoing activities, the Corporation shall have the usual powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act, except that the Corporation is prohibited from—
(A) owning or operating any television or radio broadcast station, system, or network, community antenna television system, interconnection system or facility, program production facility, or any public telecommunications entity, system, or network; and
(B) producing programs, scheduling programs for dissemination, or disseminating programs to the public.
(4) All meetings of the Board of Directors of the Corporation, including any committee of the Board, shall be open to the public under such terms, conditions, and exceptions as are set forth in subsection (k)(4).
(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) Repealed. Pub. L. 115–141, div. P, title IV, §402(i)(8)(A), Mar. 23, 2018, 132 Stat. 1090
(j) Repeal, alteration, or amendment
The right to repeal, alter, or amend this section at any time is expressly reserved.
(k) Financing restrictions
(1)(A) There is hereby established in the Treasury a fund which shall be known as the Public Broadcasting Fund (hereinafter in this subsection referred to as the "Fund"), to be administered by the Secretary of the Treasury.
(B) There is authorized to be appropriated to the Fund for each of the fiscal years 1978, 1979, and 1980, an amount equal to 40 percent of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year second preceding each such fiscal year, except that the amount so appropriated shall not exceed $121,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $160,000,000 for fiscal year 1980.
(C) There is authorized to be appropriated to the Fund, for each of the fiscal years 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, and 1993, an amount equal to 40 percent of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year second preceding each such fiscal year, except that the amount so appropriated shall not exceed $265,000,000 for fiscal year 1992, $285,000,000 for fiscal year 1993, $310,000,000 for fiscal year 1994, $375,000,000 for fiscal year 1995, and $425,000,000 for fiscal year 1996.
(D) In addition to any amounts authorized under any other provision of this or any other Act to be appropriated to the Fund, $20,000,000 are hereby authorized to be appropriated to the Fund (notwithstanding any other provision of this subsection) specifically for transition from the use of analog to digital technology for the provision of public broadcasting services for fiscal year 2001.
(E) Funds appropriated under this subsection shall remain available until expended.
(2)(A) The funds authorized to be appropriated by this subsection shall be used by the Corporation, in a prudent and financially responsible manner, solely for its grants, contracts, and administrative costs, except that the Corporation may not use any funds appropriated under this subpart for purposes of conducting any reception, or providing any other entertainment, for any officer or employee of the Federal Government or any State or local government. The Corporation shall determine the amount of non-Federal financial support received by public broadcasting entities during each of the fiscal years referred to in paragraph (1) for the purpose of determining the amount of each authorization, and shall certify such amount to the Secretary of the Treasury, except that the Corporation may include in its certification non-Federal financial support received by a public broadcasting entity during its most recent fiscal year ending before September 30 of the year for which certification is made. Upon receipt of such certification, the Secretary of the Treasury shall make available to the Corporation, from such funds as may be appropriated to the Fund, the amount authorized for each of the fiscal years pursuant to the provisions of this subsection.
(B) Funds appropriated and made available under this subsection shall be disbursed by the Secretary of the Treasury on a fiscal year basis.
(3)(A)(i) The Corporation shall establish an annual budget for use in allocating amounts from the Fund. Of the amounts appropriated into the Fund available for allocation for any fiscal year—
(I) $10,200,000 shall be available for the administrative expenses of the Corporation for fiscal year 1989, and for each succeeding fiscal year the amount which shall be available for such administrative expenses shall be the sum of the amount made available to the Corporation under this subclause for such expenses in the preceding fiscal year plus the greater of 4 percent of such amount or a percentage of such amount equal to the percentage change in the Consumer Price Index, except that none of the amounts allocated under subclauses (II), (III), and (IV) and clause (v) shall be used for any administrative expenses of the Corporation and not more than 5 percent of all the amounts appropriated into the Fund available for allocation for any fiscal year shall be available for such administrative expenses;
(II) 6 percent of such amounts shall be available for expenses incurred by the Corporation for capital costs relating to telecommunications satellites, the payment of programming royalties and other fees, the costs of interconnection facilities and operations (as provided in clause (iv)(I)), and grants which the Corporation may make for assistance to stations that broadcast programs in languages other than English or for assistance in the provision of affordable training programs for employees at public broadcast stations, and if the available funding level permits, for projects and activities that will enhance public broadcasting;
(III) 75 percent of the remainder (after allocations are made under subclause (I) and subclause (II)) shall be allocated in accordance with clause (ii); and
(IV) 25 percent of such remainder shall be allocated in accordance with clause (iii).
(ii) Of the amounts allocated under clause (i)(III) for any fiscal year—
(I) 75 percent of such amounts shall be available for distribution among the licensees and permittees of public television stations pursuant to paragraph (6)(B); and
(II) 25 percent of such amounts shall be available for distribution under subparagraph (B)(i), and in accordance with any plan implemented under paragraph (6)(A), for national public television programming.
(iii) Of the amounts allocated under clause (i)(IV) for any fiscal year—
(I) 70 percent of such amounts shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B);
(II) 7 percent of such amounts shall be available for distribution under subparagraph (B)(i) for public radio programming; and
(III) 23 percent of such amounts shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B), solely to be used for acquiring or producing programming that is to be distributed nationally and is designed to serve the needs of a national audience.
(iv)(I) From the amount provided pursuant to clause (i)(II), the Corporation shall defray an amount equal to 50 percent of the total costs of interconnection facilities and operations to facilitate the availability of public television and radio programs among public broadcast stations.
(II) Of the amounts received as the result of any contract, lease agreement, or any other arrangement under which the Corporation directly or indirectly makes available interconnection facilities, 50 percent of such amounts shall be distributed to the licensees and permittees of public television stations and public radio stations. The Corporation shall not have any authority to establish any requirements, guidelines, or limitations with respect to the use of such amounts by such licensees and permittees.
(v) Of the interest on the amounts appropriated into the Fund which is available for allocation for any fiscal year—
(I) 75 percent shall be available for distribution for the purposes referred to in clause (ii)(II); and
(II) 25 percent shall be available for distribution for the purposes referred to in clause (iii)(II) and (III).
(B)(i) The Corporation shall utilize the funds allocated pursuant to subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II) to make grants for production of public television or radio programs by independent producers and production entities and public telecommunications entities, producers of national children's educational programming, and producers of programs addressing the needs and interests of minorities, and for acquisition of such programs by public telecommunications entities. The Corporation may make grants to public telecommunications entities and producers for the production of programs in languages other than English. Of the funds utilized pursuant to this clause, a substantial amount shall be distributed to independent producers and production entities, producers of national children's educational programming, and producers of programming addressing the needs and interests of minorities for the production of programs.
(ii) All funds available for distribution under clause (i) shall be distributed to entities outside the Corporation and shall not be used for the general administrative costs of the Corporation, the salaries or related expenses of Corporation personnel and members of the Board, or for expenses of consultants and advisers to the Corporation.
(iii)(I) For fiscal year 1990 and succeeding fiscal years, the Corporation shall, in carrying out its obligations under clause (i) with respect to public television programming, provide adequate funds for an independent production service.
(II) Such independent production service shall be separate from the Corporation and shall be incorporated under the laws of the District of Columbia for the purpose of contracting with the Corporation for the expenditure of funds for the production of public television programs by independent producers and independent production entities.
(III) The Corporation shall work with organizations or associations of independent producers or independent production entities to develop a plan and budget for the operation of such service that is acceptable to the Corporation.
(IV) The Corporation shall ensure that the funds provided to such independent production service shall be used exclusively in pursuit of the Corporation's obligation to expand the diversity and innovativeness of programming available to public broadcasting.
(V) Repealed.
(VI) The Corporation shall not contract to provide funds to any such independent production service, unless that service agrees to comply with public inspection requirements established by the Corporation within 3 months after August 26, 1992. Under such requirements the service shall maintain at its offices a public file, updated regularly, containing information relating to the service's award of funds for the production of programming. The information shall be available for public inspection and copying for at least 3 years and shall be of the same kind as the information required to be maintained by the Corporation under subsection (l)(4)(B).
(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 (1)(3)(B).1
(6)(A) The Corporation shall conduct a study and prepare a plan, in consultation with public television licensees (or designated representatives of those licensees) and the Public Broadcasting Service, on how funds available to the Corporation under paragraph (3)(A)(ii)(II) can be best allocated to meet the objectives of this chapter with regard to national public television programming. The plan, which shall be based on the conclusions resulting from the study, shall be submitted by the Corporation to the Congress not later than January 31, 1990. Unless directed otherwise by an Act of Congress, the Corporation shall implement the plan during the first fiscal year beginning after the fiscal year in which the plan is submitted to Congress.
(B) The Corporation shall make a basic grant from the portion reserved for television stations under paragraph (3)(A)(ii)(I) to each licensee and permittee of a public television station that is on the air. The Corporation shall assist radio stations to maintain and improve their service where public radio is the only broadcast service available. The balance of the portion reserved for television stations and the total portion reserved for radio stations under paragraph (3)(A)(iii)(I) shall be distributed to licensees and permittees of such stations in accordance with eligibility criteria (which the Corporation shall review periodically in consultation with public radio and television licensees or permittees, or their designated representatives) that promote the public interest in public broadcasting, and on the basis of a formula designed to—
(i) provide for the financial needs and requirements of stations in relation to the communities and audiences such stations undertake to serve;
(ii) maintain existing, and stimulate new, sources of non-Federal financial support for stations by providing incentives for increases in such support; and
(iii) assure that each eligible licensee and permittee of a public radio station receives a basic grant.
(7) The funds distributed pursuant to paragraph (3)(A)(ii)(I) and (iii)(I) may be used at the discretion of the recipient for purposes related primarily to the production or acquisition of programming.
(8)(A) Funds may not be distributed pursuant to this subpart to any public broadcast station (other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency) unless such station establishes a community advisory board. Any such station shall undertake good faith efforts to assure that (i) its advisory board meets at regular intervals; (ii) the members of its advisory board regularly attend the meetings of the advisory board; and (iii) the composition of its advisory board are 2 reasonably representative of the diverse needs and interests of the communities served by such station.
(B) The board shall be permitted to review the programming goals established by the station, the service provided by the station, and the significant policy decisions rendered by the station. The board may also be delegated any other responsibilities, as determined by the governing body of the station. The board shall advise the governing body of the station with respect to whether the programming and other policies of such station are meeting the specialized educational and cultural needs of the communities served by the station, and may make such recommendations as it considers appropriate to meet such needs.
(C) The role of the board shall be solely advisory in nature, except to the extent other responsibilities are delegated to the board by the governing body of the station. In no case shall the board have any authority to exercise any control over the daily management or operation of the station.
(D) In the case of any public broadcast station (other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency) in existence on November 2, 1978, such station shall comply with the requirements of this paragraph with respect to the establishment of a community advisory board not later than 180 days after November 2, 1978.
(E) The provision of subparagraph (A) prohibiting the distribution of funds to any public broadcast station (other than any station which is owned and operated by a State, a political or special purpose subdivision of a State, or a public agency) unless such station establishes a community advisory board shall be the exclusive remedy for the enforcement of the provisions of this paragraph.
(9) Funds may not be distributed pursuant to this subsection to the Public Broadcasting Service or National Public Radio (or any successor organization) unless assurances are provided to the Corporation that no officer or employee of the Public Broadcasting Service or National Public Radio (or any successor organization), as the case may be, will be compensated in excess of reasonable compensation as determined pursuant to Section 3 4958 of title 26 for services that the officer or employee renders to organization,4 and unless further assurances are provided to the Corporation that no officer or employee of such an entity will be loaned money by that entity on an interest-free basis.
(10)(A) There is hereby established in the Treasury a fund which shall be known as the Public Broadcasting Satellite Interconnection Fund (hereinafter in this subsection referred to as the "Satellite Interconnection Fund"), to be administered by the Secretary of the Treasury.
(B) There is authorized to be appropriated to the Satellite Interconnection Fund, for fiscal year 1991, the amount of $200,000,000. If such amount is not appropriated in full for fiscal year 1991, the portion of such amount not yet appropriated is authorized to be appropriated for fiscal years 1992 and 1993. Funds appropriated to the Satellite Interconnection Fund shall remain available until expended.
(C) The Secretary of the Treasury shall make available and disburse to the Corporation, at the beginning of fiscal year 1991 and of each succeeding fiscal year thereafter, such funds as have been appropriated to the Satellite Interconnection Fund for the fiscal year in which such disbursement is to be made.
(D) Notwithstanding any other provision of this subsection except paragraphs (4), (5), (8), and (9), all funds appropriated to the Satellite Interconnection Fund and interest thereon—
(i) shall be distributed by the Corporation to the licensees and permittees of noncommercial educational television broadcast stations providing public telecommunications services or the national entity they designate for satellite interconnection purposes and to those public telecommunications entities participating in the public radio satellite interconnection system or the national entity they designate for satellite interconnection purposes, exclusively for the capital costs of the replacement, refurbishment, or upgrading of their national satellite interconnection systems and associated maintenance of such systems; and
(ii) shall not be used for the administrative costs of the Corporation, the salaries or related expenses of Corporation personnel and members of the Board, or for expenses of consultants and advisers to the Corporation.
(11)(A) Funds may not be distributed pursuant to this subsection for any fiscal year to the licensee or permittee of any public broadcast station if such licensee or permittee—
(i) fails to certify to the Corporation that such licensee or permittee complies with the Commission's regulations concerning equal employment opportunity as published under section 73.2080 of title 47, Code of Federal Regulations, or any successor regulations thereto; or
(ii) fails to submit to the Corporation the report required by subparagraph (B) for the preceding calendar year.
(B) A licensee or permittee of any public broadcast station with more than five full-time employees to file annually with the Corporation a statistical report, consistent with reports required by Commission regulation, identifying by race and sex the number of employees in each of the following full-time and part-time job categories:
(i) Officials and managers.
(ii) Professionals.
(iii) Technicians.
(iv) Semiskilled operatives.
(v) Skilled craft persons.
(vi) Clerical and office personnel.
(vii) Unskilled operatives.
(viii) Service workers.
(C) In addition, such report shall state the number of job openings occurring during the course of the year. Where the job openings were filled in accordance with the regulations described in subparagraph (A)(i), the report shall so certify, and where the job openings were not filled in accordance with such regulations, the report shall contain a statement providing reasons therefor. The statistical report shall be available to the public at the central office and at every location where more than five full-time employees are regularly assigned to work.
(12) Funds may not be distributed under this subsection to any public broadcasting entity that directly or indirectly—
(A) rents contributor or donor names (or other personally identifiable information) to or from, or exchanges such names or information with, any Federal, State, or local candidate, political party, or political committee; or
(B) discloses contributor or donor names, or other personally identifiable information, to any nonaffiliated third party unless—
(i) such entity clearly and conspicuously discloses to the contributor or donor that such information may be disclosed to such third party;
(ii) the contributor or donor is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and
(iii) the contributor or donor is given an explanation of how the contributor or donor may exercise that nondisclosure option.
(l) Financial management and records
(1)(A) The accounts of the Corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States, except that such requirement shall not preclude shared auditing arrangements between any public telecommunications entity and its licensee where such licensee is a public or private institution. The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents and custodians shall be afforded to such person or persons.
(B) The report of each such independent audit shall 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 Government Accountability 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 Government Accountability Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation pertaining to its financial transactions and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers and property of the Corporation shall remain in possession and custody of the Corporation.
(B) A report of each such audit shall be made by the Comptroller General to the Congress. The report to the Congress shall contain such comments and information as the Comptroller General may deem necessary to inform Congress of the financial operations and condition of the Corporation, together with such recommendations with respect thereto as he may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertaking observed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made without authority of law. A copy of each report shall be furnished to the President, to the Secretary, and to the Corporation at the time submitted to the Congress.
(3)(A) Not later than 1 year after November 2, 1978, the Corporation, in consultation with the Comptroller General, and as appropriate with others, shall develop accounting principles which shall be used uniformly by all public telecommunications entities receiving funds under this subpart, taking into account organizational differences among various categories of such entities. Such principles shall be designed to account fully for all funds received and expended for public telecommunications purposes by such entities.
(B) Each public telecommunications entity receiving funds under this subpart shall be required—
(i) to keep its books, records, and accounts in such form as may be required by the Corporation;
(ii)(I) to undergo a biennial audit by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State, which audit shall be in accordance with auditing standards developed by the Corporation, in consultation with the Comptroller General; or
(II) to submit a financial statement in lieu of the audit required by subclause (I) if the Corporation determines that the cost burden of such audit on such entity is excessive in light of the financial condition of such entity; and
(iii) to furnish biennially to the Corporation a copy of the audit report required pursuant to clause (ii), as well as such other information regarding finances (including an annual financial report) as the Corporation may require.
(C) Any recipient of assistance by grant or contract under this section, other than a fixed price contract awarded pursuant to competitive bidding procedures, shall keep such records as may be reasonably necessary to disclose fully the amount and the disposition by such recipient of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(D) The Corporation or any of its duly authorized representatives shall have access to any books, documents, papers, and records of any recipient of assistance for the purpose of auditing and examining all funds received or expended for public telecommunications purposes by the recipient. The Comptroller General of the United States or any of his duly authorized representatives also shall have access to such books, documents, papers, and records for the purpose of auditing and examining all funds received or expended for public telecommunications purposes during any fiscal year for which Federal funds are available to the Corporation.
(4)(A) The Corporation shall maintain the information described in subparagraphs (B), (C), and (D) at its offices for public inspection and copying for at least 3 years, according to such reasonable guidelines as the Corporation may issue. This public file shall be updated regularly. This paragraph shall be effective August 26, 1992, and shall apply to all grants awarded after January 1, 1993.
(B) Subsequent to any award of funds by the Corporation for the production or acquisition of national broadcasting programming pursuant to subsection (k)(3)(A)(ii)(II) or (iii)(II), the Corporation shall make available for public inspection the following:
(i) Grant and solicitation guidelines for proposals for such programming.
(ii) The reasons for selecting the proposal for which the award was made.
(iii) Information on each program for which the award was made, including the names of the awardee and producer (and if the awardee or producer is a corporation or partnership, the principals of such corporation or partnership), the monetary amount of the award, and the title and description of the program (and of each program in a series of programs).
(iv) A report based on the final audit findings resulting from any audit of the award by the Corporation or the Comptroller General.
(v) Reports which the Corporation shall require to be provided by the awardee relating to national public broadcasting programming funded, produced, or acquired by the awardee with such funds. Such reports shall include, where applicable, the information described in clauses (i), (ii), and (iii), but shall exclude proprietary, confidential, or privileged information.
(C) The Corporation shall make available for public inspection the final report required by the Corporation on an annual basis from each recipient of funds under subsection (k)(3)(A)(iii)(III), excluding proprietary, confidential, or privileged information.
(D) The Corporation shall make available for public inspection an annual list of national programs distributed by public broadcasting entities that receive funds under subsection (k)(3)(A)(ii)(III) or (iii)(II) and are engaged primarily in the national distribution of public television or radio programs. Such list shall include the names of the programs (or program series), producers, and providers of funding.
(June 19, 1934, ch. 652, title III, §396, as added
Editorial Notes
References in Text
The District of Columbia Nonprofit Corporation Act, referred to in subsecs. (b), (c)(4), and (g)(3), is
Section 5(c) of the Public Telecommunications Act of 1992, referred to in subsec. (c)(5), is section 5(c) of
This chapter, referred to in subsecs. (c)(6), (h)(1), and (k)(6)(A), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Prior Provisions
A prior section 396, act June 19, 1934, ch. 652, title III, §396, as added May 1, 1962,
Amendments
2018—Subsec. (i).
Subsec. (k)(1)(F).
Subsec. (k)(3)(B)(iii)(V).
Subsec. (l)(1)(B).
Subsec. (m).
"(1) Prior to July 1, 1989, and every three years thereafter, the Corporation shall compile an assessment of the needs of minority and diverse audiences, the plans of public broadcasting entities and public telecommunications entities to address such needs, the ways radio and television can be used to help these underrepresented groups, and projections concerning minority employment by public broadcasting entities and public telecommunications entities. Such assessment shall address the needs of racial and ethnic minorities, new immigrant populations, people for whom English is a second language, and adults who lack basic reading skills.
"(2) Commencing July 1, 1989, the Corporation shall prepare an annual report on the provision by public broadcasting entities and public telecommunications entities of service to the audiences described in paragraph (1). Such report shall address programming (including that which is produced by minority producers), training, minority employment, and efforts by the Corporation to increase the number of minority public radio and television stations eligible for financial support from the Corporation. Such report shall include a summary of the statistical reports received by the Corporation pursuant to subsection (k)(11), and a comparison of the information contained in those reports with the information submitted by the Corporation in the previous year's annual report.
"(3) As soon as they have been prepared, each assessment and annual report required under paragraphs (1) and (2) shall be submitted to Congress."
2004—Subsec. (l)(2)(A).
2001—Subsec. (k)(1)(D) to (F).
1999—Subsec. (k)(12).
1998—Subsec. (k)(9).
1992—Subsec. (a)(8) to (10).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(5).
Subsec. (e)(1).
Subsec. (i)(1)(C), (D).
Subsec. (k)(1)(C).
Subsec. (k)(1)(E).
Subsec. (k)(3)(A)(i)(II).
Subsec. (k)(3)(B)(iii)(V).
Subsec. (k)(3)(B)(iii)(VI).
Subsec. (k)(6)(B).
Subsec. (k)(11).
Subsec. (l)(3)(B)(ii).
Subsec. (l)(3)(B)(iii).
Subsec. (l)(4).
Subsec. (m)(2).
1988—Subsec. (a)(6) to (8).
Subsec. (g)(2)(B)(ii).
Subsec. (k)(1)(C).
Subsec. (k)(3)(A)(i)(I), (II).
"(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).
Subsec. (k)(3)(A)(ii)(II).
Subsec. (k)(3)(A)(iii).
"(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).
Subsec. (k)(3)(A)(v).
"(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).
Subsec. (k)(3)(B)(iii).
Subsec. (k)(3)(C).
Subsec. (k)(3)(D).
Subsec. (k)(6)(A).
Subsec. (k)(6)(B).
Subsec. (k)(7).
Subsec. (k)(10).
Subsec. (m).
1986—Subsec. (k)(1)(C).
Subsec. (k)(3)(A)(i)(II).
Subsec. (k)(8) to (10).
1983—Subsec. (c)(1).
Subsec. (d)(1).
Subsec. (e)(1).
Subsec. (k)(1)(C).
Subsec. (k)(10).
Subsec. (l)(4).
1981—Subsec. (a)(5).
Subsec. (c).
Subsec. (d).
Subsec. (e)(1).
Subsec. (g).
Subsec. (i)(1).
Subsec. (k)(1)(C).
Subsec. (k)(2)(B).
Subsec. (k)(3)(A).
Subsec. (k)(3)(B)(i).
Subsec. (k)(3)(B)(ii).
Subsec. (k)(3)(B)(iii), (iv).
Subsec. (k)(6)(A).
Subsec. (k)(6)(B).
Subsec. (k)(7).
Subsec. (k)(8).
Subsec. (k)(9).
Subsec. (l).
1978—Subsec. (a).
Subsec. (d)(1).
Subsec. (e)(1).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (k).
Subsec. (l)(3).
1975—Subsec. (g)(2)(H).
Subsec. (i).
Subsec. (k)(3) to (7).
1973—Subsec. (k)(1).
Subsec. (k)(2).
1972—Subsec. (k)(1).
Subsec. (k)(2).
1970—Subsec. (k).
1969—Subsec. (k)(1).
Subsec. (k)(2).
1968—Subsec. (k).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Effective Date of 1992 Amendment
Effective Date of 1988 Amendment
Amendment by sections 6 and 7(d) of
Effective Date of 1981 Amendment
Effective Date of 1978 Amendment
Amendment by
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (i), (k)(3)(B)(iii)(V)(1st sentence), and (m) of this section are listed as the 10th through 13th items on page 199), see section 3003 of
Transition Rules Relating to Term of Office of Board of Directors of Corporation for Public Broadcasting
"(1) With respect to the three offices whose terms are prescribed by law to expire on March 26, 1992, the term for each such office immediately after that date shall expire on January 31, 1998.
"(2) With respect to the two offices whose terms are prescribed by law to expire on March 1, 1994, the term for each of such offices immediately after that date shall expire on January 31, 2000.
"(3) With respect to the five offices whose terms are prescribed by law to expire on March 26, 1996—
"(A) one such office, as selected by the President, shall be abolished on January 31, 1996;
"(B) the term immediately after March 26, 1996, for another such office, as designated by the President, shall expire on January 31, 2000; and
"(C) the term for each of the remaining three such offices immediately after March 26, 1996, shall expire on January 31, 2002.
"(4) As used in this subsection, the term 'office' means an office as a member of the Board of Directors of the Corporation for Public Broadcasting."
Objectivity and Balance Policy, Procedures, and Report
"(1) review the Corporation's existing efforts to meet its responsibility under section 396(g)(1)(A);
"(2) after soliciting the views of the public, establish a comprehensive policy and set of procedures to—
"(A) provide reasonable opportunity for members of the public to present comments to the Board regarding the quality, diversity, creativity, excellence, innovation, objectivity, and balance of public broadcasting services, including all public broadcasting programming of a controversial nature, as well as any needs not met by those services;
"(B) review, on a regular basis, national public broadcasting programming for quality, diversity, creativity, excellence, innovation, objectivity, and balance, as well as for any needs not met by such programming;
"(C) on the basis of information received through such comment and review, take such steps in awarding programming grants pursuant to clauses (ii)(II), (iii)(II), and (iii)(III) of section 396(k)(3)(A) of the Communications Act of 1934 (
"(D) disseminate among public broadcasting entities information about its efforts to address concerns about objectivity and balance relating to programming of a controversial nature so that such entities can utilize the Corporation's experience in addressing such concerns within their own operations; and
"(3) starting in 1993, by January 31 of each year, prepare and submit to the President for transmittal to the Congress a report summarizing its efforts pursuant to paragraphs (1) and (2)."
Consumer Information; Disclosure of Funding
Independent Production Service Funding
Satellite Replacement Needs; Report to Congress
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
"(A) The amendment made in paragraph (1) [amending this section] shall not affect the continuation in office of any individual serving on the Board of Directors of the Corporation for Public Broadcasting on the date of the enactment of this Act [Aug. 13, 1981].
"(B) Notwithstanding the provisions of subsection (c) of section 396 of the Communications Act of 1934 [subsec. (c) of this section], in the case of the offices of director the terms of which expired March 1982, persons appointed to fill two of such vacancies existing as of December 13, 1982, shall be appointed for terms which shall expire on March 1, 1984 and shall not be respresentative [sic] of the political party having a majority of the directors of the Board on December 13, 1982. Persons appointed for a term beginning March 1, 1984, to fill the vacancies occurring in such offices the terms of which, by reason of the preceding sentence, expire on March 1, 1984, shall not be filled by persons representing the political party having a majority of the directors of the Board on March 1, 1984. Persons appointed on or after March 1, 1984, to fill vacancies in the two such offices shall be appointed for terms of five years. On March 1, 1984, there are abolished those five offices of director the terms of which, without application of the preceding provisions of this paragraph, expire on such date. In administering the provisions of this paragraph a director is a minority member of the Board if he is not a member of the political party to which the majority of the directors of the Board are members."
Temporary Commission on Alternative Financing for Public Telecommunications; Composition; Personnel; Functions; Report; Demonstration Programs for Determining Feasibility of Permitting Public Television Stations and Public Radio Station Licensees To Broadcast Advertising Announcements
Compensation of Officers and Employees
1 So in original. Probably should be "(l)(3)(B)."
2 So in original. Probably should be "is".
3 So in original. Probably should not be capitalized.
4 So in original. Probably should be "the organization,".
subpart e—general provisions
§397. Definitions
For the purposes of this part—
(1) The term "construction" (as applied to public telecommunications facilities) means acquisition (including acquisition by lease), installation, and modernization of public telecommunications facilities and planning and preparatory steps incidental to any such acquisition, installation, or modernization.
(2) The term "Corporation" means the Corporation for Public Broadcasting authorized to be established in subpart D.
(3) The term "interconnection" means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to public telecommunications entities.
(4) The term "interconnection system" means any system of interconnection facilities used for the distribution of programs to public telecommunications entities.
(5) The term "meeting" means the deliberations of at least the number of members of a governing or advisory body, or any committee thereof, required to take action on behalf of such body or committee where such deliberations determine or result in the joint conduct or disposition of the governing or advisory body's business, or the committee's business, as the case may be, but only to the extent that such deliberations relate to public broadcasting.
(6) The terms "noncommercial educational broadcast station" and "public broadcast station" mean a television or radio broadcast station which—
(A) under the rules and regulations of the Commission in effect on November 2, 1978, is eligible to be licensed by the Commission as a noncommercial educational radio or television broadcast station and which is owned and operated by a public agency or nonprofit private foundation, corporation, or association; or
(B) is owned and operated by a municipality and which transmits only noncommercial programs for education purposes.
(7) The term "noncommercial telecommunications entity" means any enterprise which—
(A) is owned and operated by a State, a political or special purpose subdivision of a State, a public agency, or a nonprofit private foundation, corporation, or association; and
(B) has been organized primarily for the purpose of disseminating audio or video noncommercial educational and cultural programs to the public by means other than a primary television or radio broadcast station, including, but not limited to, coaxial cable, optical fiber, broadcast translators, cassettes, discs, microwave, or laser transmission through the atmosphere.
(8) The term "nonprofit" (as applied to any foundation, corporation, or association) means a foundation, corporation, or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
(9) The term "non-Federal financial support" means the total value of cash and the fair market value of property and services (including, to the extent provided in the second sentence of this paragraph, the personal services of volunteers) received—
(A) as gifts, grants, bequests, donations, or other contributions for the construction or operation of noncommercial educational broadcast stations, or for the production, acquisition, distribution, or dissemination of educational television or radio programs, and related activities, from any source other than (i) the United States or any agency or instrumentality of the United States; or (ii) any public broadcasting entity; or
(B) as gifts, grants, donations, contributions, or payments from any State, or any educational institution, for the construction or operation of noncommercial educational broadcast stations or for the production, acquisition, distribution, or dissemination of educational television or radio programs, or payments in exchange for services or materials with respect to the provision of educational or instructional television or radio programs.
Such term includes the fair market value of personal services of volunteers, as computed using the valuation standards established by the Corporation, but only, with respect to such an entity in a fiscal year, to the extent that the value of the services does not exceed 5 percent of the total non-Federal financial support of the entity in such fiscal year.
(10) The term "preoperational expenses" means all nonconstruction costs incurred by new telecommunications entities before the date on which they begin providing service to the public, and all nonconstruction costs associated with expansion of existing entities before the date on which such expanded capacity is activated, except that such expenses shall not include any portion of the salaries of any personnel employed by an operating public telecommunications entity.
(11) The term "public broadcasting entity" means the Corporation, any licensee or permittee of a public broadcast station, or any nonprofit institution engaged primarily in the production, acquisition, distribution, or dissemination of educational and cultural television or radio programs.
(12) The term "public telecommunications entity" means any enterprise which—
(A) is a public broadcast station or a noncommercial telecommunications entity; and
(B) disseminates public telecommunications services to the public.
(13) The term "public telecommunications facilities" means apparatus necessary for production, interconnection, captioning, broadcast, or other distribution of programming, including, but not limited to, studio equipment, cameras, microphones, audio and video storage or reproduction equipment, or both, signal processors and switchers, towers, antennas, transmitters, translators, microwave equipment, mobile equipment, satellite communications equipment, instructional television fixed service equipment, subsidiary communications authorization transmitting and receiving equipment, cable television equipment, video and audio cassettes and discs, optical fiber communications equipment, and other means of transmitting, emitting, storing, and receiving images and sounds, or intelligence, except that such term does not include the buildings to house such apparatus (other than small equipment shelters which are part of satellite earth stations, translators, microwave interconnection facilities, and similar facilities).
(14) The term "public telecommunications services" means noncommercial educational and cultural radio and television programs, and related noncommercial instructional or informational material that may be transmitted by means of electronic communications.
(15) The term "Secretary" means the Secretary of Commerce when such term is used in subpart A and subpart B, and the Secretary of Health and Human Services when such term is used in subpart C, subpart D, and this subpart.
(16) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
(17) The term "system of public telecommunications entities" means any combination of public telecommunications entities acting cooperatively to produce, acquire, or distribute programs, or to undertake related activities.
(June 19, 1934, ch. 652, title III, §397, formerly §394, as added
Editorial Notes
References in Text
This part, referred to in provision preceding par. (1), commences with
Prior Provisions
A prior section 397, act June 19, 1934, ch. 652, title III, §397, as added May 1, 1962,
Amendments
1996—Par. (9).
1990—Par. (2).
Par. (15).
1981—Par. (15).
1978—
1976—Par. (2).
1975—Pars. (10), (11).
1967—Par. (1).
Par. (2).
Par. (4).
Pars. (6) to (9).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
§398. Federal interference or control
(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), to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over public telecommunications, or over the Corporation or any of its grantees or contractors, or over the charter or bylaws of the Corporation, or over the curriculum, program of instruction, or personnel of any educational institution, school system, or public telecommunications entity.
(b) Equal opportunity employment
(1) Equal opportunity in employment shall be afforded to all persons by the Public Broadcasting Service and National Public Radio (or any successor organization) and by all public telecommunications entities receiving funds pursuant to subpart C 1 (hereinafter in this subsection referred to as "recipients"), in accordance with the equal employment opportunity regulations of the Commission, and no person shall be subjected to discrimination in employment by any recipient on the grounds of race, color, religion, national origin, or sex.
(2)(A) The Secretary is authorized and directed to enforce this subsection and to prescribe such rules and regulations as may be necessary to carry out the functions of the Secretary under this subsection.
(B) The Secretary shall provide for close coordination with the Commission in the administration of the responsibilities of the Secretary under this subsection which are of interest to or affect the functions of the Commission so that, to the maximum extent possible consistent with the enforcement responsibilities of each, the reporting requirements of public telecommunications entities shall be uniformly based upon consistent definitions and categories of information.
(3)(A) The Corporation shall incorporate into each grant agreement or contract with any recipient entered into on or after the effective date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A), a statement indicating that, as a material part of the terms and conditions of the grant agreement or contract, the recipient will comply with the provisions of paragraph (1) and the rules and regulations prescribed pursuant to paragraph (2)(A). Any person which desires to be a recipient (within the meaning of paragraph (1)) of funds under subpart C 1 shall, before receiving any such funds, provide to the Corporation any information which the Corporation may require to satisfy itself that such person is affording equal opportunity in employment in accordance with the requirements of this subsection. Determinations made by the Corporation in accordance with the preceding sentence shall be based upon guidelines relating to equal opportunity in employment which shall be established by rule by the Secretary.
(B) If the Corporation is not satisfied that any such person is affording equal opportunity in employment in accordance with the requirements of this subsection, the Corporation shall notify the Secretary, and the Secretary shall review the matter and make a final determination regarding whether such person is affording equal opportunity in employment. In any case in which the Secretary conducts a review under the preceding sentence, the Corporation shall make funds available to the person involved pursuant to the grant application of such person (if the Corporation would have approved such application but for the finding of the Corporation under this paragraph) pending a final determination of the Secretary upon completion of such review. The Corporation shall monitor the equal employment opportunity practices of each recipient throughout the duration of the grant or contract.
(C) The provisions of subparagraph (A) and subparagraph (B) shall take effect on the effective date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A).
(4) Based upon its responsibilities under paragraph (3), the Corporation shall provide an annual report for the preceding fiscal year ending September 30 to the Secretary on or before the 15th day of February of each year. The report shall contain information in the form required by the Secretary. The Corporation shall 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.
(June 19, 1934, ch. 652, title III, §398, formerly §397, as added
Editorial Notes
References in Text
This part, referred to in subsecs. (a) and (b)(5), commences with
This chapter, referred to in subsec. (a), was in the original "this Act", meaning act June 19, 1934, ch. 652,
Subpart C, referred to in subsec. (b)(1), (3)(A), was redesignated subpart D by
Amendments
2018—Subsec. (b)(4).
1988—Subsec. (b)(1).
1978—
1967—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
1 See References in Text note below.
§399. Support of political candidates prohibited
No noncommercial educational broadcasting station may support or oppose any candidate for political office.
(June 19, 1934, ch. 652, title III, §399, as added
Editorial Notes
Amendments
1988—
1981—
1976—Subsec. (b)(5).
1973—
§399a. Use of business or institutional logograms
(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.
(June 19, 1934, ch. 652, title III, §399A, as added
§399b. Offering of certain services, facilities, or products by public broadcast station
(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) may not use any funds distributed by the Corporation under
(d) Development of accounting system
Each public broadcast station which engages in the activity specified in subsection (b)(1) 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.
(June 19, 1934, ch. 652, title III, §399B, as added