-CITE-
    47 USC CHAPTER 5 - WIRE OR RADIO COMMUNICATION              01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION

-HEAD-
                  CHAPTER 5 - WIRE OR RADIO COMMUNICATION              

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    151.        Purposes of chapter; Federal Communications Commission
                 created.                                             
    152.        Application of chapter.                               
    153.        Definitions.                                          
    154.        Federal Communications Commission.                    
                  (a)  Number of commissioners; appointment.          
                  (b)  Qualifications.                                
                  (c)  Terms of office; vacancies.                    
                  (d)  Compensation of Commission members.            
                  (e)  Principal office; special sessions.            
                  (f)  Employees and assistants; compensation of
                        members of Field Engineering and Monitoring
                        Bureau; use of amateur volunteers for certain
                        purposes; commercial radio operator
                        examinations.                                 
                  (g)  Expenditures.                                  
                  (h)  Quorum; seal.                                  
                  (i)  Duties and powers.                             
                  (j)  Conduct of proceedings; hearings.              
                  (k)  Annual reports to Congress.                    
                  (l)  Record of reports.                             
                  (m)  Publication of reports; admissibility as
                        evidence.                                     
                  (n)  Compensation of appointees.                    
                  (o)  Use of communications in safety of life and
                        property.                                     
    155.        Commission.                                           
                  (a)  Chairman; duties; vacancy.                     
                  (b)  Organization of staff.                         
                  (c)  Delegation of functions; exceptions to initial
                        orders; force, effect and enforcement of
                        orders; administrative and judicial review;
                        qualifications and compensation of delegates;
                        assignment of cases; separation of review and
                        investigative or prosecuting functions;
                        secretary; seal.                              
                  (d)  Meetings.                                      
                  (e)  Managing Director; appointment, functions, pay.
    156.        Authorization of appropriations.                      
    157.        New technologies and services.                        
    158.        Application fees.                                     
                  (a)  Assessment and collection.                     
                  (b)  Review and adjustment of Schedule by
                        Commission; notification to Congress; judicial
                        review.                                       
                  (c)  Additional application fee; assessment as
                        penalty; amount; dismissal of application or
                        other filing.                                 
                  (d)  Inapplicability of application fees to certain
                        radio services; waiver or deferment of
                        payment.                                      
                  (e)  Deposit of moneys in general fund;
                        reimbursement of United States for
                        administration of chapter.                    
                  (f)  Rules and regulations.                         
                  (g)  Schedule of Application Fees.                  
    159.        Regulatory fees.                                      
                  (a)  General authority.                             
                  (b)  Establishment and adjustment of regulatory
                        fees.                                         
                  (c)  Enforcement.                                   
                  (d)  Waiver, reduction, and deferment.              
                  (e)  Deposit of collections.                        
                  (f)  Regulations.                                   
                  (g)  Schedule.                                      
                  (h)  Exceptions.                                    
                  (i)  Accounting system.                             
    160.        Competition in provision of telecommunications
                 service.                                             
                  (a)  Regulatory flexibility.                        
                  (b)  Competitive effect to be weighed.              
                  (c)  Petition for forbearance.                      
                  (d)  Limitation.                                    
                  (e)  State enforcement after Commission forbearance.
    161.        Regulatory reform.                                    
                  (a)  Biennial review of regulations.                
                  (b)  Effect of determination.                       

                      SUBCHAPTER II - COMMON CARRIERS                  

                    PART I - COMMON CARRIER REGULATION                
    201.        Service and charges.                                  
    202.        Discriminations and preferences.                      
                  (a)  Charges, services, etc.                        
                  (b)  Charges or services included.                  
                  (c)  Penalty.                                       
    203.        Schedules of charges.                                 
                  (a)  Filing; public display.                        
                  (b)  Changes in schedule; discretion of Commission
                        to modify requirements.                       
                  (c)  Overcharges and rebates.                       
                  (d)  Rejection or refusal.                          
                  (e)  Penalty for violations.                        
    204.        Hearings on new charges; suspension pending hearing;
                 refunds; duration of hearing; appeal of order
                 concluding hearing.                                  
    205.        Commission authorized to prescribe just and reasonable
                 charges; penalties for violations.                   
    206.        Carriers' liability for damages.                      
    207.        Recovery of damages.                                  
    208.        Complaints to Commission; investigations; duration of
                 investigation; appeal of order concluding
                 investigation.                                       
    209.        Orders for payment of money.                          
    210.        Franks and passes; free service to governmental
                 agencies in connection with national defense.        
    211.        Contracts of carriers; filing with Commission.        
    212.        Interlocking directorates; officials dealing in
                 securities.                                          
    213.        Valuation of property of carrier.                     
                  (a)  Hearing.                                       
                  (b)  Inventory.                                     
                  (c)  Original cost.                                 
                  (d)  Easement, license or franchise.                
                  (e)  Improvements; changes in condition.            
                  (f)  Additional information; access to records and
                        data.                                         
                  (g)  State commissions.                             
    214.        Extension of lines or discontinuance of service;
                 certificate of public convenience and necessity.     
                  (a)  Exceptions; temporary or emergency service or
                        discontinuance of service; changes in plant,
                        operation or equipment.                       
                  (b)  Notification of Secretary of Defense, Secretary
                        of State, and State Governor.                 
                  (c)  Approval or disapproval; injunction.           
                  (d)  Order of Commission; hearing; penalty.         
                  (e)  Provision of universal service.                
    215.        Examination of transactions relating to furnishing of
                 services, equipment, etc.; reports to Congress.      
                  (a)  Access to records and documents.               
                  (b)  Wire telephone and telegraph services.         
                  (c)  Exclusive dealing contracts.                   
    216.        Receivers and trustees; application of chapter.       
    217.        Agents' acts and omissions; liability of carrier.     
    218.        Management of business; inquiries by Commission.      
    219.        Reports by carriers; contents and requirements
                 generally.                                           
    220.        Accounts, records, and memoranda.                     
                  (a)  Forms.                                         
                  (b)  Depreciation charges.                          
                  (c)  Access to information; burden of proof; use of
                        independent auditors.                         
                  (d)  Penalty for failure to comply.                 
                  (e)  False entry; destruction; penalty.             
                  (f)  Confidentiality of information.                
                  (g)  Use of other forms; alterations in prescribed
                        forms.                                        
                  (h)  Exemption; regulation by State commission.     
                  (i)  Consultation with State commissions.           
                  (j)  Report to Congress on need for further
                        legislation.                                  
    221.        Consolidations and mergers of telephone companies.    
                  (a)  Repealed.                                      
                  (b)  State jurisdiction over services.              
                  (c)  Determination of property used in interstate
                        toll service.                                 
                  (d)  Valuation of property.                         
    222.        Privacy of customer information.                      
                  (a)  In general.                                    
                  (b)  Confidentiality of carrier information.        
                  (c)  Confidentiality of customer proprietary network
                        information.                                  
                  (d)  Exceptions.                                    
                  (e)  Subscriber list information.                   
                  (f)  Authority to use wireless location information.
                  (g)  Subscriber listed and unlisted information for
                        emergency services.                           
                  (h)  Definitions.                                   
    223.        Obscene or harassing telephone calls in the District
                 of Columbia or in interstate or foreign
                 communications.                                      
                  (a)  Prohibited acts generally.                     
                  (b)  Prohibited acts for commercial purposes;
                        defense to prosecution.                       
                  (c)  Restriction on access to subscribers by common
                        carriers; judicial remedies respecting
                        restrictions.                                 
                  (d)  Sending or displaying offensive material to
                        persons under 18.                             
                  (e)  Defenses.                                      
                  (f)  Violations of law required; commercial
                        entities, nonprofit libraries, or institutions
                        of higher education.                          
                  (g)  Application and enforcement of other Federal
                        law.                                          
                  (h)  Definitions.                                   
    224.        Pole attachments.                                     
                  (a)  Definitions.                                   
                  (b)  Authority of Commission to regulate rates,
                        terms, and conditions; enforcement powers;
                        promulgation of regulations.                  
                  (c)  State regulatory authority over rates, terms,
                        and conditions; preemption; certification;
                        circumstances constituting State regulation.  
                  (d)  Determination of just and reasonable rates;
                        "usable space" defined.                       
                  (e)  Regulations governing charges; apportionment of
                        costs of providing space.                     
                  (f)  Nondiscriminatory access.                      
                  (g)  Imputation to costs of pole attachment rate.   
                  (h)  Modification or alteration of pole, duct,
                        conduit, or right-of-way.                     
                  (i)  Costs of rearranging or replacing attachment.  
    225.        Telecommunications services for hearing-impaired and
                 speech-impaired individuals.                         
                  (a)  Definitions.                                   
                  (b)  Availability of telecommunications relay
                        services.                                     
                  (c)  Provision of services.                         
                  (d)  Regulations.                                   
                  (e)  Enforcement.                                   
                  (f)  Certification.                                 
                  (g)  Complaint.                                     
    226.        Telephone operator services.                          
                  (a)  Definitions.                                   
                  (b)  Requirements for providers of operator
                        services.                                     
                  (c)  Requirements for aggregators.                  
                  (d)  General rulemaking required.                   
                  (e)  Separate rulemaking on access and compensation.
                  (f)  Technological capability of equipment.         
                  (g)  Fraud.                                         
                  (h)  Determinations of rate compliance.             
                  (i)  Statutory construction.                        
    227.        Restrictions on use of telephone equipment.           
                  (a)  Definitions.                                   
                  (b)  Restrictions on use of automated telephone
                        equipment.                                    
                  (c)  Protection of subscriber privacy rights.       
                  (d)  Technical and procedural standards.            
                  (e)  Effect on State law.                           
                  (f)  Actions by States.                             
                  (g)  Junk fax enforcement report.                   
    228.        Regulation of carrier offering of pay-per-call
                 services.                                            
                  (a)  Purpose.                                       
                  (b)  General authority for regulations.             
                  (c)  Common carrier obligations.                    
                  (d)  Billing and collection practices.              
                  (e)  Liability.                                     
                  (f)  Special provisions.                            
                  (g)  Effect on other law.                           
                  (h)  Effect on dial-a-porn prohibitions.            
                  (i)  "Pay-per-call services" defined.               
    229.        Communications Assistance for Law Enforcement Act
                 compliance.                                          
                  (a)  In general.                                    
                  (b)  Systems security and integrity.                
                  (c)  Commission review of compliance.               
                  (d)  Penalties.                                     
                  (e)  Cost recovery for Communications Assistance for
                        Law Enforcement Act compliance.               
    230.        Protection for private blocking and screening of
                 offensive material.                                  
                  (a)  Findings.                                      
                  (b)  Policy.                                        
                  (c)  Protection for "Good Samaritan" blocking and
                        screening of offensive material.              
                  (d)  Obligations of interactive computer service.   
                  (e)  Effect on other laws.                          
                  (f)  Definitions.                                   
    231.        Restriction of access by minors to materials
                 commercially distributed by means of World Wide Web
                 that are harmful to minors.                          
                  (a)  Requirement to restrict access.                
                  (b)  Inapplicability of carriers and other service
                        providers.                                    
                  (c)  Affirmative defense.                           
                  (d)  Privacy protection requirements.               
                  (e)  Definitions.                                   

               PART II - DEVELOPMENT OF COMPETITIVE MARKETS           
    251.        Interconnection.                                      
                  (a)  General duty of telecommunications carriers.   
                  (b)  Obligations of all local exchange carriers.    
                  (c)  Additional obligations of incumbent local
                        exchange carriers.                            
                  (d)  Implementation.                                
                  (e)  Numbering administration.                      
                  (f)  Exemptions, suspensions, and modifications.    
                  (g)  Continued enforcement of exchange access and
                        interconnection requirements.                 
                  (h)  "Incumbent local exchange carrier" defined.    
                  (i)  Savings provision.                             
    252.        Procedures for negotiation, arbitration, and approval
                 of agreements.                                       
                  (a)  Agreements arrived at through negotiation.     
                  (b)  Agreements arrived at through compulsory
                        arbitration.                                  
                  (c)  Standards for arbitration.                     
                  (d)  Pricing standards.                             
                  (e)  Approval by State commission.                  
                  (f)  Statements of generally available terms.       
                  (g)  Consolidation of State proceedings.            
                  (h)  Filing required.                               
                  (i)  Availability to other telecommunications
                        carriers.                                     
                  (j)  "Incumbent local exchange carrier" defined.    
    253.        Removal of barriers to entry.                         
                  (a)  In general.                                    
                  (b)  State regulatory authority.                    
                  (c)  State and local government authority.          
                  (d)  Preemption.                                    
                  (e)  Commercial mobile service providers.           
                  (f)  Rural markets.                                 
    254.        Universal service.                                    
                  (a)  Procedures to review universal service
                        requirements.                                 
                  (b)  Universal service principles.                  
                  (c)  Definition.                                    
                  (d)  Telecommunications carrier contribution.       
                  (e)  Universal service support.                     
                  (f)  State authority.                               
                  (g)  Interexchange and interstate services.         
                  (h)  Telecommunications services for certain
                        providers.                                    
                  (i)  Consumer protection.                           
                  (j)  Lifeline assistance.                           
                  (k)  Subsidy of competitive services prohibited.    
                  (l)  Internet safety policy requirement for schools
                        and libraries.                                
    255.        Access by persons with disabilities.                  
                  (a)  Definitions.                                   
                  (b)  Manufacturing.                                 
                  (c)  Telecommunications services.                   
                  (d)  Compatibility.                                 
                  (e)  Guidelines.                                    
                  (f)  No additional private rights authorized.       
    256.        Coordination for interconnectivity.                   
                  (a)  Purpose.                                       
                  (b)  Commission functions.                          
                  (c)  Commission's authority.                        
                  (d)  "Public telecommunications network
                        interconnectivity" defined.                   
    257.        Market entry barriers proceeding.                     
                  (a)  Elimination of barriers.                       
                  (b)  National policy.                               
                  (c)  Periodic review.                               
    258.        Illegal changes in subscriber carrier selections.     
                  (a)  Prohibition.                                   
                  (b)  Liability for charges.                         
    259.        Infrastructure sharing.                               
                  (a)  Regulations required.                          
                  (b)  Terms and conditions of regulations.           
                  (c)  Information concerning deployment of new
                        services and equipment.                       
                  (d)  "Qualifying carrier" defined.                  
    260.        Provision of telemessaging service.                   
                  (a)  Nondiscrimination safeguards.                  
                  (b)  Expedited consideration of complaints.         
                  (c)  "Telemessaging service" defined.               
    261.        Effect on other requirements.                         
                  (a)  Commission regulations.                        
                  (b)  Existing State regulations.                    
                  (c)  Additional State requirements.                 

     PART III - SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES 
    271.        Bell operating company entry into interLATA services. 
                  (a)  General limitation.                            
                  (b)  InterLATA services to which this section
                        applies.                                      
                  (c)  Requirements for providing certain in-region
                        interLATA services.                           
                  (d)  Administrative provisions.                     
                  (e)  Limitations.                                   
                  (f)  Exception for previously authorized activities.
                  (g)  "Incidental interLATA services" defined.       
                  (h)  Limitations.                                   
                  (i)  Additional definitions.                        
                  (j)  Certain service applications treated as
                        in-region service applications.               
    272.        Separate affiliate; safeguards.                       
                  (a)  Separate affiliate required for competitive
                        activities.                                   
                  (b)  Structural and transactional requirements.     
                  (c)  Nondiscrimination safeguards.                  
                  (d)  Biennial audit.                                
                  (e)  Fulfillment of certain requests.               
                  (f)  Sunset.                                        
                  (g)  Joint marketing.                               
                  (h)  Transition.                                    
    273.        Manufacturing by Bell operating companies.            
                  (a)  Authorization.                                 
                  (b)  Collaboration; research and royalty agreements.
                  (c)  Information requirements.                      
                  (d)  Manufacturing limitations for standard-setting
                        organizations.                                
                  (e)  Bell operating company equipment procurement
                        and sales.                                    
                  (f)  Administration and enforcement authority.      
                  (g)  Additional rules and regulations.              
                  (h)  "Manufacturing" defined.                       
    274.        Electronic publishing by Bell operating companies.    
                  (a)  Limitations.                                   
                  (b)  Separated affiliate or electronic publishing
                        joint venture requirements.                   
                  (c)  Joint marketing.                               
                  (d)  Bell operating company requirement.            
                  (e)  Private right of action.                       
                  (f)  Separated affiliate reporting requirement.     
                  (g)  Effective dates.                               
                  (h)  "Electronic publishing" defined.               
                  (i)  Additional definitions.                        
    275.        Alarm monitoring services.                            
                  (a)  Delayed entry into alarm monitoring.           
                  (b)  Nondiscrimination.                             
                  (c)  Expedited consideration of complaints.         
                  (d)  Use of data.                                   
                  (e)  "Alarm monitoring service" defined.            
    276.        Provision of payphone service.                        
                  (a)  Nondiscrimination safeguards.                  
                  (b)  Regulations.                                   
                  (c)  State preemption.                              
                  (d)  "Payphone service" defined.                    

           SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO       

                        PART I - GENERAL PROVISIONS                    
    301.        License for radio communication or transmission of
                 energy.                                              
    302.        Repealed.                                             
    302a.       Devices which interfere with radio reception.         
                  (a)  Regulations.                                   
                  (b)  Restrictions.                                  
                  (c)  Exceptions.                                    
                  (d)  Cellular telecommunications receivers.         
                  (e)  Delegation of equipment testing and
                        certification to private laboratories.        
                  (f)  State and local enforcement of FCC regulations
                        on use of citizens band radio equipment.      
    303.        Powers and duties of Commission.                      
    303a.       Standards for children's television programming.      
                  (a)  Establishment.                                 
                  (b)  Advertising duration limitations.              
                  (c)  Review of advertising duration limitations;
                        modification.                                 
                  (d)  "Commercial television broadcast licensee"
                        defined.                                      
    303b.       Consideration of children's television service in
                 broadcast license renewal.                           
    303c.       Television program improvement.                       
                  (a)  Short title.                                   
                  (b)  Definitions.                                   
                  (c)  Exemption.                                     
                  (d)  Limitations.                                   
    304.        Waiver by license of claims to particular frequency or
                 of electromagnetic spectrum.                         
    305.        Government owned stations.                            
                  (a)  Frequencies; compliance with regulations;
                        stations on vessels.                          
                  (b)  Call letters.                                  
                  (c)  Stations operated by foreign governments.      
    306.        Foreign ships; application of section 301.            
    307.        Licenses.                                             
                  (a)  Grant.                                         
                  (b)  Allocation of facilities.                      
                  (c)  Terms of licenses.                             
                  (d)  Renewals.                                      
                  (e)  Operation of certain radio stations without
                        individual licenses.                          
                  (f)  Areas in Alaska without access to over the air
                        broadcasts.                                   
    308.        Requirements for license.                             
                  (a)  Writing; exceptions.                           
                  (b)  Conditions.                                    
                  (c)  Commercial communication.                      
                  (d)  Summary of complaints.                         
    309.        Application for license.                              
                  (a)  Considerations in granting application.        
                  (b)  Time of granting application.                  
                  (c)  Applications not affected by subsection (b).   
                  (d)  Petition to deny application; time; contents;
                        reply; findings.                              
                  (e)  Hearings; intervention; evidence; burden of
                        proof.                                        
                  (f)  Temporary authorization of temporary operations
                        under subsection (b).                         
                  (g)  Classification of applications.                
                  (h)  Form and conditions of station licenses.       
                  (i)  Random selection.                              
                  (j)  Use of competitive bidding.                    
                  (k)  Broadcast station renewal procedures.          
                  (l)  Applicability of competitive bidding to pending
                        comparative licensing cases.                  
    310.        License ownership restrictions.                       
                  (a)  Grant to or holding by foreign government or
                        representative.                               
                  (b)  Grant to or holding by alien or representative,
                        foreign corporation, etc.                     
                  (c)  Authorization for aliens licensed by foreign
                        governments; multilateral or bilateral
                        agreement to which United States and foreign
                        country are parties as prerequisite.          
                  (d)  Assignment and transfer of construction permit
                        or station license.                           
                  (e)  Administration of regional concentration rules
                        for broadcast stations.                       
    311.        Requirements as to certain applications in
                 broadcasting service.                                
                  (a)  Notices of filing and hearing; form and
                        contents.                                     
                  (b)  Place of hearing.                              
                  (c)  Agreement between two or more applicants;
                        approval of Commission; pendency of
                        application.                                  
                  (d)  License for operation of station; agreement to
                        withdraw application; approval of Commission. 
    312.        Administrative sanctions.                             
                  (a)  Revocation of station license or construction
                        permit.                                       
                  (b)  Cease and desist orders.                       
                  (c)  Order to show cause.                           
                  (d)  Burden of proof.                               
                  (e)  Procedure for issuance of cease and desist
                        order.                                        
                  (f)  "Willful" and "repeated" defined.              
                  (g)  Limitation on silent station authorizations.   
    312a.       Revocation of operator's license used in unlawful
                 distribution of controlled substances.               
    313.        Application of antitrust laws to manufacture, sale,
                 and trade in radio apparatus.                        
                  (a)  Revocation of licenses.                        
                  (b)  Refusal of licenses and permits.               
    314.        Competition in commerce; preservation.                
    315.        Candidates for public office.                         
                  (a)  Equal opportunities requirement; censorship
                        prohibition; allowance of station use; news
                        appearances exception; public interest; public
                        issues discussion opportunities.              
                  (b)  Charges.                                       
                  (c)  Definitions.                                   
                  (d)  Rules and regulations.                         
                  (e)  Political record.                              
    316.        Modification by Commission of station licenses or
                 construction permits; burden of proof.               
    317.        Announcement of payment for broadcast.                
                  (a)  Disclosure of person furnishing.               
                  (b)  Disclosure to station of payments.             
                  (c)  Acquiring information from station employees.  
                  (d)  Waiver of announcement.                        
                  (e)  Rules and regulations.                         
    318.        Transmitting apparatus; operator's license.           
    319.        Construction permits.                                 
                  (a)  Requirements.                                  
                  (b)  Time limitation; forfeiture.                   
                  (c)  Licenses for operation.                        
                  (d)  Government, amateur, or mobile station; waiver.
    320.        Stations liable to interfere with distress signals;
                 designation and regulation.                          
    321.        Distress signals and communications; equipment on
                 vessels; regulations.                                
    322.        Exchanging radio communications between land and ship
                 stations and from ship to ship.                      
    323.        Interference between Government and commercial
                 stations.                                            
    324.        Use of minimum power.                                 
    325.        False, fraudulent, or unauthorized transmissions.     
                  (a)  False distress signals; rebroadcasting
                        programs.                                     
                  (b)  Consent to retransmission of broadcasting
                        station signals.                              
                  (c)  Broadcast to foreign countries for rebroadcast
                        to United States; permit.                     
                  (d)  Application for permit.                        
                  (e)  Enforcement proceedings against satellite
                        carriers concerning retransmissions of
                        television broadcast stations in the
                        respective local markets of such carriers.    
    326.        Censorship.                                           
    327.        Naval stations; use for commercial messages; rates.   
    328.        Repealed.                                             
    329.        Administration of radio laws in Territories and
                 possessions.                                         
    330.        Prohibition against shipment of certain television
                 receivers.                                           
    331.        Very high frequency stations and AM radio stations.   
                  (a)  Very high frequency stations.                  
                  (b)  AM radio stations.                             
    332.        Mobile services.                                      
                  (a)  Factors which Commission must consider.        
                  (b)  Advisory coordinating committees.              
                  (c)  Regulatory treatment of mobile services.       
                  (d)  Definitions.                                   
    333.        Willful or malicious interference.                    
    334.        Limitation on revision of equal employment opportunity
                 regulations.                                         
                  (a)  Limitation.                                    
                  (b)  Midterm review.                                
                  (c)  Authority to make technical revisions.         
    335.        Direct broadcast satellite service obligations.       
                  (a)  Proceeding required to review DBS
                        responsibilities.                             
                  (b)  Carriage obligations for noncommercial,
                        educational, and informational programming.   
    336.        Broadcast spectrum flexibility.                       
                  (a)  Commission action.                             
                  (b)  Contents of regulations.                       
                  (c)  Recovery of license.                           
                  (d)  Public interest requirement.                   
                  (e)  Fees.                                          
                  (f)  Preservation of low-power community television
                        broadcasting.                                 
                  (g)  Evaluation.                                    
                  (h)  Provision of digital data service by low-power
                        television stations.                          
                  (i)  Definitions.                                   
    337.        Allocation and assignment of new public safety
                 services licenses and commercial licenses.           
                  (a)  In general.                                    
                  (b)  Assignment.                                    
                  (c)  Licensing of unused frequencies for public
                        safety services.                              
                  (d)  Conditions on licenses.                        
                  (e)  Removal and relocation of incumbent broadcast
                        licensees.                                    
                  (f)  Definitions.                                   
    338.        Carriage of local television signals by satellite
                 carriers.                                            
                  (a)  Carriage obligations.                          
                  (b)  Good signal required.                          
                  (c)  Duplication not required.                      
                  (d)  Channel positioning.                           
                  (e)  Compensation for carriage.                     
                  (f)  Remedies.                                      
                  (g)  Carriage of local stations on a single dish.   
                  (h)  Additional notices to subscribers, networks,
                        and stations concerning signal carriage.      
                  (i)  Privacy rights of satellite subscribers.       
                  (j)  Regulations by Commission.                     
                  (k)  Definitions.                                   
    339.        Carriage of distant television stations by satellite
                 carriers.                                            
                  (a)  Provisions relating to carriage of distant
                        signals.                                      
                  (b)  Extension of network nonduplication, syndicated
                        exclusivity, and sports blackout to satellite
                        retransmission.                               
                  (c)  Eligibility for retransmission.                
                  (d)  Definitions.                                   
    340.        Significantly viewed signals permitted to be carried. 
                  (a)  Significantly viewed stations.                 
                  (b)  Limitations.                                   
                  (c)  Publication and modifications of lists;
                        regulations.                                  
                  (d)  Effect on other obligations and rights.        
                  (e)  Network nonduplication and syndicated
                        exclusivity.                                  
                  (f)  Enforcement.                                   
                  (g)  Notices concerning significantly viewed
                        stations.                                     
                  (h)  Additional corresponding changes in
                        regulations.                                  
                  (i)  Definitions.                                   
    341.        Carriage of television signals to certain subscribers.

        PART II - RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP    
    351.        Ship radio stations and operations.                   
    352.        Exemptions.                                           
                  (a)  Vessels excepted.                              
                  (b)  Radio station unreasonable or unnecessary.     
                  (c)  Unforeseeable equipment failures.              
                  (d)  Radio direction finding apparatus unreasonable
                        or unnecessary.                               
    353.        Radio equipment and operators.                        
                  (a)  Two radio officers required.                   
                  (b)  One radio officer required.                    
                  (c)  Required watches.                              
                  (d)  Hours of watch.                                
                  (e)  Operational status of auto alarms in open sea. 
    353a.       Operators and watches on radiotelephone equipped
                 ships.                                               
    354.        Technical requirements of equipment on radiotelegraph
                 equipped ships.                                      
    354a.       Technical requirements of equipment on radiotelephone
                 equipped ships.                                      
    355.        Survival craft.                                       
    356.        Approval of installations by Commission.              
    357.        Safety information.                                   
                  (a)  Transmission of information concerning safety
                        at sea.                                       
                  (b)  Charges for transmission of safety information.
                  (c)  Reimbursement by Commission.                   
                  (d)  Charges for transmission of distress messages. 
                  (e)  Free services.                                 
    358.        Master's control over operations.                     
    359.        Certificates of compliance; issuance, modification,
                 and cancellation.                                    
    360.        Station licenses; inspection of equipment by
                 Commission.                                          
    361.        Control by Commission; review of decisions.           
    362.        Forfeitures; recovery.                                
    363.        Automated ship distress and safety systems.           

     PART III - RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR
                                   HIRE
    381.        Vessels transporting more than six passengers for hire
                 required to be equipped with radiotelephone.         
    382.        Vessels excepted from radiotelephone requirement.     
    383.        Exemptions by Commission.                             
    384.        Authority of Commission; operations, installations,
                 and additional equipment.                            
    385.        Inspections.                                          
    386.        Forfeitures.                                          

       PART IV - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC
     TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS;
          CORPORATION FOR PUBLIC BROADCASTING; GENERAL PROVISIONS

      SUBPART A - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC
                       TELECOMMUNICATIONS FACILITIES
    390.        Declaration of purpose.                               
    391.        Authorization of appropriations.                      
    392.        Grants for construction.                              
                  (a)  Applications for grants.                       
                  (b)  Amount of grant.                               
                  (c)  Information and assurances.                    
                  (d)  Studies.                                       
                  (e)  Rules and regulations.                         
                  (f)  Minorities and women.                          
                  (g)  Recovering funds.                              
                  (h)  Recordkeeping requirements.                    
                  (i)  Accessibility of records.                      
    392a.       Repealed.                                             
    393.        Criteria for approval and expenditures by Secretary.  
                  (a)  Construction and planning grants.              
                  (b)  Basis for determination.                       
                  (c)  Noncommercial radio broadcast station
                        facilities.                                   
    393a.       Long-range planning for facilities.                   

         SUBPART B - NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL
                                TELEVISION
    394.        Establishment of National Endowment.                  
                  (a)  Purpose.                                       
                  (b)  Establishment; contracts and grants.           
                  (c)  Criteria for contracts and grants; applications
                        for contracts and grants.                     
                  (d)  Amount of grants.                              
                  (e)  Advisory Council on Children's Educational
                        Television.                                   
                  (f)  Recordkeeping relating to grants; audits.      
                  (g)  Issuance of rules and regulations.             
                  (h)  Authorization of appropriations; availability. 
                  (i)  Definitions.                                   

               SUBPART C - TELECOMMUNICATIONS DEMONSTRATIONS           
    395.        Assistance for demonstration projects.                
                  (a)  Authorization for grants and contracts.        
                  (b)  Application approval.                          
                  (c)  Contract with applicant.                       
                  (d)  Use of funds.                                  
                  (e)  "Nonbroadcast telecommunications facilities"
                        defined.                                      
                  (f)  Funding.                                       
                  (g)  Summary and evaluation.                        
                  (h)  Recordkeeping requirements; accessibility.     
                  (i)  Rules and regulations.                         
                  (j)  Assistance.                                    
                  (k)  Authorization of appropriations.               

              SUBPART D - CORPORATION FOR PUBLIC BROADCASTING          
    396.        Corporation for Public Broadcasting.                  
                  (a)  Congressional declaration of policy.           
                  (b)  Establishment of Corporation; application of
                        District of Columbia Nonprofit Corporation
                        Act.                                          
                  (c)  Board of Directors; functions, duties, etc.    
                  (d)  Election of Chairman and Vice Chairman;
                        compensation of Board members.                
                  (e)  Officers and employees; term of office,
                        compensation, qualifications, and removal;
                        political party affiliation, political test or
                        qualification when taking personnel actions.  
                  (f)  Nonprofit and nonpolitical nature of
                        Corporation.                                  
                  (g)  Purposes and activities of Corporation; powers
                        under District of Columbia Nonprofit
                        Corporation Act.                              
                  (h)  Free or reduced rate interconnection service;
                        access to facilities.                         
                  (i)  Report to Congress.                            
                  (j)  Repeal, alteration, or amendment.              
                  (k)  Financing restrictions.                        
                  (l)  Financial management and records.              
                  (m)  Needs of minorities and other groups.          

                      SUBPART E - GENERAL PROVISIONS                  
    397.        Definitions.                                          
    398.        Federal interference or control.                      
                  (a)  Prohibition.                                   
                  (b)  Equal opportunity employment.                  
                  (c)  Control over content or distribution of
                        programs.                                     
    399.        Support of political candidates prohibited.           
    399a.       Use of business or institutional logograms.           
                  (a)  "Business or institutional logogram" defined.  
                  (b)  Permitted uses.                                
                  (c)  Authority of Commission not limited.           
    399b.       Offering of certain services, facilities, or products
                 by public broadcast station.                         
                  (a)  "Advertisement" defined.                       
                  (b)  Offering of services, facilities, or products
                        permitted; advertisements prohibited.         
                  (c)  Use of funds from offering services, etc.      
                  (d)  Development of accounting system.              

         SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS     
    401.        Enforcement provisions.                               
                  (a)  Jurisdiction.                                  
                  (b)  Orders of Commission.                          
                  (c)  Duty to prosecute.                             
    402.        Judicial review of Commission's orders and decisions. 
                  (a)  Procedure.                                     
                  (b)  Right to appeal.                               
                  (c)  Filing notice of appeal; contents;
                        jurisdiction; temporary orders.               
                  (d)  Notice to interested parties; filing of record.
                  (e)  Intervention.                                  
                  (f)  Records and briefs.                            
                  (g)  Time of hearing; procedure.                    
                  (h)  Remand.                                        
                  (i)  Judgment for costs.                            
                  (j)  Finality of decision; review by Supreme Court. 
    403.        Inquiry by Commission on its own motion.              
    404.        Reports of investigations.                            
    405.        Petition for reconsideration; procedure; disposition;
                 time of filing; additional evidence; time for
                 disposition of petition for reconsideration of order
                 concluding hearing or investigation; appeal of order.
    406.        Compelling furnishing of facilities; mandamus;
                 jurisdiction.                                        
    407.        Order for payment of money; petition for enforcement;
                 procedure; order of Commission as prima facie
                 evidence; costs; attorneys' fees.                    
    408.        Order not for payment of money; when effective.       
    409.        Hearings.                                             
                  (a)  Filing of initial decisions; exceptions.       
                  (b)  Exceptions to initial decisions; memoranda;
                        determination of Commission or authority
                        within Commission; prohibition against
                        consideration of own decision.                
                  (c)  Notice and opportunity for participation by
                        parties; applicability of administrative
                        procedure provisions.                         
                  (d)  Applicability of administrative procedure
                        provisions.                                   
                  (e)  Subpenas; witnesses; production of documents;
                        fees and mileage.                             
                  (f)  Designated place of hearing; aid in enforcement
                        of orders.                                    
                  (g)  Contempts.                                     
                  (h)  Depositions.                                   
                  (i)  Oaths; testimony in writing.                   
                  (j)  Foreign depositions.                           
                  (k)  Deposition fees.                               
                  (l)  Repealed.                                      
                  (m)  Penalties.                                     
    410.        Joint boards and commissions.                         
                  (a)  State joint boards; reference of communication
                        matters; composition; jurisdiction, powers,
                        duties, and obligations; conduct of
                        proceedings; force and effect of joint board
                        action; members: nomination, appointment, and
                        rejection; allowances for expenses.           
                  (b)  State commissions; conferences with Commission
                        regarding matters of carriers subject to their
                        jurisdiction; joint hearings; cooperation with
                        Commission.                                   
                  (c)  Federal-State Joint Board; reference of
                        proceedings regarding jurisdictional
                        separation of common carrier property and
                        expenses between interstate and intrastate
                        operations and other matters relating to
                        common carrier communications of joint
                        concern; jurisdiction, powers, duties, and
                        obligations; recommendation of decisions;
                        State members; presence at oral arguments and
                        nonvoting participation in deliberations;
                        composition; Chairman.                        
    411.        Joinder of parties.                                   
    412.        Documents filed with Commission as public records;
                 prima facie evidence; confidential records.          
    413.        Designation of agent for service; method of service.  
    414.        Exclusiveness of chapter.                             
    415.        Limitations of actions.                               
                  (a)  Recovery of charges by carrier.                
                  (b)  Recovery of damages.                           
                  (c)  Recovery of overcharges.                       
                  (d)  Extension.                                     
                  (e)  Accrual of cause of action for transmission of
                        message.                                      
                  (f)  Enforcement petition.                          
                  (g)  "Overcharges" defined.                         
    416.        Orders of Commission.                                 
                  (a)  Service.                                       
                  (b)  Suspension or modification.                    
                  (c)  Compliance.                                    

               SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES           
    501.        General penalty.                                      
    502.        Violation of rules, regulations, etc.                 
    503.        Forfeitures.                                          
                  (a)  Rebates and offsets.                           
                  (b)  Activities constituting violations authorizing
                        imposition of forfeiture penalty; amount of
                        penalty; procedures applicable; persons
                        subject to penalty; liability exemption
                        period.                                       
    504.        Forfeitures.                                          
                  (a)  Recovery.                                      
                  (b)  Remission and mitigation.                      
                  (c)  Use of notice of apparent liability.           
    505.        Venue of trials.                                      
    506.        Repealed.                                             
    507.        Violation of Great Lakes Agreement.                   
    508.        Disclosure of payments to individuals connected with
                 broadcasts.                                          
                  (a)  Payments to station employees.                 
                  (b)  Production or preparation of programs.         
                  (c)  Supplying of program or program matter.        
                  (d)  Waiver of announcements under section 317(d).  
                  (e)  Announcement under section 317 as sufficient
                        disclosure.                                   
                  (f)  "Service or other valuable consideration"
                        defined.                                      
                  (g)  Penalties.                                     
    509.        Prohibited practices in contests of knowledge, skill,
                 or chance.                                           
                  (a)  Influencing, prearranging, or predetermining
                        outcome.                                      
                  (b)  "Contest" and "the listening or viewing public"
                        defined.                                      
                  (c)  Penalties.                                     
    510.        Forfeiture of communications devices.                 
                  (a)  Violation with willful and knowing intent.     
                  (b)  Seizure.                                       
                  (c)  Laws applicable to seizure and forfeiture.     
                  (d)  Disposition of forfeited property.             

                   SUBCHAPTER V-A - CABLE COMMUNICATIONS               

                        PART I - GENERAL PROVISIONS                    
    521.        Purposes.                                             
    522.        Definitions.                                          

     PART II - USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS 
    531.        Cable channels for public, educational, or
                 governmental use.                                    
                  (a)  Authority to establish requirements with
                        respect to designation or use of channel
                        capacity.                                     
                  (b)  Authority to require designation for public,
                        educational, or governmental use.             
                  (c)  Enforcement authority.                         
                  (d)  Promulgation of rules and procedures.          
                  (e)  Editorial control by cable operator.           
                  (f)  "Institutional network" defined.               
    532.        Cable channels for commercial use.                    
                  (a)  Purpose.                                       
                  (b)  Designation of channel capacity for commercial
                        use.                                          
                  (c)  Use of channel capacity by unaffiliated
                        persons; editorial control; restriction on
                        service; rules on rates, terms, and
                        conditions.                                   
                  (d)  Right of action in district court; relief;
                        factors not to be considered by court.        
                  (e)  Petition to Commission; relief.                
                  (f)  Presumption of reasonableness and good faith.  
                  (g)  Promulgation of rules.                         
                  (h)  Cable service unprotected by Constitution.     
                  (i)  Programming from qualified minority or
                        educational programming sources.              
                  (j)  Single channel access to indecent programming. 
    533.        Ownership restrictions.                               
                  (a)  Cable operator holding license for multichannel
                        distribution or offering satellite service.   
                  (b)  Repealed.                                      
                  (c)  Promulgation of rules.                         
                  (d)  Regulation of ownership by States or
                        franchising authorities.                      
                  (e)  Holding of ownership interests or exercise of
                        editorial control by States or franchising
                        authorities.                                  
                  (f)  Enhancement of effective competition.          
                  (g)  Combination of interests under prior law.      
                  (h)  "Media of mass communications" defined.        
    534.        Carriage of local commercial television signals.      
                  (a)  Carriage obligations.                          
                  (b)  Signals required.                              
                  (c)  Low power station carriage obligation.         
                  (d)  Remedies.                                      
                  (e)  Input selector switch rules abolished.         
                  (f)  Regulations by Commission.                     
                  (g)  Sales presentations and program length
                        commercials.                                  
                  (h)  Definitions.                                   
    535.        Carriage of noncommercial educational television.     
                  (a)  Carriage obligations.                          
                  (b)  Requirements to carry qualified stations.      
                  (c)  Continued carriage of existing stations.       
                  (d)  Placement of additional signals.               
                  (e)  Systems with more than 36 channels.            
                  (f)  Waiver of nonduplication rights.               
                  (g)  Conditions of carriage.                        
                  (h)  Availability of signals.                       
                  (i)  Payment for carriage prohibited.               
                  (j)  Remedies.                                      
                  (k)  Identification of signals.                     
                  (l)  Definitions.                                   
    536.        Regulation of carriage agreements.                    
                  (a)  Regulations.                                   
                  (b)  "Video programming vendor" defined.            
    537.        Sales of cable systems.                               

                   PART III - FRANCHISING AND REGULATION               
    541.        General franchise requirements.                       
                  (a)  Authority to award franchises; public
                        rights-of-way and easements; equal access to
                        service; time for provision of service;
                        assurances.                                   
                  (b)  No cable service without franchise; exception
                        under prior law.                              
                  (c)  Status of cable system as common carrier or
                        utility.                                      
                  (d)  Informational tariffs; regulation by States;
                        "State" defined.                              
                  (e)  State regulation of facilities serving
                        subscribers in multiple dwelling units.       
                  (f)  Local or municipal authority as multichannel
                        video programming distributor.                
    542.        Franchise fees.                                       
                  (a)  Payment under terms of franchise.              
                  (b)  Amount of fees per annum.                      
                  (c)  Itemization of subscriber bills.               
                  (d)  Court actions; reflection of costs in rate
                        structures.                                   
                  (e)  Decreases passed through to subscribers.       
                  (f)  Itemization of franchise fee in bill.          
                  (g)  "Franchise fee" defined.                       
                  (h)  Uncompensated services; taxes, fees and other
                        assessments; limitation on fees.              
                  (i)  Regulatory authority of Federal agencies.      
    543.        Regulation of rates.                                  
                  (a)  Competition preference; local and Federal
                        regulation.                                   
                  (b)  Establishment of basic service tier rate
                        regulations.                                  
                  (c)  Regulation of unreasonable rates.              
                  (d)  Uniform rate structure required.               
                  (e)  Discrimination; services for the hearing
                        impaired.                                     
                  (f)  Negative option billing prohibited.            
                  (g)  Collection of information.                     
                  (h)  Prevention of evasions.                        
                  (i)  Small system burdens.                          
                  (j)  Rate regulation agreements.                    
                  (k)  Reports on average prices.                     
                  (l)  Definitions.                                   
                  (m)  Special rules for small companies.             
                  (n)  Treatment of prior year losses.                
    544.        Regulation of services, facilities, and equipment.    
                  (a)  Regulation by franchising authority.           
                  (b)  Requests for proposals; establishment and
                        enforcement of requirements.                  
                  (c)  Enforcement authority respecting franchises
                        effective under prior law.                    
                  (d)  Cable service unprotected by Constitution;
                        blockage of premium channel upon request.     
                  (e)  Technical standards.                           
                  (f)  Limitation on regulatory powers of Federal
                        agencies, States, or franchising authorities;
                        exceptions.                                   
                  (g)  Access to emergency information.               
                  (h)  Notice of changes in and comments on services. 
                  (i)  Disposition of cable upon termination of
                        service.                                      
    544a.       Consumer electronics equipment compatibility.         
                  (a)  Findings.                                      
                  (b)  Compatible interfaces.                         
                  (c)  Rulemaking requirements.                       
                  (d)  Review of regulations.                         
    545.        Modification of franchise obligations.                
                  (a)  Grounds for modification by franchising
                        authority; public proceeding; time of
                        decision.                                     
                  (b)  Judicial proceedings; grounds for modification
                        by court.                                     
                  (c)  Rearrangement, replacement, or removal of
                        service.                                      
                  (d)  Rearrangement of particular services from one
                        service tier to another or other offering of
                        service.                                      
                  (e)  Requirements for services relating to public,
                        educational, or governmental access.          
                  (f)  "Commercially impracticable" defined.          
    546.        Renewal.                                              
                  (a)  Commencement of proceedings; public notice and
                        participation.                                
                  (b)  Submission of renewal proposals; contents;
                        time.                                         
                  (c)  Notice of proposal; renewal; preliminary
                        assessment of nonrenewal; administrative
                        review; issues; notice and opportunity for
                        hearing; transcript; written decision.        
                  (d)  Basis for denial.                              
                  (e)  Judicial review; grounds for relief.           
                  (f)  Finality of administrative decision.           
                  (g)  "Franchise expiration" defined.                
                  (h)  Alternative renewal procedures.                
                  (i)  Effect of renewal procedures upon action to
                        revoke franchise for cause.                   
    547.        Conditions of sale.                                   
    548.        Development of competition and diversity in video
                 programming distribution.                            
                  (a)  Purpose.                                       
                  (b)  Prohibition.                                   
                  (c)  Regulations required.                          
                  (d)  Adjudicatory proceeding.                       
                  (e)  Remedies for violations.                       
                  (f)  Procedures.                                    
                  (g)  Reports.                                       
                  (h)  Exemptions for prior contracts.                
                  (i)  Definitions.                                   
                  (j)  Common carriers.                               
    549.        Competitive availability of navigation devices.       
                  (a)  Commercial consumer availability of equipment
                        used to access services provided by
                        multichannel video programming distributors.  
                  (b)  Protection of system security.                 
                  (c)  Waiver.                                        
                  (d)  Avoidance of redundant regulations.            
                  (e)  Sunset.                                        
                  (f)  Commission's authority.                        

                    PART IV - MISCELLANEOUS PROVISIONS                
    551.        Protection of subscriber privacy.                     
                  (a)  Notice to subscriber regarding personally
                        identifiable information; definitions.        
                  (b)  Collection of personally identifiable
                        information using cable system.               
                  (c)  Disclosure of personally identifiable
                        information.                                  
                  (d)  Subscriber access to information.              
                  (e)  Destruction of information.                    
                  (f)  Civil action in United States district court;
                        damages; attorney's fees and costs;
                        nonexclusive nature of remedy.                
                  (g)  Regulation by States or franchising
                        authorities.                                  
                  (h)  Disclosure of information to governmental
                        entity pursuant to court order.               
    552.        Consumer protection and customer service.             
                  (a)  Franchising authority enforcement.             
                  (b)  Commission standards.                          
                  (c)  Subscriber notice.                             
                  (d)  Consumer protection laws and consumer service
                        agreements.                                   
    553.        Unauthorized reception of cable service.              
                  (a)  Unauthorized interception or receipt or
                        assistance in intercepting or receiving
                        service; "assist in intercepting or receiving"
                        defined.                                      
                  (b)  Penalties for willful violation.               
                  (c)  Civil action in district court; injunctions;
                        damages; attorney's fees and costs; regulation
                        by States or franchising authorities.         
    554.        Equal employment opportunity.                         
                  (a)  Entities within scope of coverage.             
                  (b)  Discrimination prohibited.                     
                  (c)  Equal opportunity programs; establishment;
                        maintenance; execution; terms.                
                  (d)  Revision of rules; required provisions; annual
                        statistical report; notice and comment on
                        amendments.                                   
                  (e)  Annual certification of compliance; periodic
                        investigation of employment practices.        
                  (f)  Substantial failure to comply; penalties;
                        notice to public and franchising authorities. 
                  (g)  Discrimination complaints; investigation;
                        enforcement.                                  
                  (h)  "Cable operator" defined; owners of multiple
                        unit dwellings.                               
                  (i)  Regulatory powers of States and franchising
                        authorities; nonexclusive nature of remedies
                        and enforcement provisions; covered
                        franchises.                                   
    555.        Judicial proceedings.                                 
                  (a)  Actions to review determinations by franchising
                        authorities.                                  
                  (b)  Available relief.                              
                  (c)  Review of constitutionality of sections 534 and
                        535.                                          
    555a.       Limitation of franchising authority liability.        
                  (a)  Suits for damages prohibited.                  
                  (b)  Exception for completed cases.                 
                  (c)  Discrimination claims permitted.               
                  (d)  Rule of construction.                          
    556.        Coordination of Federal, State, and local authority.  
                  (a)  Regulation by States, political subdivisions,
                        State and local agencies, and franchising
                        authorities.                                  
                  (b)  State jurisdiction with regard to cable
                        services.                                     
                  (c)  Preemption.                                    
                  (d)  "State" defined.                               
    557.        Existing franchises.                                  
    558.        Criminal and civil liability.                         
    559.        Obscene programming.                                  
    560.        Scrambling of cable channels for nonsubscribers.      
                  (a)  Subscriber request.                            
                  (b)  "Scramble" defined.                            
    561.        Scrambling of sexually explicit adult video service
                 programming.                                         
                  (a)  Requirement.                                   
                  (b)  Implementation.                                
                  (c)  "Scramble" defined.                            

    PART V - VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES
    571.        Regulatory treatment of video programming services.   
                  (a)  Limitations on cable regulation.               
                  (b)  Limitations on interconnection obligations.    
                  (c)  Additional regulatory relief.                  
    572.        Prohibition on buy outs.                              
                  (a)  Acquisitions by carriers.                      
                  (b)  Acquisitions by cable operators.               
                  (c)  Joint ventures.                                
                  (d)  Exceptions.                                    
                  (e)  "Telephone service area" defined.              
    573.        Establishment of open video systems.                  
                  (a)  Open video systems.                            
                  (b)  Commission actions.                            
                  (c)  Reduced regulatory burdens for open video
                        systems.                                      
                  (d)  "Telephone service area" defined.              

                 SUBCHAPTER VI - MISCELLANEOUS PROVISIONS             
    601.        Interstate Commerce Commission and Postmaster General;
                 duties, powers, and functions transferred to
                 Commission.                                          
    602, 603.   Repealed.                                             
    604.        Effect of transfer.                                   
                  (a)  Orders, determinations, rules, regulations,
                        permits, contracts, licenses, and privileges. 
                  (b)  Availability of records.                       
    605.        Unauthorized publication or use of communications.    
                  (a)  Practices prohibited.                          
                  (b)  Exceptions.                                    
                  (c)  Scrambling of Public Broadcasting Service
                        programming.                                  
                  (d)  Definitions.                                   
                  (e)  Penalties; civil actions; remedies; attorney's
                        fees and costs; computation of damages;
                        regulation by State and local authorities.    
                  (f)  Rights, obligations, and liabilities under
                        other laws unaffected.                        
                  (g)  Universal encryption standard.                 
                  (h)  Rulemaking for encryption standard.            
    606.        War powers of President.                              
                  (a)  Priority communications.                       
                  (b)  Obstruction of interstate or foreign
                        communications.                               
                  (c)  Suspension or amendment of rules and
                        regulations applicable to certain emission
                        stations or devices.                          
                  (d)  Suspension or amendment of rules and
                        regulations applicable to wire communications;
                        closing of facilities; Government use of
                        facilities.                                   
                  (e)  Compensation.                                  
                  (f)  Affect on State laws and powers.               
                  (g)  Limitations upon Presidential power.           
                  (h)  Penalties.                                     
    607.        Effective date of chapter.                            
    608.        Separability.                                         
    609.        Short title.                                          
    610.        Telephone service for disabled.                       
                  (a)  Establishment of regulations.                  
                  (b)  Hearing aid compatibility requirements.        
                  (c)  Technical standards.                           
                  (d)  Labeling of packaging materials for equipment. 
                  (e)  Costs and benefits; encouragement of use of
                        currently available technology.               
                  (f)  Periodic review of regulations; retrofitting.  
                  (g)  Recovery of reasonable and prudent costs.      
                  (h)  State enforcement.                             
    611.        Closed-captioning of public service announcements.    
    612.        Syndicated exclusivity.                               
    613.        Video programming accessibility.                      
                  (a)  Commission inquiry.                            
                  (b)  Accountability criteria.                       
                  (c)  Deadlines for captioning.                      
                  (d)  Exemptions.                                    
                  (e)  Undue burden.                                  
                  (f)  Video descriptions inquiry.                    
                  (g)  Video description.                             
                  (h)  Private rights of actions prohibited.          
    614.        Telecommunications Development Fund.                  
                  (a)  Purpose of section.                            
                  (b)  Establishment of Fund.                         
                  (c)  Board of Directors.                            
                  (d)  Accounts of Fund.                              
                  (e)  Use of Fund.                                   
                  (f)  Lending and credit operations.                 
                  (g)  Return of advances.                            
                  (h)  General corporate powers.                      
                  (i)  Accounting, auditing, and reporting.           
                  (j)  Report on audits by Treasury.                  
                  (k)  Definitions.                                   
    615.        Support for universal emergency telephone number.     
    615a.       Parity of protection for provision or use of wireless
                 service.                                             
                  (a)  Provider parity.                               
                  (b)  User parity.                                   
                  (c)  PSAP parity.                                   
                  (d)  Basis for enactment.                           
    615b.       Definitions.                                          

-End-

-CITE-
    47 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    47 USC Sec. 151                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 151. Purposes of chapter; Federal Communications Commission
      created

-STATUTE-
      For the purpose of regulating interstate and foreign commerce in
    communication by wire and radio so as to make available, so far as
    possible, to all the people of the United States, without
    discrimination on the basis of race, color, religion, national
    origin, or sex, a rapid, efficient, Nation-wide, and world-wide
    wire and radio communication service with adequate facilities at
    reasonable charges, for the purpose of the national defense, for
    the purpose of promoting safety of life and property through the
    use of wire and radio communications, and for the purpose of
    securing a more effective execution of this policy by centralizing
    authority heretofore granted by law to several agencies and by
    granting additional authority with respect to interstate and
    foreign commerce in wire and radio communication, there is created
    a commission to be known as the "Federal Communications
    Commission", which shall be constituted as hereinafter provided,
    and which shall execute and enforce the provisions of this chapter.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 1, 48 Stat. 1064; May 20,
    1937, ch. 229, Sec. 1, 50 Stat. 189; Pub. L. 104-104, title I, Sec.
    104, Feb. 8, 1996, 110 Stat. 86.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as
    amended, known as the Communications Act of 1934, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 609 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-104 inserted ", without discrimination on the
    basis of race, color, religion, national origin, or sex," after "to
    all the people of the United States".
      1937 - Act May 20, 1937, inserted "for the purpose of promoting
    safety of life and property through the use of wire and radio
    communication".

                       MORATORIUM ON INTERNET TAXES                   
      Pub. L. 105-277, div. C, title XI, Oct. 21, 1998, 112 Stat. 2681-
    719, as amended by Pub. L. 107-75, Sec. 2, Nov. 28, 2001, 115
    Stat. 703; Pub. L. 108-435, Secs. 2-6A, Dec. 3, 2004, 118 Stat.
    2615-2618, provided that:

      "SEC. 1100. SHORT TITLE.
      "This title may be cited as the 'Internet Tax Freedom Act'.

      "SEC. 1101. MORATORIUM.
      "(a) Moratorium. - No State or political subdivision thereof may
    impose any of the following taxes during the period beginning
    November 1, 2003, and ending November 1, 2007:
        "(1) Taxes on Internet access.
        "(2) Multiple or discriminatory taxes on electronic commerce.
      "(b) Preservation of State and Local Taxing Authority. - Except
    as provided in this section, nothing in this title shall be
    construed to modify, impair, or supersede, or authorize the
    modification, impairment, or superseding of, any State or local law
    pertaining to taxation that is otherwise permissible by or under
    the Constitution of the United States or other Federal law and in
    effect on the date of enactment of this Act [Oct. 21, 1998].
      "(c) Liabilities and Pending Cases. - Nothing in this title
    affects liability for taxes accrued and enforced before the date of
    enactment of this Act, nor does this title affect ongoing
    litigation relating to such taxes.
      "(d) Exception to Moratorium. - 
        "(1) In general. - Subsection (a) shall also not apply in the
      case of any person or entity who knowingly and with knowledge of
      the character of the material, in interstate or foreign commerce
      by means of the World Wide Web, makes any communication for
      commercial purposes that is available to any minor and that
      includes any material that is harmful to minors unless such
      person or entity has restricted access by minors to material that
      is harmful to minors - 
          "(A) by requiring use of a credit card, debit account, adult
        access code, or adult personal identification number;
          "(B) by accepting a digital certificate that verifies age; or
          "(C) by any other reasonable measures that are feasible under
        available technology.
        "(2) Scope of exception. - For purposes of paragraph (1), a
      person shall not be considered to [be] making a communication for
      commercial purposes of material to the extent that the person is -
       
          "(A) a telecommunications carrier engaged in the provision of
        a telecommunications service;
          "(B) a person engaged in the business of providing an
        Internet access service;
          "(C) a person engaged in the business of providing an
        Internet information location tool; or
          "(D) similarly engaged in the transmission, storage,
        retrieval, hosting, formatting, or translation (or any
        combination thereof) of a communication made by another person,
        without selection or alteration of the communication.
        "(3) Definitions. - In this subsection:
          "(A) By means of the world wide web. - The term 'by means of
        the World Wide Web' means by placement of material in a
        computer server-based file archive so that it is publicly
        accessible, over the Internet, using hypertext transfer
        protocol, file transfer protocol, or other similar protocols.
          "(B) Commercial purposes; engaged in the business. - 
            "(i) Commercial purposes. - A person shall be considered to
          make a communication for commercial purposes only if such
          person is engaged in the business of making such
          communications.
            "(ii) Engaged in the business. - The term 'engaged in the
          business' means that the person who makes a communication, or
          offers to make a communication, by means of the World Wide
          Web, that includes any material that is harmful to minors,
          devotes time, attention, or labor to such activities, as a
          regular course of such person's trade or business, with the
          objective of earning a profit as a result of such activities
          (although it is not necessary that the person make a profit
          or that the making or offering to make such communications be
          the person's sole or principal business or source of income).
          A person may be considered to be engaged in the business of
          making, by means of the World Wide Web, communications for
          commercial purposes that include material that is harmful to
          minors, only if the person knowingly causes the material that
          is harmful to minors to be posted on the World Wide Web or
          knowingly solicits such material to be posted on the World
          Wide Web.
          "(C) Internet. - The term 'Internet' means collectively the
        myriad of computer and telecommunications facilities, including
        equipment and operating software, which comprise the
        interconnected world-wide network of networks that employ the
        Transmission Control Protocol/Internet Protocol, or any
        predecessor or successor protocols to such protocol, to
        communicate information of all kinds by wire or radio.
          "(D) Internet access service. - The term 'Internet access
        service' means a service that enables users to access content,
        information, electronic mail, or other services offered over
        the Internet and may also include access to proprietary
        content, information, and other services as part of a package
        of services offered to consumers. The term 'Internet access
        service' does not include telecommunications services, except
        to the extent such services are purchased, used, or sold by a
        provider of Internet access to provide Internet access.
          "(E) Internet information location tool. - The term 'Internet
        information location tool' means a service that refers or links
        users to an online location on the World Wide Web. Such term
        includes directories, indices, references, pointers, and
        hypertext links.
          "(F) Material that is harmful to minors. - The term 'material
        that is harmful to minors' means any communication, picture,
        image, graphic image file, article, recording, writing, or
        other matter of any kind that is obscene or that - 
            "(i) the average person, applying contemporary community
          standards, would find, taking the material as a whole and
          with respect to minors, is designed to appeal to, or is
          designed to pander to, the prurient interest;
            "(ii) depicts, describes, or represents, in a manner
          patently offensive with respect to minors, an actual or
          simulated sexual act or sexual contact, an actual or
          simulated normal or perverted sexual act, or a lewd
          exhibition of the genitals or post-pubescent female breast;
          and
            "(iii) taken as a whole, lacks serious literary, artistic,
          political, or scientific value for minors.
          "(G) Minor. - The term 'minor' means any person under 17
        years of age.
          "(H) Telecommunications carrier; telecommunications service. -
         The terms 'telecommunications carrier' and
        'telecommunications service' have the meanings given such terms
        in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
      "(e) Additional Exception to Moratorium. - 
        "(1) In general. - Subsection (a) shall also not apply with
      respect to an Internet access provider, unless, at the time of
      entering into an agreement with a customer for the provision of
      Internet access services, such provider offers such customer
      (either for a fee or at no charge) screening software that is
      designed to permit the customer to limit access to material on
      the Internet that is harmful to minors.
        "(2) Definitions. - In this subsection:
          "(A) Internet access provider. - The term 'Internet access
        provider' means a person engaged in the business of providing a
        computer and communications facility through which a customer
        may obtain access to the Internet, but does not include a
        common carrier to the extent that it provides only
        telecommunications services.
          "(B) Internet access services. - The term 'Internet access
        services' means the provision of computer and communications
        services through which a customer using a computer and a modem
        or other communications device may obtain access to the
        Internet, but does not include telecommunications services
        provided by a common carrier.
          "(C) Screening software. - The term 'screening software'
        means software that is designed to permit a person to limit
        access to material on the Internet that is harmful to minors.
        "(3) Applicability. - Paragraph (1) shall apply to agreements
      for the provision of Internet access services entered into on or
      after the date that is 6 months after the date of enactment of
      this Act [Oct. 21, 1998].

      "SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.
      "(a) Establishment of Commission. - There is established a
    commission to be known as the Advisory Commission on Electronic
    Commerce (in this title referred to as the 'Commission'). The
    Commission shall - 
        "(1) be composed of 19 members appointed in accordance with
      subsection (b), including the chairperson who shall be selected
      by the members of the Commission from among themselves; and
        "(2) conduct its business in accordance with the provisions of
      this title.
      "(b) Membership. - 
        "(1) In general. - The Commissioners shall serve for the life
      of the Commission. The membership of the Commission shall be as
      follows:
          "(A) 3 representatives from the Federal Government, comprised
        of the Secretary of Commerce, the Secretary of the Treasury,
        and the United States Trade Representative (or their respective
        delegates).
          "(B) 8 representatives from State and local governments (one
        such representative shall be from a State or local government
        that does not impose a sales tax and one representative shall
        be from a State that does not impose an income tax).
          "(C) 8 representatives of the electronic commerce industry
        (including small business), telecommunications carriers, local
        retail businesses, and consumer groups, comprised of - 
            "(i) 5 individuals appointed by the Majority Leader of the
          Senate;
            "(ii) 3 individuals appointed by the Minority Leader of the
          Senate;
            "(iii) 5 individuals appointed by the Speaker of the House
          of Representatives; and
            "(iv) 3 individuals appointed by the Minority Leader of the
          House of Representatives.
        "(2) Appointments. - Appointments to the Commission shall be
      made not later than 45 days after the date of the enactment of
      this Act [Oct. 21, 1998]. The chairperson shall be selected not
      later than 60 days after the date of the enactment of this Act.
        "(3) Vacancies. - Any vacancy in the Commission shall not
      affect its powers, but shall be filled in the same manner as the
      original appointment.
      "(c) Acceptance of Gifts and Grants. - The Commission may accept,
    use, and dispose of gifts or grants of services or property, both
    real and personal, for purposes of aiding or facilitating the work
    of the Commission. Gifts or grants not used at the expiration of
    the Commission shall be returned to the donor or grantor.
      "(d) Other Resources. - The Commission shall have reasonable
    access to materials, resources, data, and other information from
    the Department of Justice, the Department of Commerce, the
    Department of State, the Department of the Treasury, and the Office
    of the United States Trade Representative. The Commission shall
    also have reasonable access to use the facilities of any such
    Department or Office for purposes of conducting meetings.
      "(e) Sunset. - The Commission shall terminate 18 months after the
    date of the enactment of this Act [Oct. 21, 1998].
      "(f) Rules of the Commission. - 
        "(1) Quorum. - Nine members of the Commission shall constitute
      a quorum for conducting the business of the Commission.
        "(2) Meetings. - Any meetings held by the Commission shall be
      duly noticed at least 14 days in advance and shall be open to the
      public.
        "(3) Opportunities to testify. - The Commission shall provide
      opportunities for representatives of the general public, taxpayer
      groups, consumer groups, and State and local government officials
      to testify.
        "(4) Additional rules. - The Commission may adopt other rules
      as needed.
      "(g) Duties of the Commission. - 
        "(1) In general. - The Commission shall conduct a thorough
      study of Federal, State and local, and international taxation and
      tariff treatment of transactions using the Internet and Internet
      access and other comparable intrastate, interstate or
      international sales activities.
        "(2) Issues to be studied. - The Commission may include in the
      study under subsection (a) - 
          "(A) an examination of - 
            "(i) barriers imposed in foreign markets on United States
          providers of property, goods, services, or information
          engaged in electronic commerce and on United States providers
          of telecommunications services; and
            "(ii) how the imposition of such barriers will affect
          United States consumers, the competitiveness of United States
          citizens providing property, goods, services, or information
          in foreign markets, and the growth and maturing of the
          Internet;
          "(B) an examination of the collection and administration of
        consumption taxes on electronic commerce in other countries and
        the United States, and the impact of such collection on the
        global economy, including an examination of the relationship
        between the collection and administration of such taxes when
        the transaction uses the Internet and when it does not;
          "(C) an examination of the impact of the Internet and
        Internet access (particularly voice transmission) on the
        revenue base for taxes imposed under section 4251 of the
        Internal Revenue Code of 1986 [26 U.S.C. 4251];
          "(D) an examination of model State legislation that - 
            "(i) would provide uniform definitions of categories of
          property, goods, service, or information subject to or exempt
          from sales and use taxes; and
            "(ii) would ensure that Internet access services, online
          services, and communications and transactions using the
          Internet, Internet access service, or online services would
          be treated in a tax and technologically neutral manner
          relative to other forms of remote sales;
          "(E) an examination of the effects of taxation, including the
        absence of taxation, on all interstate sales transactions,
        including transactions using the Internet, on retail businesses
        and on State and local governments, which examination may
        include a review of the efforts of State and local governments
        to collect sales and use taxes owed on in-State purchases from
        out-of-State sellers; and
          "(F) the examination of ways to simplify Federal and State
        and local taxes imposed on the provision of telecommunications
        services.
        "(3) Effect on the communications act of 1934. - Nothing in
      this section shall include an examination of any fees or charges
      imposed by the Federal Communications Commission or States
      related to - 
          "(A) obligations under the Communications Act of 1934 (47
        U.S.C. 151 et seq.); or
          "(B) the implementation of the Telecommunications Act of 1996
        [Pub. L. 104-104, see Short Title of 1996 Amendment note set
        out under section 609 of this title] (or of amendments made by
        that Act).
      "(h) National Tax Association Communications and Electronic
    Commerce Tax Project. - The Commission shall, to the extent
    possible, ensure that its work does not undermine the efforts of
    the National Tax Association Communications and Electronic Commerce
    Tax Project.

      "SEC. 1103. REPORT.
      "Not later than 18 months after the date of the enactment of this
    Act [Oct. 21, 1998], the Commission shall transmit to Congress for
    its consideration a report reflecting the results, including such
    legislative recommendations as required to address the findings of
    the Commission's study under this title. Any recommendation agreed
    to by the Commission shall be tax and technologically neutral and
    apply to all forms of remote commerce. No finding or recommendation
    shall be included in the report unless agreed to by at least two-
    thirds of the members of the Commission serving at the time the
    finding or recommendation is made.

      "SEC. 1104. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS.
      "(a) Pre-October 1998 Taxes. - 
        "(1) In general. - Section 1101(a) does not apply to a tax on
      Internet access that was generally imposed and actually enforced
      prior to October 1, 1998, if, before that date - 
          "(A) the tax was authorized by statute; and
          "(B) either - 
            "(i) a provider of Internet access services had a
          reasonable opportunity to know, by virtue of a rule or other
          public proclamation made by the appropriate administrative
          agency of the State or political subdivision thereof, that
          such agency has interpreted and applied such tax to Internet
          access services; or
            "(ii) a State or political subdivision thereof generally
          collected such tax on charges for Internet access.
        "(2) Termination. - 
          "(A) In general. - Except as provided in subparagraph (B),
        this subsection shall not apply after November 1, 2007.
          "(B) State telecommunications service tax. - 
            "(i) Date for termination. - This subsection shall not
          apply after November 1, 2006, with respect to a State
          telecommunications service tax described in clause (ii).
            "(ii) Description of tax. - A State telecommunications
          service tax referred to in subclause (i) is a State tax - 
         "(I) enacted by State law on or after October 1, 1991, and
          imposing a tax on telecommunications service; and
         "(II) applied to Internet access through administrative code
          or regulation issued on or after December 1, 2002.
      "(b) Pre-November 2003 Taxes. - 
        "(1) In general. - Section 1101(a) does not apply to a tax on
      Internet access that was generally imposed and actually enforced
      as of November 1, 2003, if, as of that date, the tax was
      authorized by statute and - 
          "(A) a provider of Internet access services had a reasonable
        opportunity to know by virtue of a public rule or other public
        proclamation made by the appropriate administrative agency of
        the State or political subdivision thereof, that such agency
        has interpreted and applied such tax to Internet access
        services; and
          "(B) a State or political subdivision thereof generally
        collected such tax on charges for Internet access.
        "(2) Termination. - This subsection shall not apply after
      November 1, 2005.

      "SEC. 1105. DEFINITIONS.
      "For the purposes of this title:
        "(1) Bit tax. - The term 'bit tax' means any tax on electronic
      commerce expressly imposed on or measured by the volume of
      digital information transmitted electronically, or the volume of
      digital information per unit of time transmitted electronically,
      but does not include taxes imposed on the provision of
      telecommunications services.
        "(2) Discriminatory tax. - The term 'discriminatory tax' means -
       
          "(A) any tax imposed by a State or political subdivision
        thereof on electronic commerce that - 
            "(i) is not generally imposed and legally collectible by
          such State or such political subdivision on transactions
          involving similar property, goods, services, or information
          accomplished through other means;
            "(ii) is not generally imposed and legally collectible at
          the same rate by such State or such political subdivision on
          transactions involving similar property, goods, services, or
          information accomplished through other means, unless the rate
          is lower as part of a phase-out of the tax over not more than
          a 5-year period;
            "(iii) imposes an obligation to collect or pay the tax on a
          different person or entity than in the case of transactions
          involving similar property, goods, services, or information
          accomplished through other means;
            "(iv) establishes a classification of Internet access
          service providers or online service providers for purposes of
          establishing a higher tax rate to be imposed on such
          providers than the tax rate generally applied to providers of
          similar information services delivered through other means;
          or
          "(B) any tax imposed by a State or political subdivision
        thereof, if - 
            "(i) the sole ability to access a site on a remote seller's
          out-of-State computer server is considered a factor in
          determining a remote seller's tax collection obligation; or
            "(ii) a provider of Internet access service or online
          services is deemed to be the agent of a remote seller for
          determining tax collection obligations solely as a result of -
           
         "(I) the display of a remote seller's information or content
          on the out-of-State computer server of a provider of Internet
          access service or online services; or
         "(II) the processing of orders through the out-of-State
          computer server of a provider of Internet access service or
          online services.
        "(3) Electronic commerce. - The term 'electronic commerce'
      means any transaction conducted over the Internet or through
      Internet access, comprising the sale, lease, license, offer, or
      delivery of property, goods, services, or information, whether or
      not for consideration, and includes the provision of Internet
      access.
        "(4) Internet. - The term 'Internet' means collectively the
      myriad of computer and telecommunications facilities, including
      equipment and operating software, which comprise the
      interconnected world-wide network of networks that employ the
      Transmission Control Protocol/Internet Protocol, or any
      predecessor or successor protocols to such protocol, to
      communicate information of all kinds by wire or radio.
        "(5) Internet access. - The term 'Internet access' means a
      service that enables users to access content, information,
      electronic mail, or other services offered over the Internet, and
      may also include access to proprietary content, information, and
      other services as part of a package of services offered to users.
      The term 'Internet access' does not include telecommunications
      services, except to the extent such services are purchased, used,
      or sold by a provider of Internet access to provide Internet
      access.
        "(6) Multiple tax. - 
          "(A) In general. - The term 'multiple tax' means any tax that
        is imposed by one State or political subdivision thereof on the
        same or essentially the same electronic commerce that is also
        subject to another tax imposed by another State or political
        subdivision thereof (whether or not at the same rate or on the
        same basis), without a credit (for example, a resale exemption
        certificate) for taxes paid in other jurisdictions.
          "(B) Exception. - Such term shall not include a sales or use
        tax imposed by a State and 1 or more political subdivisions
        thereof on the same electronic commerce or a tax on persons
        engaged in electronic commerce which also may have been subject
        to a sales or use tax thereon.
          "(C) Sales or use tax. - For purposes of subparagraph (B),
        the term 'sales or use tax' means a tax that is imposed on or
        incident to the sale, purchase, storage, consumption,
        distribution, or other use of tangible personal property or
        services as may be defined by laws imposing such tax and which
        is measured by the amount of the sales price or other charge
        for such property or service.
        "(7) State. - The term 'State' means any of the several States,
      the District of Columbia, or any commonwealth, territory, or
      possession of the United States.
        "(8) Tax. - 
          "(A) In general. - The term 'tax' means - 
            "(i) any charge imposed by any governmental entity for the
          purpose of generating revenues for governmental purposes, and
          is not a fee imposed for a specific privilege, service, or
          benefit conferred; or
            "(ii) the imposition on a seller of an obligation to
          collect and to remit to a governmental entity any sales or
          use tax imposed on a buyer by a governmental entity.
          "(B) Exception. - Such term does not include any franchise
        fee or similar fee imposed by a State or local franchising
        authority, pursuant to section 622 or 653 of the Communications
        Act of 1934 (47 U.S.C. 542, 573), or any other fee related to
        obligations or telecommunications carriers under the
        Communications Act of 1934 (47 U.S.C. 151 et seq.).
        "(9) Telecommunications service. - The term 'telecommunications
      service' has the meaning given such term in section 3(46) of the
      Communications Act of 1934 (47 U.S.C. 153(46)) and includes
      communications services (as defined in section 4251 of the
      Internal Revenue Code of 1986 [26 U.S.C. 4251]).
        "(10) Tax on internet access. - 
          "(A) In general. - The term 'tax on Internet access' means a
        tax on Internet access, regardless of whether such tax is
        imposed on a provider of Internet access or a buyer of Internet
        access and regardless of the terminology used to describe the
        tax.
          "(B) General exception. - The term 'tax on Internet access'
        does not include a tax levied upon or measured by net income,
        capital stock, net worth, or property value.

      "SEC. 1106. ACCOUNTING RULE.
      "(a) In General. - If charges for Internet access are aggregated
    with and not separately stated from charges for telecommunications
    services or other charges that are subject to taxation, then the
    charges for Internet access may be subject to taxation unless the
    Internet access provider can reasonably identify the charges for
    Internet access from its books and records kept in the regular
    course of business.
      "(b) Definitions. - In this section:
        "(1) Charges for internet access. - The term 'charges for
      Internet access' means all charges for Internet access as defined
      in section 1105(5).
        "(2) Charges for telecommunications services. - The term
      'charges for telecommunications services' means all charges for
      telecommunications services, except to the extent such services
      are purchased, used, or sold by a provider of Internet access to
      provide Internet access.

      "SEC. 1107. EFFECT ON OTHER LAWS.
      "(a) Universal Service. - Nothing in this Act [probably means
    "this title"] shall prevent the imposition or collection of any
    fees or charges used to preserve and advance Federal universal
    service or similar State programs - 
        "(1) authorized by section 254 of the Communications Act of
      1934 (47 U.S.C. 254); or
        "(2) in effect on February 8, 1996.
      "(b) 911 and E-911 Services. - Nothing in this Act [probably
    means "this title"] shall prevent the imposition or collection, on
    a service used for access to 911 or E-911 services, of any fee or
    charge specifically designated or presented as dedicated by a State
    or political subdivision thereof for the support of 911 or E-911
    services if no portion of the revenue derived from such fee or
    charge is obligated or expended for any purpose other than support
    of 911 or E-911 services.
      "(c) Non-Tax Regulatory Proceedings. - Nothing in this Act
    [probably means "this title"] shall be construed to affect any
    Federal or State regulatory proceeding that is not related to
    taxation.

      "SEC. 1108. EXCEPTION FOR VOICE SERVICES OVER THE INTERNET.
      "Nothing in this Act [probably means "this title"] shall be
    construed to affect the imposition of tax on a charge for voice or
    similar service utilizing Internet Protocol or any successor
    protocol. This section shall not apply to any services that are
    incidental to Internet access, such as voice-capable e-mail or
    instant messaging.

      "SEC. 1109. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.
      "Nothing in this Act [probably means "this title"] shall prohibit
    Texas or a political subdivision thereof from imposing or
    collecting the Texas municipal access line fee pursuant to Texas
    Local Govt. Code Ann. ch. 283 (Vernon 2005) and the definition of
    access line as determined by the Public Utility Commission of Texas
    in its 'Order Adopting Amendments to Section 26.465 As Approved At
    The February 13, 2003 Public Hearing', issued March 5, 2003, in
    Project No. 26412."
      [Pub. L. 108-435, Sec. 8, Dec. 3, 2004, 118 Stat. 2619, provided
    that: "The amendments made by this Act [amending title XI of div. C
    of Pub. L. 105-277, set out above] take effect on November 1,
    2003."]

                           STYLISTIC CONSISTENCY                       
      Section 101(c) of title I of Pub. L. 104-104 provided that: "The
    Act [Communications Act of 1934 (47 U.S.C. 151 et seq.)] is amended
    so that - 
        "(1) the designation and heading of each title of the Act shall
      be in the form and typeface of the designation and heading of
      this title of this Act [110 Stat. 61]; and
        "(2) the designation and heading of each part of each title of
      the Act shall be in the form and typeface of the designation and
      heading of part I of title II of the Act [110 Stat. 61], as
      amended by subsection (a)."

             STUDY OF TELECOMMUNICATIONS AND INFORMATION GOALS         
      Pub. L. 97-259, title II, Sec. 202, Sept. 13, 1982, 96 Stat.
    1099, provided that:
      "(a) The National Telecommunications and Information
    Administration shall conduct a comprehensive study of the long-
    range international telecommunications and information goals of
    the United States, the specific international telecommunications
    and information policies necessary to promote those goals and the
    strategies that will ensure that the United States achieves them.
    The Administration shall further conduct a review of the
    structures, procedures, and mechanisms which are utilized by the
    United States to develop international telecommunications and
    information policy.
      "(b) In any study or review conducted pursuant to this section,
    the National Telecommunications and Information Administration
    shall not make public information regarding usage or traffic
    patterns which would damage United States commercial interests. Any
    such study or review shall be limited to international
    telecommunications policies or to domestic telecommunications
    issues which directly affect such policies."

    COMMISSION ON GOVERNMENTAL USE OF INTERNATIONAL TELECOMMUNICATIONS
      Act July 29, 1954, ch. 647, 68 Stat. 587, established the
    Commission on Governmental Use of International Telecommunications
    to examine, study and report on the objectives, operations, and
    effectiveness of information programs with respect to the prompt
    development of techniques, methods, and programs for greatly
    expanded and far more effective operations in this vital area of
    foreign policy through the use of foreign telecommunications. The
    Commission was required to make a report of its findings and
    recommendations on or before Dec. 31, 1954, and the Commission
    ceased to exist 90 days after submission of its report to the
    Congress.

    COMMUNICATION PRIVILEGES TO PARTICIPANTS IN WORLD TELECOMMUNICATION
                                CONFERENCES
      Act May 13, 1947, ch. 51, 61 Stat. 83, provided that nothing in
    this chapter, or in any other provision of law should be construed
    to prohibit United States communication common carriers from
    rendering free communication services to official participants in
    the world telecommunications conferences which were held in the
    United States in 1947.

-EXEC-
                         EXECUTIVE ORDER NO. 10460                     
      Ex. Ord. No. 10460, eff. June 18, 1953, 18 F.R. 3513, as amended
    by Ex. Ord. No. 10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord.
    No. 10782, eff. Sept. 8, 1958, 23 F.R. 6971, which related to the
    performance of telecommunication functions by Director of the
    Office of Civil and Defense Mobilization, was revoked by section 4
    of Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519.

-End-

-CITE-
    47 USC Sec. 152                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 152. Application of chapter

-STATUTE-
      (a) The provisions of this chapter shall apply to all interstate
    and foreign communication by wire or radio and all interstate and
    foreign transmission of energy by radio, which originates and/or is
    received within the United States, and to all persons engaged
    within the United States in such communication or such transmission
    of energy by radio, and to the licensing and regulating of all
    radio stations as hereinafter provided; but it shall not apply to
    persons engaged in wire or radio communication or transmission in
    the Canal Zone, or to wire or radio communication or transmission
    wholly within the Canal Zone. The provisions of this chapter shall
    apply with respect to cable service, to all persons engaged within
    the United States in providing such service, and to the facilities
    of cable operators which relate to such service, as provided in
    subchapter V-A.
      (b) Except as provided in sections 223 through 227 of this title,
    inclusive, and section 332 of this title, and subject to the
    provisions of section 301 of this title and subchapter V-A of this
    chapter, nothing in this chapter shall be construed to apply or to
    give the Commission jurisdiction with respect to (1) charges,
    classifications, practices, services, facilities, or regulations
    for or in connection with intrastate communication service by wire
    or radio of any carrier, or (2) any carrier engaged in interstate
    or foreign communication solely through physical connection with
    the facilities of another carrier not directly or indirectly
    controlling or controlled by, or under direct or indirect common
    control with such carrier, or (3) any carrier engaged in interstate
    or foreign communication solely through connection by radio, or by
    wire and radio, with facilities, located in an adjoining State or
    in Canada or Mexico (where they adjoin the State in which the
    carrier is doing business), of another carrier not directly or
    indirectly controlling or controlled by, or under direct or
    indirect common control with such carrier, or (4) any carrier to
    which clause (2) or clause (3) of this subsection would be
    applicable except for furnishing interstate mobile radio
    communication service or radio communication service to mobile
    stations on land vehicles in Canada or Mexico; except that sections
    201 to 205 of this title shall, except as otherwise provided
    therein, apply to carriers described in clauses (2), (3), and (4)
    of this subsection.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 2, 48 Stat. 1064; Proc. No.
    2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Apr. 27,
    1954, ch. 175, Sec. 1, 68 Stat. 63; Pub. L. 95-234, Sec. 5, Feb.
    21, 1978, 92 Stat. 35; Pub. L. 98-549, Sec. 3(a), Oct. 30, 1984, 98
    Stat. 2801; Pub. L. 101-166, title V, Sec. 521(2), Nov. 21, 1989,
    103 Stat. 1193; Pub. L. 101-336, title IV, Sec. 401(b)(1), July 26,
    1990, 104 Stat. 369; Pub. L. 102-243, Sec. 3(b), Dec. 20, 1991, 105
    Stat. 2401; Pub. L. 103-66, title VI, Sec. 6002(b)(2)(B)(i), Aug.
    10, 1993, 107 Stat. 396.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (a), see
    section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-
                               CODIFICATION                           
      Words "the Philippine Islands or" were omitted from this section
    on authority of Proc. No. 2695, issued pursuant to section 1394 of
    Title 22, Foreign Relations and Intercourse, which recognized the
    independence of the Philippine Islands as of July 4, 1946. Proc.
    No. 2695 is set out under section 1394 of Title 22.

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (b). Pub. L. 103-66 inserted "and section 332 of
    this title," after "inclusive,".
      1991 - Subsec. (b). Pub. L. 102-243 substituted "Except as
    provided in sections 223 through 227 of this title, inclusive," for
    "Except as provided in section 223 or 224 of this title".
      1990 - Subsec. (b). Pub. L. 101-336, which directed substitution
    of "sections 224 and 225" for "section 224", could not be executed
    because of the intervening amendment by Pub. L. 101-166 which
    substituted "section 223 or 224" for "section 224". See 1989
    Amendment note below.
      1989 - Subsec. (b). Pub. L. 101-166 substituted "section 223 or
    224" for "section 224".
      1984 - Subsec. (a). Pub. L. 98-549, Sec. 3(a)(1), inserted
    provision making this chapter applicable with respect to cable
    service, to all persons engaged within the United States in
    providing such service, and to the facilities of cable operators
    which relate to such service, as provided in subchapter V-A of this
    chapter.
      Subsec. (b). Pub. L. 98-549, Sec. 3(a)(2), inserted "and
    subchapter V-A of this chapter" after "section 301 of this title".
      1978 - Subsec. (b). Pub. L. 95-234 substituted "Except as
    provided in section 224 of this title and subject" for "Subject".
      1954 - Subsec. (b). Act Apr. 27, 1954, made it clear that
    intrastate communication service, whether by "wire or radio", would
    not be subject to the Commission's jurisdiction over charges,
    classifications, etc., and added cls. (3) and (4).

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 521(3) of Pub. L. 101-166 provided that: "The amendments
    made by this subsection [probably should be "section", which
    amended this section and section 223 of this title] shall take
    effect 120 days after the date of enactment of this Act [Nov. 21,
    1989]."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,
    1984, except where otherwise expressly provided, see section 9(a)
    of Pub. L. 98-549, set out as a note under section 521 of this
    title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 7 of Pub. L. 95-234 provided that: "The amendments made
    by this Act [enacting section 224 of this title, amending this
    section and sections 503 and 504 of this title, repealing sections
    510 of this title, and enacting provisions set out as a note under
    section 609 of this title] shall take effect on the thirtieth day
    after the date of enactment of this Act [Feb. 21, 1978]; except
    that the provisions of sections 503(b) and 510 of the
    Communications Act of 1934 [sections 503(b) and 510 of this title],
    as in effect on such date of enactment, shall continue to
    constitute the applicable law with the respect to any act or
    omission which occurs prior to such thirtieth day."

              APPLICABILITY OF CONSENT DECREES AND OTHER LAW          
      Pub. L. 104-104, title VI, Sec. 601, Feb. 8, 1996, 110 Stat. 143,
    provided that:
      "(a) Applicability of Amendments to Future Conduct. - 
        "(1) AT&T consent decree. - Any conduct or activity that was,
      before the date of enactment of this Act [Feb. 8, 1996], subject
      to any restriction or obligation imposed by the AT&T Consent
      Decree shall, on and after such date, be subject to the
      restrictions and obligations imposed by the Communications Act of
      1934 [47 U.S.C. 151 et seq.] as amended by this Act and shall not
      be subject to the restrictions and the obligations imposed by
      such Consent Decree.
        "(2) GTE consent decree. - Any conduct or activity that was,
      before the date of enactment of this Act, subject to any
      restriction or obligation imposed by the GTE Consent Decree
      shall, on and after such date, be subject to the restrictions and
      obligations imposed by the Communications Act of 1934 as amended
      by this Act and shall not be subject to the restrictions and the
      obligations imposed by such Consent Decree.
        "(3) McCaw consent decree. - Any conduct or activity that was,
      before the date of enactment of this Act, subject to any
      restriction or obligation imposed by the McCaw Consent Decree
      shall, on and after such date, be subject to the restrictions and
      obligations imposed by the Communications Act of 1934 as amended
      by this Act and subsection (d) of this section and shall not be
      subject to the restrictions and the obligations imposed by such
      Consent Decree.
      "(b) Antitrust Laws. - 
        "(1) Savings clause. - Except as provided in paragraphs (2) and
      (3), nothing in this Act [see Short Title of 1996 Amendment note
      set out under section 609 of this title] or the amendments made
      by this Act shall be construed to modify, impair, or supersede
      the applicability of any of the antitrust laws.
        "(2) Repeal. - [Amended section 221 of this title.]
        "(3) Clayton act. - [Amended section 18 of Title 15, Commerce
      and Trade.]
      "(c) Federal, State, and Local Law. - 
        "(1) No implied effect. - This Act and the amendments made by
      this Act shall not be construed to modify, impair, or supersede
      Federal, State, or local law unless expressly so provided in such
      Act or amendments.
        "(2) State tax savings provision. - Notwithstanding paragraph
      (1), nothing in this Act or the amendments made by this Act shall
      be construed to modify, impair, or supersede, or authorize the
      modification, impairment, or supersession of, any State or local
      law pertaining to taxation, except as provided in sections 622
      and 653(c) of the Communications Act of 1934 [47 U.S.C. 542,
      573(c)] and section 602 of this Act [set out as a note below].
      "(d) Commercial Mobile Service Joint Marketing. - Notwithstanding
    section 22.903 of the Commission's regulations (47 C.F.R. 22.903)
    or any other Commission regulation, a Bell operating company or any
    other company may, except as provided in sections 271(e)(1) and 272
    of the Communications Act of 1934 [47 U.S.C. 271(e)(1), 272] as
    amended by this Act as they relate to wireline service, jointly
    market and sell commercial mobile services in conjunction with
    telephone exchange service, exchange access, intraLATA
    telecommunications service, interLATA telecommunications service,
    and information services.
      "(e) Definitions. - As used in this section:
        "(1) AT&T consent decree. - The term 'AT&T Consent Decree'
      means the order entered August 24, 1982, in the antitrust action
      styled United States v. Western Electric, Civil Action No. 82-
      0192, in the United States District Court for the District of
      Columbia, and includes any judgment or order with respect to such
      action entered on or after August 24, 1982.
        "(2) GTE consent decree. - The term 'GTE Consent Decree' means
      the order entered December 21, 1984, as restated January 11,
      1985, in the action styled United States v. GTE Corp., Civil
      Action No. 83-1298, in the United States District Court for the
      District of Columbia, and any judgment or order with respect to
      such action entered on or after December 21, 1984.
        "(3) McCaw consent decree. - The term 'McCaw Consent Decree'
      means the proposed consent decree filed on July 15, 1994, in the
      antitrust action styled United States v. AT&T Corp. and McCaw
      Cellular Communications, Inc., Civil Action No. 94-01555, in the
      United States District Court for the District of Columbia. Such
      term includes any stipulation that the parties will abide by the
      terms of such proposed consent decree until it is entered and any
      order entering such proposed consent decree.
        "(4) Antitrust laws. - The term 'antitrust laws' has the
      meaning given it in subsection (a) of the first section of the
      Clayton Act (15 U.S.C. 12(a)), except that such term includes the
      Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13 et seq.),
      commonly known as the Robinson-Patman Act, and section 5 of the
      Federal Trade Commission Act (15 U.S.C. 45) to the extent that
      such section 5 applies to unfair methods of competition."

        PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIRECT-TO-HOME
                                 SERVICES
      Pub. L. 104-104, title VI, Sec. 602, Feb. 8, 1996, 110 Stat. 144,
    provided that:
      "(a) Preemption. - A provider of direct-to-home satellite service
    shall be exempt from the collection or remittance, or both, of any
    tax or fee imposed by any local taxing jurisdiction on direct-to-
    home satellite service.
      "(b) Definitions. - For the purposes of this section - 
        "(1) Direct-to-home satellite service. - The term 'direct-to-
      home satellite service' means only programming transmitted or
      broadcast by satellite directly to the subscribers' premises
      without the use of ground receiving or distribution equipment,
      except at the subscribers' premises or in the uplink process to
      the satellite.
        "(2) Provider of direct-to-home satellite service. - For
      purposes of this section, a 'provider of direct-to-home satellite
      service' means a person who transmits, broadcasts, sells, or
      distributes direct-to-home satellite service.
        "(3) Local taxing jurisdiction. - The term 'local taxing
      jurisdiction' means any municipality, city, county, township,
      parish, transportation district, or assessment jurisdiction, or
      any other local jurisdiction in the territorial jurisdiction of
      the United States with the authority to impose a tax or fee, but
      does not include a State.
        "(4) State. - The term 'State' means any of the several States,
      the District of Columbia, or any territory or possession of the
      United States.
        "(5) Tax or fee. - The terms 'tax' and 'fee' mean any local
      sales tax, local use tax, local intangible tax, local income tax,
      business license tax, utility tax, privilege tax, gross receipts
      tax, excise tax, franchise fees, local telecommunications tax, or
      any other tax, license, or fee that is imposed for the privilege
      of doing business, regulating, or raising revenue for a local
      taxing jurisdiction.
      "(c) Preservation of State Authority. - This section shall not be
    construed to prevent taxation of a provider of direct-to-home
    satellite service by a State or to prevent a local taxing
    jurisdiction from receiving revenue derived from a tax or fee
    imposed and collected by a State."

-End-

-CITE-
    47 USC Sec. 153                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 153. Definitions

-STATUTE-
      For the purposes of this chapter, unless the context otherwise
    requires - 
      (1) Affiliate
        The term "affiliate" means a person that (directly or
      indirectly) owns or controls, is owned or controlled by, or is
      under common ownership or control with, another person. For
      purposes of this paragraph, the term "own" means to own an equity
      interest (or the equivalent thereof) of more than 10 percent.
      (2) Amateur station
        The term "amateur station" means a radio station operated by a
      duly authorized person interested in radio technique solely with
      a personal aim and without pecuniary interest.
      (3) AT&T Consent Decree
        The term "AT&T Consent Decree" means the order entered August
      24, 1982, in the antitrust action styled United States v. Western
      Electric, Civil Action No. 82-0192, in the United States District
      Court for the District of Columbia, and includes any judgment or
      order with respect to such action entered on or after August 24,
      1982.
      (4) Bell operating company
        The term "Bell operating company" - 
          (A) means any of the following companies: Bell Telephone
        Company of Nevada, Illinois Bell Telephone Company, Indiana
        Bell Telephone Company, Incorporated, Michigan Bell Telephone
        Company, New England Telephone and Telegraph Company, New
        Jersey Bell Telephone Company, New York Telephone Company, U S
        West Communications Company, South Central Bell Telephone
        Company, Southern Bell Telephone and Telegraph Company,
        Southwestern Bell Telephone Company, The Bell Telephone Company
        of Pennsylvania, The Chesapeake and Potomac Telephone Company,
        The Chesapeake and Potomac Telephone Company of Maryland, The
        Chesapeake and Potomac Telephone Company of Virginia, The
        Chesapeake and Potomac Telephone Company of West Virginia, The
        Diamond State Telephone Company, The Ohio Bell Telephone
        Company, The Pacific Telephone and Telegraph Company, or
        Wisconsin Telephone Company; and
          (B) includes any successor or assign of any such company that
        provides wireline telephone exchange service; but
          (C) does not include an affiliate of any such company, other
        than an affiliate described in subparagraph (A) or (B).
      (5) Broadcast station
        The term "broadcast station", "broadcasting station", or "radio
      broadcast station" means a radio station equipment to engage in
      broadcasting as herein defined.
      (6) Broadcasting
        The term "broadcasting" means the dissemination of radio
      communications intended to be received by the public, directly or
      by the intermediary of relay stations.
      (7) Cable service
        The term "cable service" has the meaning given such term in
      section 522 of this title.
      (8) Cable system
        The term "cable system" has the meaning given such term in
      section 522 of this title.
      (9) Chain broadcasting
        The term "chain broadcasting" means simultaneous broadcasting
      of an identical program by two or more connected stations.
      (10) Common carrier
        The term "common carrier" or "carrier" means any person engaged
      as a common carrier for hire, in interstate or foreign
      communication by wire or radio or interstate or foreign radio
      transmission of energy, except where reference is made to common
      carriers not subject to this chapter; but a person engaged in
      radio broadcasting shall not, insofar as such person is so
      engaged, be deemed a common carrier.
      (11) Connecting carrier
        The term "connecting carrier" means a carrier described in
      clauses (2), (3), or (4) of section 152(b) of this title.
      (12) Construction permit
        The term "construction permit" or "permit for construction"
      means that instrument of authorization required by this chapter
      or the rules and regulations of the Commission made pursuant to
      this chapter for the construction of a station, or the
      installation of apparatus, for the transmission of energy, or
      communications, or signals by radio, by whatever name the
      instrument may be designated by the Commission.
      (13) Corporation
        The term "corporation" includes any corporation, joint-stock
      company, or association.
      (14) Customer premises equipment
        The term "customer premises equipment" means equipment employed
      on the premises of a person (other than a carrier) to originate,
      route, or terminate telecommunications.
      (15) Dialing parity
        The term "dialing parity" means that a person that is not an
      affiliate of a local exchange carrier is able to provide
      telecommunications services in such a manner that customers have
      the ability to route automatically, without the use of any access
      code, their telecommunications to the telecommunications services
      provider of the customer's designation from among 2 or more
      telecommunications services providers (including such local
      exchange carrier).
      (16) Exchange access
        The term "exchange access" means the offering of access to
      telephone exchange services or facilities for the purpose of the
      origination or termination of telephone toll services.
      (17) Foreign communication
        The term "foreign communication" or "foreign transmission"
      means communication or transmission from or to any place in the
      United States to or from a foreign country, or between a station
      in the United States and a mobile station located outside the
      United States.
      (18) Great Lakes Agreement
        The term "Great Lakes Agreement" means the Agreement for the
      Promotion of Safety on the Great Lakes by Means of Radio in force
      and the regulations referred to therein.
      (19) Harbor
        The term "harbor" or "port" means any place to which ships may
      resort for shelter or to load or unload passengers or goods, or
      to obtain fuel, water, or supplies. This term shall apply to such
      places whether proclaimed public or not and whether natural or
      artificial.
      (20) Information service
        The term "information service" means the offering of a
      capability for generating, acquiring, storing, transforming,
      processing, retrieving, utilizing, or making available
      information via telecommunications, and includes electronic
      publishing, but does not include any use of any such capability
      for the management, control, or operation of a telecommunications
      system or the management of a telecommunications service.
      (21) InterLATA service
        The term "interLATA service" means telecommunications between a
      point located in a local access and transport area and a point
      located outside such area.
      (22) Interstate communication
        The term "interstate communication" or "interstate
      transmission" means communication or transmission (A) from any
      State, Territory, or possession of the United States (other than
      the Canal Zone), or the District of Columbia, to any other State,
      Territory, or possession of the United States (other than the
      Canal Zone), or the District of Columbia, (B) from or to the
      United States to or from the Canal Zone, insofar as such
      communication or transmission takes place within the United
      States, or (C) between points within the United States but
      through a foreign country; but shall not, with respect to the
      provisions of subchapter II of this chapter (other than section
      223 of this title), include wire or radio communication between
      points in the same State, Territory, or possession of the United
      States, or the District of Columbia, through any place outside
      thereof, if such communication is regulated by a State
      commission.
      (23) Land station
        The term "land station" means a station, other than a mobile
      station, used for radio communication with mobile stations.
      (24) Licensee
        The term "licensee" means the holder of a radio station license
      granted or continued in force under authority of this chapter.
      (25) Local access and transport area
        The term "local access and transport area" or "LATA" means a
      contiguous geographic area - 
          (A) established before February 8, 1996, by a Bell operating
        company such that no exchange area includes points within more
        than 1 metropolitan statistical area, consolidated metropolitan
        statistical area, or State, except as expressly permitted under
        the AT&T Consent Decree; or
          (B) established or modified by a Bell operating company after
        February 8, 1996, and approved by the Commission.
      (26) Local exchange carrier
        The term "local exchange carrier" means any person that is
      engaged in the provision of telephone exchange service or
      exchange access. Such term does not include a person insofar as
      such person is engaged in the provision of a commercial mobile
      service under section 332(c) of this title, except to the extent
      that the Commission finds that such service should be included in
      the definition of such term.
      (27) Mobile service
        The term "mobile service" means a radio communication service
      carried on between mobile stations or receivers and land
      stations, and by mobile stations communicating among themselves,
      and includes (A) both one-way and two-way radio communication
      services, (B) a mobile service which provides a regularly
      interacting group of base, mobile, portable, and associated
      control and relay stations (whether licensed on an individual,
      cooperative, or multiple basis) for private one-way or two-way
      land mobile radio communications by eligible users over
      designated areas of operation, and (C) any service for which a
      license is required in a personal communications service
      established pursuant to the proceeding entitled "Amendment to the
      Commission's Rules to Establish New Personal Communications
      Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any
      successor proceeding.
      (28) Mobile station
        The term "mobile station" means a radio-communication station
      capable of being moved and which ordinarily does move.
      (29) Network element
        The term "network element" means a facility or equipment used
      in the provision of a telecommunications service. Such term also
      includes features, functions, and capabilities that are provided
      by means of such facility or equipment, including subscriber
      numbers, databases, signaling systems, and information sufficient
      for billing and collection or used in the transmission, routing,
      or other provision of a telecommunications service.
      (30) Number portability
        The term "number portability" means the ability of users of
      telecommunications services to retain, at the same location,
      existing telecommunications numbers without impairment of
      quality, reliability, or convenience when switching from one
      telecommunications carrier to another.
      (31) Operator
        (A) The term "operator" on a ship of the United States means,
      for the purpose of parts II and III of subchapter III of this
      chapter, a person holding a radio operator's license of the
      proper class as prescribed and issued by the Commission.
        (B) "Operator" on a foreign ship means, for the purpose of part
      II of subchapter III of this chapter, a person holding a
      certificate as such of the proper class complying with the
      provisions of the radio regulations annexed to the International
      Telecommunication Convention in force, or complying with an
      agreement or treaty between the United States and the country in
      which the ship is registered.
      (32) Person
        The term "person" includes an individual, partnership,
      association, joint-stock company, trust, or corporation.
      (33) Radio communication
        The term "radio communication" or "communication by radio"
      means the transmission by radio of writing, signs, signals,
      pictures, and sounds of all kinds, including all
      instrumentalities, facilities, apparatus, and services (among
      other things, the receipt, forwarding, and delivery of
      communications) incidental to such transmission.
      (34) Radio officer
        (A) The term "radio officer" on a ship of the United States
      means, for the purpose of part II of subchapter III of this
      chapter, a person holding at least a first or second class
      radiotelegraph operator's license as prescribed and issued by the
      Commission. When such person is employed to operate a
      radiotelegraph station aboard a ship of the United States, he is
      also required to be licensed as a "radio officer" in accordance
      with chapter 71 of title 46.
        (B) "Radio officer" on a foreign ship means, for the purpose of
      part II of subchapter III of this chapter, a person holding at
      least a first or second class radiotelegraph operator's
      certificate complying with the provisions of the radio
      regulations annexed to the International Telecommunication
      Convention in force.
      (35) Radio station
        The term "radio station" or "station" means a station equipped
      to engage in radio communication or radio transmission of energy.
      (36) Radiotelegraph auto alarm
        The term "radiotelegraph auto alarm" on a ship of the United
      States subject to the provisions of part II of subchapter III of
      this chapter means an automatic alarm receiving apparatus which
      responds to the radiotelegraph alarm signal and has been approved
      by the Commission. "Radiotelegraph auto alarm" on a foreign ship
      means an automatic alarm receiving apparatus which responds to
      the radiotelegraph alarm signal and has been approved by the
      government of the country in which the ship is registered:
      Provided, That the United States and the country in which the
      ship is registered are parties to the same treaty, convention, or
      agreement prescribing the requirements for such apparatus.
      Nothing in this chapter or in any other provision of law shall be
      construed to require the recognition of a radiotelegraph auto
      alarm as complying with part II of subchapter III of this
      chapter, on a foreign ship subject to part II of subchapter III
      of this chapter, where the country in which the ship is
      registered and the United States are not parties to the same
      treaty, convention, or agreement prescribing the requirements for
      such apparatus.
      (37) Rural telephone company
        The term "rural telephone company" means a local exchange
      carrier operating entity to the extent that such entity - 
          (A) provides common carrier service to any local exchange
        carrier study area that does not include either - 
            (i) any incorporated place of 10,000 inhabitants or more,
          or any part thereof, based on the most recently available
          population statistics of the Bureau of the Census; or
            (ii) any territory, incorporated or unincorporated,
          included in an urbanized area, as defined by the Bureau of
          the Census as of August 10, 1993;

          (B) provides telephone exchange service, including exchange
        access, to fewer than 50,000 access lines;
          (C) provides telephone exchange service to any local exchange
        carrier study area with fewer than 100,000 access lines; or
          (D) has less than 15 percent of its access lines in
        communities of more than 50,000 on February 8, 1996.
      (38) Safety convention
        The term "safety convention" means the International Convention
      for the Safety of Life at Sea in force and the regulations
      referred to therein.
      (39) Ship
        (A) The term "ship" or "vessel" includes every description of
      watercraft or other artificial contrivance, except aircraft, used
      or capable of being used as a means of transportation on water,
      whether or not it is actually afloat.
        (B) A ship shall be considered a passenger ship if it carries
      or is licensed or certificated to carry more than twelve
      passengers.
        (C) A cargo ship means any ship not a passenger ship.
        (D) A passenger is any person carried on board a ship or vessel
      except (1) the officers and crew actually employed to man and
      operate the ship, (2) persons employed to carry on the business
      of the ship, and (3) persons on board a ship when they are
      carried, either because of the obligation laid upon the master to
      carry shipwrecked, distressed, or other persons in like or
      similar situations or by reason of any circumstance over which
      neither the master, the owner, nor the charterer (if any) has
      control.
        (E) "Nuclear ship" means a ship provided with a nuclear
      powerplant.
      (40) State
        The term "State" includes the District of Columbia and the
      Territories and possessions.
      (41) State commission
        The term "State commission" means the commission, board, or
      official (by whatever name designated) which under the laws of
      any State has regulatory jurisdiction with respect to intrastate
      operations of carriers.
      (42) Station license
        The term "station license", "radio station license", or
      "license" means that instrument of authorization required by this
      chapter or the rules and regulations of the Commission made
      pursuant to this chapter, for the use or operation of apparatus
      for transmission of energy, or communications, or signals by
      radio, by whatever name the instrument may be designated by the
      Commission.
      (43) Telecommunications
        The term "telecommunications" means the transmission, between
      or among points specified by the user, of information of the
      user's choosing, without change in the form or content of the
      information as sent and received.
      (44) Telecommunications carrier
        The term "telecommunications carrier" means any provider of
      telecommunications services, except that such term does not
      include aggregators of telecommunications services (as defined in
      section 226 of this title). A telecommunications carrier shall be
      treated as a common carrier under this chapter only to the extent
      that it is engaged in providing telecommunications services,
      except that the Commission shall determine whether the provision
      of fixed and mobile satellite service shall be treated as common
      carriage.
      (45) Telecommunications equipment
        The term "telecommunications equipment" means equipment, other
      than customer premises equipment, used by a carrier to provide
      telecommunications services, and includes software integral to
      such equipment (including upgrades).
      (46) Telecommunications service
        The term "telecommunications service" means the offering of
      telecommunications for a fee directly to the public, or to such
      classes of users as to be effectively available directly to the
      public, regardless of the facilities used.
      (47) Telephone exchange service
        The term "telephone exchange service" means (A) service within
      a telephone exchange, or within a connected system of telephone
      exchanges within the same exchange area operated to furnish to
      subscribers intercommunicating service of the character
      ordinarily furnished by a single exchange, and which is covered
      by the exchange service charge, or (B) comparable service
      provided through a system of switches, transmission equipment, or
      other facilities (or combination thereof) by which a subscriber
      can originate and terminate a telecommunications service.
      (48) Telephone toll service
        The term "telephone toll service" means telephone service
      between stations in different exchange areas for which there is
      made a separate charge not included in contracts with subscribers
      for exchange service.
      (49) Television service
        (A) Analog television service
          The term "analog television service" means television service
        provided pursuant to the transmission standards prescribed by
        the Commission in section 73.682(a) of its regulations (47
        C.F.R. 73.682(a)).
        (B) Digital television service
          The term "digital television service" means television
        service provided pursuant to the transmission standards
        prescribed by the Commission in section 73.682(d) of its
        regulations (47 C.F.R. 73.682(d)).
      (50) Transmission of energy by radio
        The term "transmission of energy by radio" or "radio
      transmission of energy" includes both such transmission and all
      instrumentalities, facilities, and services incidental to such
      transmission.
      (51) United States
        The term "United States" means the several States and
      Territories, the District of Columbia, and the possessions of the
      United States, but does not include the Canal Zone.
      (52) Wire communication
        The term "wire communication" or "communication by wire" means
      the transmission of writing, signs, signals, pictures, and sounds
      of all kinds by aid of wire, cable, or other like connection
      between the points of origin and reception of such transmission,
      including all instrumentalities, facilities, apparatus, and
      services (among other things, the receipt, forwarding, and
      delivery of communications) incidental to such transmission.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 3, 48 Stat. 1065; May 20,
    1937, ch. 229, Sec. 2, 50 Stat. 189; Proc. No. 2695, eff. July 4,
    1946, 11 F.R. 7517, 60 Stat. 1352; July 16, 1952, ch. 879, Sec. 2,
    66 Stat. 711; Apr. 27, 1954, ch. 175, Secs. 2, 3, 68 Stat. 64; Aug.
    13, 1954, ch. 729, Sec. 3, 68 Stat. 707; Aug. 13, 1954, ch. 735,
    Sec. 1, 68 Stat. 729; Aug. 6, 1956, ch. 973, Sec. 3, 70 Stat. 1049;
    Pub. L. 89-121, Sec. 1, Aug. 13, 1965, 79 Stat. 511; Pub. L. 90-
    299, Sec. 2, May 3, 1968, 82 Stat. 112; Pub. L. 97-259, title I,
    Sec. 120(b), Sept. 13, 1982, 96 Stat. 1097; Pub. L. 103-66, title
    VI, Sec. 6002(b)(2)(B)(ii), Aug. 10, 1993, 107 Stat. 396; Pub. L.
    104-104, Sec. 3(a), (c), Feb. 8, 1996, 110 Stat. 58, 61; Pub. L.
    105-33, title III, Sec. 3001(b), Aug. 5, 1997, 111 Stat. 258.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in pars. (22) and (51),
    see section 3602(b) of Title 22, Foreign Relations and Intercourse.
      Part II of subchapter III of this chapter, referred to in pars.
    (31), (34), and (36), is classified to section 351 et seq. of this
    title. Part III of subchapter III of this chapter, referred to in
    par. (31)(A), is classified to section 381 et seq. of this title.

-COD-
                               CODIFICATION                           
      In par. (34)(A), "chapter 71 of title 46" substituted for "the
    Act of May 12, 1948 (46 U.S.C. 229a-h)" on authority of Pub. L. 98-
    89, Sec. 2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of which
    enacted Title 46, Shipping.
      References to Philippine Islands in pars. (22) and (51) of this
    section omitted on authority of Proc. No. 2695, issued pursuant to
    section 1394 of Title 22, Foreign Relations and Intercourse, which
    proclamation recognized the independence of Philippine Islands as
    of July 4, 1946. Proc. No. 2695 is set out under section 1394 of
    Title 22.

-MISC1-
                                AMENDMENTS                            
      1997 - Pars. (49) to (52). Pub. L. 105-33 added par. (49) and
    redesignated former pars. (49) to (51) as (50) to (52),
    respectively.
      1996 - Pub. L. 104-104, Sec. 3(a)(2), (c)(4)-(8), redesignated
    subsecs. (a) to (ff) as pars. (1) to (32), respectively, realigned
    margins, inserted headings and words "The term", changed
    capitalization, added pars. (33) to (51), reordered pars. in
    alphabetical order based on headings of pars. and renumbered pars.
    as so reordered.
      Subsecs. (e), (n). Pub. L. 104-104, Sec. 3(c)(1), redesignated
    clauses (1) to (3) as (A) to (C), respectively.
      Subsec. (r). Pub. L. 104-104, Sec. 3(a)(1), designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (w). Pub. L. 104-104, Sec. 3(c)(2), redesignated pars.
    (1) to (5) as subpars. (A) to (E), respectively.
      Subsecs. (y), (z). Pub. L. 104-104, Sec. 3(c)(3), redesignated
    pars. (1) and (2) as subpars. (A) and (B), respectively.
      1993 - Subsec. (n). Pub. L. 103-66, Sec. 6002(b)(2)(B)(ii)(I),
    inserted cl. (1) designation and added cls. (2) and (3).
      Subsec. (gg). Pub. L. 103-66, Sec. 6002(b)(2)(B)(ii)(II), struck
    out subsec. (gg) which read as follows: " 'Private land mobile
    service' means a mobile service which provides a regularly
    interacting group of base, mobile, portable, and associated control
    and relay stations (whether licensed on an individual, cooperative,
    or multiple basis) for private one-way or two-way land mobile radio
    communications by eligible users over designated areas of
    operation."
      1982 - Subsec. (n). Pub. L. 97-259, Sec. 120(b)(2), substituted
    "a radio" for "the radio", inserted "or receivers" after "between
    mobile stations", and inserted provision that "mobile service"
    includes both one-way and two-way radio communication services.
      Subsec. (gg). Pub. L. 97-259, Sec. 120(b)(1), added subsec. (gg).
      1968 - Subsec. (e). Pub. L. 90-299 inserted "(other than section
    223 of this title)" after "subchapter II of this chapter".
      1965 - Subsec. (w)(5). Pub. L. 89-121, Sec. 1(1), added par. (5).
      Subsec. (x). Pub. L. 89-121, Sec. 1(2), among other changes,
    substituted "radiotelegraph auto alarm" for "auto-alarm" wherever
    appearing, "receiving apparatus which responds to the
    radiotelegraph alarm signal" for "receiver" in two places, and
    "country in which the ship is registered" for "country to which the
    ship belongs" and for "country of origin".
      Subsec. (y). Pub. L. 89-121, Sec. 1(3), struck out "qualified
    operator" from pars. (1) and (2), and substituted "country in which
    the ship is registered" for "country to which the ship belongs".
      Subsec. (z). Pub. L. 89-121, Sec. 1(4)(D), (E), added subsec. (z)
    and redesignated former subsec. (z) as (aa).
      Subsec. (aa). Pub. L. 89-121, Sec. 1(4)(A), (D), redesignated
    former subsec. (z) as (aa) and former subsec. (aa) as (bb).
      Subsecs. (bb) to (dd). Pub. L. 89-121, Sec. 1(4)(A), redesignated
    former subsecs. (aa) to (cc) as (bb) to (dd) and former subsec.
    (dd) as (ee).
      Subsec. (ee). Pub. L. 89-121, Sec. 1(4)(A), (B), redesignated
    former subsec. (dd) as (ee), and repealed former subsec. (ee) which
    defined "existing installation".
      Subsecs. (ff), (gg). Pub. L. 89-121, Sec. 1(4)(B), (C),
    redesignated subsec. (gg) as (ff) and repealed former subsec. (ff)
    which defined "new installation".
      1956 - Subsec. (y)(2). Act Aug. 6, 1956, substituted "parts II
    and III of subchapter III of this chapter" for "part II of
    subchapter III of this chapter".
      1954 - Subsec. (e). Act Apr. 27, 1954, Sec. 2, obviated any
    possible construction that the Commission is empowered to assert
    common-carrier jurisdiction over point-to-point communication by
    radio between two points within a single State when the only
    possible claim that such an operation constitutes an interstate
    communication rests on the fact that the signal may traverse the
    territory of another State.
      Subsec. (u). Act Apr. 27, 1954, Sec. 3, inserted reference to
    clauses (3) and (4) of section 152(b) of this title.
      Subsecs. (ee), (ff). Act Aug. 13, 1954, ch. 729, added subsecs.
    (ee) and (ff).
      Subsec. (gg), "Great Lakes Agreement". Act Aug. 13, 1954, ch.
    735, added another subsec. (ee) which for purposes of codification
    was designated subsec. (gg).
      1952 - Subsecs. (bb) to (dd). Act July 16, 1952, added subsecs.
    (bb) to (dd).
      1937 - Subsecs. (w) to (aa). Act May 20, 1937, added subsecs. (w)
    to (aa).

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see
    section 4 of act Aug. 6, 1956, set out as an Effective Date note
    under section 381 of this title.

                     EFFECTIVE DATE OF 1954 AMENDMENT                 
      Amendment by act Aug. 13, 1954, ch. 735, effective Nov. 13, 1954,
    see section 6 of act Aug. 13, 1954, set out as an Effective Date
    note under section 507 of this title.

                     EFFECTIVE DATE OF 1952 AMENDMENT                 
      Section 19 of act July 16, 1952, provided that: "This Act
    [enacting section 1343 of Title 18, Crimes and Criminal Procedure,
    amending this section and sections 154, 155, 307 to 312, 315, 316,
    319, 402, 405, 409, and 410 of this title, and enacting provisions
    set out as notes under this section and section 609 of this title]
    shall take effect on the date of its enactment [July 16, 1952], but
    - 
        "(1) Insofar as the amendments made by this Act to the
      Communications Act of 1934 [this chapter] provide for procedural
      changes, requirements imposed by such changes shall not be
      mandatory as to any agency proceeding (as defined in the
      Administrative Procedure Act) [see sections 551 et seq. and 701
      et seq. of Title 5, Government Organization and Employees] with
      respect to which hearings have been commenced prior to the date
      of enactment of this Act [July 16, 1952].
        "(2) The amendments made by this Act to section 402 of the
      Communications Act of 1934 [section 402 of this title] (relating
      to judicial review of orders and decisions of the Commission)
      shall not apply with respect to any action or appeal which is
      pending before any court on the date of enactment of this Act
      [July 16, 1952]."

                            COMMON TERMINOLOGY                        
      Section 3001(a) of title III of Pub. L. 105-33 provided that:
    "Except as otherwise provided in this title [enacting section 337
    of this title, amending this section and sections 303, 309, and 923
    to 925 of this title, enacting provisions set out as notes under
    sections 254, 309, and 925 of this title, and repealing provisions
    set out as a note under section 309 of this title], the terms used
    in this title have the meanings provided in section 3 of the
    Communications Act of 1934 (47 U.S.C. 153), as amended by this
    section."
      Section 3(b) of Pub. L. 104-104 provided that: "Except as
    otherwise provided in this Act [see Short Title of 1996 Amendment
    note set out under section 609 of this title], the terms used in
    this Act have the meanings provided in section 3 of the
    Communications Act of 1934 (47 U.S.C. 153), as amended by this
    section."

                           GREAT LAKES AGREEMENT                       
      The Great Lakes Agreement, referred to in this section, relates
    to the bilateral Agreement for the Promotion of Safety on the Great
    Lakes by Means of Radio, signed at Ottawa, Canada, Feb. 21, 1952;
    entered into force Nov. 13, 1954, 3 UST 4926. A subsequent
    agreement for Promotion of Safety on the Great Lakes by Means of
    Radio, 1973, was signed at Ottawa, Canada, Feb. 26, 1973, and
    entered into force May 16, 1975, 25 UST 935.

                             SAFETY CONVENTION                         
      The United States was a party to the International Convention for
    the Safety of Life at Sea, signed at London May 31, 1929, entered
    into force as to the United States, Nov. 7, 1936, 50 Stat. 1121,
    1306. For subsequent International Conventions for the Safety of
    Life at Sea to which the United States has been a party, see
    section 1602 of Title 33, Navigation and Navigable Waters, and
    notes thereunder.

-End-

-CITE-
    47 USC Sec. 154                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 154. Federal Communications Commission

-STATUTE-
    (a) Number of commissioners; appointment
      The Federal Communications Commission (in this chapter referred
    to as the "Commission") shall be composed of five commissioners
    appointed by the President, by and with the advice and consent of
    the Senate, one of whom the President shall designate as chairman.
    (b) Qualifications
      (1) Each member of the Commission shall be a citizen of the
    United States.
      (2)(A) No member of the Commission or person employed by the
    Commission shall - 
        (i) be financially interested in any company or other entity
      engaged in the manufacture or sale of telecommunications
      equipment which is subject to regulation by the Commission;
        (ii) be financially interested in any company or other entity
      engaged in the business of communication by wire or radio or in
      the use of the electromagnetic spectrum;
        (iii) be financially interested in any company or other entity
      which controls any company or other entity specified in clause
      (i) or clause (ii), or which derives a significant portion of its
      total income from ownership of stocks, bonds, or other securities
      of any such company or other entity; or
        (iv) be employed by, hold any official relation to, or own any
      stocks, bonds, or other securities of, any person significantly
      regulated by the Commission under this chapter;

    except that the prohibitions established in this subparagraph shall
    apply only to financial interests in any company or other entity
    which has a significant interest in communications, manufacturing,
    or sales activities which are subject to regulation by the
    Commission.
      (B)(i) The Commission shall have authority to waive, from time to
    time, the application of the prohibitions established in
    subparagraph (A) to persons employed by the Commission if the
    Commission determines that the financial interests of a person
    which are involved in a particular case are minimal, except that
    such waiver authority shall be subject to the provisions of section
    208 of title 18. The waiver authority established in this
    subparagraph shall not apply with respect to members of the
    Commission.
      (ii) In any case in which the Commission exercises the waiver
    authority established in this subparagraph, the Commission shall
    publish notice of such action in the Federal Register and shall
    furnish notice of such action to the appropriate committees of each
    House of the Congress. Each such notice shall include information
    regarding the identity of the person receiving the waiver, the
    position held by such person, and the nature of the financial
    interests which are the subject of the waiver.
      (3) The Commission, in determining whether a company or other
    entity has a significant interest in communications, manufacturing,
    or sales activities which are subject to regulation by the
    Commission, shall consider (without excluding other relevant
    factors) - 
        (A) the revenues, investments, profits, and managerial efforts
      directed to the related communications, manufacturing, or sales
      activities of the company or other entity involved, as compared
      to the other aspects of the business of such company or other
      entity;
        (B) the extent to which the Commission regulates and oversees
      the activities of such company or other entity;
        (C) the degree to which the economic interests of such company
      or other entity may be affected by any action of the Commission;
      and
        (D) the perceptions held by the public regarding the business
      activities of such company or other entity.

      (4) Members of the Commission shall not engage in any other
    business, vocation, profession, or employment while serving as such
    members.
      (5) The maximum number of commissioners who may be members of the
    same political party shall be a number equal to the least number of
    commissioners which constitutes a majority of the full membership
    of the Commission.
    (c) Terms of office; vacancies
      commissioners (!1) shall be appointed for terms of five years and
    until their successors are appointed and have been confirmed and
    taken the oath of office, except that they shall not continue to
    serve beyond the expiration of the next session of Congress
    subsequent to the expiration of said fixed term of office; except
    that any person chosen to fill a vacancy shall be appointed only
    for the unexpired term of the commissioner whom he succeeds. No
    vacancy in the Commission shall impair the right of the remaining
    commissioners to exercise all the powers of the Commission.

    (d) Compensation of Commission members
      Each Commissioner shall receive an annual salary at the annual
    rate payable from time to time for level IV of the Executive
    Schedule, payable in monthly installments. The Chairman of the
    Commission, during the period of his service as Chairman, shall
    receive an annual salary at the annual rate payable from time to
    time for level III of the Executive Schedule.
    (e) Principal office; special sessions
      The principal office of the Commission shall be in the District
    of Columbia, where its general sessions shall be held; but whenever
    the convenience of the public or of the parties may be promoted or
    delay or expense prevented thereby, the Commission may hold special
    sessions in any part of the United States.
    (f) Employees and assistants; compensation of members of Field
      Engineering and Monitoring Bureau; use of amateur volunteers for
      certain purposes; commercial radio operator examinations
      (1) The Commission shall have authority, subject to the
    provisions of the civil-service laws and chapter 51 and subchapter
    III of chapter 53 of title 5, to appoint such officers, engineers,
    accountants, attorneys, inspectors, examiners, and other employees
    as are necessary in the exercise of its functions.
      (2) Without regard to the civil-service laws, but subject to
    chapter 51 and subchapter III of chapter 53 of title 5, each
    commissioner may appoint three professional assistants and a
    secretary, each of whom shall perform such duties as such
    commissioner shall direct. In addition, the chairman of the
    Commission may appoint, without regard to the civil-service laws,
    but subject to chapter 51 and subchapter III of chapter 53 of title
    5, and administrative assistant who shall perform such duties as
    the chairman shall direct.
      (3) The Commission shall fix a reasonable rate of extra
    compensation for overtime services of engineers in charge and radio
    engineers of the Field Engineering and Monitoring Bureau of the
    Federal Communications Commission, who may be required to remain on
    duty between the hours of 5 o'clock postmeridian and 8 o'clock
    antemeridian or on Sundays or holidays to perform services in
    connection with the inspection of ship radio equipment and
    apparatus for the purposes of part II of subchapter III of this
    chapter or the Great Lakes Agreement, on the basis of one-half
    day's additional pay for each two hours or fraction thereof of at
    least one hour that the overtime extends beyond 5 o'clock
    postmeridian (but not to exceed two and one-half days' pay for the
    full period from 5 o'clock postmeridian to 8 o'clock antemeridian)
    and two additional days' pay for Sunday or holiday duty. The said
    extra compensation for overtime services shall be paid by the
    master, owner, or agent of such vessel to the local United States
    collector of customs or his representative, who shall deposit such
    collection into the Treasury of the United States to an
    appropriately designated receipt account: Provided, That the
    amounts of such collections received by the said collector of
    customs or his representatives shall be covered into the Treasury
    as miscellaneous receipts; and the payments of such extra
    compensation to the several employees entitled thereto shall be
    made from the annual appropriations for salaries and expenses of
    the Commission: Provided further, That to the extent that the
    annual appropriations which are authorized to be made from the
    general fund of the Treasury are insufficient, there are authorized
    to be appropriated from the general fund of the Treasury such
    additional amounts as may be necessary to the extent that the
    amounts of such receipts are in excess of the amounts appropriated:
    Provided further, That such extra compensation shall be paid if
    such field employees have been ordered to report for duty and have
    so reported whether the actual inspection of the radio equipment or
    apparatus takes place or not: And provided further, That in those
    ports where customary working hours are other than those
    hereinabove mentioned, the engineers in charge are vested with
    authority to regulate the hours of such employees so as to agree
    with prevailing working hours in said ports where inspections are
    to be made, but nothing contained in this proviso shall be
    construed in any manner to alter the length of a working day for
    the engineers in charge and radio engineers or the overtime pay
    herein fixed: and Provided further, That, in the alternative, an
    entity designated by the Commission may make the inspections
    referred to in this paragraph.
      (4)(A) The Commission, for purposes of preparing or administering
    any examination for an amateur station operator license, may accept
    and employ the voluntary and uncompensated services of any
    individual who holds an amateur station operator license of a
    higher class than the class of license for which the examination is
    being prepared or administered. In the case of examinations for the
    highest class of amateur station operator license, the Commission
    may accept and employ such services of any individual who holds
    such class of license.
      (B)(i) The Commission, for purposes of monitoring violations of
    any provision of this chapter (and of any regulation prescribed by
    the Commission under this chapter) relating to the amateur radio
    service, may - 
        (I) recruit and train any individual licensed by the Commission
      to operate an amateur station; and
        (II) accept and employ the voluntary and uncompensated services
      of such individual.

      (ii) The Commission, for purposes of recruiting and training
    individuals under clause (i) and for purposes of screening,
    annotating, and summarizing violation reports referred under clause
    (i), may accept and employ the voluntary and uncompensated services
    of any amateur station operator organization.
      (iii) The functions of individuals recruited and trained under
    this subparagraph shall be limited to - 
        (I) the detection of improper amateur radio transmissions;
        (II) the conveyance to Commission personnel of information
      which is essential to the enforcement of this chapter (or
      regulations prescribed by the Commission under this chapter)
      relating to the amateur radio service; and
        (III) issuing advisory notices, under the general direction of
      the Commission, to persons who apparently have violated any
      provision of this chapter (or regulations prescribed by the
      Commission under this chapter) relating to the amateur radio
      service.

    Nothing in this clause shall be construed to grant individuals
    recruited and trained under this subparagraph any authority to
    issue sanctions to violators or to take any enforcement action
    other than any action which the Commission may prescribe by rule.
      (C)(i) The Commission, for purposes of monitoring violations of
    any provision of this chapter (and of any regulation prescribed by
    the Commission under this chapter) relating to the citizens band
    radio service, may - 
        (I) recruit and train any citizens band radio operator; and
        (II) accept and employ the voluntary and uncompensated services
      of such operator.

      (ii) The Commission, for purposes of recruiting and training
    individuals under clause (i) and for purposes of screening,
    annotating, and summarizing violation reports referred under clause
    (i), may accept and employ the voluntary and uncompensated services
    of any citizens band radio operator organization. The Commission,
    in accepting and employing services of individuals under this
    subparagraph, shall seek to achieve a broad representation of
    individuals and organizations interested in citizens band radio
    operation.
      (iii) The functions of individuals recruited and trained under
    this subparagraph shall be limited to - 
        (I) the detection of improper citizens band radio
      transmissions;
        (II) the conveyance to Commission personnel of information
      which is essential to the enforcement of this chapter (or
      regulations prescribed by the Commission under this chapter)
      relating to the citizens band radio service; and
        (III) issuing advisory notices, under the general direction of
      the Commission, to persons who apparently have violated any
      provision of this chapter (or regulations prescribed by the
      Commission under this chapter) relating to the citizens band
      radio service.

    Nothing in this clause shall be construed to grant individuals
    recruited and trained under this subparagraph any authority to
    issue sanctions to violators or to take any enforcement action
    other than any action which the Commission may prescribe by rule.
      (D) The Commission shall have the authority to endorse
    certification of individuals to perform transmitter installation,
    operation, maintenance, and repair duties in the private land
    mobile services and fixed services (as defined by the Commission by
    rule) if such certification programs are conducted by organizations
    or committees which are representative of the users in those
    services and which consist of individuals who are not officers or
    employees of the Federal Government.
      (E) The authority of the Commission established in this paragraph
    shall not be subject to or affected by the provisions of part III
    of title 5 or section 1342 of title 31.
      (F) Any person who provides services under this paragraph shall
    not be considered, by reason of having provided such services, a
    Federal employee.
      (G) The Commission, in accepting and employing services of
    individuals under subparagraphs (A) and (B), shall seek to achieve
    a broad representation of individuals and organizations interested
    in amateur station operation.
      (H) The Commission may establish rules of conduct and other
    regulations governing the service of individuals under this
    paragraph.
      (I) With respect to the acceptance of voluntary uncompensated
    services for the preparation, processing, or administration of
    examinations for amateur station operator licenses pursuant to
    subparagraph (A) of this paragraph, individuals, or organizations
    which provide or coordinate such authorized volunteer services may
    recover from examinees reimbursement for out-of-pocket costs.
      (5)(A) The Commission, for purposes of preparing and
    administering any examination for a commercial radio operator
    license or endorsement, may accept and employ the services of
    persons that the Commission determines to be qualified. Any person
    so employed may not receive compensation for such services, but may
    recover from examinees such fees as the Commission permits,
    considering such factors as public service and cost estimates
    submitted by such person.
      (B) The Commission may prescribe regulations to select, oversee,
    sanction, and dismiss any person authorized under this paragraph to
    be employed by the Commission.
      (C) Any person who provides services under this paragraph or who
    provides goods in connection with such services shall not, by
    reason of having provided such service or goods, be considered a
    Federal or special government employee.
    (g) Expenditures
      (1) The Commission may make such expenditures (including
    expenditures for rent and personal services at the seat of
    government and elsewhere, for office supplies, law books,
    periodicals, and books of reference, for printing and binding, for
    land for use as sites for radio monitoring stations and related
    facilities, including living quarters where necessary in remote
    areas, for the construction of such stations and facilities, and
    for the improvement, furnishing, equipping, and repairing of such
    stations and facilities and of laboratories and other related
    facilities (including construction of minor subsidiary buildings
    and structures not exceeding $25,000 in any one instance) used in
    connection with technical research activities), as may be necessary
    for the execution of the functions vested in the Commission and as
    may be appropriated for by the Congress in accordance with the
    authorizations of appropriations established in section 156 of this
    title. All expenditures of the Commission, including all necessary
    expenses for transportation incurred by the commissioners or by
    their employees, under their orders, in making any investigation or
    upon any official business in any other places than in the city of
    Washington, shall be allowed and paid on the presentation of
    itemized vouchers therefor approved by the chairman of the
    Commission or by such other member or officer thereof as may be
    designated by the Commission for that purpose.
      (2)(A) If - 
        (i) the necessary expenses specified in the last sentence of
      paragraph (1) have been incurred for the purpose of enabling
      commissioners or employees of the Commission to attend and
      participate in any convention, conference, or meeting;
        (ii) such attendance and participation are in furtherance of
      the functions of the Commission; and
        (iii) such attendance and participation are requested by the
      person sponsoring such convention, conference, or meeting;

    then the Commission shall have authority to accept direct
    reimbursement from such sponsor for such necessary expenses.
      (B) The total amount of unreimbursed expenditures made by the
    Commission for travel for any fiscal year, together with the total
    amount of reimbursements which the Commission accepts under
    subparagraph (A) for such fiscal year, shall not exceed the level
    of travel expenses appropriated to the Commission for such fiscal
    year.
      (C) The Commission shall submit to the appropriate committees of
    the Congress, and publish in the Federal Register, quarterly
    reports specifying reimbursements which the Commission has accepted
    under this paragraph.
      (D) The provisions of this paragraph shall cease to have any
    force or effect at the end of fiscal year 1994.
      (E) Funds which are received by the Commission as reimbursements
    under the provisions of this paragraph after the close of a fiscal
    year shall remain available for obligation.
      (3)(A) Notwithstanding any other provision of law, in furtherance
    of its functions the Commission is authorized to accept, hold,
    administer, and use unconditional gifts, donations, and bequests of
    real, personal, and other property (including voluntary and
    uncompensated services, as authorized by section 3109 of title 5).
      (B) The Commission, for purposes of providing radio club and
    military-recreational call signs, may utilize the voluntary,
    uncompensated, and unreimbursed services of amateur radio
    organizations authorized by the Commission that have tax-exempt
    status under section 501(c)(3) of title 26.
      (C) For the purpose of Federal law on income taxes, estate taxes,
    and gift taxes, property or services accepted under the authority
    of subparagraph (A) shall be deemed to be a gift, bequest, or
    devise to the United States.
      (D) The Commission shall promulgate regulations to carry out the
    provisions of this paragraph. Such regulations shall include
    provisions to preclude the acceptance of any gift, bequest, or
    donation that would create a conflict of interest or the appearance
    of a conflict of interest.
    (h) Quorum; seal
      Three members of the Commission shall constitute a quorum
    thereof. The Commission shall have an official seal which shall be
    judicially noticed.
    (i) Duties and powers
      The Commission may perform any and all acts, make such rules and
    regulations, and issue such orders, not inconsistent with this
    chapter, as may be necessary in the execution of its functions.
    (j) Conduct of proceedings; hearings
      The Commission may conduct its proceedings in such manner as will
    best conduce to the proper dispatch of business and to the ends of
    justice. No commissioner shall participate in any hearing or
    proceeding in which he has a pecuniary interest. Any party may
    appear before the Commission and be heard in person or by attorney.
    Every vote and official act of the Commission shall be entered of
    record, and its proceedings shall be public upon the request of any
    party interested. The Commission is authorized to withhold
    publication of records or proceedings containing secret information
    affecting the national defense.
    (k) Annual reports to Congress
      The Commission shall make an annual report to Congress, copies of
    which shall be distributed as are other reports transmitted to
    Congress. Such reports shall contain - 
        (1) such information and data collected by the Commission as
      may be considered of value in the determination of questions
      connected with the regulation of interstate and foreign wire and
      radio communication and radio transmission of energy;
        (2) such information and data concerning the functioning of the
      Commission as will be of value to Congress in appraising the
      amount and character of the work and accomplishments of the
      Commission and the adequacy of its staff and equipment;
        (3) an itemized statement of all funds expended during the
      preceding year by the Commission, of the sources of such funds,
      and of the authority in this chapter or elsewhere under which
      such expenditures were made; and
        (4) specific recommendations to Congress as to additional
      legislation which the Commission deems necessary or desirable,
      including all legislative proposals submitted for approval to the
      Director of the Office of Management and Budget.
    (l) Record of reports
      All reports of investigations made by the Commission shall be
    entered of record, and a copy thereof shall be furnished to the
    party who may have complained, and to any common carrier or
    licensee that may have been complained of.
    (m) Publication of reports; admissibility as evidence
      The Commission shall provide for the publication of its reports
    and decisions in such form and manner as may be best adapted for
    public information and use, and such authorized publications shall
    be competent evidence of the reports and decisions of the
    Commission therein contained in all courts of the United States and
    of the several States without any further proof or authentication
    thereof.
    (n) Compensation of appointees
      Rates of compensation of persons appointed under this section
    shall be subject to the reduction applicable to officers and
    employees of the Federal Government generally.
    (o) Use of communications in safety of life and property
      For the purpose of obtaining maximum effectiveness from the use
    of radio and wire communications in connection with safety of life
    and property, the Commission shall investigate and study all phases
    of the problem and the best methods of obtaining the cooperation
    and coordination of these systems.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 4, 48 Stat. 1066; Jan. 22,
    1936, ch. 25, 49 Stat. 1098; May 20, 1937, ch. 229, Secs. 3, 4, 50
    Stat. 190; Mar. 23, 1941, ch. 24, 55 Stat. 46; July 16, 1952, ch.
    879, Sec. 3, 66 Stat. 711; Aug. 13, 1954, ch. 735, Sec. 2, 68 Stat.
    729; Pub. L. 86-533, Sec. 1(24), June 29, 1960, 74 Stat. 249; Pub.
    L. 86-619, Sec. 2, July 12, 1960, 74 Stat. 407; Pub. L. 86-752,
    Sec. 2, Sept. 13, 1960, 74 Stat. 889; Pub. L. 97-35, title XII,
    Sec. 1251(b), Aug. 13, 1981, 95 Stat. 738; Pub. L. 97-253, title V,
    Sec. 501(b)(1)-(3), Sept. 8, 1982, 96 Stat. 805, 806; Pub. L. 97-
    259, title I, Secs. 102-104, Sept. 13, 1982, 96 Stat. 1087-1089;
    Pub. L. 98-214, Secs. 10, 11, Dec. 8, 1983, 97 Stat. 1471; Pub. L.
    99-272, title V, Sec. 5002(b), Apr. 7, 1986, 100 Stat. 118; Pub. L.
    99-334, Sec. 1(a), June 6, 1986, 100 Stat. 513; Pub. L. 100-594,
    Sec. 3, Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101-396, Secs. 3, 4,
    Sept. 28, 1990, 104 Stat. 848, 849; Pub. L. 102-538, title II,
    Secs. 201, 208, Oct. 27, 1992, 106 Stat. 3542, 3543; Pub. L. 103-
    414, title III, Sec. 303(a)(1), Oct. 25, 1994, 108 Stat. 4294;
    Pub. L. 104-66, title II, Sec. 2051(b), Dec. 21, 1995, 109 Stat.
    729; Pub. L. 104-104, title IV, Sec. 403(a), (b), Feb. 8, 1996, 110
    Stat. 130.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Level III and level IV of the Executive Schedule, referred to in
    subsec. (d), are set out in sections 5314 and 5315, respectively,
    of Title 5, Government Organization and Employees.
      The civil-service laws, referred to in subsec. (f)(1), (2), are
    set forth in Title 5. See particularly, section 3301 et seq. of
    Title 5.
      Part II of subchapter III of this chapter, referred to in subsec.
    (f)(3), is classified to section 351 et seq. of this title.
      Provisions of part III of title 5, referred to in subsec.
    (f)(4)(E), are classified to section 2101 et seq. of Title 5,
    Government Organization and Employees.
      Federal law on income taxes, estate taxes, and gift taxes,
    referred to in subsec. (g)(3)(C), is classified generally to Title
    26, Internal Revenue Code.

-COD-
                               CODIFICATION                           
      In subsec. (f)(1), (2) "chapter 51 and subchapter III of chapter
    53 of title 5" substituted for "the Classification of 1949" on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees.
      In subsec. (f)(4)(E), "section 1342 of title 31" substituted for
    "section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (f)(3). Pub. L. 104-104, Sec. 403(b), inserted
    before period at end ": and Provided further, That, in the
    alternative, an entity designated by the Commission may make the
    inspections referred to in this paragraph".
      Subsec. (f)(4)(A). Pub. L. 104-104, Sec. 403(a)(1), in first
    sentence, inserted "or administering" after "for purposes of
    preparing", "of" after "than the class", and "or administered"
    after "being prepared".
      Subsec. (f)(4)(B). Pub. L. 104-104, Sec. 403(a)(2), (5),
    redesignated subpar. (C) as (B) and struck out former subpar. (B)
    which read as follows: "The Commission, for purposes of
    administering any examination for an amateur station operator
    license, may accept and employ the voluntary and uncompensated
    services of any individual who holds an amateur station operator
    license of a higher class than the class license for which the
    examination is being conducted. In the case of examinations for the
    highest class of amateur station operator license, the Commission
    may accept and employ such services of any individual who holds
    such class of license. Any person who owns a significant interest
    in, or is an employee of, any company or other entity which is
    engaged in the manufacture or distribution of equipment used in
    connection with amateur radio transmissions, or in the preparation
    or distribution of any publication used in preparation for
    obtaining amateur station operator licenses, shall not be eligible
    to render any service under this subparagraph."
      Subsec. (f)(4)(C) to (G). Pub. L. 104-104, Sec. 403(a)(5),
    redesignated subpars. (D) to (H) as (C) to (G), respectively.
    Former subpar. (C) redesignated (B).
      Subsec. (f)(4)(H). Pub. L. 104-104, Sec. 403(a)(5), redesignated
    subpar. (I) as (H). Former subpar. (H) redesignated (G).
      Pub. L. 104-104, Sec. 403(a)(3), substituted "subparagraphs (A)
    and (B)" for "subparagraphs (A), (B), and (C)".
      Subsec. (f)(4)(I). Pub. L. 104-104, Sec. 403(a)(5), redesignated
    subpar. (J) as (I). Former subpar. (I) redesignated (H).
      Subsec. (f)(4)(J). Pub. L. 104-104, Sec. 403(a)(4), (5),
    redesignated subpar. (J) as (I) and substituted "subparagraph (A)
    of this paragraph" for "subparagraph (A) or (B) of this paragraph"
    and struck out last sentence which read as follows: "The total
    amount of allowable cost reimbursement per examinee shall not
    exceed $4, adjusted annually every January 1 for changes in the
    Department of Labor Consumer Price Index."
      1995 - Subsec. (f)(4)(J). Pub. L. 104-66 struck out at end "Such
    individuals and organizations shall maintain records of out-of-
    pocket expenditures and shall certify annually to the Commission
    that all costs for which reimbursement was obtained were
    necessarily and prudently incurred."
      1994 - Subsec. (f)(3). Pub. L. 103-414 substituted "overtime
    extends beyond" for "overtime exceeds beyond".
      1992 - Subsec. (g)(2)(D). Pub. L. 102-538, Sec. 201, substituted
    "1994" for "1992".
      Subsec. (g)(3). Pub. L. 102-538, Sec. 208, added par. (3).
      1990 - Subsec. (f)(5). Pub. L. 101-396, Sec. 3, added par. (5).
      Subsec. (g)(2)(D). Pub. L. 101-396, Sec. 4, substituted "1992"
    for "1989".
      1988 - Subsec. (g)(2)(D). Pub. L. 100-594 substituted "1989" for
    "1987".
      1986 - Subsec. (c). Pub. L. 99-334 substituted "five years" for
    "seven years".
      Subsec. (g)(2)(D). Pub. L. 99-272, Sec. 5002(b)(1), substituted
    "1987" for "1985".
      Subsec. (g)(2)(E). Pub. L. 99-272, Sec. 5002(b)(2), added subpar.
    (E).
      1983 - Subsec. (f)(4)(E) to (I). Pub. L. 98-214, Sec. 10, added
    subpar. (E) and redesignated existing subpars. (E) to (H) as (F) to
    (I), respectively.
      Subsec. (f)(4)(J). Pub. L. 98-214, Sec. 11, added subpar. (J).
      1982 - Subsec. (a). Pub. L. 97-253, Sec. 501(b)(1), substituted
    "five" for "seven".
      Subsec. (b). Pub. L. 97-259, Sec. 102, amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Each
    member of the Commission shall be a citizen of the United States.
    No member of the Commission or person in its employ shall be
    financially interested in the manufacture or sale of radio
    apparatus or of apparatus for wire or radio communication; in
    communication by wire or radio or in radio transmission of energy;
    in any company furnishing services or such apparatus to any company
    engaged in communication by wire or radio or to any company
    manufacturing or selling apparatus used for communication by wire
    or radio; or in any company owning stocks, bonds, or other
    securities of any such company; nor be in the employ of or hold any
    official relation to any person subject to any of the provisions of
    this chapter, nor own stocks, bonds, or other securities of any
    corporation subject to any of the provisions of this chapter. Such
    commissioners shall not engage in any other business, vocation,
    profession, or employment. Any such commissioner serving as such
    after one year from July 16, 1952, shall not for a period of one
    year following the termination of his services as a commissioner
    represent any person before the Commission in a professional
    capacity, except that this restriction shall not apply to any
    commissioner who has served the full term for which he was
    appointed. Not more than four members of the Commission shall be
    members of the same political party."
      Pub. L. 97-253, Sec. 501(b)(2), amended last sentence of subsec.
    (b), prior to the general amendment by Pub. L. 97-259, by
    substituting language identical to that contained in par. (5), as
    added by Pub. L. 97-259.
      Subsec. (c). Pub. L. 97-259, Sec. 103(a), struck out "The" before
    "commissioners" at beginning of subsection, immediately thereafter
    struck out "first appointed under this chapter shall continue in
    office for the terms of one, two, three, four, five, six, and seven
    years, respectively, from the date of the taking effect of this
    chapter, the term of each to be designated by the President, but
    their successors", and substituted "been confirmed and taken the
    oath of office" for "qualified".
      Subsec. (d). Pub. L. 97-259, Sec. 103(b), amended subsec. (d)
    generally, relating to the annual salary rate for the Chairman and
    Commissioners.
      Subsec. (f)(2). Pub. L. 97-259, Sec. 103(c), substituted "three
    professional assistants" for "a legal assistant, an engineering
    assistant,".
      Subsec. (f)(4). Pub. L. 97-259, Sec. 104, added par. (4).
      Subsec. (g). Pub. L. 97-259, Sec. 103(d), designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (h). Pub. L. 97-253, Sec. 501(b)(3), substituted "Three"
    for "Four".
      Subsec. (k)(2). Pub. L. 97-259, Sec. 103(e), struck out proviso
    after "its staff and equipment", relating to the content of first
    and second annual reports after the enactment of the Communications
    Act Amendments of 1952.
      Subsec. (k)(3). Pub. L. 97-259, Sec. 103(f), redesignated par.
    (4) as (3).
      Subsec. (k)(4), (5). Pub. L. 97-259, Sec. 103(f), (g),
    redesignated par. (5) as (4) and substituted "Office of Management
    and Budget" for "Bureau of the Budget". Former par. (4)
    redesignated (3).
      1981 - Subsec. (g). Pub. L. 97-35 substituted requirement
    respecting authorizations under section 156 of this title, for
    provisions respecting appropriations from time to time.
      1960 - Subsec. (b). Pub. L. 86-752 struck out provision that
    permitted commissioners to accept "reasonable honorarium or
    compensation" for "the presentation or delivery of publications or
    papers".
      Subsec. (c). Pub. L. 86-619 provided for continuation in office
    of the commissioners upon termination of their term until their
    successors are appointed and have qualified, not beyond expiration
    of next session of Congress subsequent to the expiration of said
    fixed term of office.
      Subsec. (k)(3). Pub. L. 86-533 repealed par. (3) which required
    the report to contain information with respect to all persons taken
    into the employment of the Commission during the preceding year,
    together with the names of those persons who left the employ of the
    Commission during the year.
      1954 - Subsec. (f)(3). Act Aug. 13, 1954, substituted "engineers"
    for "inspectors" and "Field Engineering and Monitoring Bureau of
    the Federal Communications Commission" for "Field Division of the
    Engineering Department of the Federal Communications Commission"
    and extended provisions to include inspections required pursuant to
    the Great Lakes Agreement.
      1952 - Subsec. (b). Act July 16, 1952, Sec. 3(a), prohibited
    commissioners from engaging in any other work except that they may
    present or deliver papers for an honorarium, and prohibited any
    commissioner from appearing before the Commission in a professional
    capacity for 1 year after termination of his services except that
    this prohibition would not apply where commissioner has completed
    his full term.
      Subsec. (f). Act July 16, 1952, Sec. 3(b), authorized Commission
    to appoint employees, allowed each commissioner to appoint a legal
    assistant, and a secretary, and allowed the Chairman to appoint an
    administrative assistant.
      Subsec. (g). Act July 16, 1952, Sec. 3(c), authorized Commission
    to acquire land for monitoring stations and related facilities.
      Subsec. (k). Act July 16, 1952, Sec. 3(d), required Commission to
    make more detailed reports to Congress.
      1941 - Subsec. (f). Act Mar. 23, 1941, designated existing
    provisions as par. (1) and added par. (2).
      1937 - Subsec. (k). Act May 20, 1937, inserted provisions that
    the Commission report to Congress annually at the beginning session
    of the Congress whether new wire or radio communication legislation
    is necessary and make specific recommendations thereof to Congress.
      Subsec. (o). Act May 20, 1937, added subsec. (o).
      1936 - Subsec. (f). Act Jan. 22, 1936, inserted references to a
    chief accountant and three assistants.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 1(b) of Pub. L. 99-334 provided that: "The amendment made
    by subsection (a) of this section [amending this section] shall
    take effect on the date of enactment of this Act [June 6, 1986,
    except that - 
        "(1) upon the expiration of the term of office prescribed by
      law to occur on June 30, 1986, any person appointed as a member
      of the Federal Communications Commission to fill such office for
      the term following such date shall be eligible to serve until
      June 30, 1990, and any person appointed as a member of the
      Federal Communications Commission to the term of office
      prescribed by law to expire on June 30, 1987, shall be eligible
      to serve until June 30, 1989; and
        "(2) notwithstanding the provisions of subsection (a) of this
      section [amending this section], persons appointed as members of
      the Federal Communications Commission to terms of office
      prescribed by law to expire on June 30, 1988, June 30, 1991, and
      June 30, 1992, shall be eligible to serve until the expiration of
      the term of office on June 30, 1988, June 30, 1991, and June 30,
      1992, whichever is applicable."

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 501(b)(4) of Pub. L. 97-253 provided that: "The
    amendments made in paragraphs (1), (2), and (3) of this subsection
    [amending this section] shall take effect on July 1, 1983."

                     EFFECTIVE DATE OF 1954 AMENDMENT                 
      Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see
    section 6 of act Aug. 13, 1954, set out as an Effective Date note
    under section 507 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in
    subsecs. (g)(2)(C) and (k) of this section relating to requirements
    to submit regular periodic reports to Congress, see section 3003 of
    Pub. L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and the 5th and 9th items on page 167
    of House Document No. 103-7.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      All offices of collector of customs, referred to in subsec.
    (f)(3), in Bureau of Customs of Department of the Treasury to which
    appointments were required to be made by President with advice and
    consent of Senate ordered abolished with such offices to be
    terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of
    1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in
    the Appendix to Title 5, Government Organization and Employees. All
    functions of offices eliminated were already vested in Secretary of
    the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15
    F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

-MISC2-
                          OLDER AMERICANS PROGRAM                      
      Section 6 of Pub. L. 100-594, as amended by Pub. L. 101-396, Sec.
    5, Sept. 28, 1990, 104 Stat. 849; Pub. L. 102-538, title II, Sec.
    212, Oct. 27, 1992, 106 Stat. 3545, provided that:
      "(a) During fiscal years 1992 and 1993, the Federal
    Communications Commission is authorized to make grants to, or enter
    into cooperative agreements with, private nonprofit organizations
    designated by the Secretary of Labor under title V of the Older
    Americans Act of 1965 (42 U.S.C. 3056 et seq.) to utilize the
    talents of older Americans in programs authorized by other
    provisions of law administered by the Commission (and consistent
    with such provisions of law) in providing technical and
    administrative assistance for projects related to the
    implementation, promotion, or enforcement of the regulations of the
    Commission.
      "(b) Prior to awarding any grant or entering into any agreement
    under subsection (a), the Office of the Managing Director of the
    Commission shall certify to the Commission that such grant or
    agreement will not - 
        "(1) result in the displacement of individuals currently
      employed by the Commission;
        "(2) result in the employment of any individual when any other
      individual is on layoff status from the same or a substantially
      equivalent job within the jurisdiction of the Commission; or
        "(3) affect existing contracts for services.
      "(c) Participants in any program under a grant or cooperative
    agreement pursuant to this section shall - 
        "(1) execute a signed statement with the Commission in which
      such participants certify that they will adhere to the standards
      of conduct prescribed for regular employees of the Commission, as
      set forth in part 19 of title 47, Code of Federal Regulations;
      and
        "(2) execute a confidential statement of employment and
      financial interest (Federal Communications Commission Form A-54)
      prior to commencement of work under the program.
    Failure to comply with the terms of the signed statement described
    in paragraph (1) shall result in termination of the individual
    under the grant or agreement.
      "(d) Nothing in this section shall be construed to permit
    employment of any such participant in any decisionmaking or
    policymaking position.
      "(e) Grants or agreements under this section shall be subject to
    prior appropriation Acts."

                    EXPIRATION OF COMMISSIONERS' TERMS                
      Pub. L. 97-253, title V, Sec. 501(a), Sept. 8, 1982, 96 Stat.
    805, provided that: "Upon expiration of the term of office as a
    member of the Federal Communications Commission, which is
    prescribed by law to occur on June 30, 1982, any member appointed
    to fill such office after such date shall be appointed for a term
    which ends on June 30, 1983, and such office shall be abolished on
    July 1, 1983. Upon expiration of the term of office as a member of
    such Commission, which - 
        "(1) is prescribed by law;
        "(2) is in effect before the date of the enactment of this Act
      [Sept. 8, 1982]; and
        "(3) is to occur on June 30, 1983;
    no person shall be appointed to fill such office after such date,
    and such office shall be abolished on July 1, 1983."

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

-End-

-CITE-
    47 USC Sec. 155                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 155. Commission

-STATUTE-
    (a) Chairman; duties; vacancy
      The member of the Commission designated by the President as
    chairman shall be the chief executive officer of the Commission. It
    shall be his duty to preside at all meetings and sessions of the
    Commission, to represent the Commission in all matters relating to
    legislation and legislative reports, except that any commissioner
    may present his own or minority views or supplemental reports, to
    represent the Commission in all matters requiring conferences or
    communications with other governmental officers, departments or
    agencies, and generally to coordinate and organize the work of the
    Commission in such manner as to promote prompt and efficient
    disposition of all matters within the jurisdiction of the
    Commission. In the case of a vacancy in the office of the chairman
    of the Commission, or the absence or inability of the chairman to
    serve, the Commission may temporarily designate one of its members
    to act as chairman until the cause or circumstance requiring such
    designation shall have been eliminated or corrected.
    (b) Organization of staff
      From time to time as the Commission may find necessary, the
    Commission shall organize its staff into (1) integrated bureaus, to
    function on the basis of the Commission's principal workload
    operations, and (2) such other divisional organizations as the
    Commission may deem necessary. Each such integrated bureau shall
    include such legal, engineering, accounting, administrative,
    clerical, and other personnel as the Commission may determine to be
    necessary to perform its functions.
    (c) Delegation of functions; exceptions to initial orders; force,
      effect and enforcement of orders; administrative and judicial
      review; qualifications and compensation of delegates; assignment
      of cases; separation of review and investigative or prosecuting
      functions; secretary; seal
      (1) When necessary to the proper functioning of the Commission
    and the prompt and orderly conduct of its business, the Commission
    may, by published rule or by order, delegate any of its functions
    (except functions granted to the Commission by this paragraph and
    by paragraphs (4), (5), and (6) of this subsection and except any
    action referred to in sections 204(a)(2), 208(b), and 405(b) of
    this title) to a panel of commissioners, an individual
    commissioner, an employee board, or an individual employee,
    including functions with respect to hearing, determining, ordering,
    certifying, reporting, or otherwise acting as to any work,
    business, or matter; except that in delegating review functions to
    employees in cases of adjudication (as defined in section 551 of
    title 5), the delegation in any such case may be made only to an
    employee board consisting of two or more employees referred to in
    paragraph (8) of this subsection. Any such rule or order may be
    adopted, amended, or rescinded only by a vote of a majority of the
    members of the Commission then holding office. Except for cases
    involving the authorization of service in the instructional
    television fixed service, or as otherwise provided in this chapter,
    nothing in this paragraph shall authorize the Commission to provide
    for the conduct, by any person or persons other than persons
    referred to in paragraph (2) or (3) of section 556(b) of title 5,
    of any hearing to which such section applies.
      (2) As used in this subsection the term "order, decision, report,
    or action" does not include an initial, tentative, or recommended
    decision to which exceptions may be filed as provided in section
    409(b) of this title.
      (3) Any order, decision, report, or action made or taken pursuant
    to any such delegation, unless reviewed as provided in paragraph
    (4) of this subsection, shall have the same force and effect, and
    shall be made, evidenced, and enforced in the same manner, as
    orders, decisions, reports, or other actions of the Commission.
      (4) Any person aggrieved by any such order, decision, report or
    action may file an application for review by the Commission within
    such time and in such manner as the Commission shall prescribe, and
    every such application shall be passed upon by the Commission. The
    Commission, on its own initiative, may review in whole or in part,
    at such time and in such manner as it shall determine, any order,
    decision, report, or action made or taken pursuant to any
    delegation under paragraph (1) of this subsection.
      (5) In passing upon applications for review, the Commission may
    grant, in whole or in part, or deny such applications without
    specifying any reasons therefor. No such application for review
    shall rely on questions of fact or law upon which the panel of
    commissioners, individual commissioner, employee board, or
    individual employee has been afforded no opportunity to pass.
      (6) If the Commission grants the application for review, it may
    affirm, modify, or set aside the order, decision, report, or
    action, or it may order a rehearing upon such order, decision,
    report, or action in accordance with section 405 of this title.
      (7) The filing of an application for review under this subsection
    shall be a condition precedent to judicial review of any order,
    decision, report, or action made or taken pursuant to a delegation
    under paragraph (1) of this subsection. The time within which a
    petition for review must be filed in a proceeding to which section
    402(a) of this title applies, or within which an appeal must be
    taken under section 402(b) of this title, shall be computed from
    the date upon which public notice is given of orders disposing of
    all applications for review filed in any case.
      (8) The employees to whom the Commission may delegate review
    functions in any case of adjudication (as defined in section 551 of
    title 5) shall be qualified, by reason of their training,
    experience, and competence, to perform such review functions, and
    shall perform no duties inconsistent with such review functions.
    Such employees shall be in a grade classification or salary level
    commensurate with their important duties, and in no event less than
    the grade classification or salary level of the employee or
    employees whose actions are to be reviewed. In the performance of
    such review functions such employees shall be assigned to cases in
    rotation so far as practicable and shall not be responsible to or
    subject to the supervision or direction of any officer, employee,
    or agent engaged in the performance of investigative or prosecuting
    functions for any agency.
      (9) The secretary and seal of the Commission shall be the
    secretary and seal of each panel of the Commission, each individual
    commissioner, and each employee board or individual employee
    exercising functions delegated pursuant to paragraph (1) of this
    subsection.
    (d) Meetings
      Meetings of the Commission shall be held at regular intervals,
    not less frequently than once each calendar month, at which times
    the functioning of the Commission and the handling of its work load
    shall be reviewed and such orders shall be entered and other action
    taken as may be necessary or appropriate to expedite the prompt and
    orderly conduct of the business of the Commission with the
    objective of rendering a final decision (1) within three months
    from the date of filing in all original application, renewal, and
    transfer cases in which it will not be necessary to hold a hearing,
    and (2) within six months from the final date of the hearing in all
    hearing cases.
    (e) Managing Director; appointment, functions, pay
      The Commission shall have a Managing Director who shall be
    appointed by the Chairman subject to the approval of the
    Commission. The Managing Director, under the supervision and
    direction of the Chairman, shall perform such administrative and
    executive functions as the Chairman shall delegate. The Managing
    Director shall be paid at a rate equal to the rate then payable for
    level V of the Executive Schedule.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 5, 48 Stat. 1068; July 16,
    1952, ch. 879, Sec. 4, 66 Stat. 712; Pub. L. 87-192, Secs. 1, 2,
    Aug. 31, 1961, 75 Stat. 420; Pub. L. 96-470, title I, Sec. 116,
    Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97-35, title XII, Sec. 1252,
    Aug. 13, 1981, 95 Stat. 738; Pub. L. 97-259, title I, Sec. 105,
    Sept. 13, 1982, 96 Stat. 1091; Pub. L. 99-272, title V, Sec.
    5002(c), Apr. 7, 1986, 100 Stat. 118; Pub. L. 100-594, Secs. 4,
    8(a), Nov. 3, 1988, 102 Stat. 3021, 3023; Pub. L. 103-414, title
    III, Sec. 303(a)(2), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 104-
    104, title IV, Sec. 403(c), Feb. 8, 1996, 110 Stat. 130.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Level V of the Executive Schedule, referred to in subsec. (e), is
    set out in section 5316 of Title 5, Government Organization and
    Employees.

-COD-
                               CODIFICATION                           
      In subsec. (c)(1), (8), "adjudication (as defined in section 551
    of title 5)" substituted for "adjudication (as defined in the
    Administrative Procedure Act)", and in subsec. (c)(1) "section
    556(b) of title 5" substituted for references to "section 7(a) of
    the Administrative Procedure Act", on authority of Pub. L. 89-554,
    Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
    enacted Title 5, Government Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c)(1). Pub. L. 104-104 inserted last sentence and
    struck out former last sentence which read as follows: "Nothing in
    this paragraph shall authorize the Commission to provide for the
    conduct, by any person or persons other than persons referred to in
    clauses (2) and (3) of section 556(b) of title 5, of any hearing to
    which such section 556(b) applies."
      1994 - Subsecs. (e), (f). Pub. L. 103-414 redesignated subsec.
    (f) as (e).
      1988 - Subsec. (c)(1). Pub. L. 100-594, Sec. 8(a), inserted "and
    except any action referred to in sections 204(a)(2), 208(b), and
    405(b) of this title" after "and (6) of this subsection" in first
    sentence.
      Subsec. (g). Pub. L. 100-594, Sec. 4, struck out subsec. (g)
    which required an annual report to Congress and specified its
    contents.
      1986 - Subsec. (g). Pub. L. 99-272 substituted "March 31" for
    "January 31".
      1982 - Subsec. (b). Pub. L. 97-259, Sec. 105(a), substituted
    "From" for "Within six months after July 16, 1952, and from" at
    beginning of subsection, and struck out "thereafter" after "time to
    time".
      Subsecs. (c) to (e). Pub. L. 97-259, Sec. 105(b), (c),
    redesignated subsecs. (d) and (e) as (c) and (d), respectively, and
    in par. (1) of subsec. (c), as so redesignated, substituted "two"
    for "three" after "employee board consisting of".
      1981 - Subsecs. (f), (g). Pub. L. 97-35 added subsecs. (f) and
    (g).
      1980 - Subsec. (e). Pub. L. 96-470 struck out "; and the
    Commission shall promptly report to the Congress each such case
    which has been pending before it more than such three- or six-month
    period, respectively, stating the reasons therefor" after "hearing
    cases".
      1961 - Subsec. (c). Pub. L. 87-192, Sec. 1, repealed subsec. (c)
    which provided for establishment of review staff, its composition,
    responsibility and duties.
      Subsec. (d)(1). Pub. L. 87-192, Sec. 2, substituted provisions
    which authorized the delegation of functions by published rule or
    by order to a panel of commissioners, and individual commissioner,
    an employee board, or an individual employee, and of review
    functions to an employee board of three or more employees,
    enumerated the functions to be delegated, with stated exceptions,
    and prescribed majority vote for order delegating review functions
    for former provision which authorized the assignment of reference
    of work, business or functions by order to an individual
    commissioner or commissioners or to a board of one or more
    employees and eliminated provision concerning force, effect and
    enforcement of orders, now incorporated in par. (3) of this
    subsection.
      Subsec. (d)(2). Pub. L. 87-192, Sec. 2, added par. (2). The
    subject matter was formerly covered by the introductory words of
    former par. (1) of this subsection which read "Except as provided
    in section 409 of this title." Sentences 1 and 2 of former par. (2)
    redesignated pars. (4) and (6), respectively.
      Subsec. (d)(3). Pub. L. 87-192, Sec. 2, redesignated second
    sentence of former par. (1) as par. (3) and substituted therein
    "report, or action made or taken pursuant to any such delegation,
    unless reviewed as provided in paragraph (4), shall have" and
    "other actions" for "report made, or other action taken, pursuant
    to any such order of assignment or reference shall, unless reviewed
    pursuant to paragraph (2), have" and "action", respectively. Former
    par. (3) redesignated (9).
      Subsec. (d)(4). Pub. L. 87-192, Sec. 2, redesignated first
    sentence of former par. (2) as par. (4), included "action" in
    enumeration, and inserted provision for review on initiative of the
    Commission.
      Subsec. (d)(5). Pub. L. 87-192, Sec. 2, added par. (5).
      Subsec. (d)(6). Pub. L. 87-192, Sec. 2, redesignated second
    sentence of former par. (2) as par. (6), inserting "for review"
    after "applications" and substituting "the Commission", "the
    order", "it may order" and "in accordance with" for "it", "such
    order", "may order" and "under", respectively.
      Subsec. (d)(7), (8). Pub. L. 87-192, Sec. 2, added pars. (7) and
    (8).
      Subsec. (d)(9). Pub. L. 87-192, Sec. 2, redesignated former par.
    (3) as (9) and made it applicable to each panel of the Commission,
    each employee board instead of each board, and each individual
    employee.
      1952 - Act July 16, 1952, amended section generally to provide
    for the organization of the staff, integrated bureaus, and for a
    review staff.

-End-

-CITE-
    47 USC Sec. 156                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 156. Authorization of appropriations

-STATUTE-
      (a) There are authorized to be appropriated for the
    administration of this chapter by the Commission $109,831,000 for
    fiscal year 1990 and $119,831,000 for fiscal year 1991, together
    with such sums as may be necessary for increases resulting from
    adjustments in salary, pay, retirement, other employee benefits
    required by law, and other nondiscretionary costs, for each of the
    fiscal years 1990 and 1991.
      (b) In addition to the amounts authorized to be appropriated
    under this section, not more than 4 percent of the amount of any
    fees or other charges payable to the United States which are
    collected by the Commission during fiscal year 1990 are authorized
    to be made available to the Commission until expended to defray the
    fully distributed costs of such fees collection.
      (c) Of the amounts appropriated pursuant to subsection (a) of
    this section for fiscal year 1991, such sums as may be necessary
    not to exceed $2,000,000 shall be expended for upgrading and
    modernizing equipment at the Commission's electronic emissions test
    laboratory located in Laurel, Maryland.
      (d) Of the sum appropriated in any fiscal year under this
    section, a portion, in an amount determined under section 159(b) of
    this title, shall be derived from fees authorized by section 159 of
    this title.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 6, as added Pub. L. 97-35,
    title XII, Sec. 1251(a), Aug. 13, 1981, 95 Stat. 738; amended Pub.
    L. 98-214, Sec. 2(a), Dec. 8, 1983, 97 Stat. 1467; Pub. L. 99-272,
    title V, Sec. 5002(a)(1), Apr. 7, 1986, 100 Stat. 117; Pub. L. 100-
    594, Sec. 2(a), Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101-396,
    Sec. 2(a), Sept. 28, 1990, 104 Stat. 848; Pub. L. 103-66, title VI,
    Sec. 6003(b), Aug. 10, 1993, 107 Stat. 401.)

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (d). Pub. L. 103-66 added subsec. (d).
      1990 - Pub. L. 101-396 amended section generally. Prior to
    amendment, section read as follows: "There are authorized to be
    appropriated for the administration of this chapter by the
    Commission $107,250,000 for fiscal year 1988 and $109,250,000 for
    fiscal year 1989, together with such sums as may be necessary for
    increases resulting from adjustments in salary, pay, retirement,
    other employee benefits required by law, and other nondiscretionary
    costs, for each of the fiscal years 1988 and 1989."
      1988 - Pub. L. 100-594 amended section generally. Prior to
    amendment, section read as follows: "There are authorized to be
    appropriated for the administration of this chapter by the
    Commission $98,100,000 for fiscal year 1986 and $97,600,000 for
    fiscal year 1987, together with such sums as may be necessary for
    increases resulting from adjustments in salary, pay, retirement,
    other employee benefits required by law, and other nondiscretionary
    costs, for each of the fiscal years 1986 and 1987."
      1986 - Pub. L. 99-272 amended section generally. Prior to
    amendment, section read as follows: "There are authorized to be
    appropriated for the administration of this chapter by the
    Commission $91,156,000, together with such sums as may be necessary
    for increases resulting from adjustments in salary, pay,
    retirement, other employee benefits required by law, and other
    nondiscretionary costs, for each of the fiscal years 1984 and
    1985."
      1983 - Pub. L. 98-214 substituted provisions authorizing
    appropriations of $91,156,000 for each of the fiscal years 1984 and
    1985 for provisions authorizing appropriations of $76,900,000 for
    each of the fiscal years 1982 and 1983.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 2(b) of Pub. L. 100-594 provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall apply with respect to fiscal years beginning after September
    30, 1987."

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 5002(a)(2) of Pub. L. 99-272 provided that: "The
    amendment made by paragraph (1) of this subsection [amending this
    section] shall apply with respect to fiscal years beginning after
    September 30, 1985."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 2(b) of Pub. L. 98-214 provided that: "The amendment made
    by subsection (a) [amending this section] shall apply with respect
    to fiscal years beginning after September 30, 1983."

                      AUTHORIZATION OF APPROPRIATIONS                  
      Pub. L. 104-104, title VII, Sec. 710(a), (b), Feb. 8, 1996, 110
    Stat. 160, provided that:
      "(a) In General. - In addition to any other sums authorized by
    law, there are authorized to be appropriated to the Federal
    Communications Commission such sums as may be necessary to carry
    out this Act [see Short Title of 1996 Amendment note set out under
    section 609 of this title] and the amendments made by this Act.
      "(b) Effect on Fees. - For the purposes of section 9(b)(2) (47
    U.S.C. 159(b)(2)), additional amounts appropriated pursuant to
    subsection (a) shall be construed to be changes in the amounts
    appropriated for the performance of activities described in section
    9(a) of the Communications Act of 1934 [47 U.S.C. 159(a)]."

-End-

-CITE-
    47 USC Sec. 157                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 157. New technologies and services

-STATUTE-
      (a) It shall be the policy of the United States to encourage the
    provision of new technologies and services to the public. Any
    person or party (other than the Commission) who opposes a new
    technology or service proposed to be permitted under this chapter
    shall have the burden to demonstrate that such proposal is
    inconsistent with the public interest.
      (b) The Commission shall determine whether any new technology or
    service proposed in a petition or application is in the public
    interest within one year after such petition or application is
    filed. If the Commission initiates its own proceeding for a new
    technology or service, such proceeding shall be completed within 12
    months after it is initiated.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 7, as added Pub. L. 98-214,
    Sec. 12, Dec. 8, 1983, 97 Stat. 1471; amended Pub. L. 103-414,
    title III, Sec. 304(a)(1), Oct. 25, 1994, 108 Stat. 4296.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-414 struck out "or twelve months
    after December 8, 1983, if later" after "petition or application is
    filed" and after "12 months after it is initiated".

                  ADVANCED TELECOMMUNICATIONS INCENTIVES              
      Pub. L. 104-104, title VII, Sec. 706, Feb. 8, 1996, 110 Stat.
    153, as amended by Pub. L. 107-110, title X, Sec. 1076(gg), Jan. 8,
    2002, 115 Stat. 2093, provided that:
      "(a) In General. - The Commission and each State commission with
    regulatory jurisdiction over telecommunications services shall
    encourage the deployment on a reasonable and timely basis of
    advanced telecommunications capability to all Americans (including,
    in particular, elementary and secondary schools and classrooms) by
    utilizing, in a manner consistent with the public interest,
    convenience, and necessity, price cap regulation, regulatory
    forbearance, measures that promote competition in the local
    telecommunications market, or other regulating methods that remove
    barriers to infrastructure investment.
      "(b) Inquiry. - The Commission shall, within 30 months after the
    date of enactment of this Act [Feb. 8, 1996], and regularly
    thereafter, initiate a notice of inquiry concerning the
    availability of advanced telecommunications capability to all
    Americans (including, in particular, elementary and secondary
    schools and classrooms) and shall complete the inquiry within 180
    days after its initiation. In the inquiry, the Commission shall
    determine whether advanced telecommunications capability is being
    deployed to all Americans in a reasonable and timely fashion. If
    the Commission's determination is negative, it shall take immediate
    action to accelerate deployment of such capability by removing
    barriers to infrastructure investment and by promoting competition
    in the telecommunications market.
      "(c) Definitions. - For purposes of this subsection:
        "(1) Advanced telecommunications capability. - The term
      'advanced telecommunications capability' is defined, without
      regard to any transmission media or technology, as high-speed,
      switched, broadband telecommunications capability that enables
      users to originate and receive high-quality voice, data,
      graphics, and video telecommunications using any technology.
        "(2) Elementary and secondary schools. - The term 'elementary
      and secondary schools' means elementary and secondary schools, as
      defined in section 9101 of the Elementary and Secondary Education
      Act of 1965 [20 U.S.C. 7801]."

-End-

-CITE-
    47 USC Sec. 158                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 158. Application fees

-STATUTE-
    (a) Assessment and collection
      The Commission shall assess and collect application fees at such
    rates as the Commission shall establish or at such modified rates
    as it shall establish pursuant to the provisions of subsection (b)
    of this section.
    (b) Review and adjustment of Schedule by Commission; notification
      to Congress; judicial review
      (1) The Schedule of Application Fees established under this
    section shall be reviewed by the Commission every two years after
    October 1, 1991, and adjusted by the Commission to reflect changes
    in the Consumer Price Index. Increases or decreases in application
    fees shall apply to all categories of application fees, except that
    individual fees shall not be adjusted until the increase or
    decrease, as determined by the net change in the Consumer Price
    Index since April 7, 1986, amounts to at least $5.00 in the case of
    fees under $100.00, or 5 percent in the case of fees of $100.00 or
    more. All fees which require adjustment will be rounded upward to
    the next $5.00 increment. The Commission shall transmit to the
    Congress notification of any such adjustment not later than 90 days
    before the effective date of such adjustment.
      (2) Increases or decreases in application fees made pursuant to
    this subsection shall not be subject to judicial review.
    (c) Additional application fee; assessment as penalty; amount;
      dismissal of application or other filing
      (1) The Commission shall prescribe by regulation an additional
    application fee which shall be assessed as a penalty for late
    payment of application fees required by subsection (a) of this
    section. Such penalty shall be 25 percent of the amount of the
    application fee which was not paid in a timely manner.
      (2) The Commission may dismiss any application or other filing
    for failure to pay in a timely manner any application fee or
    penalty under this section.
    (d) Inapplicability of application fees to certain radio services;
      waiver or deferment of payment
      (1) The application fees established under this section shall not
    be applicable (A) to governmental entities and nonprofit entities
    licensed in the following radio services: Local Government, Police,
    Fire, Highway Maintenance, Forestry-Conservation, Public Safety,
    and Special Emergency Radio, or (B) to governmental entities
    licensed in other services.
      (2) The Commission may waive or defer payment of an charge (!1)
    in any specific instance for good cause shown, where such action
    would promote the public interest.

    (e) Deposit of moneys in general fund; reimbursement of United
      States for administration of chapter
      Moneys received from application fees established under this
    section shall be deposited in the general fund of the Treasury to
    reimburse the United States for amounts appropriated for use by the
    Commission in carrying out its functions under this chapter.
    (f) Rules and regulations
      The Commission shall prescribe appropriate rules and regulations
    to carry out the provisions of this section.
    (g) Schedule of Application Fees
      Until modified pursuant to subsection (b) of this section, the
    Schedule of Application Fees which the Federal Communications
    Commission shall prescribe pursuant to subsection (a) of this
    section shall be as follows:

                       SCHEDULE OF APPLICATION FEES                   
     Service                                                 Fee amount

                          PRIVATE RADIO SERVICES                      
     1. Marine Coast Stations                              
        a. New License (per station)                           $70.00
        b. Modification of License (per station)                70.00
        c. Renewal of License (per station)                     70.00
        d. Special Temporary Authority (Initial,
         Modifications, Extensions)                            100.00
        e. Assignments (per station)                            70.00
        f. Transfers of Control (per station)                   35.00
        g. Request for Waiver                        
             (i) Routine (per request)                         105.00
             (ii) Non-Routine (per rule section/per
              station)                                         105.00
     2. Ship Stations                                      
        a. New License (per application)                        35.00
        b. Modification of License (per application)            35.00
        c. Renewal of License (per application)                 35.00
        d. Request for Waiver                        
             (i) Routine (per request)                         105.00
             (ii) Non-Routine (per rule section/per
              station)                                         105.00
     3. Operational Fixed Microwave Stations               
        a. New License (per station)                           155.00
        b. Modification of License (per station)               155.00
        c. Renewal of License (per station)                    155.00
        d. Special Temporary Authority (Initial,
         Modifications, Extensions)                             35.00
        e. Assignments (per station)                           155.00
        f. Transfers of Control (per station)                   35.00
        g. Request for Waiver                        
             (i) Routine (per request)                         105.00
             (ii) Non-Routine (per rule section/per
              station)                                         105.00
     4. Aviation (Ground Stations)                         
        a. New License (per station)                            70.00
        b. Modification of License (per station)                70.00
        c. Renewal of License (per station)                     70.00
        d. Special Temporary Authority (Initial,
         Modifications, Extensions)                            100.00
        e. Assignments (per station)                            70.00
        f. Transfers of Control (per station)                   35.00
        g. Request for Waiver                        
             (i) Routine (per request)                         105.00
             (ii) Non-Routine (per rule section/per
              station)                                         105.00
     5. Aircraft Stations                                  
        a. New License (per application)                        35.00
        b. Modification of License (per application)            35.00
        c. Renewal of License (per application)                 35.00
        d. Request for Waiver                        
             (i) Routine (per request)                         105.00
             (ii) Non-Routine (per rule section/per
              station)                                         105.00
    6. Land Mobile Radio Stations (including Special
     Emergency and Public Safety Stations)                 
        a. New License (per call sign)                          35.00
        b. Modification of License (per call sign)              35.00
        c. Renewal of License (per call sign)                   35.00
        d. Special Temporary Authority (Initial,
         Modifications, Extensions)                             35.00
        e. Assignments (per station)                            35.00
        f. Transfers of Control (per call sign)                 35.00
        g. Request for Waiver                        
             (i) Routine (per request)                         105.00
             (ii) Non-Routine (per rule section/per
              station)                                         105.00
        h. Reinstatement (per call sign)                        35.00
        i. Specialized Mobile Radio Systems-Base Stations             
             (i) New License (per call sign)                    35.00
             (ii) Modification of License (per call
              sign)                                             35.00
             (iii) Renewal of License (per call sign)           35.00
             (iv) Waiting List (annual application
              fee per application)                              35.00
             (v) Special Temporary Authority
              (Initial, Modifications, Extensions)              35.00
             (vi) Assignments (per call sign)                   35.00
             (vii) Transfers of Control (per call
              sign)                                             35.00
             (viii) Request for Waiver               
                (1) Routine (per request)                      105.00
                (2) Non-Routine (per rule section/per
                 station)                                      105.00
             (ix) Reinstatements (per call sign)                35.00
        j. Private Carrier Licenses                  
             (i) New License (per call sign)                    35.00
             (ii) Modification of License (per call
              sign)                                             35.00
             (iii) Renewal of License (per call sign)           35.00
             (iv) Special Temporary Authority
              (Initial, Modifications, Extensions)              35.00
             (v) Assignments (per call sign)                    35.00
             (vi) Transfers of Control (per call
              sign)                                             35.00
             (vii) Request for Waiver                
                (1) Routine (per request)                      105.00
                (2) Non-Routine (per rule section/per
                 station)                                      105.00
             (viii) Reinstatements (per call sign)              35.00
     7. General Mobile Radio Service                       
        a. New License (per call sign)                          35.00
        b. Modifications of License (per call sign)             35.00
        c. Renewal of License (per call sign)                   35.00
        d. Request for Waiver                        
             (i) Routine (per request)                         105.00
             (ii) Non-Routine (per rule section/per
              station)                                         105.00
        e. Special Temporary Authority (Initial,
         Modifications, Extensions)                             35.00
        f. Transfer of control (per call sign)                  35.00
      8. Restricted Radiotelephone Operator Permit                35.00
     9. Request for Duplicate Station License (all
      services)                                                 35.00
     10. Hearing (Comparative, New, and Modifications)         6,760.00

              EQUIPMENT APPROVAL SERVICES/EXPERIMENTAL RADIO          
     1. Certification                                      
        a. Receivers (except TV and FM receivers)              285.00
        b. All Other Devices                                   735.00
        c. Modifications and Class II Permissive
         Changes                                                35.00
        d. Request for Confidentiality                         105.00
     2. Type Acceptance                                    
        a. All Devices                                         370.00
        b. Modifications and Class II Permissive
         Changes                                                35.00
        c. Request for Confidentiality                         105.00
     3. Type Approval (all devices)                        
        a. With Testing (including Major
         Modifications)                                      1,465.00
        b. Without Testing (including Minor
         Modifications)                                        170.00
        c. Request for Confidentiality                         105.00
      4. Notifications                                           115.00
      5. Advance Approval for Subscription TV System           2,255.00
        a. Request for Confidentiality                         105.00
     6. Assignment of Grantee Code for Equipment
      Identification                                            35.00
     7. Experimental Radio Service                         
        a. New Construction Permit and Station
         Authorization (per application)                        35.00
        b. Modification to Existing Construction
         Permit and Station Authorization (per
         application)                                           35.00
        c. Renewal of Station Authorization (per
         application)                                           35.00
        d. Assignment or Transfer of Control (per
         application)                                           35.00
        e. Special Temporary Authority (per
         application)                                           35.00
        f. Additional Application Fee for
         Applications Containing Requests to Withhold
         Information From Public Inspection (per
         application)                                           35.00

                            MASS MEDIA SERVICES                        
     1. Commercial TV Stations                             
        a. New or Major Change Construction Permits          2,535.00
        b. Minor Change                                        565.00
        c. Hearing (Major/Minor Change, Comparative
         New, or Comparative Renewal)                        6,760.00
        d. License                                             170.00
        e. Assignment or Transfer                    
             (i) Long Form (Forms 314/315)                     565.00
             (ii) Short Form (Form 316)                         80.00
        f. Renewal                                             100.00
        g. Call Sign (New or Modification)                      55.00
        h. Special Temporary Authority (other than to
         remain silent or extend an existing STA to
         remain silent)                                        100.00
        i. Extension of Time to Construct or
         Replacement of CP                                     200.00
        j. Permit to Deliver Programs to Foreign
         Broadcast Stations                                     55.00
        k. Petition for Rulemaking for New Community
         of License                                          1,565.00
        l. Ownership Report (per report)                        35.00
     2. Commercial Radio Stations                          
        a. New and Major Change Construction Permit  
             (i) AM Station                                  2,255.00
             (ii) FM Station                                 2,030.00
        b. Minor Change                              
             (i) AM Station                                    565.00
             (ii) FM Station                                   565.00
        c. Hearing (Major/Minor Change, Comparative
         New, or Comparative Renewal)                        6,760.00
        d. License                                   
             (i) AM                                            370.00
             (ii) FM                                           115.00
             (iii) AM Directional Antenna                      425.00
             (iv) FM Directional Antenna                       355.00
             (v) AM Remote Control                              35.00
        e. Assignment or Transfer                    
             (i) Long Form (Forms 314/315)                     565.00
             (ii) Short Form (Form 316)                         80.00
        f. Renewal                                             100.00
        g. Call Sign (New or Modification)                      55.00
        h. Special Temporary Authority (other than to
         remain silent or extend an existing STA to
         remain silent)                                        100.00
        i. Extension of Time to Construct or
         Replacement of CP                                     200.00
        j. Permit to Deliver Programs to Foreign
         Broadcast Stations                                     55.00
        k. Petition for Rulemaking for New Community
         of License or Higher Class Channel                  1,565.00
        l. Ownership Report (per report)                        35.00
     3. FM Translators                                     
        a. New or Major Change Construction Permit             425.00
        b. License                                              85.00
        c. Assignment or Transfer                               80.00
        d. Renewal                                              35.00
        e. Special Temporary Authority (other than to
         remain silent or extend an existing STA to
         remain silent)                                        100.00
     4. TV Translators and LPTV Stations                   
        a. New or Major Change Construction Permit             425.00
        b. License                                              85.00
        c. Assignment or Transfer                               80.00
        d. Renewal                                              35.00
        e. Special Temporary Authority (other than to
         remain silent or extend an existing STA to
         remain silent)                                        100.00
    5. Auxiliary Services (Includes Remote Pickup stations,
     TV Auxiliary Broadcast stations, Aural Broadcast STL
     and Intercity Relay stations, and Low Power Auxiliary
     stations)                                             
        a. Major Actions                                        85.00
        b. Renewals                                             35.00
        c. Special Temporary Authority (other than to
         remain silent or extend an existing STA to
         remain silent)                                        100.00
     6. FM/TV Boosters                                     
        a. New and Major Change Construction Permits           425.00
        b. License                                              85.00
        c. Special Temporary Authority (other than to
         remain silent or extend an existing STA to
         remain silent)                                        100.00
     7. International Broadcast Station                    
        a. New Construction Permit and Facilities
         Change CP                                           1,705.00
        b. License                                             385.00
        c. Assignment or Transfer (per station)                 60.00
        d. Renewal                                              95.00
        e. Frequency Assignment and Coordination (per
         frequency hour)                                        35.00
        f. Special Temporary Authority (other than to
         remain silent or extend an existing STA to
         remain silent)                                        100.00
     8. Cable Television Service                           
        a. Cable Television Relay Service            
             (i) Construction Permit                           155.00
             (ii) Assignment or Transfer                       155.00
             (iii) Renewal                                     155.00
             (iv) Modification                                 155.00
             (v) Special Temporary Authority (other
              than to remain silent or extend an
              existing STA to remain silent)                   100.00
        b. Cable Special Relief Petition                       790.00
        c. 76.12 Registration Statement (per
         statement)                                             35.00
        d. Aeronautical Frequency Usage Notifications
         (per notice)                                           35.00
        e. Aeronautical Frequency Usage Waivers (per
         waiver)                                                35.00
     9. Direct Broadcast Satellite                         
        a. New or Major Change Construction Permit   
             (i) Application for Authorization to
              Construct a Direct Broadcast Satellite         2,030.00
             (ii) Issuance of Construction Permit &
              Launch Authority                              19,710.00
             (iii) License to Operate Satellite                565.00
        b. Hearing (Comparative New, Major/Minor
         Modifications, or Comparative Renewal)              6,760.00
        c. Special Temporary Authority (other than to
         remain silent or extend an existing STA to
         remain silent)                                        100.00

                          COMMON CARRIER SERVICES                      
     1. All Common Carrier Services                        
        a. Hearing (Comparative New or Major/Minor
         Modifications)                                      6,760.00
        b. Development Authority . . . Same application fee as
         regular authority in service unless otherwise
         indicated                                            
        c. Formal Complaints and Pole Attachment
         Complaints Filing Fee                                 120.00
        d. Proceeding under section 1008(b) of this
         title                                                  5,000
    2. Domestic Public Land Mobile Stations (includes Base,
     Dispatch, Control & Repeater Stations)                
        a. New or Additional Facility (per
         transmitter)                                          230.00
        b. Major Modifications (per transmitter)               230.00
        c. Fill In Transmitters (per transmitter)              230.00
        d. Major Amendment to a Pending Application
         (per transmitter)                                     230.00
        e. Assignment or Transfer                    
             (i) First Call Sign on Application                230.00
             (ii) Each Additional Call Sign                     35.00
        f. Partial Assignment (per call sign)                  230.00
        g. Renewal (per call sign)                              35.00
        h. Minor Modification (per transmitter)                 35.00
        i. Special Temporary Authority (per
         frequency/per location)                               200.00
        j. Extension of Time to Construct (per
         application)                                           35.00
        k. Notice of Completion of Construction (per
         application)                                           35.00
        l. Auxiliary Test Station (per transmitter)            200.00
        m. Subsidiary Communications Service (per
         request)                                              100.00
        n. Reinstatement (per application)                      35.00
        o. Combining Call Signs (per call sign)                200.00
        p. Standby Transmitter (per transmitter/per
         location)                                             200.00
        q. 900 MHz Nationwide Paging                 
             (i) Renewal                             
                (1) Network Organizer                           35.00
                (2) Network Operator (per
                 operator/per city)                             35.00
        r. Air-Ground Individual License (per station)                
             (i) Initial License                                35.00
             (ii) Renewal of License                            35.00
             (iii) Modification of License                      35.00
     3. Cellular Systems (per system)                      
        a. New or Additional Facilities                        230.00
        b. Major Modification                                  230.00
        c. Minor Modification                                   60.00
        d. Assignment or Transfer (including partial)          230.00
        e. License to Cover Construction             
             (i) Initial License for Wireline Carrier          595.00
             (ii) Subsequent License for Wireline
              Carrier                                           60.00
             (iii) License for Nonwireline Carrier              60.00
             (iv) Fill In License (all carriers)                60.00
        f. Renewal                                              35.00
        g. Extension of Time to Complete Construction           35.00
        h. Special Temporary Authority (per system)            200.00
        i. Combining Cellular Geographic Service
         Areas (per system)                                     50.00
    4. Rural Radio (includes Central Office, Interoffice,
     or Relay Facilities)                                  
        a. New or Additional Facility (per
         transmitter)                                          105.00
        b. Major Modification (per transmitter)                105.00
        c. Major Amendment to Pending Application
         (per transmitter)                                     105.00
        d. Minor Modification (per transmitter)                 35.00
        e. Assignments or Transfers                  
             (i) First Call Sign on Application                105.00
             (ii) Each Additional Call Sign                     35.00
             (iii) Partial Assignment (per call sign)          105.00
        f. Renewal (per call sign)                              35.00
        g. Extension of Time to Complete Construction
         (per application)                                      35.00
        h. Notice of Completion of Construction (per
         application)                                           35.00
        i. Special Temporary Authority (per
         frequency/per location)                               200.00
        j. Reinstatement (per application)                      35.00
        k. Combining Call Signs (per call sign)                200.00
        l. Auxiliary Test Station (per transmitter)            200.00
        m. Standby Transmitter (per transmitter/per
         location)                                             200.00
    5. Offshore Radio Service (Mobile, Subscriber, and
     Central Stations; fees would also apply to any
     expansion of this service into coastal waters other
     than the Gulf of Mexico)                              
        a. New or Additional Facility (per
         transmitter)                                          105.00
        b. Major Modifications (per transmitter)               105.00
        c. Fill In Transmitters (per transmitter)              105.00
        d. Major Amendment to Pending Application
         (per transmitter)                                     105.00
        e. Minor Modification (per transmitter)                 35.00
        f. Assignment or Transfer                    
             (i) Each Additional Call Sign                      35.00
             (ii) Partial Assignment (per call sign)           105.00
        g. Renewal (per call sign)                              35.00
        h. Extension of Time to Complete Construction
         (per application)                                      35.00
        i. Reinstatement (per application)                      35.00
        j. Notice of Completion of Construction (per
         application)                                           35.00
        k. Special Temporary Authority (per
         frequency/per location)                               200.00
        l. Combining Call Signs (per call sign)                200.00
        m. Auxiliary Test Station (per transmitter)            200.00
        n. Standby Transmitter (per transmitter/per
         location)                                             200.00
    6. Point-to-Point Microwave and Local Television Radio
     Service                                               
        a. Conditional License (per station)                   155.00
        b. Major Modification of Conditional License
         or License Authorization (per station)                155.00
        c. Certification of Completion of
         Construction (per station)                            155.00
        d. Renewal (per licensed station)                      155.00
        e. Assignment or Transfer                    
             (i) First Station on Application                   55.00
             (ii) Each Additional Station                       35.00
        f. Extension of Construction Authorization
         (per station)                                          55.00
        g. Special Temporary Authority or Request for
         Waiver of Prior Construction Authorization
         (per request)                                          70.00
    7. Multipoint Distribution Service (including
     multichannel MDS)                                     
        a. Conditional License (per station)                   155.00
        b. Major Modification of Conditional License
         or License Authorization (per station)                155.00
        c. Certification of Completion of
         Construction (per channel)                            455.00
        d. Renewal (per licensed station)                      155.00
        e. Assignment or Transfer                    
             (i) First Station on Application                   55.00
             (ii) Each Additional Station                       35.00
        f. Extension of Construction Authorization
         (per station)                                         110.00
        g. Special Temporary Authority or Request for
         Waiver of Prior Construction Authorization
         (per request)                                          70.00
     8. Digital Electronic Message Service                 
        a. Conditional License (per nodal station)             155.00
        b. Modification of Conditional License or
         License Authorization (per nodal station)             155.00
        c. Certification of Completion of
         Construction (per nodal station)                      155.00
        d. Renewal (per licensed nodal station)                155.00
        e. Assignment or Transfer                    
             (i) First Station on Application                   55.00
             (ii) Each Additional Station                       35.00
        f. Extension of Construction Authorization
         (per station)                                          55.00
        g. Special Temporary Authority or Request for
         Waiver of Prior Construction Authorization
         (per request)                                          70.00
    9. International Fixed Public Radio (Public and Control
     Stations)                                             
        a. Initial Construction Permit (per station)           510.00
        b. Assignment or Transfer (per application)            510.00
        c. Renewal (per license)                               370.00
        d. Modification (per station)                          370.00
        e. Extension of Construction Authorization
         (per station)                                         185.00
        f. Special Temporary Authority or Request for
         Waiver (per request)                                  185.00
    10. Fixed Satellite Transmit/Receive Earth Stations    
        a. Initial Application (per station)                 1,525.00
        b. Modification of License (per station)               105.00
        c. Assignment or Transfer                    
             (i) First Station on Application                  300.00
             (ii) Each Additional Station                      100.00
        d. Developmental Station (per station)               1,000.00
        e. Renewal of License (per station)                    105.00
        f. Special Temporary Authority or Waivers of
         Prior Construction Authorization (per
         request)                                              105.00
        g. Amendment of Application (per station)              105.00
        h. Extension of Construction Permit (per
         station)                                              105.00
    11. Small Transmit/Receive Earth Stations (2 meters or
     less and operating in the 4/6 GHz frequency band)     
        a. Lead Application                                  3,380.00
        b. Routine Application (per station)                    35.00
        c. Modification of License (per station)               105.00
        d. Assignment or Transfer                    
             (i) First Station on Application                  300.00
             (ii) Each Additional Station                       35.00
        e. Developmental Station (per station)               1,000.00
        f. Renewal of License (per station)                    105.00
        g. Special Temporary Authority or Waivers of
         Prior Construction Authorization (per
         request)                                              105.00
        h. Amendment of Application (per station)              105.00
        i. Extension of Construction Permit (per
         station)                                              105.00
    12. Receive Only Earth Stations                        
        a. Initial Application for Registration                230.00
        b. Modification of License or Registration
         (per station)                                         105.00
        c. Assignment or Transfer                    
             (i) First Station on Application                  300.00
             (ii) Each Additional Station                      100.00
        d. Renewal of License (per station)                    105.00
        e. Amendment of Application (per station)              105.00
        f. Extension of Construction Permit (per
         station)                                              105.00
        g. Waivers (per request)                               105.00
    13. Very Small Aperture Terminal (VSAT) Systems        
        a. Initial Application (per system)                  5,630.00
        b. Modification of License (per system)                105.00
        c. Assignment or Transfer of System                  1,505.00
        d. Developmental Station                             1,000.00
        e. Renewal of License (per system)                     105.00
        f. Special Temporary Authority or Waivers of
         Prior Construction Authorization (per
         request)                                              105.00
        g. Amendment of Application (per system)               105.00
        h. Extension of Construction Permit (per
         system)                                               105.00
    14. Mobile Satellite Earth Stations                    
        a. Initial Application of Blanket
         Authorization                                       5,630.00
        b. Initial Application for Individual Earth
         Station                                             1,350.00
        c. Modification of License (per system)                105.00
        d. Assignment or Transfer (per system)               1,505.00
        e. Developmental Station                             1,000.00
        f. Renewal of License (per system)                     105.00
        g. Special Temporary Authority or Waivers of
         Prior Construction Authorization (per
         request)                                              105.00
        h. Amendment of Application (per system)               105.00
        i. Extension of Construction Permit (per
         system)                                               105.00
    15. Radio determination Satellite Earth Stations       
        a. Initial Application of Blanket
         Authorization                                       5,630.00
        b. Initial Application for Individual Earth
         Station                                             1,350.00
        c. Modification of License (per system)                105.00
        d. Assignment or Transfer (per system)               1,505.00
        e. Developmental Station                             1,000.00
        f. Renewal of License (per system)                     105.00
        g. Special Temporary Authority or Waivers of
         Prior Construction Authorization (per
         request)                                              105.00
        h. Amendment of Application (per system)               105.00
        i. Extension of Construction Permit (per
         system)                                               105.00
    16. Space Stations                                     
        a. Application for Authority to Construct            2,030.00
        b. Application for Authority to Launch & Operate              
             (i) Initial Application                        70,000.00
             (ii) Replacement Satellite                     70,000.00
        c. Assignment or Transfer (per satellite)            5,000.00
        d. Modification                                      5,000.00
        e. Special Temporary Authority or Waiver of
         Prior Construction Authorization (per
         request)                                              500.00
        f. Amendment of Application                          1,000.00
        g. Extension of Construction Permit/Launch
         Authorization (per request)                           500.00
    17. Section 214 Applications                           
        a. Overseas Cable Construction                       9,125.00
        b. Cable Landing License                     
             (i) Common Carrier                              1,025.00
             (ii) Non-Common Carrier                        10,150.00
        c. Domestic Cable Construction                         610.00
        d. All Other 214 Applications                          610.00
        e. Special Temporary Authority (all services)          610.00
        f. Assignments or Transfers (all services)             610.00
     18. Recognized Private Operating Status (per
      application)                                             610.00
     19. Telephone Equipment Registration                        155.00
    20. Tariff Filings                                     
        a. Filing Fee                                          490.00
        b. Special Permission Filing (per filing)              490.00
    21. Accounting and Audits                              
        a. Field Audit                                      62,290.00
        b. Review of Attest Audit                           34,000.00
        c. Review of Depreciation Update Study
         (Single State)                                     20,685.00
             (i) Each Additional State                         680.00
        d. Interpretation of Accounting Rules (per
         request)                                            2,885.00
        e. Petition for Waiver (per petition)                4,660.00
    22. Low-Earth Orbit Satellite Systems                  
        a. Application for Authority to Construct
         (per system of technology identical
         satellites)                                         6,000.00
        b. Application for Authority to Launch and
         Operate (per system of technologically
         identical satellites)                             210,000.00
        c. Assignment or Transfer (per request)              6,000.00
        d. Modification (per request)                       15,000.00
        e. Special Temporary Authority or Waiver of
         Prior Construction Authorization (per
         request)                                            1,500.00
        f. Amendment of Application (per request)            3,000.00
        g. Extension of Construction Permit/Launch
         Authorization (per request)                         1,500.00

                      MISCELLANEOUS APPLICATION FEES                  
     1. International Telecommunications Settlements
      Administrative Fee for Collections (per line
      item)                                                      2.00
     2. Radio Operator Examinations                        
        a. Commercial Radio Operator Examination                35.00
        b. Renewal of Commercial Radio Operator
         License, Permit, or Certificate                        35.00
        c. Duplicate or Replacement Commercial Radio
         Operator License, Permit, or Certificate               35.00
     3. Ship Inspections                                   
        a. Inspection of Oceangoing Vessels Under
         Title III, Part II of the Communications Act
         (per inspection)                                      620.00
        b. Inspection of Passenger Vessels Under
         Title III, Part III of the Communications
         Act (per inspection)                                  320.00
        c. Inspection of Vessels Under the Great
         Lakes Agreement (per inspection)                       75.00
        d. Inspection of Foreign Vessels Under the
         Safety of Life at Sea (SOLAS) Convention
         (per inspection)                                      540.00
        e. Temporary Waiver for Compulsorily Equipped
         Vessel                                                 60.00

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 8, as added Pub. L. 99-272,
    title V, Sec. 5002(e), Apr. 7, 1986, 100 Stat. 118; amended Pub. L.
    100-594, Sec. 5, Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101-239,
    title III, Sec. 3001(a), (b), Dec. 19, 1989, 103 Stat. 2124, 2131;
    Pub. L. 102-538, title II, Sec. 209, Oct. 27, 1992, 106 Stat. 3544;
    Pub. L. 103-66, title VI, Sec. 6003(a)(2), Aug. 10, 1993, 107 Stat.
    401; Pub. L. 103-414, title III, Secs. 302, 303(a)(3), (4), Oct.
    25, 1994, 108 Stat. 4294.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Parts II and III of title III of the Communications Act, referred
    to in subsec. (g), mean parts II and III of title III of the
    Communications Act of 1934 which are classified to parts II (Sec.
    351 et seq.) and III (Sec. 381 et seq.), respectively, of
    subchapter III of this chapter.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (d)(2). Pub. L. 103-414, Sec. 303(a)(3),
    substituted "payment of an" for "payment of a".
      Subsec. (g). Pub. L. 103-414, Sec. 303(a)(4), substituted
    "Additional Application Fee" for "Additional Charge" in item 7.f.
    under heading "equipment approval services/experimental radio" in
    Schedule of Application Fees.
      Pub. L. 103-414, Sec. 302, added item 1.d. under heading "common
    carrier services" in Schedule of Application Fees.
      1993 - Pub. L. 103-66, Sec. 6003(a)(2)(A), substituted
    "Application fees" for "Charges" as section catchline.
      Subsecs. (a) to (e). Pub. L. 103-66, Sec. 6003(a)(2)(B)-(D),
    substituted "application fees" for "charges" and "Schedule of
    Application Fees" for "Schedule of Charges" wherever appearing, and
    substituted "application fee" for "charge" in subsec. (c).
      Subsec. (g). Pub. L. 103-66, Sec. 6003(a)(2)(D), in text
    substituted "Schedule of Application Fees" for "Schedule of
    Charges".
      Pub. L. 103-66, Sec. 6003(a)(2)(E), which directed amendment of
    schedule by substituting "Schedule of Application Fees" for
    "Schedule of Charges", "Application fees" for "Charges",
    "application fee" for "charge", and "Application fees" for
    "Charges" was executed by substituting "SCHEDULE OF APPLICATION
    FEES" for "SCHEDULE OF CHARGES" in heading, "miscellaneous
    application fees" for "miscellaneous charges" in last subheading,
    and "application fee" for "charge" in two places in text of
    schedule, to reflect probable intent of Congress.
      1992 - Subsec. (g). Pub. L. 102-538 in Schedule of Charges added
    twenty-second category, relating to Low-Earth Orbit Satellite
    Systems, under heading "common carrier services", and substituted
    "75.00" for "360.00" in item 3.c., relating to inspection of
    vessels under the Great Lakes Agreement, under heading
    "miscellaneous charges".
      1989 - Subsec. (a). Pub. L. 101-239, Sec. 3001(b)(1), struck out
    at end "The Schedule of Charges established under this subsection
    shall be implemented not later than 360 days after April 7, 1986."
      Subsec. (b)(1). Pub. L. 101-239, Sec. 3001(b)(2), substituted
    "October 1, 1991" for "April 1, 1987".
      Subsec. (d)(1). Pub. L. 101-239, Sec. 3001(b)(3), substituted
    "(A) to governmental entities and nonprofit entities licensed in
    the following radio services:" for "to the following radio
    services:" and inserted "(B)" after "Emergency Radio, or".
      Subsec. (g). Pub. L. 101-239, Sec. 3001(a), added subsec. (g).
      1988 - Subsec. (b)(1). Pub. L. 100-594 substituted "two years
    after April 1, 1987," for "two years after April 7, 1986,".

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 3001(c) of Pub. L. 101-239 provided that: "The amendments
    made by this section [amending this section] shall take effect on
    the date of enactment of this Act [Dec. 19, 1989], and the Schedule
    of Charges required by the amendment made by subsection (a) of this
    section shall be implemented not later than 150 days after the date
    of enactment of this Act."

                            SCHEDULE OF CHARGES                        
      Section 5002(f) of Pub. L. 99-272 established the Schedule of
    Charges which the Federal Communications Commission is required to
    prescribe pursuant to subsec. (a) of this section. See subsec. (g)
    of this section as added by Pub. L. 101-239.

-FOOTNOTE-
    (!1) So in original. Probably should be "an application fee".

-End-

-CITE-
    47 USC Sec. 159                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 159. Regulatory fees

-STATUTE-
    (a) General authority
      (1) Recovery of costs
        The Commission, in accordance with this section, shall assess
      and collect regulatory fees to recover the costs of the following
      regulatory activities of the Commission: enforcement activities,
      policy and rulemaking activities, user information services, and
      international activities.
      (2) Fees contingent on appropriations
        The fees described in paragraph (1) of this subsection shall be
      collected only if, and only in the total amounts, required in
      Appropriations Acts.
    (b) Establishment and adjustment of regulatory fees
      (1) In general
        The fees assessed under subsection (a) of this section shall - 
          (A) be derived by determining the full-time equivalent number
        of employees performing the activities described in subsection
        (a) of this section within the Private Radio Bureau, Mass Media
        Bureau, Common Carrier Bureau, and other offices of the
        Commission, adjusted to take into account factors that are
        reasonably related to the benefits provided to the payor of the
        fee by the Commission's activities, including such factors as
        service area coverage, shared use versus exclusive use, and
        other factors that the Commission determines are necessary in
        the public interest;
          (B) be established at amounts that will result in collection,
        during each fiscal year, of an amount that can reasonably be
        expected to equal the amount appropriated for such fiscal year
        for the performance of the activities described in subsection
        (a) of this section; and
          (C) until adjusted or amended by the Commission pursuant to
        paragraph (2) or (3), be the fees established by the Schedule
        of Regulatory Fees in subsection (g) of this section.
      (2) Mandatory adjustment of schedule
        For any fiscal year after fiscal year 1994, the Commission
      shall, by rule, revise the Schedule of Regulatory Fees by
      proportionate increases or decreases to reflect, in accordance
      with paragraph (1)(B), changes in the amount appropriated for the
      performance of the activities described in subsection (a) of this
      section for such fiscal year. Such proportionate increases or
      decreases shall - 
          (A) be adjusted to reflect, within the overall amounts
        described in appropriations Acts under the authority of
        paragraph (1)(A), unexpected increases or decreases in the
        number of licensees or units subject to payment of such fees;
        and
          (B) be established at amounts that will result in collection
        of an aggregate amount of fees pursuant to this section that
        can reasonably be expected to equal the aggregate amount of
        fees that are required to be collected by appropriations Acts
        pursuant to paragraph (1)(B).

      Increases or decreases in fees made by adjustments pursuant to
      this paragraph shall not be subject to judicial review. In making
      adjustments pursuant to this paragraph the Commission may round
      such fees to the nearest $5 in the case of fees under $1,000, or
      to the nearest $25 in the case of fees of $1,000 or more.
      (3) Permitted amendments
        In addition to the adjustments required by paragraph (2), the
      Commission shall, by regulation, amend the Schedule of Regulatory
      Fees if the Commission determines that the Schedule requires
      amendment to comply with the requirements of paragraph (1)(A). In
      making such amendments, the Commission shall add, delete, or
      reclassify services in the Schedule to reflect additions,
      deletions, or changes in the nature of its services as a
      consequence of Commission rulemaking proceedings or changes in
      law. Increases or decreases in fees made by amendments pursuant
      to this paragraph shall not be subject to judicial review.
      (4) Notice to Congress
        The Commission shall - 
          (A) transmit to the Congress notification of any adjustment
        made pursuant to paragraph (2) immediately upon the adoption of
        such adjustment; and
          (B) transmit to the Congress notification of any amendment
        made pursuant to paragraph (3) not later than 90 days before
        the effective date of such amendment.
    (c) Enforcement
      (1) Penalties for late payment
        The Commission shall prescribe by regulation an additional
      charge which shall be assessed as a penalty for late payment of
      fees required by subsection (a) of this section. Such penalty
      shall be 25 percent of the amount of the fee which was not paid
      in a timely manner.
      (2) Dismissal of applications for filings
        The Commission may dismiss any application or other filing for
      failure to pay in a timely manner any fee or penalty under this
      section.
      (3) Revocations
        In addition to or in lieu of the penalties and dismissals
      authorized by paragraphs (1) and (2), the Commission may revoke
      any instrument of authorization held by any entity that has
      failed to make payment of a regulatory fee assessed pursuant to
      this section. Such revocation action may be taken by the
      Commission after notice of the Commission's intent to take such
      action is sent to the licensee by registered mail, return receipt
      requested, at the licensee's last known address. The notice will
      provide the licensee at least 30 days to either pay the fee or
      show cause why the fee does not apply to the licensee or should
      otherwise be waived or payment deferred. A hearing is not
      required under this subsection unless the licensee's response
      presents a substantial and material question of fact. In any case
      where a hearing is conducted pursuant to this section, the
      hearing shall be based on written evidence only, and the burden
      of proceeding with the introduction of evidence and the burden of
      proof shall be on the licensee. Unless the licensee substantially
      prevails in the hearing, the Commission may assess the licensee
      for the costs of such hearing. Any Commission order adopted
      pursuant to this subsection shall determine the amount due, if
      any, and provide the licensee with at least 30 days to pay that
      amount or have its authorization revoked. No order of revocation
      under this subsection shall become final until the licensee has
      exhausted its right to judicial review of such order under
      section 402(b)(5) of this title.
    (d) Waiver, reduction, and deferment
      The Commission may waive, reduce, or defer payment of a fee in
    any specific instance for good cause shown, where such action would
    promote the public interest.
    (e) Deposit of collections
      Moneys received from fees established under this section shall be
    deposited as an offsetting collection in, and credited to, the
    account providing appropriations to carry out the functions of the
    Commission.
    (f) Regulations
      (1) In general
        The Commission shall prescribe appropriate rules and
      regulations to carry out the provisions of this section.
      (2) Installment payments
        Such rules and regulations shall permit payment by installments
      in the case of fees in large amounts, and in the case of fees in
      small amounts, shall require the payment of the fee in advance
      for a number of years not to exceed the term of the license held
      by the payor.
    (g) Schedule
      Until amended by the Commission pursuant to subsection (b) of
    this section, the Schedule of Regulatory Fees which the Federal
    Communications Commission shall, subject to subsection (a)(2) of
    this section, assess and collect shall be as follows:

                        SCHEDULE OF REGULATORY FEES                    
    --------------------------------------------------------------------
                      Bureau/Category                         Annual    
                                                            Regulatory  
                                                                Fee     
    --------------------------------------------------------------------
    Private Radio Bureau                                                
    Exclusive use services (per license)                                
    Land Mobile (above 470 MHz, Base Station and                     $16
     SMRS) (47 C.F.R. Part 90)                                          
    Microwave (47 C.F.R. Part 94)                                     16
    Interactive Video Data Service (47 C.F.R. Part                    16
     95)                                                                
    Shared use services (per license unless otherwise                  7
     noted)                                                             
    Amateur vanity call-signs                                          7
    Mass Media Bureau (per license)                                     
    AM radio (47 C.F.R. Part 73)                                        
    Class D Daytime                                                  250
    Class A Fulltime                                                 900
    Class B Fulltime                                                 500
    Class C Fulltime                                                 200
    Construction permits                                             100
    FM radio (47 C.F.R. Part 73)                                        
    Classes C, C1, C2, B                                             900
    Classes A, B1, C3                                                600
    Construction permits                                             500
    TV (47 C.F.R. Part 73)                                              
    VHF Commercial                                                      
    Markets 1 thru 10                                             18,000
    Markets 11 thru 25                                            16,000
    Markets 26 thru 50                                            12,000
    Markets 51 thru 100                                            8,000
    Remaining Markets                                              5,000
    Construction permits                                           4,000
    UHF Commercial                                                      
    Markets 1 thru 10                                             14,400
    Markets 11 thru 25                                            12,800
    Markets 26 thru 50                                             9,600
    Markets 51 thru 100                                            6,400
    Remaining Markets                                              4,000
    Construction permits                                           3,200
    Low Power TV, TV Translator, and TV Booster (47                  135
     C.F.R. Part 74)                                                    
    Broadcast Auxiliary (47 C.F.R. Part 74)                           25
    International (HF) Broadcast (47 C.F.R. Part 73)                 200
    Cable Antenna Relay Service (47 C.F.R. Part 78)                  220
    Cable Television System (per 1,000 subscribers)                  370
     (47 C.F.R. Part 76)                                                
    Common Carrier Bureau                                               
    Radio Facilities                                                    
    Cellular Radio (per 1,000 subscribers) (47 C.F.R.                 60
     Part 22)                                                           
    Personal Communications (per 1,000 subscribers)                   60
     (47 C.F.R.)                                                        
    Space Station (per operational station in                     65,000
     geosynchronous orbit) (47 C.F.R. Part 25)                          
    Space Station (per system in low-earth orbit) (47             90,000
     C.F.R. Part 25)                                                    
    Public Mobile (per 1,000 subscribers) (47 C.F.R.                  60
     Part 22)                                                           
    Domestic Public Fixed (per call sign) (47 C.F.R.                  55
     Part 21)                                                           
    International Public Fixed (per call sign) (47                   110
     C.F.R. Part 23)                                                    
    Earth Stations (47 C.F.R. Part 25)                                  
    VSAT and equivalent C-Band antennas (per 100                       6
     antennas)                                                          
    Mobile satellite earth stations (per 100                           6
     antennas)                                                          
    Earth station antennas                                              
    Less than 9 meters (per 100 antennas)                              6
    9 Meters or more                                                    
    Transmit/Receive and Transmit Only (per meter)                    85
    Receive only (per meter)                                          55
    Carriers                                                            
    Inter-Exchange Carrier (per 1,000 presubscribed                   60
     access lines)                                                      
    Local Exchange Carrier (per 1,000 access lines)                   60
    Competitive access provider (per 1,000                            60
     subscribers)                                                       
    International circuits (per 100 active 64KB                      220
     circuit or equivalent)                                             
    --------------------------------------------------------------------

    (h) Exceptions
      The charges established under this section shall not be
    applicable to (1) governmental entities or nonprofit entities; or
    (2) to amateur radio operator licenses under part 97 of the
    Commission's regulations (47 C.F.R. Part 97).
    (i) Accounting system
      The Commission shall develop accounting systems necessary to
    making the adjustments authorized by subsection (b)(3) of this
    section. In the Commission's annual report, the Commission shall
    prepare an analysis of its progress in developing such systems and
    shall afford interested persons the opportunity to submit comments
    concerning the allocation of the costs of performing the functions
    described in subsection (a) of this section among the services in
    the Schedule.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 9, as added Pub. L. 103-66,
    title VI, Sec. 6003(a)(1), Aug. 10, 1993, 107 Stat. 397; amended
    Pub. L. 103-121, title I, Oct. 27, 1993, 107 Stat. 1167; Pub. L.
    103-414, title III, Sec. 303(a)(5), (6), Oct. 25, 1994, 108 Stat.
    4294.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (f). Pub. L. 103-414, Sec. 303(a)(5), designated
    second sentence of par. (1) as par. (2) and inserted par. (2)
    heading.
      Subsec. (g). Pub. L. 103-414, Sec. 303(a)(6), inserted "95" after
    "(47 C.F.R. Part" in item pertaining to Interactive Video Data
    Service under Private Radio Bureau in Schedule of Regulatory Fees.
      1993 - Subsec. (a). Pub. L. 103-121 designated existing
    provisions as par. (1), inserted heading, and added par. (2).

-End-

-CITE-
    47 USC Sec. 160                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 160. Competition in provision of telecommunications service

-STATUTE-
    (a) Regulatory flexibility
      Notwithstanding section 332(c)(1)(A) of this title, the
    Commission shall forbear from applying any regulation or any
    provision of this chapter to a telecommunications carrier or
    telecommunications service, or class of telecommunications carriers
    or telecommunications services, in any or some of its or their
    geographic markets, if the Commission determines that - 
        (1) enforcement of such regulation or provision is not
      necessary to ensure that the charges, practices, classifications,
      or regulations by, for, or in connection with that
      telecommunications carrier or telecommunications service are just
      and reasonable and are not unjustly or unreasonably
      discriminatory;
        (2) enforcement of such regulation or provision is not
      necessary for the protection of consumers; and
        (3) forbearance from applying such provision or regulation is
      consistent with the public interest.
    (b) Competitive effect to be weighed
      In making the determination under subsection (a)(3) of this
    section, the Commission shall consider whether forbearance from
    enforcing the provision or regulation will promote competitive
    market conditions, including the extent to which such forbearance
    will enhance competition among providers of telecommunications
    services. If the Commission determines that such forbearance will
    promote competition among providers of telecommunications services,
    that determination may be the basis for a Commission finding that
    forbearance is in the public interest.
    (c) Petition for forbearance
      Any telecommunications carrier, or class of telecommunications
    carriers, may submit a petition to the Commission requesting that
    the Commission exercise the authority granted under this section
    with respect to that carrier or those carriers, or any service
    offered by that carrier or carriers. Any such petition shall be
    deemed granted if the Commission does not deny the petition for
    failure to meet the requirements for forbearance under subsection
    (a) of this section within one year after the Commission receives
    it, unless the one-year period is extended by the Commission. The
    Commission may extend the initial one-year period by an additional
    90 days if the Commission finds that an extension is necessary to
    meet the requirements of subsection (a) of this section. The
    Commission may grant or deny a petition in whole or in part and
    shall explain its decision in writing.
    (d) Limitation
      Except as provided in section 251(f) of this title, the
    Commission may not forbear from applying the requirements of
    section 251(c) or 271 of this title under subsection (a) of this
    section until it determines that those requirements have been fully
    implemented.
    (e) State enforcement after Commission forbearance
      A State commission may not continue to apply or enforce any
    provision of this chapter that the Commission has determined to
    forbear from applying under subsection (a) of this section.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 10, as added Pub. L. 104-
    104, title IV, Sec. 401, Feb. 8, 1996, 110 Stat. 128.)

-End-

-CITE-
    47 USC Sec. 161                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 161. Regulatory reform

-STATUTE-
    (a) Biennial review of regulations
      In every even-numbered year (beginning with 1998), the Commission
    - 
        (1) shall review all regulations issued under this chapter in
      effect at the time of the review that apply to the operations or
      activities of any provider of telecommunications service; and
        (2) shall determine whether any such regulation is no longer
      necessary in the public interest as the result of meaningful
      economic competition between providers of such service.
    (b) Effect of determination
      The Commission shall repeal or modify any regulation it
    determines to be no longer necessary in the public interest.

-SOURCE-
    (June 19, 1934, ch. 652, title I, Sec. 11, as added Pub. L. 104-
    104, title IV, Sec. 402(a), Feb. 8, 1996, 110 Stat. 129.)

-End-

-CITE-
    47 USC SUBCHAPTER II - COMMON CARRIERS                      01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS

-HEAD-
                      SUBCHAPTER II - COMMON CARRIERS                  

-End-

-CITE-
    47 USC Part I - Common Carrier Regulation                   01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
                    PART I - COMMON CARRIER REGULATION                

-End-

-CITE-
    47 USC Sec. 201                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 201. Service and charges

-STATUTE-
      (a) It shall be the duty of every common carrier engaged in
    interstate or foreign communication by wire or radio to furnish
    such communication service upon reasonable request therefor; and,
    in accordance with the orders of the Commission, in cases where the
    Commission, after opportunity for hearing, finds such action
    necessary or desirable in the public interest, to establish
    physical connections with other carriers, to establish through
    routes and charges applicable thereto and the divisions of such
    charges, and to establish and provide facilities and regulations
    for operating such through routes.
      (b) All charges, practices, classifications, and regulations for
    and in connection with such communication service, shall be just
    and reasonable, and any such charge, practice, classification, or
    regulation that is unjust or unreasonable is declared to be
    unlawful: Provided, That communications by wire or radio subject to
    this chapter may be classified into day, night, repeated,
    unrepeated, letter, commercial, press, Government, and such other
    classes as the Commission may decide to be just and reasonable, and
    different charges may be made for the different classes of
    communications: Provided further, That nothing in this chapter or
    in any other provision of law shall be construed to prevent a
    common carrier subject to this chapter from entering into or
    operating under any contract with any common carrier not subject to
    this chapter, for the exchange of their services, if the Commission
    is of the opinion that such contract is not contrary to the public
    interest: Provided further, That nothing in this chapter or in any
    other provision of law shall prevent a common carrier subject to
    this chapter from furnishing reports of positions of ships at sea
    to newspapers of general circulation, either at a nominal charge or
    without charge, provided the name of such common carrier is
    displayed along with such ship position reports. The Commission may
    prescribe such rules and regulations as may be necessary in the
    public interest to carry out the provisions of this chapter.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 201, 48 Stat. 1070; May 31,
    1938, ch. 296, 52 Stat. 588.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as
    amended, known as the Communications Act of 1934, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 609 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1938 - Subsec. (b). Act May 31, 1938, inserted proviso relating
    to reports of positions of ships at sea.

        TELEPHONE RATES FOR MEMBERS OF ARMED FORCES DEPLOYED ABROAD    
      Pub. L. 102-538, title II, Sec. 213, Oct. 27, 1992, 106 Stat.
    3545, provided that:
      "(a) In General. - The Federal Communications Commission shall
    make efforts to reduce telephone rates for Armed Forces personnel
    in the following countries: Germany, Japan, Korea, Saudi Arabia,
    Great Britain, Italy, Philippines, Panama, Spain, Turkey, Iceland,
    the Netherlands, Greece, Cuba, Belgium, Portugal, Bermuda, Diego
    Garcia, Egypt, and Honduras.
      "(b) Factors To Consider. - In making the efforts described in
    subsection (a), the Federal Communications Commission, in
    coordination with the Department of Defense, Department of State,
    and the National Telecommunications and Information Administration
    shall consider the cost to military personnel and their families of
    placing telephone calls by - 
        "(1) evaluating and analyzing the costs to Armed Forces
      personnel of such telephone calls to and from American military
      bases abroad;
        "(2) evaluate methods of reducing the rates imposed on such
      calls;
        "(3) determine the extent to which it is feasible for the
      Federal Communications Commission to encourage the carriers to
      adopt flexible billing procedures and policies for members of the
      Armed Forces and their families for telephone calls to and from
      the countries listed in subsection (a); and
        "(4) advise executive branch agencies of methods for the United
      States to persuade foreign governments to reduce the surcharges
      that are often placed on such telephone calls."

-End-

-CITE-
    47 USC Sec. 202                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 202. Discriminations and preferences

-STATUTE-
    (a) Charges, services, etc.
      It shall be unlawful for any common carrier to make any unjust or
    unreasonable discrimination in charges, practices, classifications,
    regulations, facilities, or services for or in connection with like
    communication service, directly or indirectly, by any means or
    device, or to make or give any undue or unreasonable preference or
    advantage to any particular person, class of persons, or locality,
    or to subject any particular person, class of persons, or locality
    to any undue or unreasonable prejudice or disadvantage.
    (b) Charges or services included
      Charges or services, whenever referred to in this chapter,
    include charges for, or services in connection with, the use of
    common carrier lines of communication, whether derived from wire or
    radio facilities, in chain broadcasting or incidental to radio
    communication of any kind.
    (c) Penalty
      Any carrier who knowingly violates the provisions of this section
    shall forfeit to the United States the sum of $6,000 for each such
    offense and $300 for each and every day of the continuance of such
    offense.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 202, 48 Stat. 1070; Pub. L.
    86-751, Sept. 13, 1960, 74 Stat. 888; Pub. L. 101-239, title III,
    Sec. 3002(a), Dec. 19, 1989, 103 Stat. 2131.)

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (c). Pub. L. 101-239 substituted "$6,000" for
    "$500" and "$300" for "$25".
      1960 - Subsec. (b). Pub. L. 86-751 substituted "common carrier
    lines of communication, whether derived from wire or radio
    facilities," for "wires".

-End-

-CITE-
    47 USC Sec. 203                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 203. Schedules of charges

-STATUTE-
    (a) Filing; public display
      Every common carrier, except connecting carriers, shall, within
    such reasonable time as the Commission shall designate, file with
    the Commission and print and keep open for public inspection
    schedules showing all charges for itself and its connecting
    carriers for interstate and foreign wire or radio communication
    between the different points on its own system, and between points
    on its own system and points on the system of its connecting
    carriers or points on the system of any other carrier subject to
    this chapter when a through route has been established, whether
    such charges are joint or separate, and showing the
    classifications, practices, and regulations affecting such charges.
    Such schedules shall contain such other information, and be printed
    in such form, and be posted and kept open for public inspection in
    such places, as the Commission may by regulation require, and each
    such schedule shall give notice of its effective date; and such
    common carrier shall furnish such schedules to each of its
    connecting carriers, and such connecting carriers shall keep such
    schedules open for inspection in such public places as the
    Commission may require.
    (b) Changes in schedule; discretion of Commission to modify
      requirements
      (1) No change shall be made in the charges, classifications,
    regulations, or practices which have been so filed and published
    except after one hundred and twenty days notice to the Commission
    and to the public, which shall be published in such form and
    contain such information as the Commission may by regulations
    prescribe.
      (2) The Commission may, in its discretion and for good cause
    shown, modify any requirement made by or under the authority of
    this section either in particular instances or by general order
    applicable to special circumstances or conditions except that the
    Commission may not require the notice period specified in paragraph
    (1) to be more than one hundred and twenty days.
    (c) Overcharges and rebates
      No carrier, unless otherwise provided by or under authority of
    this chapter, shall engage or participate in such communication
    unless schedules have been filed and published in accordance with
    the provisions of this chapter and with the regulations made
    thereunder; and no carrier shall (1) charge, demand, collect, or
    receive a greater or less or different compensation for such
    communication, or for any service in connection therewith, between
    the points named in any such schedule than the charges specified in
    the schedule then in effect, or (2) refund or remit by any means or
    device any portion of the charges so specified, or (3) extend to
    any person any privileges or facilities in such communication, or
    employ or enforce any classifications, regulations, or practices
    affecting such charges, except as specified in such schedule.
    (d) Rejection or refusal
      The Commission may reject and refuse to file any schedule entered
    for filing which does not provide and give lawful notice of its
    effective date. Any schedule so rejected by the Commission shall be
    void and its use shall be unlawful.
    (e) Penalty for violations
      In case of failure or refusal on the part of any carrier to
    comply with the provisions of this section or of any regulation or
    order made by the Commission thereunder, such carrier shall forfeit
    to the United States the sum of $6,000 for each such offense, and
    $300 for each and every day of the continuance of such offense.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 203, 48 Stat. 1070; Pub. L.
    94-376, Sec. 1, Aug. 4, 1976, 90 Stat. 1080; Pub. L. 101-239, title
    III, Sec. 3002(b), Dec. 19, 1989, 103 Stat. 2131; Pub. L. 101-396,
    Sec. 7, Sept. 28, 1990, 104 Stat. 850.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-396 substituted "one hundred and
    twenty days" for "ninety days" in pars. (1) and (2).
      1989 - Subsec. (e). Pub. L. 101-239 substituted "$6,000" for
    "$500" and "$300" for "$25".
      1976 - Subsec. (b). Pub. L. 94-376 designated existing provisions
    as par. (1), substituted "after ninety days notice" for "after
    thirty days' notice", and struck out provision that the Commission
    may, in its discretion and for good cause shown, modify the
    requirements made by or under authority of this section in
    particular instances or by a general order applicable to special
    circumstances or conditions, and added par. (2).

-End-

-CITE-
    47 USC Sec. 204                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 204. Hearings on new charges; suspension pending hearing;
      refunds; duration of hearing; appeal of order concluding hearing

-STATUTE-
      (a)(1) Whenever there is filed with the Commission any new or
    revised charge, classification, regulation, or practice, the
    Commission may either upon complaint or upon its own initiative
    without complaint, upon reasonable notice, enter upon a hearing
    concerning the lawfulness thereof; and pending such hearing and the
    decision thereon the Commission, upon delivering to the carrier or
    carriers affected thereby a statement in writing of its reasons for
    such suspension, may suspend the operation of such charge,
    classification, regulation, or practice, in whole or in part but
    not for a longer period than five months beyond the time when it
    would otherwise go into effect; and after full hearing the
    Commission may make such order with reference thereto as would be
    proper in a proceeding initiated after such charge, classification,
    regulation, or practice had become effective. If the proceeding has
    not been concluded and an order made within the period of the
    suspension, the proposed new or revised charge, classification,
    regulation, or practice shall go into effect at the end of such
    period; but in case of a proposed charge for a new service or a
    revised charge, the Commission may by order require the interested
    carrier or carriers to keep accurate account of all amounts
    received by reason of such charge for a new service or revised
    charge, specifying by whom and in whose behalf such amounts are
    paid, and upon completion of the hearing and decision may by
    further order require the interested carrier or carriers to refund,
    with interest, to the persons in whose behalf such amounts were
    paid, such portion of such charge for a new service or revised
    charges as by its decision shall be found not justified. At any
    hearing involving a new or revised charge, or a proposed new or
    revised charge, the burden of proof to show that the new or revised
    charge, or proposed charge, is just and reasonable shall be upon
    the carrier, and the Commission shall give to the hearing and
    decision of such questions preference over all other questions
    pending before it and decide the same as speedily as possible.
      (2)(A) Except as provided in subparagraph (B), the Commission
    shall, with respect to any hearing under this section, issue an
    order concluding such hearing within 5 months after the date that
    the charge, classification, regulation, or practice subject to the
    hearing becomes effective.
      (B) The Commission shall, with respect to any such hearing
    initiated prior to November 3, 1988, issue an order concluding the
    hearing not later than 12 months after November 3, 1988.
      (C) Any order concluding a hearing under this section shall be a
    final order and may be appealed under section 402(a) of this title.
      (3) A local exchange carrier may file with the Commission a new
    or revised charge, classification, regulation, or practice on a
    streamlined basis. Any such charge, classification, regulation, or
    practice shall be deemed lawful and shall be effective 7 days (in
    the case of a reduction in rates) or 15 days (in the case of an
    increase in rates) after the date on which it is filed with the
    Commission unless the Commission takes action under paragraph (1)
    before the end of that 7-day or 15-day period, as is appropriate.
      (b) Notwithstanding the provisions of subsection (a) of this
    section, the Commission may allow part of a charge, classification,
    regulation, or practice to go into effect, based upon a written
    showing by the carrier or carriers affected, and an opportunity for
    written comment thereon by affected persons, that such partial
    authorization is just, fair, and reasonable. Additionally, or in
    combination with a partial authorization, the Commission, upon a
    similar showing, may allow all or part of a charge, classification,
    regulation, or practice to go into effect on a temporary basis
    pending further order of the Commission. Authorizations of
    temporary new or increased charges may include an accounting order
    of the type provided for in subsection (a) of this section.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 204, 48 Stat. 1071; Pub. L.
    94-376, Sec. 2, Aug. 4, 1976, 90 Stat. 1080; Pub. L. 100-594, Sec.
    8(b), Nov. 3, 1988, 102 Stat. 3023; Pub. L. 102-538, title II, Sec.
    203, Oct. 27, 1992, 106 Stat. 3542; Pub. L. 104-104, title IV, Sec.
    402(b)(1)(A), Feb. 8, 1996, 110 Stat. 129.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2)(A). Pub. L. 104-104, Sec. 402(b)(1)(A)(i),
    (ii), substituted "such hearing within 5 months" for "such hearing
    within 12 months" and struck out before period at end ", or within
    15 months after such date if the hearing raises questions of fact
    of such extraordinary complexity that the questions cannot be
    resolved within 12 months".
      Subsec. (a)(3). Pub. L. 104-104, Sec. 402(b)(1)(A)(iii), added
    par. (3).
      1992 - Subsec. (a)(1). Pub. L. 102-538 substituted "a revised
    charge" for "an increased charge" after "a proposed charge for a
    new service or", "or revised" for "or increased" before "charge,
    specifying by whom and in whose behalf", "revised charges" for
    "increased charges" before "as by its decision shall be found not
    justified", "new or revised charge, or a proposed new or revised
    charge" for "charge increased, or sought to be increased" before ",
    burden of proof to show", and "new or revised charge" for
    "increased charge" before ", or proposed charge, is just and
    reasonable".
      1988 - Subsec. (a). Pub. L. 100-594 designated existing
    provisions as par. (1) and added par. (2).
      1976 - Subsec. (a). Pub. L. 94-376 designated existing provisions
    as subsec. (a), substituted "any new or revised charge" for "any
    new charge", "in whole or in part but not for a longer period than
    five months" for "but not for a longer period than three months",
    "after such charge, classification, regulation, or practice had
    become effective" for "after it had become effective", "the
    proposed new or revised charge" for "the proposed change of
    charge", "but in case of a proposed charge for a new service or an
    increased charge" for "but in case of a proposed increased charge",
    "by reason of such charge for a new service or increased charge"
    for "by reason of such increase", "such portion of such charge for
    a new service or increased charges" for "such portion of such
    increased charges", "burden of proof to show that the increased
    charge, or proposed charge" for "burden of proof to show that the
    increased charge, or proposed increased charge", and struck out
    "after the organization of the Commission" before "the burden of
    proof."
      Subsec. (b). Pub. L. 94-376 added subsec. (b).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 402(b)(4) of Pub. L. 104-104 provided that: "The
    amendments made by paragraph (1) of this subsection [amending this
    section and section 208 of this title] shall apply with respect to
    any charge, classification, regulation, or practice filed on or
    after one year after the date of enactment of this Act [Feb. 8,
    1996]."

                     FORBEARANCE AUTHORITY NOT LIMITED                 
      Section 402(b)(3) of Pub. L. 104-104 provided that: "Nothing in
    this subsection [amending this section and section 208 of this
    title and enacting provisions set out as notes under this section
    and section 214 of this title] shall be construed to limit the
    authority of the Commission to waive, modify, or forbear from
    applying any of the requirements to which reference is made in
    paragraph (1) [amending this section and section 208 of this title]
    under any other provision of this Act [see Short Title of 1996
    Amendment note set out under section 609 of this title] or other
    law."

-End-

-CITE-
    47 USC Sec. 205                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 205. Commission authorized to prescribe just and reasonable
      charges; penalties for violations

-STATUTE-
      (a) Whenever, after full opportunity for hearing, upon a
    complaint or under an order for investigation and hearing made by
    the Commission on its own initiative, the Commission shall be of
    opinion that any charge, classification, regulation, or practice of
    any carrier or carriers is or will be in violation of any of the
    provisions of this chapter, the Commission is authorized and
    empowered to determine and prescribe what will be the just and
    reasonable charge or the maximum or minimum, or maximum and
    minimum, charge or charges to be thereafter observed, and what
    classification, regulation, or practice is or will be just, fair,
    and reasonable, to be thereafter followed, and to make an order
    that the carrier or carriers shall cease and desist from such
    violation to the extent that the Commission finds that the same
    does or will exist, and shall not thereafter publish, demand, or
    collect any charge other than the charge so prescribed, or in
    excess of the maximum or less than the minimum so prescribed, as
    the case may be, and shall adopt the classification and shall
    conform to and observe the regulation or practice so prescribed.
      (b) Any carrier, any officer, representative, or agent of a
    carrier, or any receiver, trustee, lessee, or agent of either of
    them, who knowingly fails or neglects to obey any order made under
    the provisions of this section shall forfeit to the United States
    the sum of $12,000 for each offense. Every distinct violation shall
    be a separate offense, and in case of continuing violation each day
    shall be deemed a separate offense.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 205, 48 Stat. 1072; Pub. L.
    101-239, title III, Sec. 3002(c), Dec. 19, 1989, 103 Stat. 2131.)

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (b). Pub. L. 101-239 substituted "$12,000" for
    "$1,000".

-End-

-CITE-
    47 USC Sec. 206                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 206. Carriers' liability for damages

-STATUTE-
      In case any common carrier shall do, or cause or permit to be
    done, any act, matter, or thing in this chapter prohibited or
    declared to be unlawful, or shall omit to do any act, matter, or
    thing in this chapter required to be done, such common carrier
    shall be liable to the person or persons injured thereby for the
    full amount of damages sustained in consequence of any such
    violation of the provisions of this chapter, together with a
    reasonable counsel or attorney's fee, to be fixed by the court in
    every case of recovery, which attorney's fee shall be taxed and
    collected as part of the costs in the case.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 206, 48 Stat. 1072.)

-End-

-CITE-
    47 USC Sec. 207                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 207. Recovery of damages

-STATUTE-
      Any person claiming to be damaged by any common carrier subject
    to the provisions of this chapter may either make complaint to the
    Commission as hereinafter provided for, or may bring suit for the
    recovery of the damages for which such common carrier may be liable
    under the provisions of this chapter, in any district court of the
    United States of competent jurisdiction; but such person shall not
    have the right to pursue both such remedies.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 207, 48 Stat. 1073.)

-End-

-CITE-
    47 USC Sec. 208                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 208. Complaints to Commission; investigations; duration of
      investigation; appeal of order concluding investigation

-STATUTE-
      (a) Any person, any body politic, or municipal organization, or
    State commission, complaining of anything done or omitted to be
    done by any common carrier subject to this chapter, in
    contravention of the provisions thereof, may apply to said
    Commission by petition which shall briefly state the facts,
    whereupon a statement of the complaint thus made shall be forwarded
    by the Commission to such common carrier, who shall be called upon
    to satisfy the complaint or to answer the same in writing within a
    reasonable time to be specified by the Commission. If such common
    carrier within the time specified shall make reparation for the
    injury alleged to have been caused, the common carrier shall be
    relieved of liability to the complainant only for the particular
    violation of law thus complained of. If such carrier or carriers
    shall not satisfy the complaint within the time specified or there
    shall appear to be any reasonable ground for investigating said
    complaint, it shall be the duty of the Commission to investigate
    the matters complained of in such manner and by such means as it
    shall deem proper. No complaint shall at any time be dismissed
    because of the absence of direct damage to the complaint.
      (b)(1) Except as provided in paragraph (2), the Commission shall,
    with respect to any investigation under this section of the
    lawfulness of a charge, classification, regulation, or practice,
    issue an order concluding such investigation within 5 months after
    the date on which the complaint was filed.
      (2) The Commission shall, with respect to any such investigation
    initiated prior to November 3, 1988, issue an order concluding the
    investigation not later than 12 months after November 3, 1988.
      (3) Any order concluding an investigation under paragraph (1) or
    (2) shall be a final order and may be appealed under section 402(a)
    of this title.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 208, 48 Stat. 1073; Pub. L.
    100-594, Sec. 8(c), Nov. 3, 1988, 102 Stat. 3023; Pub. L. 104-104,
    title IV, Sec. 402(b)(1)(B), Feb. 8, 1996, 110 Stat. 129.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(1). Pub. L. 104-104 substituted "such
    investigation within 5 months" for "such investigation within 12
    months" and struck out before period at end ", or within 15 months
    after such date if the investigation raises questions of fact of
    such extraordinary complexity that the questions cannot be resolved
    within 12 months".
      1988 - Pub. L. 100-594 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-104 applicable with respect to any
    charge, classification, regulation, or practice filed on or after
    one year after Feb. 8, 1996, see section 402(b)(4) of Pub. L. 104-
    104, set out as a note under section 204 of this title.

                     FORBEARANCE AUTHORITY NOT LIMITED                 
      Nothing in amendment by Pub. L. 104-104 to be construed to limit
    authority of Commission to waive, modify, or forbear from applying
    certain requirements, see section 402(b)(3) of Pub. L. 104-104, set
    out as a note under section 204 of this title.

-End-

-CITE-
    47 USC Sec. 209                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 209. Orders for payment of money

-STATUTE-
      If, after hearing on a complaint, the Commission shall determine
    that any party complainant is entitled to an award of damages under
    the provisions of this chapter, the Commission shall make an order
    directing the carrier to pay to the complainant the sum to which he
    is entitled on or before a day named.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 209, 48 Stat. 1073.)

-End-

-CITE-
    47 USC Sec. 210                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 210. Franks and passes; free service to governmental agencies
      in connection with national defense

-STATUTE-
      (a) Nothing in this chapter or in any other provision of law
    shall be construed to prohibit common carriers from issuing or
    giving franks to, or exchanging franks with each other for the use
    of, their officers, agents, employees, and their families, or,
    subject to such rules as the Commission may prescribe, from
    issuing, giving, or exchanging franks and passes to or with other
    common carriers not subject to the provisions of this chapter, for
    the use of their officers, agents, employees, and their families.
    The term "employees", as used in this section, shall include
    furloughed, pensioned, and superannuated employees.
      (b) Nothing in this chapter or in any other provision of law
    shall be construed to prohibit common carriers from rendering to
    any agency of the Government free service in connection with the
    preparation for the national defense: Provided, That such free
    service may be rendered only in accordance with such rules and
    regulations as the Commission may prescribe therefor.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 210, 48 Stat. 1073; June
    25, 1940, ch. 422, 54 Stat. 570.)

-MISC1-
                                AMENDMENTS                            
      1940 - Act June 25, 1940, designated existing provisions as
    subsec. (a) and added subsec. (b).

-End-

-CITE-
    47 USC Sec. 211                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 211. Contracts of carriers; filing with Commission

-STATUTE-
      (a) Every carrier subject to this chapter shall file with the
    Commission copies of all contracts, agreements, or arrangements
    with other carriers, or with common carriers not subject to the
    provisions of this chapter, in relation to any traffic affected by
    the provisions of this chapter to which it may be a party.
      (b) The Commission shall have authority to require the filing of
    any other contracts of any carrier, and shall also have authority
    to exempt any carrier from submitting copies of such minor
    contracts as the Commission may determine.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 211, 48 Stat. 1073.)

-End-

-CITE-
    47 USC Sec. 212                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 212. Interlocking directorates; officials dealing in
      securities

-STATUTE-
      It shall be unlawful for any person to hold the position of
    officer or director of more than one carrier subject to this
    chapter, unless such holding shall have been authorized by order of
    the Commission, upon due showing in form and manner prescribed by
    the Commission, that neither public nor private interests will be
    adversely affected thereby: Provided, That the Commission may
    authorize persons to hold the position of officer or director in
    more than one such carrier, without regard to the requirements of
    this section, where it has found that one of the two or more
    carriers directly or indirectly owns more than 50 per centum of the
    stock of the other or others, or that 50 per centum or more of the
    stock of all such carriers is directly or indirectly owned by the
    same person. After this section takes effect it shall be unlawful
    for any officer or director of any carrier subject to this chapter
    to receive for his own benefit directly or indirectly, any money or
    thing of value in respect of negotiation, hypothecation, or sale of
    any securities issued or to be issued by such carrier, or to share
    in any of the proceeds thereof, or to participate in the making or
    paying of any dividends of such carriers from any funds properly
    included in capital account.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 212, 48 Stat. 1074; Aug. 2,
    1956, ch. 874, Sec. 1, 70 Stat. 931; Pub. L. 103-414, title III,
    Sec. 304(a)(2), Oct. 25, 1994, 108 Stat. 4296.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-414 substituted "It shall" for "After sixty
    days from June 19, 1934, it shall".
      1956 - Act Aug. 2, 1956, inserted proviso that Commission may
    authorize persons to hold position of officer or director in more
    than one carrier, where carrier owns more than 50 percent of the
    stock of the other carriers, or that 50 percent or more of the
    stock of all such carriers is owned by the same person, struck out
    "such" before "carrier" in sentence after proviso, inserted
    "subject to this chapter" after that word, and substituted
    "carriers" for "carrier" toward end of said sentence.

-End-

-CITE-
    47 USC Sec. 213                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 213. Valuation of property of carrier

-STATUTE-
    (a) Hearing
      The Commission may from time to time, as may be necessary for the
    proper administration of this chapter, and after opportunity for
    hearing, make a valuation of all or of any part of the property
    owned or used by any carrier subject to this chapter, as of such
    date as the Commission may fix.
    (b) Inventory
      The Commission may at any time require any such carrier to file
    with the Commission an inventory of all or of any part of the
    property owned or used by said carrier, which inventory shall show
    the units of said property classified in such detail, and in such
    manner, as the Commission shall direct, and shall show the
    estimated cost of reproduction new of said units, and their
    reproduction cost new less depreciation, as of such date as the
    Commission may direct; and such carrier shall file such inventory
    within such reasonable time as the Commission by order shall
    require.
    (c) Original cost
      The Commission may at any time require any such carrier to file
    with the Commission a statement showing the original cost at the
    time of dedication to the public use of all or of any part of the
    property owned or used by said carrier. For the showing of such
    original cost said property shall be classified, and the original
    cost shall be defined, in such manner as the Commission may
    prescribe; and if any part of such cost cannot be determined from
    accounting or other records, the portion of the property for which
    such cost cannot be determined shall be reported to the Commission;
    and, if the Commission shall so direct, the original cost thereof
    shall be estimated in such manner as the Commission may prescribe.
    If the carrier owning the property at the time such original cost
    is reported shall have paid more or less than the original cost to
    acquire the same, the amount of such cost of acquisition, and any
    facts which the Commission may require in connection therewith,
    shall be reported with such original cost. The report made by a
    carrier under this subsection shall show the source or sources from
    which the original cost reported was obtained, and such other
    information as to the manner in which the report was prepared, as
    the Commission shall require.
    (d) Easement, license or franchise
      Nothing shall be included in the original cost reported for the
    property of any carrier under subsection (c) of this section on
    account of any easement, license, or franchise granted by the
    United States or by any State or political subdivision thereof,
    beyond the reasonable necessary expense lawfully incurred in
    obtaining such easement, license, or franchise from the public
    authority aforesaid, which expense shall be reported separately
    from all other costs in such detail as the Commission may require;
    and nothing shall be included in any valuation of the property of
    any carrier made by the Commission on account of any such easement,
    license, or franchise, beyond such reasonable necessary expense
    lawfully incurred as aforesaid.
    (e) Improvements; changes in condition
      The Commission shall keep itself informed of all new
    construction, extensions, improvements, retirements, or other
    changes in the condition, quantity, use, and classification of the
    property of common carriers, and of the cost of all additions and
    betterments thereto and of all changes in the investment therein,
    and may keep itself informed of current changes in costs and values
    of carrier properties.
    (f) Additional information; access to records and data
      For the purpose of enabling the Commission to make a valuation of
    any of the property of any such carrier, or to find the original
    cost of such property, or to find any other facts concerning the
    same which are required for use by the Commission, it shall be the
    duty of each such carrier to furnish to the Commission, within such
    reasonable time as the Commission may order, any information with
    respect thereto which the Commission may by order require,
    including copies of maps, contracts, reports of engineers, and
    other data, records, and papers, and to grant to all agents of the
    Commission free access to its property and its accounts, records,
    and memoranda whenever and wherever requested by any such duly
    authorized agent, and to cooperate with and aid the Commission in
    the work of making any such valuation or finding in such manner and
    to such extent as the Commission may require and direct, and all
    rules and regulations made by the Commission for the purpose of
    administering this section shall have the full force and effect of
    law. Unless otherwise ordered by the Commission, with the reasons
    therefor, the records and data of the Commission shall be open to
    the inspection and examination of the public. The Commission, in
    making any such valuation, shall be free to adopt any method of
    valuation which shall be lawful.
    (g) State commissions
      Nothing in this section shall impair or diminish the powers of
    any State commission.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 213, 48 Stat. 1074; Pub. L.
    103-414, title III, Sec. 304(a)(3), Oct. 25, 1994, 108 Stat. 4296.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsecs. (g), (h). Pub. L. 103-414 redesignated subsec.
    (h) as (g) and struck out former subsec. (g) which read as follows:
    "Notwithstanding any provision of this chapter the Interstate
    Commerce Commission, if requested to do so by the Commission, shall
    complete, at the earliest practicable date, such valuations of
    properties of carriers subject to this chapter as are now in
    progress, and shall thereafter transfer to the Commission the
    records relating thereto."

-End-

-CITE-
    47 USC Sec. 214                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 214. Extension of lines or discontinuance of service;
      certificate of public convenience and necessity

-STATUTE-
    (a) Exceptions; temporary or emergency service or discontinuance of
      service; changes in plant, operation or equipment
      No carrier shall undertake the construction of a new line or of
    an extension of any line, or shall acquire or operate any line, or
    extension thereof, or shall engage in transmission over or by means
    of such additional or extended line, unless and until there shall
    first have been obtained from the Commission a certificate that the
    present or future public convenience and necessity require or will
    require the construction, or operation, or construction and
    operation, of such additional or extended line: Provided, That no
    such certificate shall be required under this section for the
    construction, acquisition, or operation of (1) a line within a
    single State unless such line constitutes part of an interstate
    line, (2) local, branch, or terminal lines not exceeding ten miles
    in length, or (3) any line acquired under section 221 of this
    title: Provided further, That the Commission may, upon appropriate
    request being made, authorize temporary or emergency service, or
    the supplementing of existing facilities, without regard to the
    provisions of this section. No carrier shall discontinue, reduce,
    or impair service to a community, or part of a community, unless
    and until there shall first have been obtained from the Commission
    a certificate that neither the present nor future public
    convenience and necessity will be adversely affected thereby;
    except that the Commission may, upon appropriate request being
    made, authorize temporary or emergency discontinuance, reduction,
    or impairment of service, or partial discontinuance, reduction, or
    impairment of service, without regard to the provisions of this
    section. As used in this section the term "line" means any channel
    of communication established by the use of appropriate equipment,
    other than a channel of communication established by the
    interconnection of two or more existing channels: Provided,
    however, That nothing in this section shall be construed to require
    a certificate or other authorization from the Commission for any
    installation, replacement, or other changes in plant, operation, or
    equipment, other than new construction, which will not impair the
    adequacy or quality of service provided.
    (b) Notification of Secretary of Defense, Secretary of State, and
      State Governor
      Upon receipt of an application for any such certificate, the
    Commission shall cause notice thereof to be given to, and shall
    cause a copy of such application to be filed with, the Secretary of
    Defense, the Secretary of State (with respect to such applications
    involving service to foreign points), and the Governor of each
    State in which such line is proposed to be constructed, extended,
    acquired, or operated, or in which such discontinuance, reduction,
    or impairment of service is proposed, with the right to those
    notified to be heard; and the Commission may require such published
    notice as it shall determine.
    (c) Approval or disapproval; injunction
      The Commission shall have power to issue such certificate as
    applied for, or to refuse to issue it, or to issue it for a portion
    or portions of a line, or extension thereof, or discontinuance,
    reduction, or impairment of service, described in the application,
    or for the partial exercise only of such right or privilege, and
    may attach to the issuance of the certificate such terms and
    conditions as in its judgment the public convenience and necessity
    may require. After issuance of such certificate, and not before,
    the carrier may, without securing approval other than such
    certificate, comply with the terms and conditions contained in or
    attached to the issuance of such certificate and proceed with the
    construction, extension, acquisition, operation, or discontinuance,
    reduction, or impairment of service covered thereby. Any
    construction, extension, acquisition, operation, discontinuance,
    reduction, or impairment of service contrary to the provisions of
    this section may be enjoined by any court of competent jurisdiction
    at the suit of the United States, the Commission, the State
    commission, any State affected, or any party in interest.
    (d) Order of Commission; hearing; penalty
      The Commission may, after full opportunity for hearing, in a
    proceeding upon complaint or upon its own initiative without
    complaint, authorize or require by order any carrier, party to such
    proceeding, to provide itself with adequate facilities for the
    expeditious and efficient performance of its service as a common
    carrier and to extend its line or to establish a public office; but
    no such authorization or order shall be made unless the Commission
    finds, as to such provision of facilities, as to such establishment
    of public offices, or as to such extension, that it is reasonably
    required in the interest of public convenience and necessity, or as
    to such extension or facilities that the expense involved therein
    will not impair the ability of the carrier to perform its duty to
    the public. Any carrier which refuses or neglects to comply with
    any order of the Commission made in pursuance of this subsection
    shall forfeit to the United States $1,200 for each day during which
    such refusal or neglect continues.
    (e) Provision of universal service
      (1) Eligible telecommunications carriers
        A common carrier designated as an eligible telecommunications
      carrier under paragraph (2), (3), or (6) shall be eligible to
      receive universal service support in accordance with section 254
      of this title and shall, throughout the service area for which
      the designation is received - 
          (A) offer the services that are supported by Federal
        universal service support mechanisms under section 254(c) of
        this title, either using its own facilities or a combination of
        its own facilities and resale of another carrier's services
        (including the services offered by another eligible
        telecommunications carrier); and
          (B) advertise the availability of such services and the
        charges therefor using media of general distribution.
      (2) Designation of eligible telecommunications carriers
        A State commission shall upon its own motion or upon request
      designate a common carrier that meets the requirements of
      paragraph (1) as an eligible telecommunications carrier for a
      service area designated by the State commission. Upon request and
      consistent with the public interest, convenience, and necessity,
      the State commission may, in the case of an area served by a
      rural telephone company, and shall, in the case of all other
      areas, designate more than one common carrier as an eligible
      telecommunications carrier for a service area designated by the
      State commission, so long as each additional requesting carrier
      meets the requirements of paragraph (1). Before designating an
      additional eligible telecommunications carrier for an area served
      by a rural telephone company, the State commission shall find
      that the designation is in the public interest.
      (3) Designation of eligible telecommunications carriers for
        unserved areas
        If no common carrier will provide the services that are
      supported by Federal universal service support mechanisms under
      section 254(c) of this title to an unserved community or any
      portion thereof that requests such service, the Commission, with
      respect to interstate services or an area served by a common
      carrier to which paragraph (6) applies, or a State commission,
      with respect to intrastate services, shall determine which common
      carrier or carriers are best able to provide such service to the
      requesting unserved community or portion thereof and shall order
      such carrier or carriers to provide such service for that
      unserved community or portion thereof. Any carrier or carriers
      ordered to provide such service under this paragraph shall meet
      the requirements of paragraph (1) and shall be designated as an
      eligible telecommunications carrier for that community or portion
      thereof.
      (4) Relinquishment of universal service
        A State commission (or the Commission in the case of a common
      carrier designated under paragraph (6)) shall permit an eligible
      telecommunications carrier to relinquish its designation as such
      a carrier in any area served by more than one eligible
      telecommunications carrier. An eligible telecommunications
      carrier that seeks to relinquish its eligible telecommunications
      carrier designation for an area served by more than one eligible
      telecommunications carrier shall give advance notice to the State
      commission (or the Commission in the case of a common carrier
      designated under paragraph (6)) of such relinquishment. Prior to
      permitting a telecommunications carrier designated as an eligible
      telecommunications carrier to cease providing universal service
      in an area served by more than one eligible telecommunications
      carrier, the State commission (or the Commission in the case of a
      common carrier designated under paragraph (6)) shall require the
      remaining eligible telecommunications carrier or carriers to
      ensure that all customers served by the relinquishing carrier
      will continue to be served, and shall require sufficient notice
      to permit the purchase or construction of adequate facilities by
      any remaining eligible telecommunications carrier. The State
      commission (or the Commission in the case of a common carrier
      designated under paragraph (6)) shall establish a time, not to
      exceed one year after the State commission (or the Commission in
      the case of a common carrier designated under paragraph (6))
      approves such relinquishment under this paragraph, within which
      such purchase or construction shall be completed.
      (5) "Service area" defined
        The term "service area" means a geographic area established by
      a State commission (or the Commission under paragraph (6)) for
      the purpose of determining universal service obligations and
      support mechanisms. In the case of an area served by a rural
      telephone company, "service area" means such company's "study
      area" unless and until the Commission and the States, after
      taking into account recommendations of a Federal-State Joint
      Board instituted under section 410(c) of this title, establish a
      different definition of service area for such company.
      (6) Common carriers not subject to State commission jurisdiction
        In the case of a common carrier providing telephone exchange
      service and exchange access that is not subject to the
      jurisdiction of a State commission, the Commission shall upon
      request designate such a common carrier that meets the
      requirements of paragraph (1) as an eligible telecommunications
      carrier for a service area designated by the Commission
      consistent with applicable Federal and State law. Upon request
      and consistent with the public interest, convenience and
      necessity, the Commission may, with respect to an area served by
      a rural telephone company, and shall, in the case of all other
      areas, designate more than one common carrier as an eligible
      telecommunications carrier for a service area designated under
      this paragraph, so long as each additional requesting carrier
      meets the requirements of paragraph (1). Before designating an
      additional eligible telecommunications carrier for an area served
      by a rural telephone company, the Commission shall find that the
      designation is in the public interest.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 214, 48 Stat. 1075; Mar. 6,
    1943, ch. 10, Secs. 2-5, 57 Stat. 11; Pub. L. 93-506, Sec. 1, Nov.
    30, 1974, 88 Stat. 1577; Pub. L. 101-239, title III, Sec. 3002(d),
    Dec. 19, 1989, 103 Stat. 2131; Pub. L. 103-414, title III, Sec.
    304(a)(4), Oct. 25, 1994, 108 Stat. 4296; Pub. L. 104-104, title I,
    Sec. 102(a), Feb. 8, 1996, 110 Stat. 80; Pub. L. 105-125, Sec. 1,
    Dec. 1, 1997, 111 Stat. 2540.)

-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (e)(1). Pub. L. 105-125, Sec. 1(1), substituted
    "(2), (3), or (6)" for "(2) or (3)".
      Subsec. (e)(3). Pub. L. 105-125, Sec. 1(2), substituted
    "interstate services or an area served by a common carrier to which
    paragraph (6) applies" for "interstate services".
      Subsec. (e)(4). Pub. L. 105-125, Sec. 1(3), inserted "(or the
    Commission in the case of a common carrier designated under
    paragraph (6))" after "State commission" wherever appearing.
      Subsec. (e)(5). Pub. L. 105-125, Sec. 1(4), inserted "(or the
    Commission under paragraph (6))" after "State commission".
      Subsec. (e)(6). Pub. L. 105-125, Sec. 1(5), added par. (6).
      1996 - Subsec. (e). Pub. L. 104-104 added subsec. (e).
      1994 - Subsec. (a). Pub. L. 103-414 substituted "section 221" for
    "section 221 or 222".
      1989 - Subsec. (d). Pub. L. 101-239 substituted "$1,200" for
    "$100".
      1974 - Subsec. (b). Pub. L. 93-506 substituted "the Secretary of
    Defense, the Secretary of State (with respect to such applications
    involving service to foreign points)," for "the Secretary of the
    Army, the Secretary of the Navy,".
      1943 - Subsec. (a). Act Mar. 6, 1943, Sec. 2, among other changes
    inserted all after "no carrier shall discontinue", etc.
      Subsec. (b). Act Mar. 6, 1943, Sec. 3, among other changes
    provided notice should be filed with Secretary of War and the
    Secretary of the Navy.
      Subsec. (c). Act Mar. 6, 1943, Sec. 4, extended provisions to
    include discontinuance, reduction, or impairment of service.
      Subsec. (d). Act Mar. 6, 1943, Sec. 5, amended first sentence.

                     EXTENSION OF LINES; ARMIS REPORTS                 
      Section 402(b)(2) of Pub. L. 104-104 provided that: "The
    Commission shall permit any common carrier - 
        "(A) to be exempt from the requirements of section 214 of the
      Communications Act of 1934 [47 U.S.C. 214] for the extension of
      any line; and
        "(B) to file cost allocation manuals and ARMIS reports
      annually, to the extent such carrier is required to file such
      manuals or reports."

-End-

-CITE-
    47 USC Sec. 215                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 215. Examination of transactions relating to furnishing of
      services, equipment, etc.; reports to Congress

-STATUTE-
    (a) Access to records and documents
      The Commission shall examine into transactions entered into by
    any common carrier which relate to the furnishing of equipment,
    supplies, research, services, finances, credit, or personnel to
    such carrier and/or which may affect the charges made or to be made
    and/or the services rendered or to be rendered by such carrier, in
    wire or radio communication subject to this chapter, and shall
    report to the Congress whether any such transactions have affected
    or are likely to affect adversely the ability of the carrier to
    render adequate service to the public, or may result in any undue
    or unreasonable increase in charges or in the maintenance of undue
    or unreasonable charges for such service; and in order to fully
    examine into such transactions the Commission shall have access to
    and the right of inspection and examination of all accounts,
    records, and memoranda, including all documents, papers, and
    correspondence now or hereafter existing, of persons furnishing
    such equipment, supplies, research, services, finances, credit, or
    personnel. The Commission shall include in its report its
    recommendations for necessary legislation in connection with such
    transactions, and shall report specifically whether in its opinion
    legislation should be enacted (1) authorizing the Commission to
    declare any such transactions void or to permit such transactions
    to be carried out subject to such modification of their terms and
    conditions as the Commission shall deem desirable in the public
    interest; and/or (2) subjecting such transactions to the approval
    of the Commission where the person furnishing or seeking to furnish
    the equipment, supplies, research, services, finances, credit, or
    personnel is a person directly or indirectly controlling or
    controlled by, or under direct or indirect common control with,
    such carrier; and/or (3) authorizing the Commission to require that
    all or any transactions of carriers involving the furnishing of
    equipment, supplies, research, services, finances, credit, or
    personnel to such carrier be upon competitive bids on such terms
    and conditions and subject to such regulations as it shall
    prescribe as necessary in the public interest.
    (b) Wire telephone and telegraph services
      The Commission shall investigate the methods by which and the
    extent to which wire telephone companies are furnishing wire
    telegraph service and wire telegraph companies are furnishing wire
    telephone service, and shall report its findings to Congress,
    together with its recommendations as to whether additional
    legislation on this subject is desirable.
    (c) Exclusive dealing contracts
      The Commission shall examine all contracts of common carriers
    subject to this chapter which prevent the other party thereto from
    dealing with another common carrier subject to this chapter, and
    shall report its findings to Congress, together with its
    recommendations as to whether additional legislation on this
    subject is desirable.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 215, 48 Stat. 1076.)

-End-

-CITE-
    47 USC Sec. 216                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 216. Receivers and trustees; application of chapter

-STATUTE-
      The provisions of this chapter shall apply to all receivers and
    operating trustees of carriers subject to this chapter to the same
    extent that it applies to carriers.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 216, 48 Stat. 1077.)

-End-

-CITE-
    47 USC Sec. 217                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 217. Agents' acts and omissions; liability of carrier

-STATUTE-
      In construing and enforcing the provisions of this chapter, the
    act, omission, or failure of any officer, agent, or other person
    acting for or employed by any common carrier or user, acting within
    the scope of his employment, shall in every case be also deemed to
    be the act, omission, or failure of such carrier or user as well as
    that of the person.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 217, 48 Stat. 1077.)

-End-

-CITE-
    47 USC Sec. 218                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 218. Management of business; inquiries by Commission

-STATUTE-
      The Commission may inquire into the management of the business of
    all carriers subject to this chapter, and shall keep itself
    informed as to the manner and method in which the same is conducted
    and as to technical developments and improvements in wire and radio
    communication and radio transmission of energy to the end that the
    benefits of new inventions and developments may be made available
    to the people of the United States. The Commission may obtain from
    such carriers and from persons directly or indirectly controlling
    or controlled by, or under direct or indirect common control with,
    such carriers full and complete information necessary to enable the
    Commission to perform the duties and carry out the objects for
    which it was created.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 218, 48 Stat. 1077.)

-End-

-CITE-
    47 USC Sec. 219                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 219. Reports by carriers; contents and requirements generally

-STATUTE-
      (a) The Commission is authorized to require annual reports from
    all carriers subject to this chapter, and from persons directly or
    indirectly controlling or controlled by, or under direct or
    indirect common control with any such carrier, to prescribe the
    manner in which such reports shall be made, and to require from
    such persons specific answers to all questions upon which the
    Commission may need information. Except as otherwise required by
    the Commission, such annual reports shall show in detail the amount
    of capital stock issued, the amount and privileges of each class of
    stock, the amounts paid therefor, and the manner of payment for the
    same; the dividends paid and the surplus fund, if any; the number
    of stockholders (and the names of the thirty largest holders of
    each class of stock and the amount held by each); the funded and
    floating debts and the interest paid thereon; the cost and value of
    the carrier's property, franchises, and equipment; the number of
    employees and the salaries paid each class; the names of all
    officers and directors, and the amount of salary, bonus, and all
    other compensation paid to each; the amounts expended for
    improvements each year, how expended, and the character of such
    improvements; the earnings and receipts from each branch of
    business and from all sources; the operating and other expenses;
    the balances of profit and loss; and a complete exhibit of the
    financial operations of the carrier each year, including an annual
    balance sheet. Such reports shall also contain such information in
    relation to charges or regulations concerning charges, or
    agreements, arrangements, or contracts affecting the same, as the
    Commission may require.
      (b) Such reports shall be for such twelve months' period as the
    Commission shall designate and shall be filed with the Commission
    at its office in Washington within three months after the close of
    the year for which the report is made, unless additional time is
    granted in any case by the Commission; and if any person subject to
    the provisions of this section shall fail to make and file said
    annual reports within the time above specified, or within the time
    extended by the Commission, for making and filing the same, or
    shall fail to make specific answer to any question authorized by
    the provisions of this section within thirty days from the time it
    is lawfully required so to do, such person shall forfeit to the
    United States the sum of $1,200 for each and every day it shall
    continue to be in default with respect thereto. The Commission may
    by general or special orders require any such carriers to file
    monthly reports of earnings and expenses and to file periodical
    and/or special reports concerning any matters with respect to which
    the Commission is authorized or required by law to act. If any such
    carrier shall fail to make and file any such periodical or special
    report within the time fixed by the Commission, it shall be subject
    to the forfeitures above provided.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 219, 48 Stat. 1077; Aug. 2,
    1956, ch. 874, Sec. 2, 70 Stat. 931; Pub. L. 87-444, Secs. 1, 2,
    Apr. 27, 1962, 76 Stat. 63; Pub. L. 101-239, title III, Sec.
    3002(e), Dec. 19, 1989, 103 Stat. 2131.)

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (b). Pub. L. 101-239 substituted "$1,200" for
    "$100".
      1962 - Subsec. (a). Pub. L. 87-444, Sec. 1, struck out "under
    oath" after "require annual report".
      Subsec. (b). Pub. L. 87-444, Sec. 2, struck out provisions that
    the periodical or special reports be under oath whenever the
    Commission so required.
      1956 - Subsec. (a). Act Aug. 2, 1956, substituted "Except as
    otherwise required by the Commission, such" for "Such" at beginning
    of second sentence.

-End-

-CITE-
    47 USC Sec. 220                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 220. Accounts, records, and memoranda

-STATUTE-
    (a) Forms
      (1) The Commission may, in its discretion, prescribe the forms of
    any and all accounts, records, and memoranda to be kept by carriers
    subject to this chapter, including the accounts, records, and
    memoranda of the movement of traffic, as well as of the receipts
    and expenditures of moneys.
      (2) The Commission shall, by rule, prescribe a uniform system of
    accounts for use by telephone companies. Such uniform system shall
    require that each common carrier shall maintain a system of
    accounting methods, procedures, and techniques (including accounts
    and supporting records and memoranda) which shall ensure a proper
    allocation of all costs to and among telecommunications services,
    facilities, and products (and to and among classes of such
    services, facilities, and products) which are developed,
    manufactured, or offered by such common carrier.
    (b) Depreciation charges
      The Commission may prescribe, for such carriers as it determines
    to be appropriate, the classes of property for which depreciation
    charges may be properly included under operating expenses, and the
    percentages of depreciation which shall be charged with respect to
    each of such classes of property, classifying the carriers as it
    may deem proper for this purpose. The Commission may, when it deems
    necessary, modify the classes and percentages so prescribed. Such
    carriers shall not, after the Commission has prescribed the classes
    of property for which depreciation charges may be included, charge
    to operating expenses any depreciation charges on classes of
    property other than those prescribed by the Commission, or after
    the Commission has prescribed percentages of depreciation, charge
    with respect to any class of property a percentage of depreciation
    other than that prescribed therefor by the Commission. No such
    carrier shall in any case include in any form under its operating
    or other expenses any depreciation or other charge or expenditure
    included elsewhere as a depreciation charge or otherwise under its
    operating or other expenses.
    (c) Access to information; burden of proof; use of independent
      auditors
      The Commission shall at all times have access to and the right of
    inspection and examination of all accounts, records, and memoranda,
    including all documents, papers, and correspondence now or
    hereafter existing, and kept or required to be kept by such
    carriers, and the provisions of this section respecting the
    preservation and destruction of books, papers, and documents shall
    apply thereto. The burden of proof to justify every accounting
    entry questioned by the Commission shall be on the person making,
    authorizing, or requiring such entry and the Commission may suspend
    a charge or credit pending submission of proof by such person. Any
    provision of law prohibiting the disclosure of the contents of
    messages or communications shall not be deemed to prohibit the
    disclosure of any matter in accordance with the provisions of this
    section. The Commission may obtain the services of any person
    licensed to provide public accounting services under the law of any
    State to assist with, or conduct, audits under this section. While
    so employed or engaged in conducting an audit for the Commission
    under this section, any such person shall have the powers granted
    the Commission under this subsection and shall be subject to
    subsection (f) of this section in the same manner as if that person
    were an employee of the Commission.
    (d) Penalty for failure to comply
      In case of failure or refusal on the part of any such carrier to
    keep such accounts, records, and memoranda on the books and in the
    manner prescribed by the Commission, or to submit such accounts,
    records, memoranda, documents, papers, and correspondence as are
    kept to the inspection of the Commission or any of its authorized
    agents, such carrier shall forfeit to the United States the sum of
    $6,000 for each day of the continuance of each such offense.
    (e) False entry; destruction; penalty
      Any person who shall willfully make any false entry in the
    accounts of any book of accounts or in any record or memoranda kept
    by any such carrier, or who shall willfully destroy, mutilate,
    alter, or by any other means or device falsify any such account,
    record, or memoranda, or who shall willfully neglect or fail to
    make full, true, and correct entries in such accounts, records, or
    memoranda of all facts and transactions appertaining to the
    business of the carrier, shall be deemed guilty of a misdemeanor,
    and shall be subject, upon conviction, to a fine of not less than
    $1,000 nor more than $5,000 or imprisonment for a term of not less
    than one year nor more than three years, or both such fine and
    imprisonment: Provided, That the Commission may in its discretion
    issue orders specifying such operating, accounting, or financial
    papers, records, books, blanks, or documents which may, after a
    reasonable time, be destroyed, and prescribing the length of time
    such books, papers, or documents shall be preserved.
    (f) Confidentiality of information
      No member, officer, or employee of the Commission shall divulge
    any fact or information which may come to his knowledge during the
    course of examination of books or other accounts, as hereinbefore
    provided, except insofar as he may be directed by the Commission or
    by a court.
    (g) Use of other forms; alterations in prescribed forms
      After the Commission has prescribed the forms and manner of
    keeping of accounts, records, and memoranda to be kept by any
    person as herein provided, it shall be unlawful for such person to
    keep any other accounts, records, or memoranda than those so
    prescribed or such as may be approved by the Commission or to keep
    the accounts in any other manner than that prescribed or approved
    by the Commission. Notice of alterations by the Commission in the
    required manner or form of keeping accounts shall be given to such
    persons by the Commission at least six months before the same are
    to take effect.
    (h) Exemption; regulation by State commission
      The Commission may classify carriers subject to this chapter and
    prescribe different requirements under this section for different
    classes of carriers, and may, if it deems such action consistent
    with the public interest, except the carriers of any particular
    class or classes in any State from any of the requirements under
    this section in cases where such carriers are subject to State
    commission regulation with respect to matters to which this section
    relates.
    (i) Consultation with State commissions
      The Commission, before prescribing any requirements as to
    accounts, records, or memoranda, shall notify each State commission
    having jurisdiction with respect to any carrier involved, and shall
    give reasonable opportunity to each such commission to present its
    views, and shall receive and consider such views and
    recommendations.
    (j) Report to Congress on need for further legislation
      The Commission shall investigate and report to Congress as to the
    need for legislation to define further or harmonize the powers of
    the Commission and of State commissions with respect to matters to
    which this section relates.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 220, 48 Stat. 1078; Pub. L.
    101-239, title III, Sec. 3002(f), Dec. 19, 1989, 103 Stat. 2131;
    Pub. L. 103-414, title III, Secs. 303(a)(7), (8), 304(a)(5), Oct.
    25, 1994, 108 Stat. 4294, 4296; Pub. L. 104-104, title IV, Sec.
    403(d), (e), Feb. 8, 1996, 110 Stat. 130.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-104, Sec. 403(d), substituted
    "may prescribe, for such carriers as it determines to be
    appropriate," for "shall prescribe for such carriers".
      Subsec. (c). Pub. L. 104-104, Sec. 403(e), inserted at end "The
    Commission may obtain the services of any person licensed to
    provide public accounting services under the law of any State to
    assist with, or conduct, audits under this section. While so
    employed or engaged in conducting an audit for the Commission under
    this section, any such person shall have the powers granted the
    Commission under this subsection and shall be subject to subsection
    (f) of this section in the same manner as if that person were an
    employee of the Commission."
      1994 - Subsec. (a). Pub. L. 103-414, Sec. 303(a)(7), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (b). Pub. L. 103-414, Sec. 304(a)(5), struck out ", as
    soon as practicable," after "The Commission shall".
      Pub. L. 103-414, Sec. 303(a)(8), substituted "classes" for
    "clasess" after "prescribed the" in third sentence.
      1989 - Subsec. (d). Pub. L. 101-239 substituted "$6,000" for
    "$500".

-End-

-CITE-
    47 USC Sec. 221                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 221. Consolidations and mergers of telephone companies

-STATUTE-
    (a) Repealed. Pub. L. 104-104, title VI, Sec. 601(b)(2), Feb. 8,
      1996, 110 Stat. 143
    (b) State jurisdiction over services
      Subject to the provisions of sections 225 and 301 of this title,
    nothing in this chapter shall be construed to apply, or to give the
    Commission jurisdiction, with respect to charges, classifications,
    practices, services, facilities, or regulations for or in
    connection with wire, mobile, or point-to-point radio telephone
    exchange service, or any combination thereof, even though a portion
    of such exchange service constitutes interstate or foreign
    communication, in any case where such matters are subject to
    regulation by a State commission or by local governmental
    authority.
    (c) Determination of property used in interstate toll service
      For the purpose of administering this chapter as to carriers
    engaged in wire telephone communication, the Commission may
    classify the property of any such carrier used for wire telephone
    communication, and determine what property of said carrier shall be
    considered as used in interstate or foreign telephone toll service.
    Such classification shall be made after hearing, upon notice to the
    carrier, the State commission (or the Governor, if the State has no
    State commission) of any State in which the property of said
    carrier is located, and such other persons as the Commission may
    prescribe.
    (d) Valuation of property
      In making a valuation of the property of any wire telephone
    carrier the Commission, after making the classification authorized
    in this section, may in its discretion value only that part of the
    property of such carrier determined to be used in interstate or
    foreign telephone toll service.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 221, 48 Stat. 1080; Apr.
    27, 1954, ch. 175, Sec. 4, 68 Stat. 64; Aug. 2, 1956, ch. 874, Sec.
    3, 70 Stat. 932; Pub. L. 101-336, title IV, Sec. 401(b)(2), July
    26, 1990, 104 Stat. 369; Pub. L. 104-104, title VI, Sec. 601(b)(2),
    Feb. 8, 1996, 110 Stat. 143.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-104 struck out subsec. (a)
    relating to notification of State Governor and State commission,
    public hearing, and certification.
      1990 - Subsec. (b). Pub. L. 101-336 substituted "sections 225 and
    301" for "section 301".
      1956 - Subsec. (a). Act Aug. 2, 1956, inserted provisions
    relating to submission of comments by parties and required a public
    hearing upon request, in lieu of former provisions requiring
    hearing upon application.
      1954 - Subsec. (b). Act Apr. 27, 1954, included mobile or point-
    to-point radio telephone exchange service within exclusions
    provided for in such subsection, where it is subject to regulation
    by a State commission or by local governmental authority, and made
    it clear that the Commission retains its licensing authority over
    the radio stations that might be involved in such service.

-End-

-CITE-
    47 USC Sec. 222                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 222. Privacy of customer information

-STATUTE-
    (a) In general
      Every telecommunications carrier has a duty to protect the
    confidentiality of proprietary information of, and relating to,
    other telecommunication carriers, equipment manufacturers, and
    customers, including telecommunication carriers reselling
    telecommunications services provided by a telecommunications
    carrier.
    (b) Confidentiality of carrier information
      A telecommunications carrier that receives or obtains proprietary
    information from another carrier for purposes of providing any
    telecommunications service shall use such information only for such
    purpose, and shall not use such information for its own marketing
    efforts.
    (c) Confidentiality of customer proprietary network information
      (1) Privacy requirements for telecommunications carriers
        Except as required by law or with the approval of the customer,
      a telecommunications carrier that receives or obtains customer
      proprietary network information by virtue of its provision of a
      telecommunications service shall only use, disclose, or permit
      access to individually identifiable customer proprietary network
      information in its provision of (A) the telecommunications
      service from which such information is derived, or (B) services
      necessary to, or used in, the provision of such
      telecommunications service, including the publishing of
      directories.
      (2) Disclosure on request by customers
        A telecommunications carrier shall disclose customer
      proprietary network information, upon affirmative written request
      by the customer, to any person designated by the customer.
      (3) Aggregate customer information
        A telecommunications carrier that receives or obtains customer
      proprietary network information by virtue of its provision of a
      telecommunications service may use, disclose, or permit access to
      aggregate customer information other than for the purposes
      described in paragraph (1). A local exchange carrier may use,
      disclose, or permit access to aggregate customer information
      other than for purposes described in paragraph (1) only if it
      provides such aggregate information to other carriers or persons
      on reasonable and nondiscriminatory terms and conditions upon
      reasonable request therefor.
    (d) Exceptions
      Nothing in this section prohibits a telecommunications carrier
    from using, disclosing, or permitting access to customer
    proprietary network information obtained from its customers, either
    directly or indirectly through its agents - 
        (1) to initiate, render, bill, and collect for
      telecommunications services;
        (2) to protect the rights or property of the carrier, or to
      protect users of those services and other carriers from
      fraudulent, abusive, or unlawful use of, or subscription to, such
      services;
        (3) to provide any inbound telemarketing, referral, or
      administrative services to the customer for the duration of the
      call, if such call was initiated by the customer and the customer
      approves of the use of such information to provide such service;
      and
        (4) to provide call location information concerning the user of
      a commercial mobile service (as such term is defined in section
      332(d) of this title) - 
          (A) to a public safety answering point, emergency medical
        service provider or emergency dispatch provider, public safety,
        fire service, or law enforcement official, or hospital
        emergency or trauma care facility, in order to respond to the
        user's call for emergency services;
          (B) to inform the user's legal guardian or members of the
        user's immediate family of the user's location in an emergency
        situation that involves the risk of death or serious physical
        harm; or
          (C) to providers of information or database management
        services solely for purposes of assisting in the delivery of
        emergency services in response to an emergency.
    (e) Subscriber list information
      Notwithstanding subsections (b), (c), and (d) of this section, a
    telecommunications carrier that provides telephone exchange service
    shall provide subscriber list information gathered in its capacity
    as a provider of such service on a timely and unbundled basis,
    under nondiscriminatory and reasonable rates, terms, and
    conditions, to any person upon request for the purpose of
    publishing directories in any format.
    (f) Authority to use wireless location information
      For purposes of subsection (c)(1) of this section, without the
    express prior authorization of the customer, a customer shall not
    be considered to have approved the use or disclosure of or access
    to - 
        (1) call location information concerning the user of a
      commercial mobile service (as such term is defined in section
      332(d) of this title), other than in accordance with subsection
      (d)(4) of this section; or
        (2) automatic crash notification information to any person
      other than for use in the operation of an automatic crash
      notification system.
    (g) Subscriber listed and unlisted information for emergency
      services
      Notwithstanding subsections (b), (c), and (d) of this section, a
    telecommunications carrier that provides telephone exchange service
    shall provide information described in subsection (i)(3)(A) (!1) of
    this section (including information pertaining to subscribers whose
    information is unlisted or unpublished) that is in its possession
    or control (including information pertaining to subscribers of
    other carriers) on a timely and unbundled basis, under
    nondiscriminatory and reasonable rates, terms, and conditions to
    providers of emergency services, and providers of emergency support
    services, solely for purposes of delivering or assisting in the
    delivery of emergency services.

    (h) Definitions
      As used in this section:
      (1) Customer proprietary network information
        The term "customer proprietary network information" means - 
          (A) information that relates to the quantity, technical
        configuration, type, destination, location, and amount of use
        of a telecommunications service subscribed to by any customer
        of a telecommunications carrier, and that is made available to
        the carrier by the customer solely by virtue of the carrier-
        customer relationship; and
          (B) information contained in the bills pertaining to
        telephone exchange service or telephone toll service received
        by a customer of a carrier;

      except that such term does not include subscriber list
      information.
      (2) Aggregate information
        The term "aggregate customer information" means collective data
      that relates to a group or category of services or customers,
      from which individual customer identities and characteristics
      have been removed.
      (3) Subscriber list information
        The term "subscriber list information" means any information - 
          (A) identifying the listed names of subscribers of a carrier
        and such subscribers' telephone numbers, addresses, or primary
        advertising classifications (as such classifications are
        assigned at the time of the establishment of such service), or
        any combination of such listed names, numbers, addresses, or
        classifications; and
          (B) that the carrier or an affiliate has published, caused to
        be published, or accepted for publication in any directory
        format.
      (4) Public safety answering point
        The term "public safety answering point" means a facility that
      has been designated to receive emergency calls and route them to
      emergency service personnel.
      (5) Emergency services
        The term "emergency services" means 9-1-1 emergency services
      and emergency notification services.
      (6) Emergency notification services
        The term "emergency notification services" means services that
      notify the public of an emergency.
      (7) Emergency support services
        The term "emergency support services" means information or data
      base management services used in support of emergency services.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 222, as added Pub. L. 104-
    104, title VII, Sec. 702, Feb. 8, 1996, 110 Stat. 148; amended
    Pub. L. 106-81, Sec. 5, Oct. 26, 1999, 113 Stat. 1288.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 222, act June 19, 1934, ch. 652, title II, Sec.
    222, as added Mar. 6, 1943, ch. 10, Sec. 1, 57 Stat. 5; amended
    July 12, 1960, Pub. L. 86-624, Sec. 36, 74 Stat. 421; Nov. 30,
    1974, Pub. L. 93-506, Sec. 2, 88 Stat. 1577; Dec. 24, 1980, Pub. L.
    96-590, 94 Stat. 3414; Dec. 29, 1981, Pub. L. 97-130, Sec. 2, 95
    Stat. 1687, related to competition among record carriers, prior to
    repeal by Pub. L. 103-414, title III, Sec. 304(a)(6), Oct. 25,
    1994, 108 Stat. 4297.

                                AMENDMENTS                            
      1999 - Subsec. (d)(4). Pub. L. 106-81, Sec. 5(1), added par. (4).
      Subsecs. (f), (g). Pub. L. 106-81, Sec. 5(2), added subsecs. (f)
    and (g). Former subsec. (f) redesignated (h).
      Subsec. (h). Pub. L. 106-81, Sec. 5(2)-(4), redesignated subsec.
    (f) as (h), inserted "location," after "destination," in par.
    (1)(A), and added pars. (4) to (7).

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(h)(3)(A)".

-End-

-CITE-
    47 USC Sec. 223                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 223. Obscene or harassing telephone calls in the District of
      Columbia or in interstate or foreign communications

-STATUTE-
    (a) Prohibited acts generally
      Whoever - 
        (1) in interstate or foreign communications - 
          (A) by means of a telecommunications device knowingly - 
            (i) makes, creates, or solicits, and
            (ii) initiates the transmission of,

        any comment, request, suggestion, proposal, image, or other
        communication which is obscene or child pornography, with
        intent to annoy, abuse, threaten, or harass another person;
          (B) by means of a telecommunications device knowingly - 
            (i) makes, creates, or solicits, and
            (ii) initiates the transmission of,

        any comment, request, suggestion, proposal, image, or other
        communication which is obscene or child pornography, knowing
        that the recipient of the communication is under 18 years of
        age, regardless of whether the maker of such communication
        placed the call or initiated the communication;
          (C) makes a telephone call or utilizes a telecommunications
        device, whether or not conversation or communication ensues,
        without disclosing his identity and with intent to annoy,
        abuse, threaten, or harass any person at the called number or
        who receives the communications;
          (D) makes or causes the telephone of another repeatedly or
        continuously to ring, with intent to harass any person at the
        called number; or
          (E) makes repeated telephone calls or repeatedly initiates
        communication with a telecommunications device, during which
        conversation or communication ensues, solely to harass any
        person at the called number or who receives the communication;
        or

        (2) knowingly permits any telecommunications facility under his
      control to be used for any activity prohibited by paragraph (1)
      with the intent that it be used for such activity,

    shall be fined under title 18 or imprisoned not more than two
    years, or both.
    (b) Prohibited acts for commercial purposes; defense to prosecution
      (1) Whoever knowingly - 
        (A) within the United States, by means of telephone, makes
      (directly or by recording device) any obscene communication for
      commercial purposes to any person, regardless of whether the
      maker of such communication placed the call; or
        (B) permits any telephone facility under such person's control
      to be used for an activity prohibited by subparagraph (A),

    shall be fined in accordance with title 18 or imprisoned not more
    than two years, or both.
      (2) Whoever knowingly - 
        (A) within the United States, by means of telephone, makes
      (directly or by recording device) any indecent communication for
      commercial purposes which is available to any person under 18
      years of age or to any other person without that person's
      consent, regardless of whether the maker of such communication
      placed the call; or
        (B) permits any telephone facility under such person's control
      to be used for an activity prohibited by subparagraph (A), shall
      be fined not more than $50,000 or imprisoned not more than six
      months, or both.

      (3) It is a defense to prosecution under paragraph (2) of this
    subsection that the defendant restricted access to the prohibited
    communication to persons 18 years of age or older in accordance
    with subsection (c) of this section and with such procedures as the
    Commission may prescribe by regulation.
      (4) In addition to the penalties under paragraph (1), whoever,
    within the United States, intentionally violates paragraph (1) or
    (2) shall be subject to a fine of not more than $50,000 for each
    violation. For purposes of this paragraph, each day of violation
    shall constitute a separate violation.
      (5)(A) In addition to the penalties under paragraphs (1), (2),
    and (5), whoever, within the United States, violates paragraph (1)
    or (2) shall be subject to a civil fine of not more than $50,000
    for each violation. For purposes of this paragraph, each day of
    violation shall constitute a separate violation.
      (B) A fine under this paragraph may be assessed either - 
        (i) by a court, pursuant to civil action by the Commission or
      any attorney employed by the Commission who is designated by the
      Commission for such purposes, or
        (ii) by the Commission after appropriate administrative
      proceedings.

      (6) The Attorney General may bring a suit in the appropriate
    district court of the United States to enjoin any act or practice
    which violates paragraph (1) or (2). An injunction may be granted
    in accordance with the Federal Rules of Civil Procedure.
    (c) Restriction on access to subscribers by common carriers;
      judicial remedies respecting restrictions
      (1) A common carrier within the District of Columbia or within
    any State, or in interstate or foreign commerce, shall not, to the
    extent technically feasible, provide access to a communication
    specified in subsection (b) of this section from the telephone of
    any subscriber who has not previously requested in writing the
    carrier to provide access to such communication if the carrier
    collects from subscribers an identifiable charge for such
    communication that the carrier remits, in whole or in part, to the
    provider of such communication.
      (2) Except as provided in paragraph (3), no cause of action may
    be brought in any court or administrative agency against any common
    carrier, or any of its affiliates, including their officers,
    directors, employees, agents, or authorized representatives on
    account of - 
        (A) any action which the carrier demonstrates was taken in good
      faith to restrict access pursuant to paragraph (1) of this
      subsection; or
        (B) any access permitted - 
          (i) in good faith reliance upon the lack of any
        representation by a provider of communications that
        communications provided by that provider are communications
        specified in subsection (b) of this section, or
          (ii) because a specific representation by the provider did
        not allow the carrier, acting in good faith, a sufficient
        period to restrict access to restrict access to communications
        described in subsection (b) of this section.

      (3) Notwithstanding paragraph (2) of this subsection, a provider
    of communications services to which subscribers are denied access
    pursuant to paragraph (1) of this subsection may bring an action
    for a declaratory judgment or similar action in a court. Any such
    action shall be limited to the question of whether the
    communications which the provider seeks to provide fall within the
    category of communications to which the carrier will provide access
    only to subscribers who have previously requested such access.
    (d) Sending or displaying offensive material to persons under 18
      Whoever - 
        (1) in interstate or foreign communications knowingly - 
          (A) uses an interactive computer service to send to a
        specific person or persons under 18 years of age, or
          (B) uses any interactive computer service to display in a
        manner available to a person under 18 years of age,

      any comment, request, suggestion, proposal, image, or other
      communication that is obscene or child pornography, regardless of
      whether the user of such service placed the call or initiated the
      communication; or
        (2) knowingly permits any telecommunications facility under
      such person's control to be used for an activity prohibited by
      paragraph (1) with the intent that it be used for such activity,

    shall be fined under title 18 or imprisoned not more than two
    years, or both.
    (e) Defenses
      In addition to any other defenses available by law:
        (1) No person shall be held to have violated subsection (a) or
      (d) of this section solely for providing access or connection to
      or from a facility, system, or network not under that person's
      control, including transmission, downloading, intermediate
      storage, access software, or other related capabilities that are
      incidental to providing such access or connection that does not
      include the creation of the content of the communication.
        (2) The defenses provided by paragraph (1) of this subsection
      shall not be applicable to a person who is a conspirator with an
      entity actively involved in the creation or knowing distribution
      of communications that violate this section, or who knowingly
      advertises the availability of such communications.
        (3) The defenses provided in paragraph (1) of this subsection
      shall not be applicable to a person who provides access or
      connection to a facility, system, or network engaged in the
      violation of this section that is owned or controlled by such
      person.
        (4) No employer shall be held liable under this section for the
      actions of an employee or agent unless the employee's or agent's
      conduct is within the scope of his or her employment or agency
      and the employer (A) having knowledge of such conduct, authorizes
      or ratifies such conduct, or (B) recklessly disregards such
      conduct.
        (5) It is a defense to a prosecution under subsection (a)(1)(B)
      or (d) of this section, or under subsection (a)(2) of this
      section with respect to the use of a facility for an activity
      under subsection (a)(1)(B) of this section that a person - 
          (A) has taken, in good faith, reasonable, effective, and
        appropriate actions under the circumstances to restrict or
        prevent access by minors to a communication specified in such
        subsections, which may involve any appropriate measures to
        restrict minors from such communications, including any method
        which is feasible under available technology; or
          (B) has restricted access to such communication by requiring
        use of a verified credit card, debit account, adult access
        code, or adult personal identification number.

        (6) The Commission may describe measures which are reasonable,
      effective, and appropriate to restrict access to prohibited
      communications under subsection (d) of this section. Nothing in
      this section authorizes the Commission to enforce, or is intended
      to provide the Commission with the authority to approve,
      sanction, or permit, the use of such measures. The Commission
      shall have no enforcement authority over the failure to utilize
      such measures. The Commission shall not endorse specific products
      relating to such measures. The use of such measures shall be
      admitted as evidence of good faith efforts for purposes of
      paragraph (5) in any action arising under subsection (d) of this
      section. Nothing in this section shall be construed to treat
      interactive computer services as common carriers or
      telecommunications carriers.
    (f) Violations of law required; commercial entities, nonprofit
      libraries, or institutions of higher education
      (1) No cause of action may be brought in any court or
    administrative agency against any person on account of any activity
    that is not in violation of any law punishable by criminal or civil
    penalty, and that the person has taken in good faith to implement a
    defense authorized under this section or otherwise to restrict or
    prevent the transmission of, or access to, a communication
    specified in this section.
      (2) No State or local government may impose any liability for
    commercial activities or actions by commercial entities, nonprofit
    libraries, or institutions of higher education in connection with
    an activity or action described in subsection (a)(2) or (d) of this
    section that is inconsistent with the treatment of those activities
    or actions under this section: Provided, however, That nothing
    herein shall preclude any State or local government from enacting
    and enforcing complementary oversight, liability, and regulatory
    systems, procedures, and requirements, so long as such systems,
    procedures, and requirements govern only intrastate services and do
    not result in the imposition of inconsistent rights, duties or
    obligations on the provision of interstate services. Nothing in
    this subsection shall preclude any State or local government from
    governing conduct not covered by this section.
    (g) Application and enforcement of other Federal law
      Nothing in subsection (a), (d), (e), or (f) of this section or in
    the defenses to prosecution under subsection (a) or (d) of this
    section shall be construed to affect or limit the application or
    enforcement of any other Federal law.
    (h) Definitions
      For purposes of this section - 
        (1) The use of the term "telecommunications device" in this
      section - 
          (A) shall not impose new obligations on broadcasting station
        licensees and cable operators covered by obscenity and
        indecency provisions elsewhere in this chapter;
          (B) does not include an interactive computer service; and
          (C) in the case of subparagraph (C) of subsection (a)(1) of
        this section, includes any device or software that can be used
        to originate telecommunications or other types of
        communications that are transmitted, in whole or in part, by
        the Internet (as such term is defined in section 1104 (!1) of
        the Internet Tax Freedom Act (47 U.S.C. 151 note)).

        (2) The term "interactive computer service" has the meaning
      provided in section 230(f)(2) of this title.
        (3) The term "access software" means software (including client
      or server software) or enabling tools that do not create or
      provide the content of the communication but that allow a user to
      do any one or more of the following:
          (A) filter, screen, allow, or disallow content;
          (B) pick, choose, analyze, or digest content; or
          (C) transmit, receive, display, forward, cache, search,
        subset, organize, reorganize, or translate content.

        (4) The term "institution of higher education" has the meaning
      provided in section 1001 of title 20.
        (5) The term "library" means a library eligible for
      participation in State-based plans for funds under title III of
      the Library Services and Construction Act (20 U.S.C. 355e et
      seq.).

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 223, as added Pub. L. 90-
    299, Sec. 1, May 3, 1968, 82 Stat. 112; amended Pub. L. 98-214,
    Sec. 8(a), (b), Dec. 8, 1983, 97 Stat. 1469, 1470; Pub. L. 100-297,
    title VI, Sec. 6101, Apr. 28, 1988, 102 Stat. 424; Pub. L. 100-690,
    title VII, Sec. 7524, Nov. 18, 1988, 102 Stat. 4502; Pub. L. 101-
    166, title V, Sec. 521(1), Nov. 21, 1989, 103 Stat. 1192; Pub. L.
    103-414, title III, Sec. 303(a)(9), Oct. 25, 1994, 108 Stat. 4294;
    Pub. L. 104-104, title V, Sec. 502, Feb. 8, 1996, 110 Stat. 133;
    Pub. L. 105-244, title I, Sec. 102(a)(14), Oct. 7, 1998, 112 Stat.
    1621; Pub. L. 105-277, div. C, title XIV, Sec. 1404(b), Oct. 21,
    1998, 112 Stat. 2681-739; Pub. L. 108-21, title VI, Sec. 603, Apr.
    30, 2003, 117 Stat. 687; Pub. L. 109-162, title I, Sec. 113(a),
    Jan. 5, 2006, 119 Stat. 2987.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (b)(6), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
      Section 1104 of the Internet Tax Freedom Act, referred to in
    subsec. (h)(1)(C), is section 1104 of title XI of div. C of Pub. L.
    105-277, which is set out in a note under section 151 of this
    title. The term "Internet" is defined in section 1105 of Pub. L.
    105-277, which is set out in the same note under section 151 of
    this title.
      The Library Services and Construction Act, referred to in subsec.
    (h)(5), is act June 19, 1956, ch. 407, 70 Stat. 293, as amended.
    Title III of the Act was classified generally to subchapter III
    (Sec. 355e et seq.) of chapter 16 of Title 20, Education, and was
    repealed by Pub. L. 104-208, div. A, title I, Sec. 101(e) [title
    VII, Sec. 708(a)], Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (h)(1)(C). Pub. L. 109-162 added subpar. (C).
      2003 - Subsec. (a)(1)(A). Pub. L. 108-21, Sec. 603(1)(A),
    substituted "or child pornography" for ", lewd, lascivious, filthy,
    or indecent" in concluding provisions.
      Subsec. (a)(1)(B). Pub. L. 108-21, Sec. 603(1)(B), substituted
    "child pornography" for "indecent" in concluding provisions.
      Subsec. (d)(1). Pub. L. 108-21, Sec. 603(2), substituted "is
    obscene or child pornography" for ", in context, depicts or
    describes, in terms patently offensive as measured by contemporary
    community standards, sexual or excretory activities or organs" in
    concluding provisions.
      1998 - Subsec. (h)(2). Pub. L. 105-277 substituted "230(f)(2)"
    for "230(e)(2)".
      Subsec. (h)(4). Pub. L. 105-244, which directed amendment of
    section 223(h)(4) of the Telecommunications Act of 1934 (47 U.S.C.
    223(h)(4)) by substituting "section 1001" for "section 1141", was
    executed to this section, which is section 223 of the
    Communications Act of 1934, to reflect the probable intent of
    Congress.
      1996 - Subsec. (a). Pub. L. 104-104, Sec. 502(1), added subsec.
    (a) and struck out former subsec. (a) which read as follows:
    "Whoever - 
        "(1) in the District of Columbia or in interstate or foreign
      communication by means of telephone - 
          "(A) makes any comment, request, suggestion or proposal which
        is obscene, lewd, lascivious, filthy, or indecent;
          "(B) makes a telephone call, whether or not conversation
        ensues, without disclosing his identity and with intent to
        annoy, abuse, threaten, or harass any person at the called
        number;
          "(C) makes or causes the telephone of another repeatedly or
        continuously to ring, with intent to harass any person at the
        called number; or
          "(D) makes repeated telephone calls, during which
        conversation ensues, solely to harass any person at the called
        number; or
        "(2) knowingly permits any telephone facility under his control
      to be used for any purpose prohibited by this section,
    shall be fined not more than $50,000 or imprisoned not more than
    six months, or both."
      Subsecs. (d) to (h). Pub. L. 104-104, Sec. 502(2), added subsecs.
    (d) to (h).
      1994 - Subsec. (b)(3). Pub. L. 103-414 substituted "defendant
    restricted access" for "defendant restrict access".
      1989 - Subsecs. (b), (c). Pub. L. 101-166 added subsecs. (b) and
    (c) and struck out former subsec. (b) which read as follows:
      "(1) Whoever knowingly - 
        "(A) in the District of Columbia or in interstate or foreign
      communication, by means of telephone, makes (directly or by
      recording device) any obscene communication for commercial
      purposes to any person, regardless of whether the maker of such
      communication placed the call; or
        "(B) permits any telephone facility under such person's control
      to be used for an activity prohibited by clause (i);
    shall be fined in accordance with title 18 or imprisoned not more
    than two years, or both.
      "(2) Whoever knowingly - 
        "(A) in the District of Columbia or in interstate or foreign
      communication, by means of telephone, makes (directly or by
      recording device) any indecent communication for commercial
      purposes to any person, regardless of whether the maker of such
      communication placed the call; or
        "(B) permits any telephone facility under such person's control
      to be used for an activity prohibited by clause (i),
    shall be fined not more than $50,000 or imprisoned not more than
    six months, or both."
      1988 - Subsec. (b). Pub. L. 100-690 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
      "(1) Whoever knowingly - 
        "(A) in the District of Columbia or in interstate or foreign
      communication, by means of telephone, makes (directly or by
      recording device) any obscene or indecent communication for
      commercial purposes to any person, regardless of whether the
      maker of such communication placed the call; or
        "(B) permits any telephone facility under such person's control
      to be used for an activity prohibited by subparagraph (A),
    shall be fined not more than $50,000 or imprisoned not more than
    six months, or both.
      "(2) In addition to the penalties under paragraph (1), whoever,
    in the District of Columbia or in interstate or foreign
    communication, intentionally violates paragraph (1)(A) or (1)(B)
    shall be subject to a fine of not more than $50,000 for each
    violation. For purposes of this paragraph, each day of violation
    shall constitute a separate violation.
      "(3)(A) In addition to the penalties under paragraphs (1) and
    (2), whoever, in the District of Columbia or in interstate or
    foreign communication, violates paragraph (1)(A) or (1)(B) shall be
    subject to a civil fine of not more than $50,000 for each
    violation. For purposes of this paragraph, each day of violation
    shall constitute a separate violation.
      "(B) A fine under this paragraph may be assessed either - 
        "(i) by a court, pursuant to a civil action by the Commission
      or any attorney employed by the Commission who is designated by
      the Commission for such purposes, or
        "(ii) by the Commission after appropriate administrative
      proceedings.
      "(4) The Attorney General may bring a suit in the appropriate
    district court of the United States to enjoin any act or practice
    which violates paragraph (1)(A) or (1)(B). An injunction may be
    granted in accordance with the Federal Rules of Civil Procedure."
      Pub. L. 100-297, in par. (1)(A), struck out "under eighteen years
    of age or to any other person without that person's consent" after
    "to any person", redesignated par. (3) as (2) and struck out former
    par. (2) which read as follows: "It is a defense to a prosecution
    under this subsection that the defendant restricted access to the
    prohibited communication to persons eighteen years of age or older
    in accordance with procedures which the Commission shall prescribe
    by regulation.", redesignated par. (4) as (3) and substituted
    "under paragraphs (1) and (2)" for "under paragraphs (1) and (3)",
    and redesignated par. (5) as (4).
      1983 - Subsec. (a). Pub. L. 98-214, Sec. 8(a)(1), (2), designated
    existing provisions as subsec. (a) and substituted "$50,000" for
    "$500" in provisions after par. (2).
      Subsec. (a)(2). Pub. L. 98-214, Sec. 8(b), inserted "facility"
    after "telephone".
      Subsec. (b). Pub. L. 98-214, Sec. 8(a)(3), added subsec. (b).

                     EFFECTIVE DATE OF 1998 AMENDMENTS                 
      Pub. L. 105-277, div. C, title XIV, Sec. 1406, Oct. 21, 1998, 112
    Stat. 2681-741, provided that: "This title [enacting section 231 of
    this title, amending this section and section 230 of this title,
    and enacting provisions set out as notes under sections 231 and 609
    of this title] and the amendments made by this title shall take
    effect 30 days after the date of enactment of this Act [Oct. 21,
    1998]."
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-166 effective 120 days after Nov. 21,
    1989, see section 521(3) of Pub. L. 101-166, set out as a note
    under section 152 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-297 effective July 1, 1988, see section
    6303 of Pub. L. 100-297, set out as a note under section 1071 of
    Title 20, Education.

                      CONSTRUCTION OF 2006 AMENDMENT                  
      Pub. L. 109-162, title I, Sec. 113(b), Jan. 5, 2006, 119 Stat.
    2987, provided that: "This section [amending this section] and the
    amendment made by this section may not be construed to affect the
    meaning given the term 'telecommunications device' in section
    223(h)(1) of the Communications Act of 1934 [47 U.S.C. 223(h)(1)],
    as in effect before the date of the enactment of this section [Jan.
    5, 2006]."

                             EXPEDITED REVIEW                         
      Section 561 of title V of Pub. L. 104-104 provided that:
      "(a) Three-Judge District Court Hearing. - Notwithstanding any
    other provision of law, any civil action challenging the
    constitutionality, on its face, of this title [see Short Title of
    1996 Amendment note set out under section 609 of this title] or any
    amendment made by this title, or any provision thereof, shall be
    heard by a district court of 3 judges convened pursuant to the
    provisions of section 2284 of title 28, United States Code.
      "(b) Appellate Review. - Notwithstanding any other provision of
    law, an interlocutory or final judgment, decree, or order of the
    court of 3 judges in an action under subsection (a) holding this
    title or an amendment made by this title, or any provision thereof,
    unconstitutional shall be reviewable as a matter of right by direct
    appeal to the Supreme Court. Any such appeal shall be filed not
    more than 20 days after entry of such judgment, decree, or order."

    REGULATIONS; DISPOSITION OF COMPLAINTS PENDING ON DECEMBER 8, 1983
      Section 8(c), (d) of Pub. L. 98-214 provided that:
      "(c) The Federal Communications Commission shall issue
    regulations pursuant to section 223(b)(2) of the Communications Act
    of 1934 (as added by subsection (a) of this section) [subsec.
    (b)(2) of this section] not later than one hundred and eighty days
    after the date of the enactment of this Act [Dec. 8, 1983].
      "(d) The Commission shall act on all complaints alleging
    violation of section 223 of the Communications Act of 1934 [this
    section] which are pending on the date of the enactment of this Act
    [Dec. 8, 1983] within ninety days of such date of enactment."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    47 USC Sec. 224                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 224. Pole attachments

-STATUTE-
    (a) Definitions
      As used in this section:
      (1) The term "utility" means any person who is a local exchange
    carrier or an electric, gas, water, steam, or other public utility,
    and who owns or controls poles, ducts, conduits, or rights-of-way
    used, in whole or in part, for any wire communications. Such term
    does not include any railroad, any person who is cooperatively
    organized, or any person owned by the Federal Government or any
    State.
      (2) The term "Federal Government" means the Government of the
    United States or any agency or instrumentality thereof.
      (3) The term "State" means any State, territory, or possession of
    the United States, the District of Columbia, or any political
    subdivision, agency, or instrumentality thereof.
      (4) The term "pole attachment" means any attachment by a cable
    television system or provider of telecommunications service to a
    pole, duct, conduit, or right-of-way owned or controlled by a
    utility.
      (5) For purposes of this section, the term "telecommunications
    carrier" (as defined in section 153 of this title) does not include
    any incumbent local exchange carrier as defined in section 251(h)
    of this title.
    (b) Authority of Commission to regulate rates, terms, and
      conditions; enforcement powers; promulgation of regulations
      (1) Subject to the provisions of subsection (c) of this section,
    the Commission shall regulate the rates, terms, and conditions for
    pole attachments to provide that such rates, terms, and conditions
    are just and reasonable, and shall adopt procedures necessary and
    appropriate to hear and resolve complaints concerning such rates,
    terms, and conditions. For purposes of enforcing any determinations
    resulting from complaint procedures established pursuant to this
    subsection, the Commission shall take such action as it deems
    appropriate and necessary, including issuing cease and desist
    orders, as authorized by section 312(b) of this title.
      (2) The Commission shall prescribe by rule regulations to carry
    out the provisions of this section.
    (c) State regulatory authority over rates, terms, and conditions;
      preemption; certification; circumstances constituting State
      regulation
      (1) Nothing in this section shall be construed to apply to, or to
    give the Commission jurisdiction with respect to rates, terms, and
    conditions, or access to poles, ducts, conduits, and rights-of-way
    as provided in subsection (f) of this section, for pole attachments
    in any case where such matters are regulated by a State.
      (2) Each State which regulates the rates, terms, and conditions
    for pole attachments shall certify to the Commission that - 
        (A) it regulates such rates, terms, and conditions; and
        (B) in so regulating such rates, terms, and conditions, the
      State has the authority to consider and does consider the
      interests of the subscribers of the services offered via such
      attachments, as well as the interests of the consumers of the
      utility services.

      (3) For purposes of this subsection, a State shall not be
    considered to regulate the rates, terms, and conditions for pole
    attachments - 
        (A) unless the State has issued and made effective rules and
      regulations implementing the State's regulatory authority over
      pole attachments; and
        (B) with respect to any individual matter, unless the State
      takes final action on a complaint regarding such matter - 
          (i) within 180 days after the complaint is filed with the
        State, or
          (ii) within the applicable period prescribed for such final
        action in such rules and regulations of the State, if the
        prescribed period does not extend beyond 360 days after the
        filing of such complaint.
    (d) Determination of just and reasonable rates; "usable space"
      defined
      (1) For purposes of subsection (b) of this section, a rate is
    just and reasonable if it assures a utility the recovery of not
    less than the additional costs of providing pole attachments, nor
    more than an amount determined by multiplying the percentage of the
    total usable space, or the percentage of the total duct or conduit
    capacity, which is occupied by the pole attachment by the sum of
    the operating expenses and actual capital costs of the utility
    attributable to the entire pole, duct, conduit, or right-of-way.
      (2) As used in this subsection, the term "usable space" means the
    space above the minimum grade level which can be used for the
    attachment of wires, cables, and associated equipment.
      (3) This subsection shall apply to the rate for any pole
    attachment used by a cable television system solely to provide
    cable service. Until the effective date of the regulations required
    under subsection (e) of this section, this subsection shall also
    apply to the rate for any pole attachment used by a cable system or
    any telecommunications carrier (to the extent such carrier is not a
    party to a pole attachment agreement) to provide any
    telecommunications service.
    (e) Regulations governing charges; apportionment of costs of
      providing space
      (1) The Commission shall, no later than 2 years after February 8,
    1996, prescribe regulations in accordance with this subsection to
    govern the charges for pole attachments used by telecommunications
    carriers to provide telecommunications services, when the parties
    fail to resolve a dispute over such charges. Such regulations shall
    ensure that a utility charges just, reasonable, and
    nondiscriminatory rates for pole attachments.
      (2) A utility shall apportion the cost of providing space on a
    pole, duct, conduit, or right-of-way other than the usable space
    among entities so that such apportionment equals two-thirds of the
    costs of providing space other than the usable space that would be
    allocated to such entity under an equal apportionment of such costs
    among all attaching entities.
      (3) A utility shall apportion the cost of providing usable space
    among all entities according to the percentage of usable space
    required for each entity.
      (4) The regulations required under paragraph (1) shall become
    effective 5 years after February 8, 1996. Any increase in the rates
    for pole attachments that result from the adoption of the
    regulations required by this subsection shall be phased in equal
    annual increments over a period of 5 years beginning on the
    effective date of such regulations.
    (f) Nondiscriminatory access
      (1) A utility shall provide a cable television system or any
    telecommunications carrier with nondiscriminatory access to any
    pole, duct, conduit, or right-of-way owned or controlled by it.
      (2) Notwithstanding paragraph (1), a utility providing electric
    service may deny a cable television system or any
    telecommunications carrier access to its poles, ducts, conduits, or
    rights-of-way, on a non-discriminatory (!1) basis where there is
    insufficient capacity and for reasons of safety, reliability and
    generally applicable engineering purposes.

    (g) Imputation to costs of pole attachment rate
      A utility that engages in the provision of telecommunications
    services or cable services shall impute to its costs of providing
    such services (and charge any affiliate, subsidiary, or associate
    company engaged in the provision of such services) an equal amount
    to the pole attachment rate for which such company would be liable
    under this section.
    (h) Modification or alteration of pole, duct, conduit, or right-of-
      way
      Whenever the owner of a pole, duct, conduit, or right-of-way
    intends to modify or alter such pole, duct, conduit, or right-of-
    way, the owner shall provide written notification of such action
    to any entity that has obtained an attachment to such conduit or
    right-of-way so that such entity may have a reasonable opportunity
    to add to or modify its existing attachment. Any entity that adds
    to or modifies its existing attachment after receiving such
    notification shall bear a proportionate share of the costs incurred
    by the owner in making such pole, duct, conduit, or right-of-way
    accessible.
    (i) Costs of rearranging or replacing attachment
      An entity that obtains an attachment to a pole, conduit, or right-
    of-way shall not be required to bear any of the costs of
    rearranging or replacing its attachment, if such rearrangement or
    replacement is required as a result of an additional attachment or
    the modification of an existing attachment sought by any other
    entity (including the owner of such pole, duct, conduit, or right-
    of-way).

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 224, as added Pub. L. 95-
    234, Sec. 6, Feb. 21, 1978, 92 Stat. 35; amended Pub. L. 97-259,
    title I, Sec. 106, Sept. 13, 1982, 96 Stat. 1091; Pub. L. 98-549,
    Sec. 4, Oct. 30, 1984, 98 Stat. 2801; Pub. L. 103-414, title III,
    Sec. 304(a)(7), Oct. 25, 1994, 108 Stat. 4297; Pub. L. 104-104,
    title VII, Sec. 703, Feb. 8, 1996, 110 Stat. 149.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(1). Pub. L. 104-104, Sec. 703(1), inserted
    first sentence and struck out former first sentence which read as
    follows: "The term 'utility' means any person whose rates or
    charges are regulated by the Federal Government or a State and who
    owns or controls poles, ducts, conduits, or rights-of-way used, in
    whole or in part, for wire communication."
      Subsec. (a)(4). Pub. L. 104-104, Sec. 703(2), inserted "or
    provider of telecommunications service" after "system".
      Subsec. (a)(5). Pub. L. 104-104, Sec. 703(3), added par. (5).
      Subsec. (c)(1). Pub. L. 104-104, Sec. 703(4), inserted ", or
    access to poles, ducts, conduits, and rights-of-way as provided in
    subsection (f) of this section," after "conditions".
      Subsec. (c)(2)(B). Pub. L. 104-104, Sec. 703(5), substituted "the
    services offered via such attachments" for "cable television
    services".
      Subsec. (d)(3). Pub. L. 104-104, Sec. 703(6), added par. (3).
      Subsecs. (e) to (i). Pub. L. 104-104, Sec. 703(7), added subsecs.
    (e) to (i).
      1994 - Subsec. (b)(2). Pub. L. 103-414 substituted "The
    Commission" for "Within 180 days from February 21, 1978, the
    Commission".
      1984 - Subsec. (c)(3). Pub. L. 98-549 added par. (3).
      1982 - Subsec. (e). Pub. L. 97-259 struck out subsec. (e) which
    provided that, upon expiration of 5-year period that began on Feb.
    21, 1978, provisions of subsec. (d) of this section would cease to
    have any effect.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,
    1984, except where otherwise expressly provided, see section 9(a)
    of Pub. L. 98-549, set out as a note under section 521 of this
    title.

                              EFFECTIVE DATE                          
      Section effective on thirtieth day after Feb. 21, 1978, see
    section 7 of Pub. L. 95-234, set out as an Effective Date of 1978
    Amendment note under section 152 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "nondiscriminatory".

-End-

-CITE-
    47 USC Sec. 225                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 225. Telecommunications services for hearing-impaired and
      speech-impaired individuals

-STATUTE-
    (a) Definitions
      As used in this section - 
      (1) Common carrier or carrier
        The term "common carrier" or "carrier" includes any common
      carrier engaged in interstate communication by wire or radio as
      defined in section 153 of this title and any common carrier
      engaged in intrastate communication by wire or radio,
      notwithstanding sections 152(b) and 221(b) of this title.
      (2) TDD
        The term "TDD" means a Telecommunications Device for the Deaf,
      which is a machine that employs graphic communication in the
      transmission of coded signals through a wire or radio
      communication system.
      (3) Telecommunications relay services
        The term "telecommunications relay services" means telephone
      transmission services that provide the ability for an individual
      who has a hearing impairment or speech impairment to engage in
      communication by wire or radio with a hearing individual in a
      manner that is functionally equivalent to the ability of an
      individual who does not have a hearing impairment or speech
      impairment to communicate using voice communication services by
      wire or radio. Such term includes services that enable two-way
      communication between an individual who uses a TDD or other
      nonvoice terminal device and an individual who does not use such
      a device.
    (b) Availability of telecommunications relay services
      (1) In general
        In order to carry out the purposes established under section
      151 of this title, to make available to all individuals in the
      United States a rapid, efficient nationwide communication
      service, and to increase the utility of the telephone system of
      the Nation, the Commission shall ensure that interstate and
      intrastate telecommunications relay services are available, to
      the extent possible and in the most efficient manner, to hearing-
      impaired and speech-impaired individuals in the United States.
      (2) Use of general authority and remedies
        For the purposes of administering and enforcing the provisions
      of this section and the regulations prescribed thereunder, the
      Commission shall have the same authority, power, and functions
      with respect to common carriers engaged in intrastate
      communication as the Commission has in administering and
      enforcing the provisions of this subchapter with respect to any
      common carrier engaged in interstate communication. Any violation
      of this section by any common carrier engaged in intrastate
      communication shall be subject to the same remedies, penalties,
      and procedures as are applicable to a violation of this chapter
      by a common carrier engaged in interstate communication.
    (c) Provision of services
      Each common carrier providing telephone voice transmission
    services shall, not later than 3 years after July 26, 1990, provide
    in compliance with the regulations prescribed under this section,
    throughout the area in which it offers service, telecommunications
    relay services, individually, through designees, through a
    competitively selected vendor, or in concert with other carriers. A
    common carrier shall be considered to be in compliance with such
    regulations - 
        (1) with respect to intrastate telecommunications relay
      services in any State that does not have a certified program
      under subsection (f) of this section and with respect to
      interstate telecommunications relay services, if such common
      carrier (or other entity through which the carrier is providing
      such relay services) is in compliance with the Commission's
      regulations under subsection (d) of this section; or
        (2) with respect to intrastate telecommunications relay
      services in any State that has a certified program under
      subsection (f) of this section for such State, if such common
      carrier (or other entity through which the carrier is providing
      such relay services) is in compliance with the program certified
      under subsection (f) of this section for such State.
    (d) Regulations
      (1) In general
        The Commission shall, not later than 1 year after July 26,
      1990, prescribe regulations to implement this section, including
      regulations that - 
          (A) establish functional requirements, guidelines, and
        operations procedures for telecommunications relay services;
          (B) establish minimum standards that shall be met in carrying
        out subsection (c) of this section;
          (C) require that telecommunications relay services operate
        every day for 24 hours per day;
          (D) require that users of telecommunications relay services
        pay rates no greater than the rates paid for functionally
        equivalent voice communication services with respect to such
        factors as the duration of the call, the time of day, and the
        distance from point of origination to point of termination;
          (E) prohibit relay operators from failing to fulfill the
        obligations of common carriers by refusing calls or limiting
        the length of calls that use telecommunications relay services;
          (F) prohibit relay operators from disclosing the content of
        any relayed conversation and from keeping records of the
        content of any such conversation beyond the duration of the
        call; and
          (G) prohibit relay operators from intentionally altering a
        relayed conversation.
      (2) Technology
        The Commission shall ensure that regulations prescribed to
      implement this section encourage, consistent with section 157(a)
      of this title, the use of existing technology and do not
      discourage or impair the development of improved technology.
      (3) Jurisdictional separation of costs
        (A) In general
          Consistent with the provisions of section 410 of this title,
        the Commission shall prescribe regulations governing the
        jurisdictional separation of costs for the services provided
        pursuant to this section.
        (B) Recovering costs
          Such regulations shall generally provide that costs caused by
        interstate telecommunications relay services shall be recovered
        from all subscribers for every interstate service and costs
        caused by intrastate telecommunications relay services shall be
        recovered from the intrastate jurisdiction. In a State that has
        a certified program under subsection (f) of this section, a
        State commission shall permit a common carrier to recover the
        costs incurred in providing intrastate telecommunications relay
        services by a method consistent with the requirements of this
        section.
    (e) Enforcement
      (1) In general
        Subject to subsections (f) and (g) of this section, the
      Commission shall enforce this section.
      (2) Complaint
        The Commission shall resolve, by final order, a complaint
      alleging a violation of this section within 180 days after the
      date such complaint is filed.
    (f) Certification
      (1) State documentation
        Any State desiring to establish a State program under this
      section shall submit documentation to the Commission that
      describes the program of such State for implementing intrastate
      telecommunications relay services and the procedures and remedies
      available for enforcing any requirements imposed by the State
      program.
      (2) Requirements for certification
        After review of such documentation, the Commission shall
      certify the State program if the Commission determines that - 
          (A) the program makes available to hearing-impaired and
        speech-impaired individuals, either directly, through
        designees, through a competitively selected vendor, or through
        regulation of intrastate common carriers, intrastate
        telecommunications relay services in such State in a manner
        that meets or exceeds the requirements of regulations
        prescribed by the Commission under subsection (d) of this
        section; and
          (B) the program makes available adequate procedures and
        remedies for enforcing the requirements of the State program.
      (3) Method of funding
        Except as provided in subsection (d) of this section, the
      Commission shall not refuse to certify a State program based
      solely on the method such State will implement for funding
      intrastate telecommunication relay services.
      (4) Suspension or revocation of certification
        The Commission may suspend or revoke such certification if,
      after notice and opportunity for hearing, the Commission
      determines that such certification is no longer warranted. In a
      State whose program has been suspended or revoked, the Commission
      shall take such steps as may be necessary, consistent with this
      section, to ensure continuity of telecommunications relay
      services.
    (g) Complaint
      (1) Referral of complaint
        If a complaint to the Commission alleges a violation of this
      section with respect to intrastate telecommunications relay
      services within a State and certification of the program of such
      State under subsection (f) of this section is in effect, the
      Commission shall refer such complaint to such State.
      (2) Jurisdiction of Commission
        After referring a complaint to a State under paragraph (1), the
      Commission shall exercise jurisdiction over such complaint only
      if - 
          (A) final action under such State program has not been taken
        on such complaint by such State - 
            (i) within 180 days after the complaint is filed with such
          State; or
            (ii) within a shorter period as prescribed by the
          regulations of such State; or

          (B) the Commission determines that such State program is no
        longer qualified for certification under subsection (f) of this
        section.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 225, as added Pub. L. 101-
    336, title IV, Sec. 401(a), July 26, 1990, 104 Stat. 366; amended
    Pub. L. 104-104, Sec. 3(d)(1), Feb. 8, 1996, 110 Stat. 61.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(1). Pub. L. 104-104 substituted "section 153"
    for "section 153(h)".

-End-

-CITE-
    47 USC Sec. 226                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 226. Telephone operator services

-STATUTE-
    (a) Definitions
      As used in this section - 
        (1) The term "access code" means a sequence of numbers that,
      when dialed, connect the caller to the provider of operator
      services associated with that sequence.
        (2) The term "aggregator" means any person that, in the
      ordinary course of its operations, makes telephones available to
      the public or to transient users of its premises, for interstate
      telephone calls using a provider of operator services.
        (3) The term "call splashing" means the transfer of a telephone
      call from one provider of operator services to another such
      provider in such a manner that the subsequent provider is unable
      or unwilling to determine the location of the origination of the
      call and, because of such inability or unwillingness, is
      prevented from billing the call on the basis of such location.
        (4) The term "consumer" means a person initiating any
      interstate telephone call using operator services.
        (5) The term "equal access" has the meaning given that term in
      Appendix B of the Modification of Final Judgment entered August
      24, 1982, in United States v. Western Electric, Civil Action No.
      82-0192 (United States District Court, District of Columbia), as
      amended by the Court in its orders issued prior to October 17,
      1990.
        (6) The term "equal access code" means an access code that
      allows the public to obtain an equal access connection to the
      carrier associated with that code.
        (7) The term "operator services" means any interstate
      telecommunications service initiated from an aggregator location
      that includes, as a component, any automatic or live assistance
      to a consumer to arrange for billing or completion, or both, of
      an interstate telephone call through a method other than - 
          (A) automatic completion with billing to the telephone from
        which the call originated; or
          (B) completion through an access code used by the consumer,
        with billing to an account previously established with the
        carrier by the consumer.

        (8) The term "presubscribed provider of operator services"
      means the interstate provider of operator services to which the
      consumer is connected when the consumer places a call using a
      provider of operator services without dialing an access code.
        (9) The term "provider of operator services" means any common
      carrier that provides operator services or any other person
      determined by the Commission to be providing operator services.
    (b) Requirements for providers of operator services
      (1) In general
        Beginning not later than 90 days after October 17, 1990, each
      provider of operator services shall, at a minimum - 
          (A) identify itself, audibly and distinctly, to the consumer
        at the beginning of each telephone call and before the consumer
        incurs any charge for the call;
          (B) permit the consumer to terminate the telephone call at no
        charge before the call is connected;
          (C) disclose immediately to the consumer, upon request and at
        no charge to the consumer - 
            (i) a quote of its rates or charges for the call;
            (ii) the methods by which such rates or charges will be
          collected; and
            (iii) the methods by which complaints concerning such
          rates, charges, or collection practices will be resolved;

          (D) ensure, by contract or tariff, that each aggregator for
        which such provider is the presubscribed provider of operator
        services is in compliance with the requirements of subsection
        (c) of this section and, if applicable, subsection (e)(1) of
        this section;
          (E) withhold payment (on a location-by-location basis) of any
        compensation, including commissions, to aggregators if such
        provider reasonably believes that the aggregator (i) is
        blocking access by means of "950" or "800" numbers to
        interstate common carriers in violation of subsection (c)(1)(B)
        of this section or (ii) is blocking access to equal access
        codes in violation of rules the Commission may prescribe under
        subsection (e)(1) of this section;
          (F) not bill for unanswered telephone calls in areas where
        equal access is available;
          (G) not knowingly bill for unanswered telephone calls where
        equal access is not available;
          (H) not engage in call splashing, unless the consumer
        requests to be transferred to another provider of operator
        services, the consumer is informed prior to incurring any
        charges that the rates for the call may not reflect the rates
        from the actual originating location of the call, and the
        consumer then consents to be transferred; and
          (I) except as provided in subparagraph (H), not bill for a
        call that does not reflect the location of the origination of
        the call.
      (2) Additional requirements for first 3 years
        In addition to meeting the requirements of paragraph (1),
      during the 3-year period beginning on the date that is 90 days
      after October 17, 1990, each presubscribed provider of operator
      services shall identify itself audibly and distinctly to the
      consumer, not only as required in paragraph (1)(A), but also for
      a second time before connecting the call and before the consumer
      incurs any charge.
    (c) Requirements for aggregators
      (1) In general
        Each aggregator, beginning not later than 90 days after October
      17, 1990, shall - 
          (A) post on or near the telephone instrument, in plain view
        of consumers - 
            (i) the name, address, and toll-free telephone number of
          the provider of operator services;
            (ii) a written disclosure that the rates for all operator-
          assisted calls are available on request, and that consumers
          have a right to obtain access to the interstate common
          carrier of their choice and may contact their preferred
          interstate common carriers for information on accessing that
          carrier's service using that telephone; and
            (iii) the name and address of the enforcement division of
          the Common Carrier Bureau of the Commission, to which the
          consumer may direct complaints regarding operator services;

          (B) ensure that each of its telephones presubscribed to a
        provider of operator services allows the consumer to use "800"
        and "950" access code numbers to obtain access to the provider
        of operator services desired by the consumer; and
          (C) ensure that no charge by the aggregator to the consumer
        for using an "800" or "950" access code number, or any other
        access code number, is greater than the amount the aggregator
        charges for calls placed using the presubscribed provider of
        operator services.
      (2) Effect of State law or regulation
        The requirements of paragraph (1)(A) shall not apply to an
      aggregator in any case in which State law or State regulation
      requires the aggregator to take actions that are substantially
      the same as those required in paragraph (1)(A).
    (d) General rulemaking required
      (1) Rulemaking proceeding
        The Commission shall conduct a rulemaking proceeding pursuant
      to this subchapter to prescribe regulations to - 
          (A) protect consumers from unfair and deceptive practices
        relating to their use of operator services to place interstate
        telephone calls; and
          (B) ensure that consumers have the opportunity to make
        informed choices in making such calls.
      (2) Contents of regulations
        The regulations prescribed under this section shall - 
          (A) contain provisions to implement each of the requirements
        of this section, other than the requirements established by the
        rulemaking under subsection (e) of this section on access and
        compensation; and
          (B) contain such other provisions as the Commission
        determines necessary to carry out this section and the purposes
        and policies of this section.
      (3) Additional requirements to be implemented by regulations
        The regulations prescribed under this section shall, at a
      minimum - 
          (A) establish minimum standards for providers of operator
        services and aggregators to use in the routing and handling of
        emergency telephone calls; and
          (B) establish a policy for requiring providers of operator
        services to make public information about recent changes in
        operator services and choices available to consumers in that
        market.
    (e) Separate rulemaking on access and compensation
      (1) Access
        The Commission,(!1) shall require - 

          (A) that each aggregator ensure within a reasonable time that
        each of its telephones presubscribed to a provider of operator
        services allows the consumer to obtain access to the provider
        of operator services desired by the consumer through the use of
        an equal access code; or
          (B) that all providers of operator services, within a
        reasonable time, make available to their customers a "950" or
        "800" access code number for use in making operator services
        calls from anywhere in the United States; or
          (C) that the requirements described under both subparagraphs
        (A) and (B) apply.
      (2) Compensation
        The Commission shall consider the need to prescribe
      compensation (other than advance payment by consumers) for owners
      of competitive public pay telephones for calls routed to
      providers of operator services that are other than the
      presubscribed provider of operator services for such telephones.
      Within 9 months after October 17, 1990, the Commission shall
      reach a final decision on whether to prescribe such compensation.
    (f) Technological capability of equipment
      Any equipment and software manufactured or imported more than 18
    months after October 17, 1990, and installed by any aggregator
    shall be technologically capable of providing consumers with access
    to interstate providers of operator services through the use of
    equal access codes.
    (g) Fraud
      In any proceeding to carry out the provisions of this section,
    the Commission shall require such actions or measures as are
    necessary to ensure that aggregators are not exposed to undue risk
    of fraud.
    (h) Determinations of rate compliance
      (1) Filing of informational tariff
        (A) In general
          Each provider of operator services shall file, within 90 days
        after October 17, 1990, and shall maintain, update regularly,
        and keep open for public inspection, an informational tariff
        specifying rates, terms, and conditions, and including
        commissions, surcharges, any fees which are collected from
        consumers, and reasonable estimates of the amount of traffic
        priced at each rate, with respect to calls for which operator
        services are provided. Any changes in such rates, terms, or
        conditions shall be filed no later than the first day on which
        the changed rates, terms, or conditions are in effect.
        (B) Waiver authority
          The Commission may, after 4 years following October 17, 1990,
        waive the requirements of this paragraph only if - 
            (i) the findings and conclusions of the Commission in the
          final report issued under paragraph (3)(B)(iii) state that
          the regulatory objectives specified in subsection (d)(1)(A)
          and (B) of this section have been achieved; and
            (ii) the Commission determines that such waiver will not
          adversely affect the continued achievement of such regulatory
          objectives.
      (2) Review of informational tariffs
        If the rates and charges filed by any provider of operator
      services under paragraph (1) appear upon review by the Commission
      to be unjust or unreasonable, the Commission may require such
      provider of operator services to do either or both of the
      following:
          (A) demonstrate that its rates and charges are just and
        reasonable, and
          (B) announce that its rates are available on request at the
        beginning of each call.
      (3) Proceeding required
        (A) In general
          Within 60 days after October 17, 1990, the Commission shall
        initiate a proceeding to determine whether the regulatory
        objectives specified in subsection (d)(1)(A) and (B) of this
        section are being achieved. The proceeding shall - 
            (i) monitor operator service rates;
            (ii) determine the extent to which offerings made by
          providers of operator services are improvements, in terms of
          service quality, price, innovation, and other factors, over
          those available before the entry of new providers of operator
          services into the market;
            (iii) report on (in the aggregate and by individual
          provider) operator service rates, incidence of service
          complaints, and service offerings;
            (iv) consider the effect that commissions and surcharges,
          billing and validation costs, and other costs of doing
          business have on the overall rates charged to consumers; and
            (v) monitor compliance with the provisions of this section,
          including the periodic placement of telephone calls from
          aggregator locations.
        (B) Reports
          (i) The Commission shall, during the pendency of such
        proceeding and not later than 5 months after its commencement,
        provide the Congress with an interim report on the Commission's
        activities and progress to date.
          (ii) Not later than 11 months after the commencement of such
        proceeding, the Commission shall report to the Congress on its
        interim findings as a result of the proceeding.
          (iii) Not later than 23 months after the commencement of such
        proceeding, the Commission shall submit a final report to the
        Congress on its findings and conclusions.
      (4) Implementing regulations
        (A) In general
          Unless the Commission makes the determination described in
        subparagraph (B), the Commission shall, within 180 days after
        submission of the report required under paragraph (3)(B)(iii),
        complete a rulemaking proceeding pursuant to this subchapter to
        establish regulations for implementing the requirements of this
        subchapter (and paragraphs (1) and (2) of this subsection) that
        rates and charges for operator services be just and reasonable.
        Such regulations shall include limitations on the amount of
        commissions or any other compensation given to aggregators by
        providers of operator service.
        (B) Limitation
          The requirement of subparagraph (A) shall not apply if, on
        the basis of the proceeding under paragraph (3)(A), the
        Commission makes (and includes in the report required by
        paragraph (3)(B)(iii)) a factual determination that market
        forces are securing rates and charges that are just and
        reasonable, as evidenced by rate levels, costs, complaints,
        service quality, and other relevant factors.
    (i) Statutory construction
      Nothing in this section shall be construed to alter the
    obligations, powers, or duties of common carriers or the Commission
    under the other sections of this chapter.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 226, as added Pub. L. 101-
    435, Sec. 3, Oct. 17, 1990, 104 Stat. 987; amended Pub. L. 101-
    555, Sec. 4, Nov. 15, 1990, 104 Stat. 2760; Pub. L. 102-538, title
    II, Sec. 207, Oct. 27, 1992, 106 Stat. 3543; Pub. L. 103-414, title
    III, Secs. 303(a)(10), 304(a)(8), Oct. 25, 1994, 108 Stat. 4294,
    4297.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (d)(2) to (4). Pub. L. 103-414, Sec. 303(a)(10),
    redesignated pars. (3) and (4) as (2) and (3), respectively, and
    struck out heading and text of former par. (2). Text read as
    follows: "The Commission shall initiate the proceeding required
    under paragraph (1) within 60 days after October 17, 1990, and
    shall prescribe regulations pursuant to the proceeding not later
    than 210 days after October 17, 1990. Such regulations shall take
    effect not later than 45 days after the date the regulations are
    prescribed."
      Subsec. (e)(1). Pub. L. 103-414, Sec. 304(a)(8), struck out
    "within 9 months after October 17, 1990," after "The Commission,"
    in introductory provisions.
      1992 - Subsec. (d)(4)(A). Pub. L. 102-538 inserted "and
    aggregators" after "operator services".
      1990 - Subsec. (b)(1). Pub. L. 101-555, Sec. 4(a), substituted
    "90 days" for "30 days".
      Subsec. (b)(1)(J). Pub. L. 101-555, Sec. 4(b), struck out subpar.
    (J) which read as follows: "not bill an interexchange telephone
    call to a billing card number which - 
        "(i) is issued by another provider of operator services, and
        "(ii) permits the identification of the other provider,
    unless the call is billed at a rate not greater than the other
    provider's rate for the call, the consumer requests a special
    service that is not available under tariff from the other provider,
    or the consumer expressly consents to a rate greater than the other
    provider's rate."
      Subsecs. (b)(2), (c)(1), (h)(1)(A). Pub. L. 101-555, Sec. 4(a),
    substituted "90 days" for "30 days".

                          CONGRESSIONAL FINDINGS                      
      Section 2 of Pub. L. 101-435 provided that: "The Congress finds
    that - 
        "(1) the divestiture of AT&T and decisions allowing open entry
      for competitors in the telephone marketplace produced a variety
      of new services and many new providers of existing telephone
      services;
        "(2) the growth of competition in the telecommunications market
      makes it essential to ensure that safeguards are in place to
      assure fairness for consumers and service providers alike;
        "(3) a variety of providers of operator services now compete to
      win contracts to provide operator services to hotels, hospitals,
      airports, and other aggregators of telephone business from
      consumers;
        "(4) the mere existence of a variety of service providers in
      the operator services marketplace is significant in making that
      market competitive only when consumers are able to make informed
      choices from among those service providers;
        "(5) however, often consumers have no choices in selecting a
      provider of operator services, and often attempts by consumers to
      reach their preferred long distance carrier by using a telephone
      billing card, credit card, or prearranged access code number are
      blocked;
        "(6) a number of State regulatory authorities have taken action
      to protect consumers using intrastate operator services;
        "(7) from January 1988 through February 1990, the Federal
      Communications Commission received over 4,000 complaints from
      consumers about operator services;
        "(8) those consumers have complained that they are denied
      access to the interexchange carrier of their choice, that they
      are deceived about the identity of the company providing operator
      services for their calls and the rates being charged, that they
      lack information on what they can do to complain about unfair
      treatment by an operator service provider, and that they are,
      accordingly, being deprived of the free choice essential to the
      operation of a competitive market;
        "(9) the Commission has testified that its actions have been
      insufficient to correct the problems in the operator services
      industry to date; and
        "(10) a combination of industry self-regulation and government
      regulation is required to ensure that competitive operator
      services are provided in a fair and reasonable manner."

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.

-End-

-CITE-
    47 USC Sec. 227                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 227. Restrictions on use of telephone equipment

-STATUTE-
    (a) Definitions
      As used in this section - 
        (1) The term "automatic telephone dialing system" means
      equipment which has the capacity - 
          (A) to store or produce telephone numbers to be called, using
        a random or sequential number generator; and
          (B) to dial such numbers.

        (2) The term "established business relationship", for purposes
      only of subsection (b)(1)(C)(i) of this section, shall have the
      meaning given the term in section 64.1200 of title 47, Code of
      Federal Regulations, as in effect on January 1, 2003, except that
      - 
          (A) such term shall include a relationship between a person
        or entity and a business subscriber subject to the same terms
        applicable under such section to a relationship between a
        person or entity and a residential subscriber; and
          (B) an established business relationship shall be subject to
        any time limitation established pursuant to paragraph
        (2)(G)).(!1)

        (3) The term "telephone facsimile machine" means equipment
      which has the capacity (A) to transcribe text or images, or both,
      from paper into an electronic signal and to transmit that signal
      over a regular telephone line, or (B) to transcribe text or
      images (or both) from an electronic signal received over a
      regular telephone line onto paper.
        (4) The term "telephone solicitation" means the initiation of a
      telephone call or message for the purpose of encouraging the
      purchase or rental of, or investment in, property, goods, or
      services, which is transmitted to any person, but such term does
      not include a call or message (A) to any person with that
      person's prior express invitation or permission, (B) to any
      person with whom the caller has an established business
      relationship, or (C) by a tax exempt nonprofit organization.
        (5) The term "unsolicited advertisement" means any material
      advertising the commercial availability or quality of any
      property, goods, or services which is transmitted to any person
      without that person's prior express invitation or permission, in
      writing or otherwise.
    (b) Restrictions on use of automated telephone equipment
      (1) Prohibitions
        It shall be unlawful for any person within the United States,
      or any person outside the United States if the recipient is
      within the United States - 
          (A) to make any call (other than a call made for emergency
        purposes or made with the prior express consent of the called
        party) using any automatic telephone dialing system or an
        artificial or prerecorded voice - 
            (i) to any emergency telephone line (including any "911"
          line and any emergency line of a hospital, medical physician
          or service office, health care facility, poison control
          center, or fire protection or law enforcement agency);
            (ii) to the telephone line of any guest room or patient
          room of a hospital, health care facility, elderly home, or
          similar establishment; or
            (iii) to any telephone number assigned to a paging service,
          cellular telephone service, specialized mobile radio service,
          or other radio common carrier service, or any service for
          which the called party is charged for the call;

          (B) to initiate any telephone call to any residential
        telephone line using an artificial or prerecorded voice to
        deliver a message without the prior express consent of the
        called party, unless the call is initiated for emergency
        purposes or is exempted by rule or order by the Commission
        under paragraph (2)(B);
          (C) to use any telephone facsimile machine, computer, or
        other device to send, to a telephone facsimile machine, an
        unsolicited advertisement, unless - 
            (i) the unsolicited advertisement is from a sender with an
          established business relationship with the recipient;
            (ii) the sender obtained the number of the telephone
          facsimile machine through - 
              (I) the voluntary communication of such number, within
            the context of such established business relationship, from
            the recipient of the unsolicited advertisement, or
              (II) a directory, advertisement, or site on the Internet
            to which the recipient voluntarily agreed to make available
            its facsimile number for public distribution,

          except that this clause shall not apply in the case of an
          unsolicited advertisement that is sent based on an
          established business relationship with the recipient that was
          in existence before July 9, 2005, if the sender possessed the
          facsimile machine number of the recipient before July 9,
          2005; and
            (iii) the unsolicited advertisement contains a notice
          meeting the requirements under paragraph (2)(D),

        except that the exception under clauses (i) and (ii) shall not
        apply with respect to an unsolicited advertisement sent to a
        telephone facsimile machine by a sender to whom a request has
        been made not to send future unsolicited advertisements to such
        telephone facsimile machine that complies with the requirements
        under paragraph (2)(E); or
          (D) to use an automatic telephone dialing system in such a
        way that two or more telephone lines of a multi-line business
        are engaged simultaneously.
      (2) Regulations; exemptions and other provisions
        The Commission shall prescribe regulations to implement the
      requirements of this subsection. In implementing the requirements
      of this subsection, the Commission - 
          (A) shall consider prescribing regulations to allow
        businesses to avoid receiving calls made using an artificial or
        prerecorded voice to which they have not given their prior
        express consent;
          (B) may, by rule or order, exempt from the requirements of
        paragraph (1)(B) of this subsection, subject to such conditions
        as the Commission may prescribe - 
            (i) calls that are not made for a commercial purpose; and
            (ii) such classes or categories of calls made for
          commercial purposes as the Commission determines - 
              (I) will not adversely affect the privacy rights that
            this section is intended to protect; and
              (II) do not include the transmission of any unsolicited
            advertisement;

          (C) may, by rule or order, exempt from the requirements of
        paragraph (1)(A)(iii) of this subsection calls to a telephone
        number assigned to a cellular telephone service that are not
        charged to the called party, subject to such conditions as the
        Commission may prescribe as necessary in the interest of the
        privacy rights this section is intended to protect;
          (D) shall provide that a notice contained in an unsolicited
        advertisement complies with the requirements under this
        subparagraph only if - 
            (i) the notice is clear and conspicuous and on the first
          page of the unsolicited advertisement;
            (ii) the notice states that the recipient may make a
          request to the sender of the unsolicited advertisement not to
          send any future unsolicited advertisements to a telephone
          facsimile machine or machines and that failure to comply,
          within the shortest reasonable time, as determined by the
          Commission, with such a request meeting the requirements
          under subparagraph (E) is unlawful;
            (iii) the notice sets forth the requirements for a request
          under subparagraph (E);
            (iv) the notice includes - 
              (I) a domestic contact telephone and facsimile machine
            number for the recipient to transmit such a request to the
            sender; and
              (II) a cost-free mechanism for a recipient to transmit a
            request pursuant to such notice to the sender of the
            unsolicited advertisement; the Commission shall by rule
            require the sender to provide such a mechanism and may, in
            the discretion of the Commission and subject to such
            conditions as the Commission may prescribe, exempt certain
            classes of small business senders, but only if the
            Commission determines that the costs to such class are
            unduly burdensome given the revenues generated by such
            small businesses;

            (v) the telephone and facsimile machine numbers and the
          cost-free mechanism set forth pursuant to clause (iv) permit
          an individual or business to make such a request at any time
          on any day of the week; and
            (vi) the notice complies with the requirements of
          subsection (d) of this section;

          (E) shall provide, by rule, that a request not to send future
        unsolicited advertisements to a telephone facsimile machine
        complies with the requirements under this subparagraph only if -
         
            (i) the request identifies the telephone number or numbers
          of the telephone facsimile machine or machines to which the
          request relates;
            (ii) the request is made to the telephone or facsimile
          number of the sender of such an unsolicited advertisement
          provided pursuant to subparagraph (D)(iv) or by any other
          method of communication as determined by the Commission; and
            (iii) the person making the request has not, subsequent to
          such request, provided express invitation or permission to
          the sender, in writing or otherwise, to send such
          advertisements to such person at such telephone facsimile
          machine;

          (F) may, in the discretion of the Commission and subject to
        such conditions as the Commission may prescribe, allow
        professional or trade associations that are tax-exempt
        nonprofit organizations to send unsolicited advertisements to
        their members in furtherance of the association's tax-exempt
        purpose that do not contain the notice required by paragraph
        (1)(C)(iii), except that the Commission may take action under
        this subparagraph only - 
            (i) by regulation issued after public notice and
          opportunity for public comment; and
            (ii) if the Commission determines that such notice required
          by paragraph (1)(C)(iii) is not necessary to protect the
          ability of the members of such associations to stop such
          associations from sending any future unsolicited
          advertisements; and

          (G)(i) may, consistent with clause (ii), limit the duration
        of the existence of an established business relationship,
        however, before establishing any such limits, the Commission
        shall - 
            (I) determine whether the existence of the exception under
          paragraph (1)(C) relating to an established business
          relationship has resulted in a significant number of
          complaints to the Commission regarding the sending of
          unsolicited advertisements to telephone facsimile machines;
            (II) determine whether a significant number of any such
          complaints involve unsolicited advertisements that were sent
          on the basis of an established business relationship that was
          longer in duration than the Commission believes is consistent
          with the reasonable expectations of consumers;
            (III) evaluate the costs to senders of demonstrating the
          existence of an established business relationship within a
          specified period of time and the benefits to recipients of
          establishing a limitation on such established business
          relationship; and
            (IV) determine whether with respect to small businesses,
          the costs would not be unduly burdensome; and

          (ii) may not commence a proceeding to determine whether to
        limit the duration of the existence of an established business
        relationship before the expiration of the 3-month period that
        begins on July 9, 2005.
      (3) Private right of action
        A person or entity may, if otherwise permitted by the laws or
      rules of court of a State, bring in an appropriate court of that
      State - 
          (A) an action based on a violation of this subsection or the
        regulations prescribed under this subsection to enjoin such
        violation,
          (B) an action to recover for actual monetary loss from such a
        violation, or to receive $500 in damages for each such
        violation, whichever is greater, or
          (C) both such actions.

      If the court finds that the defendant willfully or knowingly
      violated this subsection or the regulations prescribed under this
      subsection, the court may, in its discretion, increase the amount
      of the award to an amount equal to not more than 3 times the
      amount available under subparagraph (B) of this paragraph.
    (c) Protection of subscriber privacy rights
      (1) Rulemaking proceeding required
        Within 120 days after December 20, 1991, the Commission shall
      initiate a rulemaking proceeding concerning the need to protect
      residential telephone subscribers' privacy rights to avoid
      receiving telephone solicitations to which they object. The
      proceeding shall - 
          (A) compare and evaluate alternative methods and procedures
        (including the use of electronic databases, telephone network
        technologies, special directory markings, industry-based or
        company-specific "do not call" systems, and any other
        alternatives, individually or in combination) for their
        effectiveness in protecting such privacy rights, and in terms
        of their cost and other advantages and disadvantages;
          (B) evaluate the categories of public and private entities
        that would have the capacity to establish and administer such
        methods and procedures;
          (C) consider whether different methods and procedures may
        apply for local telephone solicitations, such as local
        telephone solicitations of small businesses or holders of
        second class mail permits;
          (D) consider whether there is a need for additional
        Commission authority to further restrict telephone
        solicitations, including those calls exempted under subsection
        (a)(3) of this section, and, if such a finding is made and
        supported by the record, propose specific restrictions to the
        Congress; and
          (E) develop proposed regulations to implement the methods and
        procedures that the Commission determines are most effective
        and efficient to accomplish the purposes of this section.
      (2) Regulations
        Not later than 9 months after December 20, 1991, the Commission
      shall conclude the rulemaking proceeding initiated under
      paragraph (1) and shall prescribe regulations to implement
      methods and procedures for protecting the privacy rights
      described in such paragraph in an efficient, effective, and
      economic manner and without the imposition of any additional
      charge to telephone subscribers.
      (3) Use of database permitted
        The regulations required by paragraph (2) may require the
      establishment and operation of a single national database to
      compile a list of telephone numbers of residential subscribers
      who object to receiving telephone solicitations, and to make that
      compiled list and parts thereof available for purchase. If the
      Commission determines to require such a database, such
      regulations shall - 
          (A) specify a method by which the Commission will select an
        entity to administer such database;
          (B) require each common carrier providing telephone exchange
        service, in accordance with regulations prescribed by the
        Commission, to inform subscribers for telephone exchange
        service of the opportunity to provide notification, in
        accordance with regulations established under this paragraph,
        that such subscriber objects to receiving telephone
        solicitations;
          (C) specify the methods by which each telephone subscriber
        shall be informed, by the common carrier that provides local
        exchange service to that subscriber, of (i) the subscriber's
        right to give or revoke a notification of an objection under
        subparagraph (A), and (ii) the methods by which such right may
        be exercised by the subscriber;
          (D) specify the methods by which such objections shall be
        collected and added to the database;
          (E) prohibit any residential subscriber from being charged
        for giving or revoking such notification or for being included
        in a database compiled under this section;
          (F) prohibit any person from making or transmitting a
        telephone solicitation to the telephone number of any
        subscriber included in such database;
          (G) specify (i) the methods by which any person desiring to
        make or transmit telephone solicitations will obtain access to
        the database, by area code or local exchange prefix, as
        required to avoid calling the telephone numbers of subscribers
        included in such database; and (ii) the costs to be recovered
        from such persons;
          (H) specify the methods for recovering, from persons
        accessing such database, the costs involved in identifying,
        collecting, updating, disseminating, and selling, and other
        activities relating to, the operations of the database that are
        incurred by the entities carrying out those activities;
          (I) specify the frequency with which such database will be
        updated and specify the method by which such updating will take
        effect for purposes of compliance with the regulations
        prescribed under this subsection;
          (J) be designed to enable States to use the database
        mechanism selected by the Commission for purposes of
        administering or enforcing State law;
          (K) prohibit the use of such database for any purpose other
        than compliance with the requirements of this section and any
        such State law and specify methods for protection of the
        privacy rights of persons whose numbers are included in such
        database; and
          (L) require each common carrier providing services to any
        person for the purpose of making telephone solicitations to
        notify such person of the requirements of this section and the
        regulations thereunder.
      (4) Considerations required for use of database method
        If the Commission determines to require the database mechanism
      described in paragraph (3), the Commission shall - 
          (A) in developing procedures for gaining access to the
        database, consider the different needs of telemarketers
        conducting business on a national, regional, State, or local
        level;
          (B) develop a fee schedule or price structure for recouping
        the cost of such database that recognizes such differences and -
         
            (i) reflect the relative costs of providing a national,
          regional, State, or local list of phone numbers of
          subscribers who object to receiving telephone solicitations;
            (ii) reflect the relative costs of providing such lists on
          paper or electronic media; and
            (iii) not place an unreasonable financial burden on small
          businesses; and

          (C) consider (i) whether the needs of telemarketers operating
        on a local basis could be met through special markings of area
        white pages directories, and (ii) if such directories are
        needed as an adjunct to database lists prepared by area code
        and local exchange prefix.
      (5) Private right of action
        A person who has received more than one telephone call within
      any 12-month period by or on behalf of the same entity in
      violation of the regulations prescribed under this subsection
      may, if otherwise permitted by the laws or rules of court of a
      State bring in an appropriate court of that State - 
          (A) an action based on a violation of the regulations
        prescribed under this subsection to enjoin such violation,
          (B) an action to recover for actual monetary loss from such a
        violation, or to receive up to $500 in damages for each such
        violation, whichever is greater, or
          (C) both such actions.

      It shall be an affirmative defense in any action brought under
      this paragraph that the defendant has established and
      implemented, with due care, reasonable practices and procedures
      to effectively prevent telephone solicitations in violation of
      the regulations prescribed under this subsection. If the court
      finds that the defendant willfully or knowingly violated the
      regulations prescribed under this subsection, the court may, in
      its discretion, increase the amount of the award to an amount
      equal to not more than 3 times the amount available under
      subparagraph (B) of this paragraph.
      (6) Relation to subsection (b)
        The provisions of this subsection shall not be construed to
      permit a communication prohibited by subsection (b) of this
      section.
    (d) Technical and procedural standards
      (1) Prohibition
        It shall be unlawful for any person within the United States - 
          (A) to initiate any communication using a telephone facsimile
        machine, or to make any telephone call using any automatic
        telephone dialing system, that does not comply with the
        technical and procedural standards prescribed under this
        subsection, or to use any telephone facsimile machine or
        automatic telephone dialing system in a manner that does not
        comply with such standards; or
          (B) to use a computer or other electronic device to send any
        message via a telephone facsimile machine unless such person
        clearly marks, in a margin at the top or bottom of each
        transmitted page of the message or on the first page of the
        transmission, the date and time it is sent and an
        identification of the business, other entity, or individual
        sending the message and the telephone number of the sending
        machine or of such business, other entity, or individual.
      (2) Telephone facsimile machines
        The Commission shall revise the regulations setting technical
      and procedural standards for telephone facsimile machines to
      require that any such machine which is manufactured after one
      year after December 20, 1991, clearly marks, in a margin at the
      top or bottom of each transmitted page or on the first page of
      each transmission, the date and time sent, an identification of
      the business, other entity, or individual sending the message,
      and the telephone number of the sending machine or of such
      business, other entity, or individual.
      (3) Artificial or prerecorded voice systems
        The Commission shall prescribe technical and procedural
      standards for systems that are used to transmit any artificial or
      prerecorded voice message via telephone. Such standards shall
      require that - 
          (A) all artificial or prerecorded telephone messages (i)
        shall, at the beginning of the message, state clearly the
        identity of the business, individual, or other entity
        initiating the call, and (ii) shall, during or after the
        message, state clearly the telephone number or address of such
        business, other entity, or individual; and
          (B) any such system will automatically release the called
        party's line within 5 seconds of the time notification is
        transmitted to the system that the called party has hung up, to
        allow the called party's line to be used to make or receive
        other calls.
    (e) Effect on State law
      (1) State law not preempted
        Except for the standards prescribed under subsection (d) of
      this section and subject to paragraph (2) of this subsection,
      nothing in this section or in the regulations prescribed under
      this section shall preempt any State law that imposes more
      restrictive intrastate requirements or regulations on, or which
      prohibits - 
          (A) the use of telephone facsimile machines or other
        electronic devices to send unsolicited advertisements;
          (B) the use of automatic telephone dialing systems;
          (C) the use of artificial or prerecorded voice messages; or
          (D) the making of telephone solicitations.
      (2) State use of databases
        If, pursuant to subsection (c)(3) of this section, the
      Commission requires the establishment of a single national
      database of telephone numbers of subscribers who object to
      receiving telephone solicitations, a State or local authority may
      not, in its regulation of telephone solicitations, require the
      use of any database, list, or listing system that does not
      include the part of such single national database that relates to
      such State.
    (f) Actions by States
      (1) Authority of States
        Whenever the attorney general of a State, or an official or
      agency designated by a State, has reason to believe that any
      person has engaged or is engaging in a pattern or practice of
      telephone calls or other transmissions to residents of that State
      in violation of this section or the regulations prescribed under
      this section, the State may bring a civil action on behalf of its
      residents to enjoin such calls, an action to recover for actual
      monetary loss or receive $500 in damages for each violation, or
      both such actions. If the court finds the defendant willfully or
      knowingly violated such regulations, the court may, in its
      discretion, increase the amount of the award to an amount equal
      to not more than 3 times the amount available under the preceding
      sentence.
      (2) Exclusive jurisdiction of Federal courts
        The district courts of the United States, the United States
      courts of any territory, and the District Court of the United
      States for the District of Columbia shall have exclusive
      jurisdiction over all civil actions brought under this
      subsection. Upon proper application, such courts shall also have
      jurisdiction to issue writs of mandamus, or orders affording like
      relief, commanding the defendant to comply with the provisions of
      this section or regulations prescribed under this section,
      including the requirement that the defendant take such action as
      is necessary to remove the danger of such violation. Upon a
      proper showing, a permanent or temporary injunction or
      restraining order shall be granted without bond.
      (3) Rights of Commission
        The State shall serve prior written notice of any such civil
      action upon the Commission and provide the Commission with a copy
      of its complaint, except in any case where such prior notice is
      not feasible, in which case the State shall serve such notice
      immediately upon instituting such action. The Commission shall
      have the right (A) to intervene in the action, (B) upon so
      intervening, to be heard on all matters arising therein, and (C)
      to file petitions for appeal.
      (4) Venue; service of process
        Any civil action brought under this subsection in a district
      court of the United States may be brought in the district wherein
      the defendant is found or is an inhabitant or transacts business
      or wherein the violation occurred or is occurring, and process in
      such cases may be served in any district in which the defendant
      is an inhabitant or where the defendant may be found.
      (5) Investigatory powers
        For purposes of bringing any civil action under this
      subsection, nothing in this section shall prevent the attorney
      general of a State, or an official or agency designated by a
      State, from exercising the powers conferred on the attorney
      general or such official by the laws of such State to conduct
      investigations or to administer oaths or affirmations or to
      compel the attendance of witnesses or the production of
      documentary and other evidence.
      (6) Effect on State court proceedings
        Nothing contained in this subsection shall be construed to
      prohibit an authorized State official from proceeding in State
      court on the basis of an alleged violation of any general civil
      or criminal statute of such State.
      (7) Limitation
        Whenever the Commission has instituted a civil action for
      violation of regulations prescribed under this section, no State
      may, during the pendency of such action instituted by the
      Commission, subsequently institute a civil action against any
      defendant named in the Commission's complaint for any violation
      as alleged in the Commission's complaint.
      (8) "Attorney general" defined
        As used in this subsection, the term "attorney general" means
      the chief legal officer of a State.
    (g) Junk fax enforcement report
      The Commission shall submit an annual report to Congress
    regarding the enforcement during the past year of the provisions of
    this section relating to sending of unsolicited advertisements to
    telephone facsimile machines, which report shall include - 
        (1) the number of complaints received by the Commission during
      such year alleging that a consumer received an unsolicited
      advertisement via telephone facsimile machine in violation of the
      Commission's rules;
        (2) the number of citations issued by the Commission pursuant
      to section 503 of this title during the year to enforce any law,
      regulation, or policy relating to sending of unsolicited
      advertisements to telephone facsimile machines;
        (3) the number of notices of apparent liability issued by the
      Commission pursuant to section 503 of this title during the year
      to enforce any law, regulation, or policy relating to sending of
      unsolicited advertisements to telephone facsimile machines;
        (4) for each notice referred to in paragraph (3) - 
          (A) the amount of the proposed forfeiture penalty involved;
          (B) the person to whom the notice was issued;
          (C) the length of time between the date on which the
        complaint was filed and the date on which the notice was
        issued; and
          (D) the status of the proceeding;

        (5) the number of final orders imposing forfeiture penalties
      issued pursuant to section 503 of this title during the year to
      enforce any law, regulation, or policy relating to sending of
      unsolicited advertisements to telephone facsimile machines;
        (6) for each forfeiture order referred to in paragraph (5) - 
          (A) the amount of the penalty imposed by the order;
          (B) the person to whom the order was issued;
          (C) whether the forfeiture penalty has been paid; and
          (D) the amount paid;

        (7) for each case in which a person has failed to pay a
      forfeiture penalty imposed by such a final order, whether the
      Commission referred such matter for recovery of the penalty; and
        (8) for each case in which the Commission referred such an
      order for recovery - 
          (A) the number of days from the date the Commission issued
        such order to the date of such referral;
          (B) whether an action has been commenced to recover the
        penalty, and if so, the number of days from the date the
        Commission referred such order for recovery to the date of such
        commencement; and
          (C) whether the recovery action resulted in collection of any
        amount, and if so, the amount collected.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 227, as added Pub. L. 102-
    243, Sec. 3(a), Dec. 20, 1991, 105 Stat. 2395; amended Pub. L. 102-
    556, title IV, Sec. 402, Oct. 28, 1992, 106 Stat. 4194; Pub. L.
    103-414, title III, Sec. 303(a)(11), (12), Oct. 25, 1994, 108 Stat.
    4294; Pub. L. 108-187, Sec. 12, Dec. 16, 2003, 117 Stat. 2717; Pub.
    L. 109-21, Secs. 2(a)-(g), 3, July 9, 2005, 119 Stat. 359-362.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(2) to (4). Pub. L. 109-21, Sec. 2(b), added
    par. (2) and redesignated former pars. (2) and (3) as (3) and (4),
    respectively. Former par. (4) redesignated (5).
      Subsec. (a)(5). Pub. L. 109-21, Sec. 2(b)(1), (g), redesignated
    par. (4) as (5) and inserted ", in writing or otherwise" before
    period at end.
      Subsec. (b)(1)(C). Pub. L. 109-21, Sec. 2(a), amended subpar. (C)
    generally. Prior to amendment, subpar. (C) read as follows: "to use
    any telephone facsimile machine, computer, or other device to send
    an unsolicited advertisement to a telephone facsimile machine; or".
      Subsec. (b)(2)(D) to (G). Pub. L. 109-21, Sec. 2(c)-(f), added
    subpars. (D) to (G).
      Subsec. (g). Pub. L. 109-21, Sec. 3, added subsec. (g).
      2003 - Subsec. (b)(1). Pub. L. 108-187 inserted ", or any person
    outside the United States if the recipient is within the United
    States" after "United States" in introductory provisions.
      1994 - Subsec. (b)(2)(C). Pub. L. 103-414, Sec. 303(a)(11),
    substituted "paragraph" for "paragraphs".
      Subsec. (e)(2). Pub. L. 103-414, Sec. 303(a)(12), substituted
    "national database" for "national datebase" after "such single".
      1992 - Subsec. (b)(2)(C). Pub. L. 102-556 added subpar. (C).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-187 effective Jan. 1, 2004, see section
    16 of Pub. L. 108-187, set out as an Effective Date note under
    section 7701 of Title 15, Commerce and Trade.

                 EFFECTIVE DATE; DEADLINE FOR REGULATIONS             
      Section 3(c) of Pub. L. 102-243, as amended by Pub. L. 102-556,
    title I, Sec. 102, Oct. 28, 1992, 106 Stat. 4186, provided that:
      "(1) Regulations. - The Federal Communications Commission shall
    prescribe regulations to implement the amendments made by this
    section [enacting this section and amending section 152 of this
    title] not later than 9 months after the date of enactment of this
    Act [Dec. 20, 1991].
      "(2) Effective date. - The requirements of section 227 of the
    Communications Act of 1934 [this section] (as added by this
    section), other than the authority to prescribe regulations, shall
    take effect one year after the date of enactment of this Act [Dec.
    20, 1991]."

                                REGULATIONS                            
      Pub. L. 109-21, Sec. 2(h), July 9, 2005, 119 Stat. 362, provided
    that: "Except as provided in section 227(b)(2)(G)(ii) of the
    Communications Act of 1934 [47 U.S.C. 227(b)(2)(G)(ii)] (as added
    by subsection (f)), not later than 270 days after the date of
    enactment of this Act [July 9, 2005], the Federal Communications
    Commission shall issue regulations to implement the amendments made
    by this section."

                    CONGRESSIONAL STATEMENT OF FINDINGS                
      Section 2 of Pub. L. 102-243 provided that: "The Congress finds
    that:
        "(1) The use of the telephone to market goods and services to
      the home and other businesses is now pervasive due to the
      increased use of cost-effective telemarketing techniques.
        "(2) Over 30,000 businesses actively telemarket goods and
      services to business and residential customers.
        "(3) More than 300,000 solicitors call more than 18,000,000
      Americans every day.
        "(4) Total United States sales generated through telemarketing
      amounted to $435,000,000,000 in 1990, a more than four-fold
      increase since 1984.
        "(5) Unrestricted telemarketing, however, can be an intrusive
      invasion of privacy and, when an emergency or medical assistance
      telephone line is seized, a risk to public safety.
        "(6) Many consumers are outraged over the proliferation of
      intrusive, nuisance calls to their homes from telemarketers.
        "(7) Over half the States now have statutes restricting various
      uses of the telephone for marketing, but telemarketers can evade
      their prohibitions through interstate operations; therefore,
      Federal law is needed to control residential telemarketing
      practices.
        "(8) The Constitution does not prohibit restrictions on
      commercial telemarketing solicitations.
        "(9) Individuals' privacy rights, public safety interests, and
      commercial freedoms of speech and trade must be balanced in a way
      that protects the privacy of individuals and permits legitimate
      telemarketing practices.
        "(10) Evidence compiled by the Congress indicates that
      residential telephone subscribers consider automated or
      prerecorded telephone calls, regardless of the content or the
      initiator of the message, to be a nuisance and an invasion of
      privacy.
        "(11) Technologies that might allow consumers to avoid
      receiving such calls are not universally available, are costly,
      are unlikely to be enforced, or place an inordinate burden on the
      consumer.
        "(12) Banning such automated or prerecorded telephone calls to
      the home, except when the receiving party consents to receiving
      the call or when such calls are necessary in an emergency
      situation affecting the health and safety of the consumer, is the
      only effective means of protecting telephone consumers from this
      nuisance and privacy invasion.
        "(13) While the evidence presented to the Congress indicates
      that automated or prerecorded calls are a nuisance and an
      invasion of privacy, regardless of the type of call, the Federal
      Communications Commission should have the flexibility to design
      different rules for those types of automated or prerecorded calls
      that it finds are not considered a nuisance or invasion of
      privacy, or for noncommercial calls, consistent with the free
      speech protections embodied in the First Amendment of the
      Constitution.
        "(14) Businesses also have complained to the Congress and the
      Federal Communications Commission that automated or prerecorded
      telephone calls are a nuisance, are an invasion of privacy, and
      interfere with interstate commerce.
        "(15) The Federal Communications Commission should consider
      adopting reasonable restrictions on automated or prerecorded
      calls to businesses as well as to the home, consistent with the
      constitutional protections of free speech."

-FOOTNOTE-               

    (!1) So in original. Second closing parenthesis probably should
         not appear.

-End-

-CITE-
    47 USC Sec. 228                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 228. Regulation of carrier offering of pay-per-call services

-STATUTE-
    (a) Purpose
      It is the purpose of this section - 
        (1) to put into effect a system of national regulation and
      review that will oversee interstate pay-per-call services; and
        (2) to recognize the Commission's authority to prescribe
      regulations and enforcement procedures and conduct oversight to
      afford reasonable protection to consumers of pay-per-call
      services and to assure that violations of Federal law do not
      occur.
    (b) General authority for regulations
      The Commission by regulation shall, within 270 days after October
    28, 1992, establish a system for oversight and regulation of pay-
    per-call services in order to provide for the protection of
    consumers in accordance with this chapter and other applicable
    Federal statutes and regulations. The Commission's final rules
    shall - 
        (1) include measures that provide a consumer of pay-per-call
      services with adequate and clear descriptions of the rights of
      the caller;
        (2) define the obligations of common carriers with respect to
      the provision of pay-per-call services;
        (3) include requirements on such carriers to protect against
      abusive practices by providers of pay-per-call services;
        (4) identify procedures by which common carriers and providers
      of pay-per-call services may take affirmative steps to protect
      against nonpayment of legitimate charges; and
        (5) require that any service described in subparagraphs (A) and
      (B) of subsection (i)(1) of this section be offered only through
      the use of certain telephone number prefixes and area codes.
    (c) Common carrier obligations
      Within 270 days after October 28, 1992, the Commission shall, by
    regulation, establish the following requirements for common
    carriers:
      (1) Contractual obligations to comply
        Any common carrier assigning to a provider of pay-per-call
      services a telephone number with a prefix or area code designated
      by the Commission in accordance with subsection (b)(5) of this
      section shall require by contract or tariff that such provider
      comply with the provisions of titles II and III of the Telephone
      Disclosure and Dispute Resolution Act [15 U.S.C. 5711 et seq.;
      5721 et seq.] and the regulations prescribed by the Federal Trade
      Commission pursuant to those titles.
      (2) Information availability
        A common carrier that by tariff or contract assigns a telephone
      number with a prefix or area code designated by the Commission in
      accordance with subsection (b)(5) of this section to a provider
      of a pay-per-call service shall make readily available on request
      to Federal and State agencies and other interested persons - 
          (A) a list of the telephone numbers for each of the pay-per-
        call services it carries;
          (B) a short description of each such service;
          (C) a statement of the total cost or the cost per minute and
        any other fees for each such service;
          (D) a statement of the pay-per-call service's name, business
        address, and business telephone; and
          (E) such other information as the Commission considers
        necessary for the enforcement of this section and other
        applicable Federal statutes and regulations.
      (3) Compliance procedures
        A common carrier that by contract or tariff assigns a telephone
      number with a prefix or area code designated by the Commission in
      accordance with subsection (b)(5) of this section to a provider
      of pay-per-call services shall terminate, in accordance with
      procedures specified in such regulations, the offering of a pay-
      per-call service of a provider if the carrier knows or
      reasonably should know that such service is not provided in
      compliance with title II or III of the Telephone Disclosure and
      Dispute Resolution Act [15 U.S.C. 5711 et seq.; 5721 et seq.] or
      the regulations prescribed by the Federal Trade Commission
      pursuant to such titles.
      (4) Subscriber disconnection prohibited
        A common carrier shall not disconnect or interrupt a
      subscriber's local exchange telephone service or long distance
      telephone service because of nonpayment of charges for any pay-
      per-call service.
      (5) Blocking and presubscription
        A common carrier that provides local exchange service shall - 
          (A) offer telephone subscribers (where technically feasible)
        the option of blocking access from their telephone number to
        all, or to certain specific, prefixes or area codes used by pay-
        per-call services, which option - 
            (i) shall be offered at no charge (I) to all subscribers
          for a period of 60 days after the issuance of the regulations
          under subsection (b) of this section, and (II) to any
          subscriber who subscribes to a new telephone number until 60
          days after the time the new telephone number is effective;
          and
            (ii) shall otherwise be offered at a reasonable fee; and

          (B) offer telephone subscribers (where the Commission
        determines it is technically and economically feasible), in
        combination with the blocking option described under
        subparagraph (A), the option of presubscribing to or blocking
        only specific pay-per-call services for a reasonable one-time
        charge.

      The regulations prescribed under subparagraph (A)(i) of this
      paragraph may permit the costs of such blocking to be recovered
      by contract or tariff, but such costs may not be recovered from
      local or long-distance ratepayers. Nothing in this subsection
      precludes a common carrier from filing its rates and regulations
      regarding blocking and presubscription in its interstate tariffs.
      (6) Verification of charitable status
        A common carrier that assigns by contract or tariff a telephone
      number with a prefix or area code designated by the Commission in
      accordance with subsection (b)(5) of this section to a provider
      of pay-per-call services that the carrier knows or reasonably
      should know is engaged in soliciting charitable contributions
      shall obtain from such provider proof of the tax exempt status of
      any person or organization for which contributions are solicited.
      (7) Billing for 800 calls
        A common carrier shall prohibit by tariff or contract the use
      of any 800 telephone number, or other telephone number advertised
      or widely understood to be toll free, in a manner that would
      result in - 
          (A) the calling party being assessed, by virtue of completing
        the call, a charge for the call;
          (B) the calling party being connected to a pay-per-call
        service;
          (C) the calling party being charged for information conveyed
        during the call unless - 
            (i) the calling party has a written agreement (including an
          agreement transmitted through electronic medium) that meets
          the requirements of paragraph (8); or
            (ii) the calling party is charged for the information in
          accordance with paragraph (9);

          (D) the calling party being called back collect for the
        provision of audio information services or simultaneous voice
        conversation services; or
          (E) the calling party being assessed, by virtue of being
        asked to connect or otherwise transfer to a pay-per-call
        service, a charge for the call.
      (8) Subscription agreements for billing for information provided
        via toll-free calls
        (A) In general
          For purposes of paragraph (7)(C)(i), a written subscription
        does not meet the requirements of this paragraph unless the
        agreement specifies the material terms and conditions under
        which the information is offered and includes - 
            (i) the rate at which charges are assessed for the
          information;
            (ii) the information provider's name;
            (iii) the information provider's business address;
            (iv) the information provider's regular business telephone
          number;
            (v) the information provider's agreement to notify the
          subscriber at least one billing cycle in advance of all
          future changes in the rates charged for the information; and
            (vi) the subscriber's choice of payment method, which may
          be by direct remit, debit, prepaid account, phone bill, or
          credit or calling card.
        (B) Billing arrangements
          If a subscriber elects, pursuant to subparagraph (A)(vi), to
        pay by means of a phone bill - 
            (i) the agreement shall clearly explain that the subscriber
          will be assessed for calls made to the information service
          from the subscriber's phone line;
            (ii) the phone bill shall include, in prominent type, the
          following disclaimer:
              "Common carriers may not disconnect local or long
            distance telephone service for failure to pay disputed
            charges for information services."; and

            (iii) the phone bill shall clearly list the 800 number
          dialed.
        (C) Use of PINs to prevent unauthorized use
          A written agreement does not meet the requirements of this
        paragraph unless it - 
            (i) includes a unique personal identification number or
          other subscriber-specific identifier and requires a
          subscriber to use this number or identifier to obtain access
          to the information provided and includes instructions on its
          use; and
            (ii) assures that any charges for services accessed by use
          of the subscriber's personal identification number or
          subscriber-specific identifier be assessed to subscriber's
          source of payment elected pursuant to subparagraph (A)(vi).
        (D) Exceptions
          Notwithstanding paragraph (7)(C), a written agreement that
        meets the requirements of this paragraph is not required - 
            (i) for calls utilizing telecommunications devices for the
          deaf;
            (ii) for directory services provided by a common carrier or
          its affiliate or by a local exchange carrier or its
          affiliate; or
            (iii) for any purchase of goods or of services that are not
          information services.
        (E) Termination of service
          On receipt by a common carrier of a complaint by any person
        that an information provider is in violation of the provisions
        of this section, a carrier shall - 
            (i) promptly investigate the complaint; and
            (ii) if the carrier reasonably determines that the
          complaint is valid, it may terminate the provision of service
          to an information provider unless the provider supplies
          evidence of a written agreement that meets the requirements
          of this section.
        (F) Treatment of remedies
          The remedies provided in this paragraph are in addition to
        any other remedies that are available under subchapter V of
        this chapter.
      (9) Charges by credit, prepaid, debit, charge, or calling card in
        absence of agreement
        For purposes of paragraph (7)(C)(ii), a calling party is not
      charged in accordance with this paragraph unless the calling
      party is charged by means of a credit, prepaid, debit, charge, or
      calling card and the information service provider includes in
      response to each call an introductory disclosure message that - 
          (A) clearly states that there is a charge for the call;
          (B) clearly states the service's total cost per minute and
        any other fees for the service or for any service to which the
        caller may be transferred;
          (C) explains that the charges must be billed on either a
        credit, prepaid, debit, charge, or calling card;
          (D) asks the caller for the card number;
          (E) clearly states that charges for the call begin at the end
        of the introductory message; and
          (F) clearly states that the caller can hang up at or before
        the end of the introductory message without incurring any
        charge whatsoever.
      (10) Bypass of introductory disclosure message
        The requirements of paragraph (9) shall not apply to calls from
      repeat callers using a bypass mechanism to avoid listening to the
      introductory message: Provided, That information providers shall
      disable such a bypass mechanism after the institution of any
      price increase and for a period of time determined to be
      sufficient by the Federal Trade Commission to give callers
      adequate and sufficient notice of a price increase.
      (11) "Calling card" defined
        As used in this subsection, the term "calling card" means an
      identifying number or code unique to the individual, that is
      issued to the individual by a common carrier and enables the
      individual to be charged by means of a phone bill for charges
      incurred independent of where the call originates.
    (d) Billing and collection practices
      The regulations required by this section shall require that any
    common carrier that by tariff or contract assigns a telephone
    number with a prefix or area code designated by the Commission in
    accordance with subsection (b)(5) of this section to a provider of
    a pay-per-call service and that offers billing and collection
    services to such provider - 
        (1) ensure that a subscriber is not billed - 
          (A) for pay-per-call services that such carrier knows or
        reasonably should know was provided in violation of the
        regulations issued pursuant to title II of the Telephone
        Disclosure and Dispute Resolution Act [15 U.S.C. 5711 et seq.];
        or
          (B) under such other circumstances as the Commission
        determines necessary in order to protect subscribers from
        abusive practices;

        (2) establish a local or a toll-free telephone number to answer
      questions and provide information on subscribers' rights and
      obligations with regard to their use of pay-per-call services and
      to provide to callers the name and mailing address of any
      provider of pay-per-call services offered by the common carrier;
        (3) within 60 days after the issuance of final regulations
      pursuant to subsection (b) of this section, provide, either
      directly or through contract with any local exchange carrier that
      provides billing or collection services to the common carrier, to
      all of such common carrier's telephone subscribers, to all new
      subscribers, and to all subscribers requesting service at a new
      location, a disclosure statement that sets forth all rights and
      obligations of the subscriber and the carrier with respect to the
      use and payment for pay-per-call services, including the right of
      a subscriber not to be billed and the applicable blocking option;
      and
        (4) in any billing to telephone subscribers that includes
      charges for any pay-per-call service - 
          (A) display any charges for pay-per-call services in a part
        of the subscriber's bill that is identified as not being
        related to local and long distance telephone charges;
          (B) for each charge so displayed, specify, at a minimum, the
        type of service, the amount of the charge, and the date, time,
        and duration of the call; and
          (C) identify the toll-free number established pursuant to
        paragraph (2).
    (e) Liability
      (1) Common carriers not liable for transmission or billing
        No common carrier shall be liable for a criminal or civil
      sanction or penalty solely because the carrier provided
      transmission or billing and collection for a pay-per-call service
      unless the carrier knew or reasonably should have known that such
      service was provided in violation of a provision of, or
      regulation prescribed pursuant to, title II or III of the
      Telephone Disclosure and Dispute Resolution Act [15 U.S.C. 5711
      et seq.; 5721 et seq.] or any other Federal law. This paragraph
      shall not prevent the Commission from imposing a sanction or
      penalty on a common carrier for a violation by that carrier of a
      regulation prescribed under this section.
      (2) Civil liability
        No cause of action may be brought in any court or
      administrative agency against any common carrier or any of its
      affiliates on account of any act of the carrier or affiliate to
      terminate any pay-per-call service in order to comply with the
      regulations prescribed under this section, title II or III of the
      Telephone Disclosure and Dispute Resolution Act [15 U.S.C. 5711
      et seq.; 5721 et seq.], or any other Federal law unless the
      complainant demonstrates that the carrier or affiliate did not
      act in good faith.
    (f) Special provisions
      (1) Consumer refund requirements
        The regulations required by subsection (d) of this section
      shall establish procedures, consistent with the provisions of
      titles II and III of the Telephone Disclosure and Dispute
      Resolution Act [15 U.S.C. 5711 et seq.; 5721 et seq.], to ensure
      that carriers and other parties providing billing and collection
      services with respect to pay-per-call services provide
      appropriate refunds to subscribers who have been billed for pay-
      per-call services pursuant to programs that have been found to
      have violated this section or such regulations, any provision of,
      or regulations prescribed pursuant to, title II or III of the
      Telephone Disclosure and Dispute Resolution Act, or any other
      Federal law.
      (2) Recovery of costs
        The regulations prescribed by the Commission under this section
      shall permit a common carrier to recover its cost of complying
      with such regulations from providers of pay-per-call services,
      but shall not permit such costs to be recovered from local or
      long distance ratepayers.
      (3) Recommendations on data pay-per-call
        The Commission, within one year after October 28, 1992, shall
      submit to the Congress the Commission's recommendations with
      respect to the extension of regulations under this section to
      persons that provide, for a per-call charge, data services that
      are not pay-per-call services.
    (g) Effect on other law
      (1) No preemption of election law
        Nothing in this section shall relieve any provider of pay-per-
      call services, common carrier, local exchange carrier, or any
      other person from the obligation to comply with Federal, State,
      and local election statutes and regulations.
      (2) Consumer protection laws
        Nothing in this section shall relieve any provider of pay-per-
      call services, common carrier, local exchange carrier, or any
      other person from the obligation to comply with any Federal,
      State, or local statute or regulation relating to consumer
      protection or unfair trade.
      (3) Gambling laws
        Nothing in this section shall preclude any State from enforcing
      its statutes and regulations with regard to lotteries, wagering,
      betting, and other gambling activities.
      (4) State authority
        Nothing in this section shall preclude any State from enacting
      and enforcing additional and complementary oversight and
      regulatory systems or procedures, or both, so long as such
      systems and procedures govern intrastate services and do not
      significantly impede the enforcement of this section or other
      Federal statutes.
      (5) Enforcement of existing regulations
        Nothing in this section shall be construed to prohibit the
      Commission from enforcing regulations prescribed prior to October
      28, 1992, in fulfilling the requirements of this section to the
      extent that such regulations are consistent with the provisions
      of this section.
    (h) Effect on dial-a-porn prohibitions
      Nothing in this section shall affect the provisions of section
    223 of this title.
    (i) "Pay-per-call services" defined
      For purposes of this section - 
        (1) The term "pay-per-call services" means any service - 
          (A) in which any person provides or purports to provide - 
            (i) audio information or audio entertainment produced or
          packaged by such person;
            (ii) access to simultaneous voice conversation services; or
            (iii) any service, including the provision of a product,
          the charges for which are assessed on the basis of the
          completion of the call;

          (B) for which the caller pays a per-call or per-time-interval
        charge that is greater than, or in addition to, the charge for
        transmission of the call; and
          (C) which is accessed through use of a 900 telephone number
        or other prefix or area code designated by the Commission in
        accordance with subsection (b)(5) of this section.

        (2) Such term does not include directory services provided by a
      common carrier or its affiliate or by a local exchange carrier or
      its affiliate, or any service for which users are assessed
      charges only after entering into a presubscription or comparable
      arrangement with the provider of such service.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 228, as added Pub. L. 102-
    556, title I, Sec. 101, Oct. 28, 1992, 106 Stat. 4182; amended
    Pub. L. 103-414, title III, Sec. 303(a)(13), (14), Oct. 25, 1994,
    108 Stat. 4294; Pub. L. 104-104, title VII, Sec. 701(a)(1), (b)(2),
    Feb. 8, 1996, 110 Stat. 145, 148.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Telephone Disclosure and Dispute Resolution Act, referred to
    in subsecs. (c)(1), (3), (d)(1)(A), (e), and (f)(1), is Pub. L. 102-
    556, Oct. 28, 1992, 106 Stat. 4181. Titles II and III of the Act
    are classified generally to subchapters I (Sec. 5711 et seq.) and
    II (Sec. 5721 et seq.), respectively, of chapter 83 of Title 15,
    Commerce and Trade. For complete classification of this Act to the
    Code, see section 5701(a) of Title 15 and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c)(7)(C). Pub. L. 104-104, Sec. 701(a)(1)(A),
    added subpar. (C) and struck out former subpar. (C) which read as
    follows: "the calling party being charged for information conveyed
    during the call unless the calling party has a preexisting
    agreement to be charged for the information or discloses a credit
    or charge card number during the call; or".
      Subsec. (c)(7)(E). Pub. L. 104-104, Sec. 701(a)(1)(B), added
    subpar. (E).
      Subsec. (c)(8) to (11). Pub. L. 104-104, Sec. 701(a)(1)(C), added
    pars. (8) to (11).
      Subsec. (i)(2). Pub. L. 104-104, Sec. 701(b)(2), struck out "or
    any service the charge for which is tariffed," after "local
    exchange carrier or its affiliate,".
      1994 - Subsec. (c)(2) to (7). Pub. L. 103-414, Sec. 303(a)(13),
    redesignated par. (2), relating to compliance procedures, as (3)
    and pars. (3) to (6) as (4) to (7), respectively.
      Subsec. (c)(7)(D). Pub. L. 103-414, Sec. 303(a)(14), which
    directed substitution of "conversation" for "conservation" in par.
    (6)(D), was executed by making the substitution in par. (7)(D) to
    reflect the probable intent of Congress and the redesignation of
    par. (6) as (7) by Pub. L. 103-414, Sec. 303(a)(13). See above.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 701(a)(3) of Pub. L. 104-104 provided that: "The
    amendments made by paragraph (1) [amending this section] shall take
    effect on the date of enactment of this Act [Feb. 8, 1996]."

                                REGULATIONS                            
      Section 701(a)(2) of Pub. L. 104-104 provided that: "The Federal
    Communications Commission shall revise its regulations to comply
    with the amendment made by paragraph (1) [amending this section]
    not later than 180 days after the date of enactment of this Act
    [Feb. 8, 1996]."

-End-

-CITE-
    47 USC Sec. 229                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 229. Communications Assistance for Law Enforcement Act
      compliance

-STATUTE-
    (a) In general
      The Commission shall prescribe such rules as are necessary to
    implement the requirements of the Communications Assistance for Law
    Enforcement Act [47 U.S.C. 1001 et seq.].
    (b) Systems security and integrity
      The rules prescribed pursuant to subsection (a) of this section
    shall include rules to implement section 105 of the Communications
    Assistance for Law Enforcement Act [47 U.S.C. 1004] that require
    common carriers - 
        (1) to establish appropriate policies and procedures for the
      supervision and control of its officers and employees - 
          (A) to require appropriate authorization to activate
        interception of communications or access to call-identifying
        information; and
          (B) to prevent any such interception or access without such
        authorization;

        (2) to maintain secure and accurate records of any interception
      or access with or without such authorization; and
        (3) to submit to the Commission the policies and procedures
      adopted to comply with the requirements established under
      paragraphs (1) and (2).
    (c) Commission review of compliance
      The Commission shall review the policies and procedures submitted
    under subsection (b)(3) of this section and shall order a common
    carrier to modify any such policy or procedure that the Commission
    determines does not comply with Commission regulations. The
    Commission shall conduct such investigations as may be necessary to
    insure compliance by common carriers with the requirements of the
    regulations prescribed under this section.
    (d) Penalties
      For purposes of this chapter, a violation by an officer or
    employee of any policy or procedure adopted by a common carrier
    pursuant to subsection (b) of this section, or of a rule prescribed
    by the Commission pursuant to subsection (a) of this section, shall
    be considered to be a violation by the carrier of a rule prescribed
    by the Commission pursuant to this chapter.
    (e) Cost recovery for Communications Assistance for Law Enforcement
      Act compliance
      (1) Petitions authorized
        A common carrier may petition the Commission to adjust charges,
      practices, classifications, and regulations to recover costs
      expended for making modifications to equipment, facilities, or
      services pursuant to the requirements of section 103 of the
      Communications Assistance for Law Enforcement Act [47 U.S.C.
      1002].
      (2) Commission authority
        The Commission may grant, with or without modification, a
      petition under paragraph (1) if the Commission determines that
      such costs are reasonable and that permitting recovery is
      consistent with the public interest. The Commission may,
      consistent with maintaining just and reasonable charges,
      practices, classifications, and regulations in connection with
      the provision of interstate or foreign communication by wire or
      radio by a common carrier, allow carriers to adjust such charges,
      practices, classifications, and regulations in order to carry out
      the purposes of this chapter.
      (3) Joint board
        The Commission shall convene a Federal-State joint board to
      recommend appropriate changes to part 36 of the Commission's
      rules with respect to recovery of costs pursuant to charges,
      practices, classifications, and regulations under the
      jurisdiction of the Commission.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 229, as added Pub. L. 103-
    414, title III, Sec. 301, Oct. 25, 1994, 108 Stat. 4292.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Communications Assistance for Law Enforcement Act, referred
    to in subsecs. (a) and (e), is title I of Pub. L. 103-414, Oct. 25,
    1994, 108 Stat. 4279, which is classified generally to subchapter I
    (Sec. 1001 et seq.) of chapter 9 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1001 of this title and Tables.

-End-

-CITE-
    47 USC Sec. 230                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 230. Protection for private blocking and screening of
      offensive material

-STATUTE-
    (a) Findings
      The Congress finds the following:
        (1) The rapidly developing array of Internet and other
      interactive computer services available to individual Americans
      represent an extraordinary advance in the availability of
      educational and informational resources to our citizens.
        (2) These services offer users a great degree of control over
      the information that they receive, as well as the potential for
      even greater control in the future as technology develops.
        (3) The Internet and other interactive computer services offer
      a forum for a true diversity of political discourse, unique
      opportunities for cultural development, and myriad avenues for
      intellectual activity.
        (4) The Internet and other interactive computer services have
      flourished, to the benefit of all Americans, with a minimum of
      government regulation.
        (5) Increasingly Americans are relying on interactive media for
      a variety of political, educational, cultural, and entertainment
      services.
    (b) Policy
      It is the policy of the United States - 
        (1) to promote the continued development of the Internet and
      other interactive computer services and other interactive media;
        (2) to preserve the vibrant and competitive free market that
      presently exists for the Internet and other interactive computer
      services, unfettered by Federal or State regulation;
        (3) to encourage the development of technologies which maximize
      user control over what information is received by individuals,
      families, and schools who use the Internet and other interactive
      computer services;
        (4) to remove disincentives for the development and utilization
      of blocking and filtering technologies that empower parents to
      restrict their children's access to objectionable or
      inappropriate online material; and
        (5) to ensure vigorous enforcement of Federal criminal laws to
      deter and punish trafficking in obscenity, stalking, and
      harassment by means of computer.
    (c) Protection for "Good Samaritan" blocking and screening of
      offensive material
      (1) Treatment of publisher or speaker
        No provider or user of an interactive computer service shall be
      treated as the publisher or speaker of any information provided
      by another information content provider.
      (2) Civil liability
        No provider or user of an interactive computer service shall be
      held liable on account of - 
          (A) any action voluntarily taken in good faith to restrict
        access to or availability of material that the provider or user
        considers to be obscene, lewd, lascivious, filthy, excessively
        violent, harassing, or otherwise objectionable, whether or not
        such material is constitutionally protected; or
          (B) any action taken to enable or make available to
        information content providers or others the technical means to
        restrict access to material described in paragraph (1).(!1)

    (d) Obligations of interactive computer service
      A provider of interactive computer service shall, at the time of
    entering an agreement with a customer for the provision of
    interactive computer service and in a manner deemed appropriate by
    the provider, notify such customer that parental control
    protections (such as computer hardware, software, or filtering
    services) are commercially available that may assist the customer
    in limiting access to material that is harmful to minors. Such
    notice shall identify, or provide the customer with access to
    information identifying, current providers of such protections.
    (e) Effect on other laws
      (1) No effect on criminal law
        Nothing in this section shall be construed to impair the
      enforcement of section 223 or 231 of this title, chapter 71
      (relating to obscenity) or 110 (relating to sexual exploitation
      of children) of title 18, or any other Federal criminal statute.
      (2) No effect on intellectual property law
        Nothing in this section shall be construed to limit or expand
      any law pertaining to intellectual property.
      (3) State law
        Nothing in this section shall be construed to prevent any State
      from enforcing any State law that is consistent with this
      section. No cause of action may be brought and no liability may
      be imposed under any State or local law that is inconsistent with
      this section.
      (4) No effect on communications privacy law
        Nothing in this section shall be construed to limit the
      application of the Electronic Communications Privacy Act of 1986
      or any of the amendments made by such Act, or any similar State
      law.
    (f) Definitions
      As used in this section:
      (1) Internet
        The term "Internet" means the international computer network of
      both Federal and non-Federal interoperable packet switched data
      networks.
      (2) Interactive computer service
        The term "interactive computer service" means any information
      service, system, or access software provider that provides or
      enables computer access by multiple users to a computer server,
      including specifically a service or system that provides access
      to the Internet and such systems operated or services offered by
      libraries or educational institutions.
      (3) Information content provider
        The term "information content provider" means any person or
      entity that is responsible, in whole or in part, for the creation
      or development of information provided through the Internet or
      any other interactive computer service.
      (4) Access software provider
        The term "access software provider" means a provider of
      software (including client or server software), or enabling tools
      that do any one or more of the following:
          (A) filter, screen, allow, or disallow content;
          (B) pick, choose, analyze, or digest content; or
          (C) transmit, receive, display, forward, cache, search,
        subset, organize, reorganize, or translate content.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 230, as added Pub. L. 104-
    104, title V, Sec. 509, Feb. 8, 1996, 110 Stat. 137; amended Pub.
    L. 105-277, div. C, title XIV, Sec. 1404(a), Oct. 21, 1998, 112
    Stat. 2681-739.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Electronic Communications Privacy Act of 1986, referred to in
    subsec. (e)(4), is Pub. L. 99-508, Oct. 21, 1986, 100 Stat. 1848,
    as amended. For complete classification of this Act to the Code,
    see Short Title of 1986 Amendment note set out under section 2510
    of Title 18, Crimes and Criminal Procedure, and Tables.

-COD-
                               CODIFICATION                           
      Section 509 of Pub. L. 104-104, which directed amendment of title
    II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) by
    adding section 230 at end, was executed by adding the section at
    end of part I of title II of the Act to reflect the probable intent
    of Congress and amendments by sections 101(a), (b), and 151(a) of
    Pub. L. 104-104 designating Secs. 201 to 229 as part I and adding
    parts II (Sec. 251 et seq.) and III (Sec. 271 et seq.) to title II
    of the Act.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (d). Pub. L. 105-277, Sec. 1404(a)(3), added
    subsec. (d). Former subsec. (d) redesignated (e).
      Subsec. (d)(1). Pub. L. 105-277, Sec. 1404(a)(1), inserted "or
    231" after "section 223".
      Subsecs. (e), (f). Pub. L. 105-277, Sec. 1404(a)(2), redesignated
    subsecs. (d) and (e) as (e) and (f), respectively.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective 30 days after Oct. 21,
    1998, see section 1406 of Pub. L. 105-277, set out as a note under
    section 223 of this title.

-FOOTNOTE-               

    (!1) So in original. Probably should be "subparagraph (A)."

-End-

-CITE-
    47 USC Sec. 231                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part I - Common Carrier Regulation

-HEAD-
    Sec. 231. Restriction of access by minors to materials commercially
      distributed by means of World Wide Web that are harmful to minors

-STATUTE-
    (a) Requirement to restrict access
      (1) Prohibited conduct
        Whoever knowingly and with knowledge of the character of the
      material, in interstate or foreign commerce by means of the World
      Wide Web, makes any communication for commercial purposes that is
      available to any minor and that includes any material that is
      harmful to minors shall be fined not more than $50,000,
      imprisoned not more than 6 months, or both.
      (2) Intentional violations
        In addition to the penalties under paragraph (1), whoever
      intentionally violates such paragraph shall be subject to a fine
      of not more than $50,000 for each violation. For purposes of this
      paragraph, each day of violation shall constitute a separate
      violation.
      (3) Civil penalty
        In addition to the penalties under paragraphs (1) and (2),
      whoever violates paragraph (1) shall be subject to a civil
      penalty of not more than $50,000 for each violation. For purposes
      of this paragraph, each day of violation shall constitute a
      separate violation.
    (b) Inapplicability of carriers and other service providers
      For purposes of subsection (a) of this section, a person shall
    not be considered to make any communication for commercial purposes
    to the extent that such person is - 
        (1) a telecommunications carrier engaged in the provision of a
      telecommunications service;
        (2) a person engaged in the business of providing an Internet
      access service;
        (3) a person engaged in the business of providing an Internet
      information location tool; or
        (4) similarly engaged in the transmission, storage, retrieval,
      hosting, formatting, or translation (or any combination thereof)
      of a communication made by another person, without selection or
      alteration of the content of the communication, except that such
      person's deletion of a particular communication or material made
      by another person in a manner consistent with subsection (c) of
      this section or section 230 of this title shall not constitute
      such selection or alteration of the content of the communication.
    (c) Affirmative defense
      (1) Defense
        It is an affirmative defense to prosecution under this section
      that the defendant, in good faith, has restricted access by
      minors to material that is harmful to minors - 
          (A) by requiring use of a credit card, debit account, adult
        access code, or adult personal identification number;
          (B) by accepting a digital certificate that verifies age; or
          (C) by any other reasonable measures that are feasible under
        available technology.
      (2) Protection for use of defenses
        No cause of action may be brought in any court or
      administrative agency against any person on account of any
      activity that is not in violation of any law punishable by
      criminal or civil penalty, and that the person has taken in good
      faith to implement a defense authorized under this subsection or
      otherwise to restrict or prevent the transmission of, or access
      to, a communication specified in this section.
    (d) Privacy protection requirements
      (1) Disclosure of information limited
        A person making a communication described in subsection (a) of
      this section - 
          (A) shall not disclose any information collected for the
        purposes of restricting access to such communications to
        individuals 17 years of age or older without the prior written
        or electronic consent of - 
            (i) the individual concerned, if the individual is an
          adult; or
            (ii) the individual's parent or guardian, if the individual
          is under 17 years of age; and

          (B) shall take such actions as are necessary to prevent
        unauthorized access to such information by a person other than
        the person making such communication and the recipient of such
        communication.
      (2) Exceptions
        A person making a communication described in subsection (a) of
      this section may disclose such information if the disclosure is -
      
          (A) necessary to make the communication or conduct a
        legitimate business activity related to making the
        communication; or
          (B) made pursuant to a court order authorizing such
        disclosure.
    (e) Definitions
      For purposes of this subsection,(!1) the following definitions
    shall apply:

      (1) By means of the World Wide Web
        The term "by means of the World Wide Web" means by placement of
      material in a computer server-based file archive so that it is
      publicly accessible, over the Internet, using hypertext transfer
      protocol or any successor protocol.
      (2) Commercial purposes; engaged in the business
        (A) Commercial purposes
          A person shall be considered to make a communication for
        commercial purposes only if such person is engaged in the
        business of making such communications.
        (B) Engaged in the business
          The term "engaged in the business" means that the person who
        makes a communication, or offers to make a communication, by
        means of the World Wide Web, that includes any material that is
        harmful to minors, devotes time, attention, or labor to such
        activities, as a regular course of such person's trade or
        business, with the objective of earning a profit as a result of
        such activities (although it is not necessary that the person
        make a profit or that the making or offering to make such
        communications be the person's sole or principal business or
        source of income). A person may be considered to be engaged in
        the business of making, by means of the World Wide Web,
        communications for commercial purposes that include material
        that is harmful to minors, only if the person knowingly causes
        the material that is harmful to minors to be posted on the
        World Wide Web or knowingly solicits such material to be posted
        on the World Wide Web.
      (3) Internet
        The term "Internet" means the combination of computer
      facilities and electromagnetic transmission media, and related
      equipment and software, comprising the interconnected worldwide
      network of computer networks that employ the Transmission Control
      Protocol/Internet Protocol or any successor protocol to transmit
      information.
      (4) Internet access service
        The term "Internet access service" means a service that enables
      users to access content, information, electronic mail, or other
      services offered over the Internet, and may also include access
      to proprietary content, information, and other services as part
      of a package of services offered to consumers. Such term does not
      include telecommunications services.
      (5) Internet information location tool
        The term "Internet information location tool" means a service
      that refers or links users to an online location on the World
      Wide Web. Such term includes directories, indices, references,
      pointers, and hypertext links.
      (6) Material that is harmful to minors
        The term "material that is harmful to minors" means any
      communication, picture, image, graphic image file, article,
      recording, writing, or other matter of any kind that is obscene
      or that - 
          (A) the average person, applying contemporary community
        standards, would find, taking the material as a whole and with
        respect to minors, is designed to appeal to, or is designed to
        pander to, the prurient interest;
          (B) depicts, describes, or represents, in a manner patently
        offensive with respect to minors, an actual or simulated sexual
        act or sexual contact, an actual or simulated normal or
        perverted sexual act, or a lewd exhibition of the genitals or
        post-pubescent female breast; and
          (C) taken as a whole, lacks serious literary, artistic,
        political, or scientific value for minors.
      (7) Minor
        The term "minor" means any person under 17 years of age.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 231, as added Pub. L. 105-
    277, div. C, title XIV, Sec. 1403, Oct. 21, 1998, 112 Stat. 2681-
    736.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 30 days after Oct. 21, 1998, see section 1406
    of Pub. L. 105-277, set out as a note under section 223 of this
    title.

                          CONGRESSIONAL FINDINGS                      
      Pub. L. 105-277, div. C, title XIV, Sec. 1402, Oct. 21, 1998, 112
    Stat. 2681-736, provided that: "The Congress finds that - 
        "(1) while custody, care, and nurture of the child resides
      first with the parent, the widespread availability of the
      Internet presents opportunities for minors to access materials
      through the World Wide Web in a manner that can frustrate
      parental supervision or control;
        "(2) the protection of the physical and psychological well-
      being of minors by shielding them from materials that are
      harmful to them is a compelling governmental interest;
        "(3) to date, while the industry has developed innovative ways
      to help parents and educators restrict material that is harmful
      to minors through parental control protections and self-
      regulation, such efforts have not provided a national solution
      to the problem of minors accessing harmful material on the World
      Wide Web;
        "(4) a prohibition on the distribution of material harmful to
      minors, combined with legitimate defenses, is currently the most
      effective and least restrictive means by which to satisfy the
      compelling government interest; and
        "(5) notwithstanding the existence of protections that limit
      the distribution over the World Wide Web of material that is
      harmful to minors, parents, educators, and industry must continue
      efforts to find ways to protect children from being exposed to
      harmful material found on the Internet."

              STUDY BY COMMISSION ON ONLINE CHILD PROTECTION          
      Pub. L. 105-277, div. C, title XIV, Sec. 1405, Oct. 21, 1998, 112
    Stat. 2681-739, as amended by Pub. L. 106-113, div. B, Sec.
    1000(a)(9) [title V, Sec. 5001(b)-(f), Nov. 29, 1999, 113 Stat.
    1536, 1501A-591, 1501-592; Pub. L. 106-229, title IV, Sec. 401,
    June 30, 2000, 114 Stat. 476, provided that:
      "(a) Establishment. - There is hereby established a temporary
    Commission to be known as the Commission on Online Child Protection
    (in this section referred to as the 'Commission') for the purpose
    of conducting a study under this section regarding methods to help
    reduce access by minors to material that is harmful to minors on
    the Internet.
      "(b) Membership. - The Commission shall be composed of 19
    members, as follows:
        "(1) Industry members. - The Commission shall include 16
      members who shall consist of representatives of - 
          "(A) providers of Internet filtering or blocking services or
        software;
          "(B) Internet access services;
          "(C) labeling or ratings services;
          "(D) Internet portal or search services;
          "(E) domain name registration services;
          "(F) academic experts; and
          "(G) providers that make content available over the Internet.
      Of the members of the Commission by reason of this paragraph, an
      equal number shall be appointed by the Speaker of the House of
      Representatives and by the Majority Leader of the Senate. Members
      of the Commission appointed on or before October 31, 1999, shall
      remain members.
        "(2) Ex officio members. - The Commission shall include the
      following officials:
          "(A) The Assistant Secretary (or the Assistant Secretary's
        designee).
          "(B) The Attorney General (or the Attorney General's
        designee).
          "(C) The Chairman of the Federal Trade Commission (or the
        Chairman's designee).
        "(3) Prohibition of pay. - Members of the Commission shall not
      receive any pay by reason of their membership on the Commission.
      "(c) First Meeting. - The Commission shall hold its first meeting
    not later than March 31, 2000.
      "(d) Chairperson. - The chairperson of the Commission shall be
    elected by a vote of a majority of the members, which shall take
    place not later than 30 days after the first meeting of the
    Commission.
      "(e) Study. - 
        "(1) In general. - The Commission shall conduct a study to
      identify technological or other methods that - 
          "(A) will help reduce access by minors to material that is
        harmful to minors on the Internet; and
          "(B) may meet the requirements for use as affirmative
        defenses for purposes of section 231(c) of the Communications
        Act of 1934 [47 U.S.C. 231(c)] (as added by this title).
        "Any methods so identified shall be used as the basis for
      making legislative recommendations to the Congress under
      subsection (d)(3).
        "(2) Specific methods. - In carrying out the study, the
      Commission shall identify and analyze various technological tools
      and methods for protecting minors from material that is harmful
      to minors, which shall include (without limitation) - 
          "(A) a common resource for parents to use to help protect
        minors (such as a 'one-click-away' resource);
          "(B) filtering or blocking software or services;
          "(C) labeling or rating systems;
          "(D) age verification systems;
          "(E) the establishment of a domain name for posting of any
        material that is harmful to minors; and
          "(F) any other existing or proposed technologies or methods
        for reducing access by minors to such material.
        "(3) Analysis. - In analyzing technologies and other methods
      identified pursuant to paragraph (2), the Commission shall
      examine - 
          "(A) the cost of such technologies and methods;
          "(B) the effects of such technologies and methods on law
        enforcement entities;
          "(C) the effects of such technologies and methods on privacy;
          "(D) the extent to which material that is harmful to minors
        is globally distributed and the effect of such technologies and
        methods on such distribution;
          "(E) the accessibility of such technologies and methods to
        parents; and
          "(F) such other factors and issues as the Commission
        considers relevant and appropriate.
      "(f) Report. - Not later than 2 years after the enactment of this
    Act [Oct. 21, 1998], the Commission shall submit a report to the
    Congress containing the results of the study under this section,
    which shall include - 
        "(1) a description of the technologies and methods identified
      by the study and the results of the analysis of each such
      technology and method;
        "(2) the conclusions and recommendations of the Commission
      regarding each such technology or method;
        "(3) recommendations for legislative or administrative actions
      to implement the conclusions of the committee; and
        "(4) a description of the technologies or methods identified by
      the study that may meet the requirements for use as affirmative
      defenses for purposes of section 231(c) of the Communications Act
      of 1934 [47 U.S.C. 231(c)] (as added by this title).
      "(g) Rules of the Commission. - 
        "(1) Quorum. - Nine members of the Commission shall constitute
      a quorum for conducting the business of the Commission.
        "(2) Meetings. - Any meetings held by the Commission shall be
      duly noticed at least 14 days in advance and shall be open to the
      public.
        "(3) Opportunities to testify. - The Commission shall provide
      opportunities for representatives of the general public to
      testify.
        "(4) Additional rules. - The Commission may adopt other rules
      as necessary to carry out this section.
      "(h) Gifts, Bequests, and Devises. - The Commission may accept,
    use, and dispose of gifts, bequests, or devises of services or
    property, both real (including the use of office space) and
    personal, for the purpose of aiding or facilitating the work of the
    Commission. Gifts or grants not used at the termination of the
    Commission shall be returned to the donor or grantee.
      "(l)[i] Termination. - The Commission shall terminate 30 days
    after the submission of the report under subsection (d) or November
    30, 2000, whichever occurs earlier.
      "(m)[j] Inapplicability of Federal Advisory Committee Act. - The
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
    the Commission."

-FOOTNOTE-
    (!1) So in original. Probably should be "section,".

-End-

-CITE-
    47 USC Part II - Development of Competitive Markets         01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
               PART II - DEVELOPMENT OF COMPETITIVE MARKETS           

-End-

-CITE-
    47 USC Sec. 251                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 251. Interconnection

-STATUTE-
    (a) General duty of telecommunications carriers
      Each telecommunications carrier has the duty - 
        (1) to interconnect directly or indirectly with the facilities
      and equipment of other telecommunications carriers; and
        (2) not to install network features, functions, or capabilities
      that do not comply with the guidelines and standards established
      pursuant to section 255 or 256 of this title.
    (b) Obligations of all local exchange carriers
      Each local exchange carrier has the following duties:
      (1) Resale
        The duty not to prohibit, and not to impose unreasonable or
      discriminatory conditions or limitations on, the resale of its
      telecommunications services.
      (2) Number portability
        The duty to provide, to the extent technically feasible, number
      portability in accordance with requirements prescribed by the
      Commission.
      (3) Dialing parity
        The duty to provide dialing parity to competing providers of
      telephone exchange service and telephone toll service, and the
      duty to permit all such providers to have nondiscriminatory
      access to telephone numbers, operator services, directory
      assistance, and directory listing, with no unreasonable dialing
      delays.
      (4) Access to rights-of-way
        The duty to afford access to the poles, ducts, conduits, and
      rights-of-way of such carrier to competing providers of
      telecommunications services on rates, terms, and conditions that
      are consistent with section 224 of this title.
      (5) Reciprocal compensation
        The duty to establish reciprocal compensation arrangements for
      the transport and termination of telecommunications.
    (c) Additional obligations of incumbent local exchange carriers
      In addition to the duties contained in subsection (b) of this
    section, each incumbent local exchange carrier has the following
    duties:
      (1) Duty to negotiate
        The duty to negotiate in good faith in accordance with section
      252 of this title the particular terms and conditions of
      agreements to fulfill the duties described in paragraphs (1)
      through (5) of subsection (b) of this section and this
      subsection. The requesting telecommunications carrier also has
      the duty to negotiate in good faith the terms and conditions of
      such agreements.
      (2) Interconnection
        The duty to provide, for the facilities and equipment of any
      requesting telecommunications carrier, interconnection with the
      local exchange carrier's network - 
          (A) for the transmission and routing of telephone exchange
        service and exchange access;
          (B) at any technically feasible point within the carrier's
        network;
          (C) that is at least equal in quality to that provided by the
        local exchange carrier to itself or to any subsidiary,
        affiliate, or any other party to which the carrier provides
        interconnection; and
          (D) on rates, terms, and conditions that are just,
        reasonable, and nondiscriminatory, in accordance with the terms
        and conditions of the agreement and the requirements of this
        section and section 252 of this title.
      (3) Unbundled access
        The duty to provide, to any requesting telecommunications
      carrier for the provision of a telecommunications service,
      nondiscriminatory access to network elements on an unbundled
      basis at any technically feasible point on rates, terms, and
      conditions that are just, reasonable, and nondiscriminatory in
      accordance with the terms and conditions of the agreement and the
      requirements of this section and section 252 of this title. An
      incumbent local exchange carrier shall provide such unbundled
      network elements in a manner that allows requesting carriers to
      combine such elements in order to provide such telecommunications
      service.
      (4) Resale
        The duty - 
          (A) to offer for resale at wholesale rates any
        telecommunications service that the carrier provides at retail
        to subscribers who are not telecommunications carriers; and
          (B) not to prohibit, and not to impose unreasonable or
        discriminatory conditions or limitations on, the resale of such
        telecommunications service, except that a State commission may,
        consistent with regulations prescribed by the Commission under
        this section, prohibit a reseller that obtains at wholesale
        rates a telecommunications service that is available at retail
        only to a category of subscribers from offering such service to
        a different category of subscribers.
      (5) Notice of changes
        The duty to provide reasonable public notice of changes in the
      information necessary for the transmission and routing of
      services using that local exchange carrier's facilities or
      networks, as well as of any other changes that would affect the
      interoperability of those facilities and networks.
      (6) Collocation
        The duty to provide, on rates, terms, and conditions that are
      just, reasonable, and nondiscriminatory, for physical collocation
      of equipment necessary for interconnection or access to unbundled
      network elements at the premises of the local exchange carrier,
      except that the carrier may provide for virtual collocation if
      the local exchange carrier demonstrates to the State commission
      that physical collocation is not practical for technical reasons
      or because of space limitations.
    (d) Implementation
      (1) In general
        Within 6 months after February 8, 1996, the Commission shall
      complete all actions necessary to establish regulations to
      implement the requirements of this section.
      (2) Access standards
        In determining what network elements should be made available
      for purposes of subsection (c)(3) of this section, the Commission
      shall consider, at a minimum, whether - 
          (A) access to such network elements as are proprietary in
        nature is necessary; and
          (B) the failure to provide access to such network elements
        would impair the ability of the telecommunications carrier
        seeking access to provide the services that it seeks to offer.
      (3) Preservation of State access regulations
        In prescribing and enforcing regulations to implement the
      requirements of this section, the Commission shall not preclude
      the enforcement of any regulation, order, or policy of a State
      commission that - 
          (A) establishes access and interconnection obligations of
        local exchange carriers;
          (B) is consistent with the requirements of this section; and
          (C) does not substantially prevent implementation of the
        requirements of this section and the purposes of this part.
    (e) Numbering administration
      (1) Commission authority and jurisdiction
        The Commission shall create or designate one or more impartial
      entities to administer telecommunications numbering and to make
      such numbers available on an equitable basis. The Commission
      shall have exclusive jurisdiction over those portions of the
      North American Numbering Plan that pertain to the United States.
      Nothing in this paragraph shall preclude the Commission from
      delegating to State commissions or other entities all or any
      portion of such jurisdiction.
      (2) Costs
        The cost of establishing telecommunications numbering
      administration arrangements and number portability shall be borne
      by all telecommunications carriers on a competitively neutral
      basis as determined by the Commission.
      (3) Universal emergency telephone number
        The Commission and any agency or entity to which the Commission
      has delegated authority under this subsection shall designate 9-1-
      1 as the universal emergency telephone number within the United
      States for reporting an emergency to appropriate authorities and
      requesting assistance. The designation shall apply to both
      wireline and wireless telephone service. In making the
      designation, the Commission (and any such agency or entity) shall
      provide appropriate transition periods for areas in which 9-1-1
      is not in use as an emergency telephone number on October 26,
      1999.
    (f) Exemptions, suspensions, and modifications
      (1) Exemption for certain rural telephone companies
        (A) Exemption
          Subsection (c) of this section shall not apply to a rural
        telephone company until (i) such company has received a bona
        fide request for interconnection, services, or network
        elements, and (ii) the State commission determines (under
        subparagraph (B)) that such request is not unduly economically
        burdensome, is technically feasible, and is consistent with
        section 254 of this title (other than subsections (b)(7) and
        (c)(1)(D) thereof).
        (B) State termination of exemption and implementation schedule
          The party making a bona fide request of a rural telephone
        company for interconnection, services, or network elements
        shall submit a notice of its request to the State commission.
        The State commission shall conduct an inquiry for the purpose
        of determining whether to terminate the exemption under
        subparagraph (A). Within 120 days after the State commission
        receives notice of the request, the State commission shall
        terminate the exemption if the request is not unduly
        economically burdensome, is technically feasible, and is
        consistent with section 254 of this title (other than
        subsections (b)(7) and (c)(1)(D) thereof). Upon termination of
        the exemption, a State commission shall establish an
        implementation schedule for compliance with the request that is
        consistent in time and manner with Commission regulations.
        (C) Limitation on exemption
          The exemption provided by this paragraph shall not apply with
        respect to a request under subsection (c) of this section from
        a cable operator providing video programming, and seeking to
        provide any telecommunications service, in the area in which
        the rural telephone company provides video programming. The
        limitation contained in this subparagraph shall not apply to a
        rural telephone company that is providing video programming on
        February 8, 1996.
      (2) Suspensions and modifications for rural carriers
        A local exchange carrier with fewer than 2 percent of the
      Nation's subscriber lines installed in the aggregate nationwide
      may petition a State commission for a suspension or modification
      of the application of a requirement or requirements of subsection
      (b) or (c) of this section to telephone exchange service
      facilities specified in such petition. The State commission shall
      grant such petition to the extent that, and for such duration as,
      the State commission determines that such suspension or
      modification - 
          (A) is necessary - 
            (i) to avoid a significant adverse economic impact on users
          of telecommunications services generally;
            (ii) to avoid imposing a requirement that is unduly
          economically burdensome; or
            (iii) to avoid imposing a requirement that is technically
          infeasible; and

          (B) is consistent with the public interest, convenience, and
        necessity.

      The State commission shall act upon any petition filed under this
      paragraph within 180 days after receiving such petition. Pending
      such action, the State commission may suspend enforcement of the
      requirement or requirements to which the petition applies with
      respect to the petitioning carrier or carriers.
    (g) Continued enforcement of exchange access and interconnection
      requirements
      On and after February 8, 1996, each local exchange carrier, to
    the extent that it provides wireline services, shall provide
    exchange access, information access, and exchange services for such
    access to interexchange carriers and information service providers
    in accordance with the same equal access and nondiscriminatory
    interconnection restrictions and obligations (including receipt of
    compensation) that apply to such carrier on the date immediately
    preceding February 8, 1996, under any court order, consent decree,
    or regulation, order, or policy of the Commission, until such
    restrictions and obligations are explicitly superseded by
    regulations prescribed by the Commission after February 8, 1996.
    During the period beginning on February 8, 1996, and until such
    restrictions and obligations are so superseded, such restrictions
    and obligations shall be enforceable in the same manner as
    regulations of the Commission.
    (h) "Incumbent local exchange carrier" defined
      (1) Definition
        For purposes of this section, the term "incumbent local
      exchange carrier" means, with respect to an area, the local
      exchange carrier that - 
          (A) on February 8, 1996, provided telephone exchange service
        in such area; and
          (B)(i) on February 8, 1996, was deemed to be a member of the
        exchange carrier association pursuant to section 69.601(b) of
        the Commission's regulations (47 C.F.R. 69.601(b)); or
          (ii) is a person or entity that, on or after February 8,
        1996, became a successor or assign of a member described in
        clause (i).
      (2) Treatment of comparable carriers as incumbents
        The Commission may, by rule, provide for the treatment of a
      local exchange carrier (or class or category thereof) as an
      incumbent local exchange carrier for purposes of this section if -
       
          (A) such carrier occupies a position in the market for
        telephone exchange service within an area that is comparable to
        the position occupied by a carrier described in paragraph (1);
          (B) such carrier has substantially replaced an incumbent
        local exchange carrier described in paragraph (1); and
          (C) such treatment is consistent with the public interest,
        convenience, and necessity and the purposes of this section.
    (i) Savings provision
      Nothing in this section shall be construed to limit or otherwise
    affect the Commission's authority under section 201 of this title.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 251, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 61; amended
    Pub. L. 106-81, Sec. 3(a), Oct. 26, 1999, 113 Stat. 1287.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (e)(3). Pub. L. 106-81 added par. (3).

-End-

-CITE-
    47 USC Sec. 252                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 252. Procedures for negotiation, arbitration, and approval of
      agreements

-STATUTE-
    (a) Agreements arrived at through negotiation
      (1) Voluntary negotiations
        Upon receiving a request for interconnection, services, or
      network elements pursuant to section 251 of this title, an
      incumbent local exchange carrier may negotiate and enter into a
      binding agreement with the requesting telecommunications carrier
      or carriers without regard to the standards set forth in
      subsections (b) and (c) of section 251 of this title. The
      agreement shall include a detailed schedule of itemized charges
      for interconnection and each service or network element included
      in the agreement. The agreement, including any interconnection
      agreement negotiated before February 8, 1996, shall be submitted
      to the State commission under subsection (e) of this section.
      (2) Mediation
        Any party negotiating an agreement under this section may, at
      any point in the negotiation, ask a State commission to
      participate in the negotiation and to mediate any differences
      arising in the course of the negotiation.
    (b) Agreements arrived at through compulsory arbitration
      (1) Arbitration
        During the period from the 135th to the 160th day (inclusive)
      after the date on which an incumbent local exchange carrier
      receives a request for negotiation under this section, the
      carrier or any other party to the negotiation may petition a
      State commission to arbitrate any open issues.
      (2) Duty of petitioner
        (A) A party that petitions a State commission under paragraph
      (1) shall, at the same time as it submits the petition, provide
      the State commission all relevant documentation concerning - 
          (i) the unresolved issues;
          (ii) the position of each of the parties with respect to
        those issues; and
          (iii) any other issue discussed and resolved by the parties.

        (B) A party petitioning a State commission under paragraph (1)
      shall provide a copy of the petition and any documentation to the
      other party or parties not later than the day on which the State
      commission receives the petition.
      (3) Opportunity to respond
        A non-petitioning party to a negotiation under this section may
      respond to the other party's petition and provide such additional
      information as it wishes within 25 days after the State
      commission receives the petition.
      (4) Action by State commission
        (A) The State commission shall limit its consideration of any
      petition under paragraph (1) (and any response thereto) to the
      issues set forth in the petition and in the response, if any,
      filed under paragraph (3).
        (B) The State commission may require the petitioning party and
      the responding party to provide such information as may be
      necessary for the State commission to reach a decision on the
      unresolved issues. If any party refuses or fails unreasonably to
      respond on a timely basis to any reasonable request from the
      State commission, then the State commission may proceed on the
      basis of the best information available to it from whatever
      source derived.
        (C) The State commission shall resolve each issue set forth in
      the petition and the response, if any, by imposing appropriate
      conditions as required to implement subsection (c) of this
      section upon the parties to the agreement, and shall conclude the
      resolution of any unresolved issues not later than 9 months after
      the date on which the local exchange carrier received the request
      under this section.
      (5) Refusal to negotiate
        The refusal of any other party to the negotiation to
      participate further in the negotiations, to cooperate with the
      State commission in carrying out its function as an arbitrator,
      or to continue to negotiate in good faith in the presence, or
      with the assistance, of the State commission shall be considered
      a failure to negotiate in good faith.
    (c) Standards for arbitration
      In resolving by arbitration under subsection (b) of this section
    any open issues and imposing conditions upon the parties to the
    agreement, a State commission shall - 
        (1) ensure that such resolution and conditions meet the
      requirements of section 251 of this title, including the
      regulations prescribed by the Commission pursuant to section 251
      of this title;
        (2) establish any rates for interconnection, services, or
      network elements according to subsection (d) of this section; and
        (3) provide a schedule for implementation of the terms and
      conditions by the parties to the agreement.
    (d) Pricing standards
      (1) Interconnection and network element charges
        Determinations by a State commission of the just and reasonable
      rate for the interconnection of facilities and equipment for
      purposes of subsection (c)(2) of section 251 of this title, and
      the just and reasonable rate for network elements for purposes of
      subsection (c)(3) of such section - 
          (A) shall be - 
            (i) based on the cost (determined without reference to a
          rate-of-return or other rate-based proceeding) of providing
          the interconnection or network element (whichever is
          applicable), and
            (ii) nondiscriminatory, and

          (B) may include a reasonable profit.
      (2) Charges for transport and termination of traffic
        (A) In general
          For the purposes of compliance by an incumbent local exchange
        carrier with section 251(b)(5) of this title, a State
        commission shall not consider the terms and conditions for
        reciprocal compensation to be just and reasonable unless - 
            (i) such terms and conditions provide for the mutual and
          reciprocal recovery by each carrier of costs associated with
          the transport and termination on each carrier's network
          facilities of calls that originate on the network facilities
          of the other carrier; and
            (ii) such terms and conditions determine such costs on the
          basis of a reasonable approximation of the additional costs
          of terminating such calls.
        (B) Rules of construction
          This paragraph shall not be construed - 
            (i) to preclude arrangements that afford the mutual
          recovery of costs through the offsetting of reciprocal
          obligations, including arrangements that waive mutual
          recovery (such as bill-and-keep arrangements); or
            (ii) to authorize the Commission or any State commission to
          engage in any rate regulation proceeding to establish with
          particularity the additional costs of transporting or
          terminating calls, or to require carriers to maintain records
          with respect to the additional costs of such calls.
      (3) Wholesale prices for telecommunications services
        For the purposes of section 251(c)(4) of this title, a State
      commission shall determine wholesale rates on the basis of retail
      rates charged to subscribers for the telecommunications service
      requested, excluding the portion thereof attributable to any
      marketing, billing, collection, and other costs that will be
      avoided by the local exchange carrier.
    (e) Approval by State commission
      (1) Approval required
        Any interconnection agreement adopted by negotiation or
      arbitration shall be submitted for approval to the State
      commission. A State commission to which an agreement is submitted
      shall approve or reject the agreement, with written findings as
      to any deficiencies.
      (2) Grounds for rejection
        The State commission may only reject - 
          (A) an agreement (or any portion thereof) adopted by
        negotiation under subsection (a) of this section if it finds
        that - 
            (i) the agreement (or portion thereof) discriminates
          against a telecommunications carrier not a party to the
          agreement; or
            (ii) the implementation of such agreement or portion is not
          consistent with the public interest, convenience, and
          necessity; or

          (B) an agreement (or any portion thereof) adopted by
        arbitration under subsection (b) of this section if it finds
        that the agreement does not meet the requirements of section
        251 of this title, including the regulations prescribed by the
        Commission pursuant to section 251 of this title, or the
        standards set forth in subsection (d) of this section.
      (3) Preservation of authority
        Notwithstanding paragraph (2), but subject to section 253 of
      this title, nothing in this section shall prohibit a State
      commission from establishing or enforcing other requirements of
      State law in its review of an agreement, including requiring
      compliance with intrastate telecommunications service quality
      standards or requirements.
      (4) Schedule for decision
        If the State commission does not act to approve or reject the
      agreement within 90 days after submission by the parties of an
      agreement adopted by negotiation under subsection (a) of this
      section, or within 30 days after submission by the parties of an
      agreement adopted by arbitration under subsection (b) of this
      section, the agreement shall be deemed approved. No State court
      shall have jurisdiction to review the action of a State
      commission in approving or rejecting an agreement under this
      section.
      (5) Commission to act if State will not act
        If a State commission fails to act to carry out its
      responsibility under this section in any proceeding or other
      matter under this section, then the Commission shall issue an
      order preempting the State commission's jurisdiction of that
      proceeding or matter within 90 days after being notified (or
      taking notice) of such failure, and shall assume the
      responsibility of the State commission under this section with
      respect to the proceeding or matter and act for the State
      commission.
      (6) Review of State commission actions
        In a case in which a State fails to act as described in
      paragraph (5), the proceeding by the Commission under such
      paragraph and any judicial review of the Commission's actions
      shall be the exclusive remedies for a State commission's failure
      to act. In any case in which a State commission makes a
      determination under this section, any party aggrieved by such
      determination may bring an action in an appropriate Federal
      district court to determine whether the agreement or statement
      meets the requirements of section 251 of this title and this
      section.
    (f) Statements of generally available terms
      (1) In general
        A Bell operating company may prepare and file with a State
      commission a statement of the terms and conditions that such
      company generally offers within that State to comply with the
      requirements of section 251 of this title and the regulations
      thereunder and the standards applicable under this section.
      (2) State commission review
        A State commission may not approve such statement unless such
      statement complies with subsection (d) of this section and
      section 251 of this title and the regulations thereunder. Except
      as provided in section 253 of this title, nothing in this section
      shall prohibit a State commission from establishing or enforcing
      other requirements of State law in its review of such statement,
      including requiring compliance with intrastate telecommunications
      service quality standards or requirements.
      (3) Schedule for review
        The State commission to which a statement is submitted shall,
      not later than 60 days after the date of such submission - 
          (A) complete the review of such statement under paragraph (2)
        (including any reconsideration thereof), unless the submitting
        carrier agrees to an extension of the period for such review;
        or
          (B) permit such statement to take effect.
      (4) Authority to continue review
        Paragraph (3) shall not preclude the State commission from
      continuing to review a statement that has been permitted to take
      effect under subparagraph (B) of such paragraph or from approving
      or disapproving such statement under paragraph (2).
      (5) Duty to negotiate not affected
        The submission or approval of a statement under this subsection
      shall not relieve a Bell operating company of its duty to
      negotiate the terms and conditions of an agreement under section
      251 of this title.
    (g) Consolidation of State proceedings
      Where not inconsistent with the requirements of this chapter, a
    State commission may, to the extent practical, consolidate
    proceedings under sections 214(e), 251(f), 253 of this title, and
    this section in order to reduce administrative burdens on
    telecommunications carriers, other parties to the proceedings, and
    the State commission in carrying out its responsibilities under
    this chapter.
    (h) Filing required
      A State commission shall make a copy of each agreement approved
    under subsection (e) of this section and each statement approved
    under subsection (f) of this section available for public
    inspection and copying within 10 days after the agreement or
    statement is approved. The State commission may charge a reasonable
    and nondiscriminatory fee to the parties to the agreement or to the
    party filing the statement to cover the costs of approving and
    filing such agreement or statement.
    (i) Availability to other telecommunications carriers
      A local exchange carrier shall make available any
    interconnection, service, or network element provided under an
    agreement approved under this section to which it is a party to any
    other requesting telecommunications carrier upon the same terms and
    conditions as those provided in the agreement.
    (j) "Incumbent local exchange carrier" defined
      For purposes of this section, the term "incumbent local exchange
    carrier" has the meaning provided in section 251(h) of this title.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 252, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 66.)

-End-

-CITE-
    47 USC Sec. 253                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 253. Removal of barriers to entry

-STATUTE-
    (a) In general
      No State or local statute or regulation, or other State or local
    legal requirement, may prohibit or have the effect of prohibiting
    the ability of any entity to provide any interstate or intrastate
    telecommunications service.
    (b) State regulatory authority
      Nothing in this section shall affect the ability of a State to
    impose, on a competitively neutral basis and consistent with
    section 254 of this title, requirements necessary to preserve and
    advance universal service, protect the public safety and welfare,
    ensure the continued quality of telecommunications services, and
    safeguard the rights of consumers.
    (c) State and local government authority
      Nothing in this section affects the authority of a State or local
    government to manage the public rights-of-way or to require fair
    and reasonable compensation from telecommunications providers, on a
    competitively neutral and nondiscriminatory basis, for use of
    public rights-of-way on a nondiscriminatory basis, if the
    compensation required is publicly disclosed by such government.
    (d) Preemption
      If, after notice and an opportunity for public comment, the
    Commission determines that a State or local government has
    permitted or imposed any statute, regulation, or legal requirement
    that violates subsection (a) or (b) of this section, the Commission
    shall preempt the enforcement of such statute, regulation, or legal
    requirement to the extent necessary to correct such violation or
    inconsistency.
    (e) Commercial mobile service providers
      Nothing in this section shall affect the application of section
    332(c)(3) of this title to commercial mobile service providers.
    (f) Rural markets
      It shall not be a violation of this section for a State to
    require a telecommunications carrier that seeks to provide
    telephone exchange service or exchange access in a service area
    served by a rural telephone company to meet the requirements in
    section 214(e)(1) of this title for designation as an eligible
    telecommunications carrier for that area before being permitted to
    provide such service. This subsection shall not apply - 
        (1) to a service area served by a rural telephone company that
      has obtained an exemption, suspension, or modification of section
      251(c)(4) of this title that effectively prevents a competitor
      from meeting the requirements of section 214(e)(1) of this title;
      and
        (2) to a provider of commercial mobile services.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 253, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 70.)

-End-

-CITE-
    47 USC Sec. 254                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 254. Universal service

-STATUTE-
    (a) Procedures to review universal service requirements
      (1) Federal-State Joint Board on universal service
        Within one month after February 8, 1996, the Commission shall
      institute and refer to a Federal-State Joint Board under section
      410(c) of this title a proceeding to recommend changes to any of
      its regulations in order to implement sections 214(e) of this
      title and this section, including the definition of the services
      that are supported by Federal universal service support
      mechanisms and a specific timetable for completion of such
      recommendations. In addition to the members of the Joint Board
      required under section 410(c) of this title, one member of such
      Joint Board shall be a State-appointed utility consumer advocate
      nominated by a national organization of State utility consumer
      advocates. The Joint Board shall, after notice and opportunity
      for public comment, make its recommendations to the Commission 9
      months after February 8, 1996.
      (2) Commission action
        The Commission shall initiate a single proceeding to implement
      the recommendations from the Joint Board required by paragraph
      (1) and shall complete such proceeding within 15 months after
      February 8, 1996. The rules established by such proceeding shall
      include a definition of the services that are supported by
      Federal universal service support mechanisms and a specific
      timetable for implementation. Thereafter, the Commission shall
      complete any proceeding to implement subsequent recommendations
      from any Joint Board on universal service within one year after
      receiving such recommendations.
    (b) Universal service principles
      The Joint Board and the Commission shall base policies for the
    preservation and advancement of universal service on the following
    principles:
      (1) Quality and rates
        Quality services should be available at just, reasonable, and
      affordable rates.
      (2) Access to advanced services
        Access to advanced telecommunications and information services
      should be provided in all regions of the Nation.
      (3) Access in rural and high cost areas
        Consumers in all regions of the Nation, including low-income
      consumers and those in rural, insular, and high cost areas,
      should have access to telecommunications and information
      services, including interexchange services and advanced
      telecommunications and information services, that are reasonably
      comparable to those services provided in urban areas and that are
      available at rates that are reasonably comparable to rates
      charged for similar services in urban areas.
      (4) Equitable and nondiscriminatory contributions
        All providers of telecommunications services should make an
      equitable and nondiscriminatory contribution to the preservation
      and advancement of universal service.
      (5) Specific and predictable support mechanisms
        There should be specific, predictable and sufficient Federal
      and State mechanisms to preserve and advance universal service.
      (6) Access to advanced telecommunications services for schools,
        health care, and libraries
        Elementary and secondary schools and classrooms, health care
      providers, and libraries should have access to advanced
      telecommunications services as described in subsection (h) of
      this section.
      (7) Additional principles
        Such other principles as the Joint Board and the Commission
      determine are necessary and appropriate for the protection of the
      public interest, convenience, and necessity and are consistent
      with this chapter.
    (c) Definition
      (1) In general
        Universal service is an evolving level of telecommunications
      services that the Commission shall establish periodically under
      this section, taking into account advances in telecommunications
      and information technologies and services. The Joint Board in
      recommending, and the Commission in establishing, the definition
      of the services that are supported by Federal universal service
      support mechanisms shall consider the extent to which such
      telecommunications services - 
          (A) are essential to education, public health, or public
        safety;
          (B) have, through the operation of market choices by
        customers, been subscribed to by a substantial majority of
        residential customers;
          (C) are being deployed in public telecommunications networks
        by telecommunications carriers; and
          (D) are consistent with the public interest, convenience, and
        necessity.
      (2) Alterations and modifications
        The Joint Board may, from time to time, recommend to the
      Commission modifications in the definition of the services that
      are supported by Federal universal service support mechanisms.
      (3) Special services
        In addition to the services included in the definition of
      universal service under paragraph (1), the Commission may
      designate additional services for such support mechanisms for
      schools, libraries, and health care providers for the purposes of
      subsection (h) of this section.
    (d) Telecommunications carrier contribution
      Every telecommunications carrier that provides interstate
    telecommunications services shall contribute, on an equitable and
    nondiscriminatory basis, to the specific, predictable, and
    sufficient mechanisms established by the Commission to preserve and
    advance universal service. The Commission may exempt a carrier or
    class of carriers from this requirement if the carrier's
    telecommunications activities are limited to such an extent that
    the level of such carrier's contribution to the preservation and
    advancement of universal service would be de minimis. Any other
    provider of interstate telecommunications may be required to
    contribute to the preservation and advancement of universal service
    if the public interest so requires.
    (e) Universal service support
      After the date on which Commission regulations implementing this
    section take effect, only an eligible telecommunications carrier
    designated under section 214(e) of this title shall be eligible to
    receive specific Federal universal service support. A carrier that
    receives such support shall use that support only for the
    provision, maintenance, and upgrading of facilities and services
    for which the support is intended. Any such support should be
    explicit and sufficient to achieve the purposes of this section.
    (f) State authority
      A State may adopt regulations not inconsistent with the
    Commission's rules to preserve and advance universal service. Every
    telecommunications carrier that provides intrastate
    telecommunications services shall contribute, on an equitable and
    nondiscriminatory basis, in a manner determined by the State to the
    preservation and advancement of universal service in that State. A
    State may adopt regulations to provide for additional definitions
    and standards to preserve and advance universal service within that
    State only to the extent that such regulations adopt additional
    specific, predictable, and sufficient mechanisms to support such
    definitions or standards that do not rely on or burden Federal
    universal service support mechanisms.
    (g) Interexchange and interstate services
      Within 6 months after February 8, 1996, the Commission shall
    adopt rules to require that the rates charged by providers of
    interexchange telecommunications services to subscribers in rural
    and high cost areas shall be no higher than the rates charged by
    each such provider to its subscribers in urban areas. Such rules
    shall also require that a provider of interstate interexchange
    telecommunications services shall provide such services to its
    subscribers in each State at rates no higher than the rates charged
    to its subscribers in any other State.
    (h) Telecommunications services for certain providers
      (1) In general
        (A) Health care providers for rural areas
          A telecommunications carrier shall, upon receiving a bona
        fide request, provide telecommunications services which are
        necessary for the provision of health care services in a State,
        including instruction relating to such services, to any public
        or nonprofit health care provider that serves persons who
        reside in rural areas in that State at rates that are
        reasonably comparable to rates charged for similar services in
        urban areas in that State. A telecommunications carrier
        providing service under this paragraph shall be entitled to
        have an amount equal to the difference, if any, between the
        rates for services provided to health care providers for rural
        areas in a State and the rates for similar services provided to
        other customers in comparable rural areas in that State treated
        as a service obligation as a part of its obligation to
        participate in the mechanisms to preserve and advance universal
        service.
        (B) Educational providers and libraries
          All telecommunications carriers serving a geographic area
        shall, upon a bona fide request for any of its services that
        are within the definition of universal service under subsection
        (c)(3) of this section, provide such services to elementary
        schools, secondary schools, and libraries for educational
        purposes at rates less than the amounts charged for similar
        services to other parties. The discount shall be an amount that
        the Commission, with respect to interstate services, and the
        States, with respect to intrastate services, determine is
        appropriate and necessary to ensure affordable access to and
        use of such services by such entities. A telecommunications
        carrier providing service under this paragraph shall - 
            (i) have an amount equal to the amount of the discount
          treated as an offset to its obligation to contribute to the
          mechanisms to preserve and advance universal service, or
            (ii) notwithstanding the provisions of subsection (e) of
          this section, receive reimbursement utilizing the support
          mechanisms to preserve and advance universal service.
      (2) Advanced services
        The Commission shall establish competitively neutral rules - 
          (A) to enhance, to the extent technically feasible and
        economically reasonable, access to advanced telecommunications
        and information services for all public and nonprofit
        elementary and secondary school classrooms, health care
        providers, and libraries; and
          (B) to define the circumstances under which a
        telecommunications carrier may be required to connect its
        network to such public institutional telecommunications users.
      (3) Terms and conditions
        Telecommunications services and network capacity provided to a
      public institutional telecommunications user under this
      subsection may not be sold, resold, or otherwise transferred by
      such user in consideration for money or any other thing of value.
      (4) Eligibility of users
        No entity listed in this subsection shall be entitled to
      preferential rates or treatment as required by this subsection,
      if such entity operates as a for-profit business, is a school
      described in paragraph (7)(A) with an endowment of more than
      $50,000,000, or is a library or library consortium not eligible
      for assistance from a State library administrative agency under
      the Library Services and Technology Act [20 U.S.C. 9121 et seq.].
      (5) Requirements for certain schools with computers having
        Internet access
        (A) Internet safety
          (i) In general
            Except as provided in clause (ii), an elementary or
          secondary school having computers with Internet access may
          not receive services at discount rates under paragraph (1)(B)
          unless the school, school board, local educational agency, or
          other authority with responsibility for administration of the
          school - 
              (I) submits to the Commission the certifications
            described in subparagraphs (B) and (C);
              (II) submits to the Commission a certification that an
            Internet safety policy has been adopted and implemented for
            the school under subsection (l) of this section; and
              (III) ensures the use of such computers in accordance
            with the certifications.
          (ii) Applicability
            The prohibition in clause (i) shall not apply with respect
          to a school that receives services at discount rates under
          paragraph (1)(B) only for purposes other than the provision
          of Internet access, Internet service, or internal
          connections.
          (iii) Public notice; hearing
            An elementary or secondary school described in clause (i),
          or the school board, local educational agency, or other
          authority with responsibility for administration of the
          school, shall provide reasonable public notice and hold at
          least one public hearing or meeting to address the proposed
          Internet safety policy. In the case of an elementary or
          secondary school other than an elementary or secondary school
          as defined in section 8801 (!1) of title 20, the notice and
          hearing required by this clause may be limited to those
          members of the public with a relationship to the school.

        (B) Certification with respect to minors
          A certification under this subparagraph is a certification
        that the school, school board, local educational agency, or
        other authority with responsibility for administration of the
        school - 
            (i) is enforcing a policy of Internet safety for minors
          that includes monitoring the online activities of minors and
          the operation of a technology protection measure with respect
          to any of its computers with Internet access that protects
          against access through such computers to visual depictions
          that are - 
              (I) obscene;
              (II) child pornography; or
              (III) harmful to minors; and

            (ii) is enforcing the operation of such technology
          protection measure during any use of such computers by
          minors.
        (C) Certification with respect to adults
          A certification under this paragraph is a certification that
        the school, school board, local educational agency, or other
        authority with responsibility for administration of the school -
         
            (i) is enforcing a policy of Internet safety that includes
          the operation of a technology protection measure with respect
          to any of its computers with Internet access that protects
          against access through such computers to visual depictions
          that are - 
              (I) obscene; or
              (II) child pornography; and

            (ii) is enforcing the operation of such technology
          protection measure during any use of such computers.
        (D) Disabling during adult use
          An administrator, supervisor, or other person authorized by
        the certifying authority under subparagraph (A)(i) may disable
        the technology protection measure concerned, during use by an
        adult, to enable access for bona fide research or other lawful
        purpose.
        (E) Timing of implementation
          (i) In general
            Subject to clause (ii) in the case of any school covered by
          this paragraph as of the effective date of this paragraph
          under section 1721(h) of the Children's Internet Protection
          Act, the certification under subparagraphs (B) and (C) shall
          be made - 
              (I) with respect to the first program funding year under
            this subsection following such effective date, not later
            than 120 days after the beginning of such program funding
            year; and
              (II) with respect to any subsequent program funding year,
            as part of the application process for such program funding
            year.
          (ii) Process
            (I) Schools with Internet safety policy and technology
              protection measures in place
              A school covered by clause (i) that has in place an
            Internet safety policy and technology protection measures
            meeting the requirements necessary for certification under
            subparagraphs (B) and (C) shall certify its compliance with
            subparagraphs (B) and (C) during each annual program
            application cycle under this subsection, except that with
            respect to the first program funding year after the
            effective date of this paragraph under section 1721(h) of
            the Children's Internet Protection Act, the certifications
            shall be made not later than 120 days after the beginning
            of such first program funding year.
            (II) Schools without Internet safety policy and technology
              protection measures in place
              A school covered by clause (i) that does not have in
            place an Internet safety policy and technology protection
            measures meeting the requirements necessary for
            certification under subparagraphs (B) and (C) - 
                (aa) for the first program year after the effective
              date of this subsection in which it is applying for funds
              under this subsection, shall certify that it is
              undertaking such actions, including any necessary
              procurement procedures, to put in place an Internet
              safety policy and technology protection measures meeting
              the requirements necessary for certification under
              subparagraphs (B) and (C); and
                (bb) for the second program year after the effective
              date of this subsection in which it is applying for funds
              under this subsection, shall certify that it is in
              compliance with subparagraphs (B) and (C).
            Any school that is unable to certify compliance with such
            requirements in such second program year shall be
            ineligible for services at discount rates or funding in
            lieu of services at such rates under this subsection for
            such second year and all subsequent program years under
            this subsection, until such time as such school comes into
            compliance with this paragraph.
            (III) Waivers
              Any school subject to subclause (II) that cannot come
            into compliance with subparagraphs (B) and (C) in such
            second year program may seek a waiver of subclause (II)(bb)
            if State or local procurement rules or regulations or
            competitive bidding requirements prevent the making of the
            certification otherwise required by such subclause. A
            school, school board, local educational agency, or other
            authority with responsibility for administration of the
            school shall notify the Commission of the applicability of
            such subclause to the school. Such notice shall certify
            that the school in question will be brought into compliance
            before the start of the third program year after the
            effective date of this subsection in which the school is
            applying for funds under this subsection.
        (F) Noncompliance
          (i) Failure to submit certification
            Any school that knowingly fails to comply with the
          application guidelines regarding the annual submission of
          certification required by this paragraph shall not be
          eligible for services at discount rates or funding in lieu of
          services at such rates under this subsection.
          (ii) Failure to comply with certification
            Any school that knowingly fails to ensure the use of its
          computers in accordance with a certification under
          subparagraphs (B) and (C) shall reimburse any funds and
          discounts received under this subsection for the period
          covered by such certification.
          (iii) Remedy of noncompliance
            (I) Failure to submit
              A school that has failed to submit a certification under
            clause (i) may remedy the failure by submitting the
            certification to which the failure relates. Upon submittal
            of such certification, the school shall be eligible for
            services at discount rates under this subsection.
            (II) Failure to comply
              A school that has failed to comply with a certification
            as described in clause (ii) may remedy the failure by
            ensuring the use of its computers in accordance with such
            certification. Upon submittal to the Commission of a
            certification or other appropriate evidence of such remedy,
            the school shall be eligible for services at discount rates
            under this subsection.
      (6) Requirements for certain libraries with computers having
        Internet access
        (A) Internet safety
          (i) In general
            Except as provided in clause (ii), a library having one or
          more computers with Internet access may not receive services
          at discount rates under paragraph (1)(B) unless the library -
          
              (I) submits to the Commission the certifications
            described in subparagraphs (B) and (C); and
              (II) submits to the Commission a certification that an
            Internet safety policy has been adopted and implemented for
            the library under subsection (l) of this section; and
              (III) ensures the use of such computers in accordance
            with the certifications.
          (ii) Applicability
            The prohibition in clause (i) shall not apply with respect
          to a library that receives services at discount rates under
          paragraph (1)(B) only for purposes other than the provision
          of Internet access, Internet service, or internal
          connections.
          (iii) Public notice; hearing
            A library described in clause (i) shall provide reasonable
          public notice and hold at least one public hearing or meeting
          to address the proposed Internet safety policy.
        (B) Certification with respect to minors
          A certification under this subparagraph is a certification
        that the library - 
            (i) is enforcing a policy of Internet safety that includes
          the operation of a technology protection measure with respect
          to any of its computers with Internet access that protects
          against access through such computers to visual depictions
          that are - 
              (I) obscene;
              (II) child pornography; or
              (III) harmful to minors; and

            (ii) is enforcing the operation of such technology
          protection measure during any use of such computers by
          minors.
        (C) Certification with respect to adults
          A certification under this paragraph is a certification that
        the library - 
            (i) is enforcing a policy of Internet safety that includes
          the operation of a technology protection measure with respect
          to any of its computers with Internet access that protects
          against access through such computers to visual depictions
          that are - 
              (I) obscene; or
              (II) child pornography; and

            (ii) is enforcing the operation of such technology
          protection measure during any use of such computers.
        (D) Disabling during adult use
          An administrator, supervisor, or other person authorized by
        the certifying authority under subparagraph (A)(i) may disable
        the technology protection measure concerned, during use by an
        adult, to enable access for bona fide research or other lawful
        purpose.
        (E) Timing of implementation
          (i) In general
            Subject to clause (ii) in the case of any library covered
          by this paragraph as of the effective date of this paragraph
          under section 1721(h) of the Children's Internet Protection
          Act, the certification under subparagraphs (B) and (C) shall
          be made - 
              (I) with respect to the first program funding year under
            this subsection following such effective date, not later
            than 120 days after the beginning of such program funding
            year; and
              (II) with respect to any subsequent program funding year,
            as part of the application process for such program funding
            year.
          (ii) Process
            (I) Libraries with Internet safety policy and technology
              protection measures in place
              A library covered by clause (i) that has in place an
            Internet safety policy and technology protection measures
            meeting the requirements necessary for certification under
            subparagraphs (B) and (C) shall certify its compliance with
            subparagraphs (B) and (C) during each annual program
            application cycle under this subsection, except that with
            respect to the first program funding year after the
            effective date of this paragraph under section 1721(h) of
            the Children's Internet Protection Act, the certifications
            shall be made not later than 120 days after the beginning
            of such first program funding year.
            (II) Libraries without Internet safety policy and
              technology protection measures in place
              A library covered by clause (i) that does not have in
            place an Internet safety policy and technology protection
            measures meeting the requirements necessary for
            certification under subparagraphs (B) and (C) - 
                (aa) for the first program year after the effective
              date of this subsection in which it is applying for funds
              under this subsection, shall certify that it is
              undertaking such actions, including any necessary
              procurement procedures, to put in place an Internet
              safety policy and technology protection measures meeting
              the requirements necessary for certification under
              subparagraphs (B) and (C); and
                (bb) for the second program year after the effective
              date of this subsection in which it is applying for funds
              under this subsection, shall certify that it is in
              compliance with subparagraphs (B) and (C).
            Any library that is unable to certify compliance with such
            requirements in such second program year shall be
            ineligible for services at discount rates or funding in
            lieu of services at such rates under this subsection for
            such second year and all subsequent program years under
            this subsection, until such time as such library comes into
            compliance with this paragraph.
            (III) Waivers
              Any library subject to subclause (II) that cannot come
            into compliance with subparagraphs (B) and (C) in such
            second year may seek a waiver of subclause (II)(bb) if
            State or local procurement rules or regulations or
            competitive bidding requirements prevent the making of the
            certification otherwise required by such subclause. A
            library, library board, or other authority with
            responsibility for administration of the library shall
            notify the Commission of the applicability of such
            subclause to the library. Such notice shall certify that
            the library in question will be brought into compliance
            before the start of the third program year after the
            effective date of this subsection in which the library is
            applying for funds under this subsection.
        (F) Noncompliance
          (i) Failure to submit certification
            Any library that knowingly fails to comply with the
          application guidelines regarding the annual submission of
          certification required by this paragraph shall not be
          eligible for services at discount rates or funding in lieu of
          services at such rates under this subsection.
          (ii) Failure to comply with certification
            Any library that knowingly fails to ensure the use of its
          computers in accordance with a certification under
          subparagraphs (B) and (C) shall reimburse all funds and
          discounts received under this subsection for the period
          covered by such certification.
          (iii) Remedy of noncompliance
            (I) Failure to submit
              A library that has failed to submit a certification under
            clause (i) may remedy the failure by submitting the
            certification to which the failure relates. Upon submittal
            of such certification, the library shall be eligible for
            services at discount rates under this subsection.
            (II) Failure to comply
              A library that has failed to comply with a certification
            as described in clause (ii) may remedy the failure by
            ensuring the use of its computers in accordance with such
            certification. Upon submittal to the Commission of a
            certification or other appropriate evidence of such remedy,
            the library shall be eligible for services at discount
            rates under this subsection.
      (7) Definitions
        For purposes of this subsection:
        (A) Elementary and secondary schools
          The term "elementary and secondary schools" means elementary
        schools and secondary schools, as defined in section 7801 of
        title 20.
        (B) Health care provider
          The term "health care provider" means - 
            (i) post-secondary educational institutions offering health
          care instruction, teaching hospitals, and medical schools;
            (ii) community health centers or health centers providing
          health care to migrants;
            (iii) local health departments or agencies;
            (iv) community mental health centers;
            (v) not-for-profit hospitals;
            (vi) rural health clinics; and
            (vii) consortia of health care providers consisting of one
          or more entities described in clauses (i) through (vi).
        (C) Public institutional telecommunications user
          The term "public institutional telecommunications user" means
        an elementary or secondary school, a library, or a health care
        provider as those terms are defined in this paragraph.
        (D) Minor
          The term "minor" means any individual who has not attained
        the age of 17 years.
        (E) Obscene
          The term "obscene" has the meaning given such term in section
        1460 of title 18.
        (F) Child pornography
          The term "child pornography" has the meaning given such term
        in section 2256 of title 18.
        (G) Harmful to minors
          The term "harmful to minors" means any picture, image,
        graphic image file, or other visual depiction that - 
            (i) taken as a whole and with respect to minors, appeals to
          a prurient interest in nudity, sex, or excretion;
            (ii) depicts, describes, or represents, in a patently
          offensive way with respect to what is suitable for minors, an
          actual or simulated sexual act or sexual contact, actual or
          simulated normal or perverted sexual acts, or a lewd
          exhibition of the genitals; and
            (iii) taken as a whole, lacks serious literary, artistic,
          political, or scientific value as to minors.
        (H) Sexual act; sexual contact
          The terms "sexual act" and "sexual contact" have the meanings
        given such terms in section 2246 of title 18.
        (I) Technology protection measure
          The term "technology protection measure" means a specific
        technology that blocks or filters Internet access to the
        material covered by a certification under paragraph (5) or (6)
        to which such certification relates.
    (i) Consumer protection
      The Commission and the States should ensure that universal
    service is available at rates that are just, reasonable, and
    affordable.
    (j) Lifeline assistance
      Nothing in this section shall affect the collection,
    distribution, or administration of the Lifeline Assistance Program
    provided for by the Commission under regulations set forth in
    section 69.117 of title 47, Code of Federal Regulations, and other
    related sections of such title.
    (k) Subsidy of competitive services prohibited
      A telecommunications carrier may not use services that are not
    competitive to subsidize services that are subject to competition.
    The Commission, with respect to interstate services, and the
    States, with respect to intrastate services, shall establish any
    necessary cost allocation rules, accounting safeguards, and
    guidelines to ensure that services included in the definition of
    universal service bear no more than a reasonable share of the joint
    and common costs of facilities used to provide those services.
    (l) Internet safety policy requirement for schools and libraries
      (1) In general
        In carrying out its responsibilities under subsection (h) of
      this section, each school or library to which subsection (h) of
      this section applies shall - 
          (A) adopt and implement an Internet safety policy that
        addresses - 
            (i) access by minors to inappropriate matter on the
          Internet and World Wide Web;
            (ii) the safety and security of minors when using
          electronic mail, chat rooms, and other forms of direct
          electronic communications;
            (iii) unauthorized access, including so-called "hacking",
          and other unlawful activities by minors online;
            (iv) unauthorized disclosure, use, and dissemination of
          personal identification information regarding minors; and
            (v) measures designed to restrict minors' access to
          materials harmful to minors; and

          (B) provide reasonable public notice and hold at least one
        public hearing or meeting to address the proposed Internet
        safety policy.
      (2) Local determination of content
        A determination regarding what matter is inappropriate for
      minors shall be made by the school board, local educational
      agency, library, or other authority responsible for making the
      determination. No agency or instrumentality of the United States
      Government may - 
          (A) establish criteria for making such determination;
          (B) review the determination made by the certifying school,
        school board, local educational agency, library, or other
        authority; or
          (C) consider the criteria employed by the certifying school,
        school board, local educational agency, library, or other
        authority in the administration of subsection (h)(1)(B) of this
        section.
      (3) Availability for review
        Each Internet safety policy adopted under this subsection shall
      be made available to the Commission, upon request of the
      Commission, by the school, school board, local educational
      agency, library, or other authority responsible for adopting such
      Internet safety policy for purposes of the review of such
      Internet safety policy by the Commission.
      (4) Effective date
        This subsection shall apply with respect to schools and
      libraries on or after the date that is 120 days after December
      21, 2000.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 254, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 71; amended
    Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
    709(a)(8)], Sept. 30, 1996, 110 Stat. 3009-233, 3009-313; Pub. L.
    106-554, Sec. 1(a)(4) [div. B, title XVII, Secs. 1721(a)-(d),
    1732], Dec. 21, 2000, 114 Stat. 2763, 2763A-343 to 2763A-350; Pub.
    L. 107-110, title X, Sec. 1076(hh), Jan. 8, 2002, 115 Stat. 2094.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Library Services and Technology Act, referred to in subsec.
    (h)(4), is subtitle B (Secs. 211-263) of title II of Pub. L. 94-
    462, as added by Pub. L. 104-208, div. A, title I, Sec. 101(e)
    [title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-
    295, which is classified generally to subchapter II (Sec. 9121 et
    seq.) of chapter 72 of Title 20, Education. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 9101 of Title 20 and Tables.
      Section 8801 of title 20, referred to in subsec. (h)(5)(A)(iii),
    was repealed by Pub. L. 107-110, title X, Sec. 1011(5)(C), Jan. 8,
    2002, 115 Stat. 1986. See section 7801 of Title 20, Education.
      For the effective date of this paragraph under section 1721(h) of
    the Children's Internet Protection Act, referred to in subsec.
    (h)(5)(E), (6)(E), as 120 days after Dec. 21, 2000, see Sec.
    1(a)(4) [div. B, title VII, Sec. 1721(h)] of Pub. L. 106-554, set
    out as an Effective Date of 2000 Amendment note below.
      The effective date of this subsection, referred to in subsec.
    (h)(5)(E), (6)(E), probably means the effective date of subsec.
    (h)(5) and (6) which is 120 days after Dec. 21, 2000, see Sec.
    1(a)(4) [div. B, title VII, Sec. 1721(h)] of Pub. L. 106-554, set
    out as an Effective Date of 2000 Amendment note below.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (h)(7)(A). Pub. L. 107-110 substituted "section
    7801" for "paragraphs (14) and (25), respectively, of section
    8801".
      2000 - Subsec. (h)(4). Pub. L. 106-554, Sec. 1(a)(4) [div. B,
    title XVII, Sec. 1721(d)], substituted "paragraph (7)(A)" for
    "paragraph (5)(A)".
      Subsec. (h)(5). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    XVII, Sec. 1721(a)(2)], added par. (5). Former par. (5)
    redesignated (7).
      Subsec. (h)(6). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    XVII, Sec. 1721(b)], added par. (6).
      Subsec. (h)(7). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    XVII, Sec. 1721(a)(1)], redesignated par. (5) as (7).
      Subsec. (h)(7)(D) to (I). Pub. L. 106-554, Sec. 1(a)(4) [div. B,
    title XVII, Sec. 1721(c)], added subpars. (D) to (I).
      Subsec. (l). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII,
    Sec. 1732], added subsec. (l).
      1996 - Subsec. (h)(4). Pub. L. 104-208 substituted "library or
    library consortium not eligible for assistance from a State library
    administrative agency under the Library Services and Technology
    Act" for "library not eligible for participation in State-based
    plans for funds under title III of the Library Services and
    Construction Act (20 U.S.C. 335c et seq.)".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
    respect to certain noncompetitive programs and competitive
    programs, see section 5 of Pub. L. 107-110, set out as an Effective
    Date note under section 6301 of Title 20, Education.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(h)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that: "The
    amendments made by this section [amending this section and enacting
    provisions set out as notes under this section and section 7001 of
    Title 20, Education] shall take effect 120 days after the date of
    the enactment of this Act [Dec. 21, 2000]."

                                REGULATIONS                            
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(f)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that:
      "(1) Requirement. - The Federal Communications Commission shall
    prescribe regulations for purposes of administering the provisions
    of paragraphs (5) and (6) of section 254(h) of the Communications
    Act of 1934 [47 U.S.C. 254(h)], as amended by this section.
      "(2) Deadline. - Notwithstanding any other provision of law, the
    Commission shall prescribe regulations under paragraph (1) so as to
    ensure that such regulations take effect 120 days after the date of
    the enactment of this Act [Dec. 21, 2000]."
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1733],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-351, provided that: "Not later
    than 120 days after the date of enactment of this Act [Dec. 21,
    2000], the Federal Communications Commission shall prescribe
    regulations for purposes of section 254(l) of the Communications
    Act of 1934 [47 U.S.C. 254(l)], as added by section 1732 of this
    Act."

                               SEPARABILITY                           
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(e)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that: "If any
    provision of paragraph (5) or (6) of section 254(h) of the
    Communications Act of 1934 [47 U.S.C. 254(h)], as amended by this
    section, or the application thereof to any person or circumstance
    is held invalid, the remainder of such paragraph and the
    application of such paragraph to other persons or circumstances
    shall not be affected thereby."

             DISCLAIMERS REGARDING INTERNET ACCESS AND PRIVACY         
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1702],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-336, provided that:
      "(a) Disclaimer Regarding Content. - Nothing in this title [see
    Short Title of 2000 Amendments note set out under section 6301 of
    Title 20, Education] or the amendments made by this title shall be
    construed to prohibit a local educational agency, elementary or
    secondary school, or library from blocking access on the Internet
    on computers owned or operated by that agency, school, or library
    to any content other than content covered by this title or the
    amendments made by this title.
      "(b) Disclaimer Regarding Privacy. - Nothing in this title or the
    amendments made by this title shall be construed to require the
    tracking of Internet use by any identifiable minor or adult user."

                             EXPEDITED REVIEW                         
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1741],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-351, provided that:
      "(a) Three-Judge District Court Hearing. - Notwithstanding any
    other provision of law, any civil action challenging the
    constitutionality, on its face, of this title [see Short Title of
    2000 Amendments note set out under section 6301 of Title 20,
    Education] or any amendment made by this title, or any provision
    thereof, shall be heard by a district court of three judges
    convened pursuant to the provisions of section 2284 of title 28,
    United States Code.
      "(b) Appellate Review. - Notwithstanding any other provision of
    law, an interlocutory or final judgment, decree, or order of the
    court of three judges in an action under subsection (a) holding
    this title or an amendment made by this title, or any provision
    thereof, unconstitutional shall be reviewable as a matter of right
    by direct appeal to the Supreme Court. Any such appeal shall be
    filed not more than 20 days after entry of such judgment, decree,
    or order."

                  UNIVERSAL SERVICE FUND PAYMENT SCHEDULE              
      Pub. L. 105-33, title III, Sec. 3006, Aug. 5, 1997, 111 Stat.
    269, related to appropriations to the Universal Service Fund in
    support of programs established pursuant to rules implementing this
    section and adjustment of payments by telecommunications carriers
    and other providers of interstate telecommunications prior to
    repeal by Pub. L. 105-119, title VI, Sec. 622, Nov. 26, 1997, 111
    Stat. 2521. Section 622 of Pub. L. 105-119 provided further that:
    "This section shall be deemed a section of the Balanced Budget Act
    of 1997 [Pub. L. 105-33, see Tables for classification] for the
    purposes of section 10213 of that Act (111 Stat. 712) [2 U.S.C. 902
    note], and shall be scored pursuant to paragraph (2) of such
    section."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    47 USC Sec. 255                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 255. Access by persons with disabilities

-STATUTE-
    (a) Definitions
      As used in this section - 
      (1) Disability
        The term "disability" has the meaning given to it by section
      12102(2)(A) of title 42.
      (2) Readily achievable
        The term "readily achievable" has the meaning given to it by
      section 12181(9) of title 42.
    (b) Manufacturing
      A manufacturer of telecommunications equipment or customer
    premises equipment shall ensure that the equipment is designed,
    developed, and fabricated to be accessible to and usable by
    individuals with disabilities, if readily achievable.
    (c) Telecommunications services
      A provider of telecommunications service shall ensure that the
    service is accessible to and usable by individuals with
    disabilities, if readily achievable.
    (d) Compatibility
      Whenever the requirements of subsections (b) and (c) of this
    section are not readily achievable, such a manufacturer or provider
    shall ensure that the equipment or service is compatible with
    existing peripheral devices or specialized customer premises
    equipment commonly used by individuals with disabilities to achieve
    access, if readily achievable.
    (e) Guidelines
      Within 18 months after February 8, 1996, the Architectural and
    Transportation Barriers Compliance Board shall develop guidelines
    for accessibility of telecommunications equipment and customer
    premises equipment in conjunction with the Commission. The Board
    shall review and update the guidelines periodically.
    (f) No additional private rights authorized
      Nothing in this section shall be construed to authorize any
    private right of action to enforce any requirement of this section
    or any regulation thereunder. The Commission shall have exclusive
    jurisdiction with respect to any complaint under this section.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 255, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 75.)

-End-

-CITE-
    47 USC Sec. 256                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 256. Coordination for interconnectivity

-STATUTE-
    (a) Purpose
      It is the purpose of this section - 
        (1) to promote nondiscriminatory accessibility by the broadest
      number of users and vendors of communications products and
      services to public telecommunications networks used to provide
      telecommunications service through - 
          (A) coordinated public telecommunications network planning
        and design by telecommunications carriers and other providers
        of telecommunications service; and
          (B) public telecommunications network interconnectivity, and
        interconnectivity of devices with such networks used to provide
        telecommunications service; and

        (2) to ensure the ability of users and information providers to
      seamlessly and transparently transmit and receive information
      between and across telecommunications networks.
    (b) Commission functions
      In carrying out the purposes of this section, the Commission - 
        (1) shall establish procedures for Commission oversight of
      coordinated network planning by telecommunications carriers and
      other providers of telecommunications service for the effective
      and efficient interconnection of public telecommunications
      networks used to provide telecommunications service; and
        (2) may participate, in a manner consistent with its authority
      and practice prior to February 8, 1996, in the development by
      appropriate industry standards-setting organizations of public
      telecommunications network interconnectivity standards that
      promote access to - 
          (A) public telecommunications networks used to provide
        telecommunications service;
          (B) network capabilities and services by individuals with
        disabilities; and
          (C) information services by subscribers of rural telephone
        companies.
    (c) Commission's authority
      Nothing in this section shall be construed as expanding or
    limiting any authority that the Commission may have under law in
    effect before February 8, 1996.
    (d) "Public telecommunications network interconnectivity" defined
      As used in this section, the term "public telecommunications
    network interconnectivity" means the ability of two or more public
    telecommunications networks used to provide telecommunications
    service to communicate and exchange information without
    degeneration, and to interact in concert with one another.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 256, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 76.)

-End-

-CITE-
    47 USC Sec. 257                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 257. Market entry barriers proceeding

-STATUTE-
    (a) Elimination of barriers
      Within 15 months after February 8, 1996, the Commission shall
    complete a proceeding for the purpose of identifying and
    eliminating, by regulations pursuant to its authority under this
    chapter (other than this section), market entry barriers for
    entrepreneurs and other small businesses in the provision and
    ownership of telecommunications services and information services,
    or in the provision of parts or services to providers of
    telecommunications services and information services.
    (b) National policy
      In carrying out subsection (a) of this section, the Commission
    shall seek to promote the policies and purposes of this chapter
    favoring diversity of media voices, vigorous economic competition,
    technological advancement, and promotion of the public interest,
    convenience, and necessity.
    (c) Periodic review
      Every 3 years following the completion of the proceeding required
    by subsection (a) of this section, the Commission shall review and
    report to Congress on - 
        (1) any regulations prescribed to eliminate barriers within its
      jurisdiction that are identified under subsection (a) of this
      section and that can be prescribed consistent with the public
      interest, convenience, and necessity; and
        (2) the statutory barriers identified under subsection (a) of
      this section that the Commission recommends be eliminated,
      consistent with the public interest, convenience, and necessity.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 257, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 77.)

-End-

-CITE-
    47 USC Sec. 258                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 258. Illegal changes in subscriber carrier selections

-STATUTE-
    (a) Prohibition
      No telecommunications carrier shall submit or execute a change in
    a subscriber's selection of a provider of telephone exchange
    service or telephone toll service except in accordance with such
    verification procedures as the Commission shall prescribe. Nothing
    in this section shall preclude any State commission from enforcing
    such procedures with respect to intrastate services.
    (b) Liability for charges
      Any telecommunications carrier that violates the verification
    procedures described in subsection (a) of this section and that
    collects charges for telephone exchange service or telephone toll
    service from a subscriber shall be liable to the carrier previously
    selected by the subscriber in an amount equal to all charges paid
    by such subscriber after such violation, in accordance with such
    procedures as the Commission may prescribe. The remedies provided
    by this subsection are in addition to any other remedies available
    by law.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 258, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 77.)

-End-

-CITE-
    47 USC Sec. 259                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 259. Infrastructure sharing

-STATUTE-
    (a) Regulations required
      The Commission shall prescribe, within one year after February 8,
    1996, regulations that require incumbent local exchange carriers
    (as defined in section 251(h) of this title) to make available to
    any qualifying carrier such public switched network infrastructure,
    technology, information, and telecommunications facilities and
    functions as may be requested by such qualifying carrier for the
    purpose of enabling such qualifying carrier to provide
    telecommunications services, or to provide access to information
    services, in the service area in which such qualifying carrier has
    requested and obtained designation as an eligible
    telecommunications carrier under section 214(e) of this title.
    (b) Terms and conditions of regulations
      The regulations prescribed by the Commission pursuant to this
    section shall - 
        (1) not require a local exchange carrier to which this section
      applies to take any action that is economically unreasonable or
      that is contrary to the public interest;
        (2) permit, but shall not require, the joint ownership or
      operation of public switched network infrastructure and services
      by or among such local exchange carrier and a qualifying carrier;
        (3) ensure that such local exchange carrier will not be treated
      by the Commission or any State as a common carrier for hire or as
      offering common carrier services with respect to any
      infrastructure, technology, information, facilities, or functions
      made available to a qualifying carrier in accordance with
      regulations issued pursuant to this section;
        (4) ensure that such local exchange carrier makes such
      infrastructure, technology, information, facilities, or functions
      available to a qualifying carrier on just and reasonable terms
      and conditions that permit such qualifying carrier to fully
      benefit from the economies of scale and scope of such local
      exchange carrier, as determined in accordance with guidelines
      prescribed by the Commission in regulations issued pursuant to
      this section;
        (5) establish conditions that promote cooperation between local
      exchange carriers to which this section applies and qualifying
      carriers;
        (6) not require a local exchange carrier to which this section
      applies to engage in any infrastructure sharing agreement for any
      services or access which are to be provided or offered to
      consumers by the qualifying carrier in such local exchange
      carrier's telephone exchange area; and
        (7) require that such local exchange carrier file with the
      Commission or State for public inspection, any tariffs,
      contracts, or other arrangements showing the rates, terms, and
      conditions under which such carrier is making available public
      switched network infrastructure and functions under this section.
    (c) Information concerning deployment of new services and equipment
      A local exchange carrier to which this section applies that has
    entered into an infrastructure sharing agreement under this section
    shall provide to each party to such agreement timely information on
    the planned deployment of telecommunications services and
    equipment, including any software or upgrades of software integral
    to the use or operation of such telecommunications equipment.
    (d) "Qualifying carrier" defined
      For purposes of this section, the term "qualifying carrier" means
    a telecommunications carrier that - 
        (1) lacks economies of scale or scope, as determined in
      accordance with regulations prescribed by the Commission pursuant
      to this section; and
        (2) offers telephone exchange service, exchange access, and any
      other service that is included in universal service, to all
      consumers without preference throughout the service area for
      which such carrier has been designated as an eligible
      telecommunications carrier under section 214(e) of this title.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 259, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 77.)

-End-

-CITE-
    47 USC Sec. 260                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 260. Provision of telemessaging service

-STATUTE-
    (a) Nondiscrimination safeguards
      Any local exchange carrier subject to the requirements of section
    251(c) of this title that provides telemessaging service - 
        (1) shall not subsidize its telemessaging service directly or
      indirectly from its telephone exchange service or its exchange
      access; and
        (2) shall not prefer or discriminate in favor of its
      telemessaging service operations in its provision of
      telecommunications services.
    (b) Expedited consideration of complaints
      The Commission shall establish procedures for the receipt and
    review of complaints concerning violations of subsection (a) of
    this section or the regulations thereunder that result in material
    financial harm to a provider of telemessaging service. Such
    procedures shall ensure that the Commission will make a final
    determination with respect to any such complaint within 120 days
    after receipt of the complaint. If the complaint contains an
    appropriate showing that the alleged violation occurred, the
    Commission shall, within 60 days after receipt of the complaint,
    order the local exchange carrier and any affiliates to cease
    engaging in such violation pending such final determination.
    (c) "Telemessaging service" defined
      As used in this section, the term "telemessaging service" means
    voice mail and voice storage and retrieval services, any live
    operator services used to record, transcribe, or relay messages
    (other than telecommunications relay services), and any ancillary
    services offered in combination with these services.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 260, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 79.)

-End-

-CITE-
    47 USC Sec. 261                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part II - Development of Competitive Markets

-HEAD-
    Sec. 261. Effect on other requirements

-STATUTE-
    (a) Commission regulations
      Nothing in this part shall be construed to prohibit the
    Commission from enforcing regulations prescribed prior to February
    8, 1996, in fulfilling the requirements of this part, to the extent
    that such regulations are not inconsistent with the provisions of
    this part.
    (b) Existing State regulations
      Nothing in this part shall be construed to prohibit any State
    commission from enforcing regulations prescribed prior to February
    8, 1996, or from prescribing regulations after February 8, 1996, in
    fulfilling the requirements of this part, if such regulations are
    not inconsistent with the provisions of this part.
    (c) Additional State requirements
      Nothing in this part precludes a State from imposing requirements
    on a telecommunications carrier for intrastate services that are
    necessary to further competition in the provision of telephone
    exchange service or exchange access, as long as the State's
    requirements are not inconsistent with this part or the
    Commission's regulations to implement this part.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 261, as added Pub. L. 104-
    104, title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 79.)

-End-

-CITE-
    47 USC Part III - Special Provisions Concerning Bell
           Operating Companies                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-
     PART III - SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES 

-End-

-CITE-
    47 USC Sec. 271                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-
    Sec. 271. Bell operating company entry into interLATA services

-STATUTE-
    (a) General limitation
      Neither a Bell operating company, nor any affiliate of a Bell
    operating company, may provide interLATA services except as
    provided in this section.
    (b) InterLATA services to which this section applies
      (1) In-region services
        A Bell operating company, or any affiliate of that Bell
      operating company, may provide interLATA services originating in
      any of its in-region States (as defined in subsection (i) of this
      section) if the Commission approves the application of such
      company for such State under subsection (d)(3) of this section.
      (2) Out-of-region services
        A Bell operating company, or any affiliate of that Bell
      operating company, may provide interLATA services originating
      outside its in-region States after February 8, 1996, subject to
      subsection (j) of this section.
      (3) Incidental interLATA services
        A Bell operating company, or any affiliate of a Bell operating
      company, may provide incidental interLATA services (as defined in
      subsection (g) of this section) originating in any State after
      February 8, 1996.
      (4) Termination
        Nothing in this section prohibits a Bell operating company or
      any of its affiliates from providing termination for interLATA
      services, subject to subsection (j) of this section.
    (c) Requirements for providing certain in-region interLATA services
      (1) Agreement or statement
        A Bell operating company meets the requirements of this
      paragraph if it meets the requirements of subparagraph (A) or
      subparagraph (B) of this paragraph for each State for which the
      authorization is sought.
        (A) Presence of a facilities-based competitor
          A Bell operating company meets the requirements of this
        subparagraph if it has entered into one or more binding
        agreements that have been approved under section 252 of this
        title specifying the terms and conditions under which the Bell
        operating company is providing access and interconnection to
        its network facilities for the network facilities of one or
        more unaffiliated competing providers of telephone exchange
        service (as defined in section 153(47)(A) of this title, but
        excluding exchange access) to residential and business
        subscribers. For the purpose of this subparagraph, such
        telephone exchange service may be offered by such competing
        providers either exclusively over their own telephone exchange
        service facilities or predominantly over their own telephone
        exchange service facilities in combination with the resale of
        the telecommunications services of another carrier. For the
        purpose of this subparagraph, services provided pursuant to
        subpart K of part 22 of the Commission's regulations (47 C.F.R.
        22.901 et seq.) shall not be considered to be telephone
        exchange services.
        (B) Failure to request access
          A Bell operating company meets the requirements of this
        subparagraph if, after 10 months after February 8, 1996, no
        such provider has requested the access and interconnection
        described in subparagraph (A) before the date which is 3 months
        before the date the company makes its application under
        subsection (d)(1) of this section, and a statement of the terms
        and conditions that the company generally offers to provide
        such access and interconnection has been approved or permitted
        to take effect by the State commission under section 252(f) of
        this title. For purposes of this subparagraph, a Bell operating
        company shall be considered not to have received any request
        for access and interconnection if the State commission of such
        State certifies that the only provider or providers making such
        a request have (i) failed to negotiate in good faith as
        required by section 252 of this title, or (ii) violated the
        terms of an agreement approved under section 252 of this title
        by the provider's failure to comply, within a reasonable period
        of time, with the implementation schedule contained in such
        agreement.
      (2) Specific interconnection requirements
        (A) Agreement required
          A Bell operating company meets the requirements of this
        paragraph if, within the State for which the authorization is
        sought - 
            (i)(I) such company is providing access and interconnection
          pursuant to one or more agreements described in paragraph
          (1)(A), or
            (II) such company is generally offering access and
          interconnection pursuant to a statement described in
          paragraph (1)(B), and
            (ii) such access and interconnection meets the requirements
          of subparagraph (B) of this paragraph.
        (B) Competitive checklist
          Access or interconnection provided or generally offered by a
        Bell operating company to other telecommunications carriers
        meets the requirements of this subparagraph if such access and
        interconnection includes each of the following:
            (i) Interconnection in accordance with the requirements of
          sections 251(c)(2) and 252(d)(1) of this title.
            (ii) Nondiscriminatory access to network elements in
          accordance with the requirements of sections 251(c)(3) and
          252(d)(1) of this title.
            (iii) Nondiscriminatory access to the poles, ducts,
          conduits, and rights-of-way owned or controlled by the Bell
          operating company at just and reasonable rates in accordance
          with the requirements of section 224 of this title.
            (iv) Local loop transmission from the central office to the
          customer's premises, unbundled from local switching or other
          services.
            (v) Local transport from the trunk side of a wireline local
          exchange carrier switch unbundled from switching or other
          services.
            (vi) Local switching unbundled from transport, local loop
          transmission, or other services.
            (vii) Nondiscriminatory access to - 
              (I) 911 and E911 services;
              (II) directory assistance services to allow the other
            carrier's customers to obtain telephone numbers; and
              (III) operator call completion services.

            (viii) White pages directory listings for customers of the
          other carrier's telephone exchange service.
            (ix) Until the date by which telecommunications numbering
          administration guidelines, plan, or rules are established,
          nondiscriminatory access to telephone numbers for assignment
          to the other carrier's telephone exchange service customers.
          After that date, compliance with such guidelines, plan, or
          rules.
            (x) Nondiscriminatory access to databases and associated
          signaling necessary for call routing and completion.
            (xi) Until the date by which the Commission issues
          regulations pursuant to section 251 of this title to require
          number portability, interim telecommunications number
          portability through remote call forwarding, direct inward
          dialing trunks, or other comparable arrangements, with as
          little impairment of functioning, quality, reliability, and
          convenience as possible. After that date, full compliance
          with such regulations.
            (xii) Nondiscriminatory access to such services or
          information as are necessary to allow the requesting carrier
          to implement local dialing parity in accordance with the
          requirements of section 251(b)(3) of this title.
            (xiii) Reciprocal compensation arrangements in accordance
          with the requirements of section 252(d)(2) of this title.
            (xiv) Telecommunications services are available for resale
          in accordance with the requirements of sections 251(c)(4) and
          252(d)(3) of this title.
    (d) Administrative provisions
      (1) Application to Commission
        On and after February 8, 1996, a Bell operating company or its
      affiliate may apply to the Commission for authorization to
      provide interLATA services originating in any in-region State.
      The application shall identify each State for which the
      authorization is sought.
      (2) Consultation
        (A) Consultation with the Attorney General
          The Commission shall notify the Attorney General promptly of
        any application under paragraph (1). Before making any
        determination under this subsection, the Commission shall
        consult with the Attorney General, and if the Attorney General
        submits any comments in writing, such comments shall be
        included in the record of the Commission's decision. In
        consulting with and submitting comments to the Commission under
        this paragraph, the Attorney General shall provide to the
        Commission an evaluation of the application using any standard
        the Attorney General considers appropriate. The Commission
        shall give substantial weight to the Attorney General's
        evaluation, but such evaluation shall not have any preclusive
        effect on any Commission decision under paragraph (3).
        (B) Consultation with State commissions
          Before making any determination under this subsection, the
        Commission shall consult with the State commission of any State
        that is the subject of the application in order to verify the
        compliance of the Bell operating company with the requirements
        of subsection (c) of this section.
      (3) Determination
        Not later than 90 days after receiving an application under
      paragraph (1), the Commission shall issue a written determination
      approving or denying the authorization requested in the
      application for each State. The Commission shall not approve the
      authorization requested in an application submitted under
      paragraph (1) unless it finds that - 
          (A) the petitioning Bell operating company has met the
        requirements of subsection (c)(1) of this section and - 
            (i) with respect to access and interconnection provided
          pursuant to subsection (c)(1)(A) of this section, has fully
          implemented the competitive checklist in subsection (c)(2)(B)
          of this section; or
            (ii) with respect to access and interconnection generally
          offered pursuant to a statement under subsection (c)(1)(B) of
          this section, such statement offers all of the items included
          in the competitive checklist in subsection (c)(2)(B) of this
          section;

          (B) the requested authorization will be carried out in
        accordance with the requirements of section 272 of this title;
        and
          (C) the requested authorization is consistent with the public
        interest, convenience, and necessity.

      The Commission shall state the basis for its approval or denial
      of the application.
      (4) Limitation on Commission
        The Commission may not, by rule or otherwise, limit or extend
      the terms used in the competitive checklist set forth in
      subsection (c)(2)(B) of this section.
      (5) Publication
        Not later than 10 days after issuing a determination under
      paragraph (3), the Commission shall publish in the Federal
      Register a brief description of the determination.
      (6) Enforcement of conditions
        (A) Commission authority
          If at any time after the approval of an application under
        paragraph (3), the Commission determines that a Bell operating
        company has ceased to meet any of the conditions required for
        such approval, the Commission may, after notice and opportunity
        for a hearing - 
            (i) issue an order to such company to correct the
          deficiency;
            (ii) impose a penalty on such company pursuant to
          subchapter V of this chapter; or
            (iii) suspend or revoke such approval.
        (B) Receipt and review of complaints
          The Commission shall establish procedures for the review of
        complaints concerning failures by Bell operating companies to
        meet conditions required for approval under paragraph (3).
        Unless the parties otherwise agree, the Commission shall act on
        such complaint within 90 days.
    (e) Limitations
      (1) Joint marketing of local and long distance services
        Until a Bell operating company is authorized pursuant to
      subsection (d) of this section to provide interLATA services in
      an in-region State, or until 36 months have passed since February
      8, 1996, whichever is earlier, a telecommunications carrier that
      serves greater than 5 percent of the Nation's presubscribed
      access lines may not jointly market in such State telephone
      exchange service obtained from such company pursuant to section
      251(c)(4) of this title with interLATA services offered by that
      telecommunications carrier.
      (2) IntraLATA toll dialing parity
        (A) Provision required
          A Bell operating company granted authority to provide
        interLATA services under subsection (d) of this section shall
        provide intraLATA toll dialing parity throughout that State
        coincident with its exercise of that authority.
        (B) Limitation
          Except for single-LATA States and States that have issued an
        order by December 19, 1995, requiring a Bell operating company
        to implement intraLATA toll dialing parity, a State may not
        require a Bell operating company to implement intraLATA toll
        dialing parity in that State before a Bell operating company
        has been granted authority under this section to provide
        interLATA services originating in that State or before 3 years
        after February 8, 1996, whichever is earlier. Nothing in this
        subparagraph precludes a State from issuing an order requiring
        intraLATA toll dialing parity in that State prior to either
        such date so long as such order does not take effect until
        after the earlier of either such dates.
    (f) Exception for previously authorized activities
      Neither subsection (a) of this section nor section 273 of this
    title shall prohibit a Bell operating company or affiliate from
    engaging, at any time after February 8, 1996, in any activity to
    the extent authorized by, and subject to the terms and conditions
    contained in, an order entered by the United States District Court
    for the District of Columbia pursuant to section VII or VIII(C) of
    the AT&T Consent Decree if such order was entered on or before
    February 8, 1996, to the extent such order is not reversed or
    vacated on appeal. Nothing in this subsection shall be construed to
    limit, or to impose terms or conditions on, an activity in which a
    Bell operating company is otherwise authorized to engage under any
    other provision of this section.
    (g) "Incidental interLATA services" defined
      For purposes of this section, the term "incidental interLATA
    services" means the interLATA provision by a Bell operating company
    or its affiliate - 
        (1)(A) of audio programming, video programming, or other
      programming services to subscribers to such services of such
      company or affiliate;
        (B) of the capability for interaction by such subscribers to
      select or respond to such audio programming, video programming,
      or other programming services;
        (C) to distributors of audio programming or video programming
      that such company or affiliate owns or controls, or is licensed
      by the copyright owner of such programming (or by an assignee of
      such owner) to distribute; or
        (D) of alarm monitoring services;
        (2) of two-way interactive video services or Internet services
      over dedicated facilities to or for elementary and secondary
      schools as defined in section 254(h)(5) (!1) of this title;

        (3) of commercial mobile services in accordance with section
      332(c) of this title and with the regulations prescribed by the
      Commission pursuant to paragraph (8) of such section;
        (4) of a service that permits a customer that is located in one
      LATA to retrieve stored information from, or file information for
      storage in, information storage facilities of such company that
      are located in another LATA;
        (5) of signaling information used in connection with the
      provision of telephone exchange services or exchange access by a
      local exchange carrier; or
        (6) of network control signaling information to, and receipt of
      such signaling information from, common carriers offering
      interLATA services at any location within the area in which such
      Bell operating company provides telephone exchange services or
      exchange access.
    (h) Limitations
      The provisions of subsection (g) of this section are intended to
    be narrowly construed. The interLATA services provided under
    subparagraph (A), (B), or (C) of subsection (g)(1) of this section
    are limited to those interLATA transmissions incidental to the
    provision by a Bell operating company or its affiliate of video,
    audio, and other programming services that the company or its
    affiliate is engaged in providing to the public. The Commission
    shall ensure that the provision of services authorized under
    subsection (g) of this section by a Bell operating company or its
    affiliate will not adversely affect telephone exchange service
    ratepayers or competition in any telecommunications market.
    (i) Additional definitions
      As used in this section - 
      (1) In-region State
        The term "in-region State" means a State in which a Bell
      operating company or any of its affiliates was authorized to
      provide wireline telephone exchange service pursuant to the
      reorganization plan approved under the AT&T Consent Decree, as in
      effect on the day before February 8, 1996.
      (2) Audio programming services
        The term "audio programming services" means programming
      provided by, or generally considered to be comparable to
      programming provided by, a radio broadcast station.
      (3) Video programming services; other programming services
        The terms "video programming service" and "other programming
      services" have the same meanings as such terms have under section
      522 of this title.
    (j) Certain service applications treated as in-region service
      applications
      For purposes of this section, a Bell operating company
    application to provide 800 service, private line service, or their
    equivalents that - 
        (1) terminate in an in-region State of that Bell operating
      company, and
        (2) allow the called party to determine the interLATA carrier,

    shall be considered an in-region service subject to the
    requirements of subsection (b)(1) of this section.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 271, as added Pub. L. 104-
    104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 86.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 254(h)(5) of this title, referred to in subsec. (g)(2),
    was redesignated section 254(h)(7) of this title by Pub. L. 106-
    554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(a)(1)], Dec. 21,
    2000, 114 Stat. 2763, 2763A-343.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    47 USC Sec. 272                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-
    Sec. 272. Separate affiliate; safeguards

-STATUTE-
    (a) Separate affiliate required for competitive activities
      (1) In general
        A Bell operating company (including any affiliate) which is a
      local exchange carrier that is subject to the requirements of
      section 251(c) of this title may not provide any service
      described in paragraph (2) unless it provides that service
      through one or more affiliates that - 
          (A) are separate from any operating company entity that is
        subject to the requirements of section 251(c) of this title;
        and
          (B) meet the requirements of subsection (b) of this section.
      (2) Services for which a separate affiliate is required
        The services for which a separate affiliate is required by
      paragraph (1) are:
          (A) Manufacturing activities (as defined in section 273(h) of
        this title).
          (B) Origination of interLATA telecommunications services,
        other than - 
            (i) incidental interLATA services described in paragraphs
          (1), (2), (3), (5), and (6) of section 271(g) of this title;
            (ii) out-of-region services described in section 271(b)(2)
          of this title; or
            (iii) previously authorized activities described in section
          271(f) of this title.

          (C) InterLATA information services, other than electronic
        publishing (as defined in section 274(h) of this title) and
        alarm monitoring services (as defined in section 275(e) of this
        title).
    (b) Structural and transactional requirements
      The separate affiliate required by this section - 
        (1) shall operate independently from the Bell operating
      company;
        (2) shall maintain books, records, and accounts in the manner
      prescribed by the Commission which shall be separate from the
      books, records, and accounts maintained by the Bell operating
      company of which it is an affiliate;
        (3) shall have separate officers, directors, and employees from
      the Bell operating company of which it is an affiliate;
        (4) may not obtain credit under any arrangement that would
      permit a creditor, upon default, to have recourse to the assets
      of the Bell operating company; and
        (5) shall conduct all transactions with the Bell operating
      company of which it is an affiliate on an arm's length basis with
      any such transactions reduced to writing and available for public
      inspection.
    (c) Nondiscrimination safeguards
      In its dealings with its affiliate described in subsection (a) of
    this section, a Bell operating company - 
        (1) may not discriminate between that company or affiliate and
      any other entity in the provision or procurement of goods,
      services, facilities, and information, or in the establishment of
      standards; and
        (2) shall account for all transactions with an affiliate
      described in subsection (a) of this section in accordance with
      accounting principles designated or approved by the Commission.
    (d) Biennial audit
      (1) General requirement
        A company required to operate a separate affiliate under this
      section shall obtain and pay for a joint Federal/State audit
      every 2 years conducted by an independent auditor to determine
      whether such company has complied with this section and the
      regulations promulgated under this section, and particularly
      whether such company has complied with the separate accounting
      requirements under subsection (b) of this section.
      (2) Results submitted to Commission; State commissions
        The auditor described in paragraph (1) shall submit the results
      of the audit to the Commission and to the State commission of
      each State in which the company audited provides service, which
      shall make such results available for public inspection. Any
      party may submit comments on the final audit report.
      (3) Access to documents
        For purposes of conducting audits and reviews under this
      subsection - 
          (A) the independent auditor, the Commission, and the State
        commission shall have access to the financial accounts and
        records of each company and of its affiliates necessary to
        verify transactions conducted with that company that are
        relevant to the specific activities permitted under this
        section and that are necessary for the regulation of rates;
          (B) the Commission and the State commission shall have access
        to the working papers and supporting materials of any auditor
        who performs an audit under this section; and
          (C) the State commission shall implement appropriate
        procedures to ensure the protection of any proprietary
        information submitted to it under this section.
    (e) Fulfillment of certain requests
      A Bell operating company and an affiliate that is subject to the
    requirements of section 251(c) of this title - 
        (1) shall fulfill any requests from an unaffiliated entity for
      telephone exchange service and exchange access within a period no
      longer than the period in which it provides such telephone
      exchange service and exchange access to itself or to its
      affiliates;
        (2) shall not provide any facilities, services, or information
      concerning its provision of exchange access to the affiliate
      described in subsection (a) of this section unless such
      facilities, services, or information are made available to other
      providers of interLATA services in that market on the same terms
      and conditions;
        (3) shall charge the affiliate described in subsection (a) of
      this section, or impute to itself (if using the access for its
      provision of its own services), an amount for access to its
      telephone exchange service and exchange access that is no less
      than the amount charged to any unaffiliated interexchange
      carriers for such service; and
        (4) may provide any interLATA or intraLATA facilities or
      services to its interLATA affiliate if such services or
      facilities are made available to all carriers at the same rates
      and on the same terms and conditions, and so long as the costs
      are appropriately allocated.
    (f) Sunset
      (1) Manufacturing and long distance
        The provisions of this section (other than subsection (e) of
      this section) shall cease to apply with respect to the
      manufacturing activities or the interLATA telecommunications
      services of a Bell operating company 3 years after the date such
      Bell operating company or any Bell operating company affiliate is
      authorized to provide interLATA telecommunications services under
      section 271(d) of this title, unless the Commission extends such
      3-year period by rule or order.
      (2) InterLATA information services
        The provisions of this section (other than subsection (e) of
      this section) shall cease to apply with respect to the interLATA
      information services of a Bell operating company 4 years after
      February 8, 1996, unless the Commission extends such 4-year
      period by rule or order.
      (3) Preservation of existing authority
        Nothing in this subsection shall be construed to limit the
      authority of the Commission under any other section of this
      chapter to prescribe safeguards consistent with the public
      interest, convenience, and necessity.
    (g) Joint marketing
      (1) Affiliate sales of telephone exchange services
        A Bell operating company affiliate required by this section may
      not market or sell telephone exchange services provided by the
      Bell operating company unless that company permits other entities
      offering the same or similar service to market and sell its
      telephone exchange services.
      (2) Bell operating company sales of affiliate services
        A Bell operating company may not market or sell interLATA
      service provided by an affiliate required by this section within
      any of its in-region States until such company is authorized to
      provide interLATA services in such State under section 271(d) of
      this title.
      (3) Rule of construction
        The joint marketing and sale of services permitted under this
      subsection shall not be considered to violate the
      nondiscrimination provisions of subsection (c) of this section.
    (h) Transition
      With respect to any activity in which a Bell operating company is
    engaged on February 8, 1996, such company shall have one year from
    February 8, 1996, to comply with the requirements of this section.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 272, as added Pub. L. 104-
    104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 92.)

-End-

-CITE-
    47 USC Sec. 273                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-
    Sec. 273. Manufacturing by Bell operating companies

-STATUTE-
    (a) Authorization
      A Bell operating company may manufacture and provide
    telecommunications equipment, and manufacture customer premises
    equipment, if the Commission authorizes that Bell operating company
    or any Bell operating company affiliate to provide interLATA
    services under section 271(d) of this title, subject to the
    requirements of this section and the regulations prescribed
    thereunder, except that neither a Bell operating company nor any of
    its affiliates may engage in such manufacturing in conjunction with
    a Bell operating company not so affiliated or any of its
    affiliates.
    (b) Collaboration; research and royalty agreements
      (1) Collaboration
        Subsection (a) of this section shall not prohibit a Bell
      operating company from engaging in close collaboration with any
      manufacturer of customer premises equipment or telecommunications
      equipment during the design and development of hardware,
      software, or combinations thereof related to such equipment.
      (2) Certain research arrangements; royalty agreements
        Subsection (a) of this section shall not prohibit a Bell
      operating company from - 
          (A) engaging in research activities related to manufacturing,
        and
          (B) entering into royalty agreements with manufacturers of
        telecommunications equipment.
    (c) Information requirements
      (1) Information on protocols and technical requirements
        Each Bell operating company shall, in accordance with
      regulations prescribed by the Commission, maintain and file with
      the Commission full and complete information with respect to the
      protocols and technical requirements for connection with and use
      of its telephone exchange service facilities. Each such company
      shall report promptly to the Commission any material changes or
      planned changes to such protocols and requirements, and the
      schedule for implementation of such changes or planned changes.
      (2) Disclosure of information
        A Bell operating company shall not disclose any information
      required to be filed under paragraph (1) unless that information
      has been filed promptly, as required by regulation by the
      Commission.
      (3) Access by competitors to information
        The Commission may prescribe such additional regulations under
      this subsection as may be necessary to ensure that manufacturers
      have access to the information with respect to the protocols and
      technical requirements for connection with and use of telephone
      exchange service facilities that a Bell operating company makes
      available to any manufacturing affiliate or any unaffiliated
      manufacturer.
      (4) Planning information
        Each Bell operating company shall provide, to interconnecting
      carriers providing telephone exchange service, timely information
      on the planned deployment of telecommunications equipment.
    (d) Manufacturing limitations for standard-setting organizations
      (1) Application to Bell Communications Research or manufacturers
        Bell Communications Research, Inc., or any successor entity or
      affiliate - 
          (A) shall not be considered a Bell operating company or a
        successor or assign of a Bell operating company at such time as
        it is no longer an affiliate of any Bell operating company; and
          (B) notwithstanding paragraph (3), shall not engage in
        manufacturing telecommunications equipment or customer premises
        equipment as long as it is an affiliate of more than 1
        otherwise unaffiliated Bell operating company or successor or
        assign of any such company.

      Nothing in this subsection prohibits Bell Communications
      Research, Inc., or any successor entity, from engaging in any
      activity in which it is lawfully engaged on February 8, 1996.
      Nothing provided in this subsection shall render Bell
      Communications Research, Inc., or any successor entity, a common
      carrier under this subchapter. Nothing in this subsection
      restricts any manufacturer from engaging in any activity in which
      it is lawfully engaged on February 8, 1996.
      (2) Proprietary information
        Any entity which establishes standards for telecommunications
      equipment or customer premises equipment, or generic network
      requirements for such equipment, or certifies telecommunications
      equipment or customer premises equipment, shall be prohibited
      from releasing or otherwise using any proprietary information,
      designated as such by its owner, in its possession as a result of
      such activity, for any purpose other than purposes authorized in
      writing by the owner of such information, even after such entity
      ceases to be so engaged.
      (3) Manufacturing safeguards
        (A) Except as prohibited in paragraph (1), and subject to
      paragraph (6), any entity which certifies telecommunications
      equipment or customer premises equipment manufactured by an
      unaffiliated entity shall only manufacture a particular class of
      telecommunications equipment or customer premises equipment for
      which it is undertaking or has undertaken, during the previous 18
      months, certification activity for such class of equipment
      through a separate affiliate.
        (B) Such separate affiliate shall - 
          (i) maintain books, records, and accounts separate from those
        of the entity that certifies such equipment, consistent with
        generally acceptable accounting principles;
          (ii) not engage in any joint manufacturing activities with
        such entity; and
          (iii) have segregated facilities and separate employees with
        such entity.

        (C) Such entity that certifies such equipment shall - 
          (i) not discriminate in favor of its manufacturing affiliate
        in the establishment of standards, generic requirements, or
        product certification;
          (ii) not disclose to the manufacturing affiliate any
        proprietary information that has been received at any time from
        an unaffiliated manufacturer, unless authorized in writing by
        the owner of the information; and
          (iii) not permit any employee engaged in product
        certification for telecommunications equipment or customer
        premises equipment to engage jointly in sales or marketing of
        any such equipment with the affiliated manufacturer.
      (4) Standard-setting entities
        Any entity that is not an accredited standards development
      organization and that establishes industry-wide standards for
      telecommunications equipment or customer premises equipment, or
      industry-wide generic network requirements for such equipment, or
      that certifies telecommunications equipment or customer premises
      equipment manufactured by an unaffiliated entity, shall - 
          (A) establish and publish any industry-wide standard for,
        industry-wide generic requirement for, or any substantial
        modification of an existing industry-wide standard or industry-
        wide generic requirement for, telecommunications equipment or
        customer premises equipment only in compliance with the
        following procedure - 
            (i) such entity shall issue a public notice of its
          consideration of a proposed industry-wide standard or
          industry-wide generic requirement;
            (ii) such entity shall issue a public invitation to
          interested industry parties to fund and participate in such
          efforts on a reasonable and nondiscriminatory basis,
          administered in such a manner as not to unreasonably exclude
          any interested industry party;
            (iii) such entity shall publish a text for comment by such
          parties as have agreed to participate in the process pursuant
          to clause (ii), provide such parties a full opportunity to
          submit comments, and respond to comments from such parties;
            (iv) such entity shall publish a final text of the industry-
          wide standard or industry-wide generic requirement,
          including the comments in their entirety, of any funding
          party which requests to have its comments so published; and
            (v) such entity shall attempt, prior to publishing a text
          for comment, to agree with the funding parties as a group on
          a mutually satisfactory dispute resolution process which such
          parties shall utilize as their sole recourse in the event of
          a dispute on technical issues as to which there is
          disagreement between any funding party and the entity
          conducting such activities, except that if no dispute
          resolution process is agreed to by all the parties, a funding
          party may utilize the dispute resolution procedures
          established pursuant to paragraph (5) of this subsection;

          (B) engage in product certification for telecommunications
        equipment or customer premises equipment manufactured by
        unaffiliated entities only if - 
            (i) such activity is performed pursuant to published
          criteria;
            (ii) such activity is performed pursuant to auditable
          criteria; and
            (iii) such activity is performed pursuant to available
          industry-accepted testing methods and standards, where
          applicable, unless otherwise agreed upon by the parties
          funding and performing such activity;

          (C) not undertake any actions to monopolize or attempt to
        monopolize the market for such services; and
          (D) not preferentially treat its own telecommunications
        equipment or customer premises equipment, or that of its
        affiliate, over that of any other entity in establishing and
        publishing industry-wide standards or industry-wide generic
        requirements for, and in certification of, telecommunications
        equipment and customer premises equipment.
      (5) Alternate dispute resolution
        Within 90 days after February 8, 1996, the Commission shall
      prescribe a dispute resolution process to be utilized in the
      event that a dispute resolution process is not agreed upon by all
      the parties when establishing and publishing any industry-wide
      standard or industry-wide generic requirement for
      telecommunications equipment or customer premises equipment,
      pursuant to paragraph (4)(A)(v). The Commission shall not
      establish itself as a party to the dispute resolution process.
      Such dispute resolution process shall permit any funding party to
      resolve a dispute with the entity conducting the activity that
      significantly affects such funding party's interests, in an open,
      nondiscriminatory, and unbiased fashion, within 30 days after the
      filing of such dispute. Such disputes may be filed within 15 days
      after the date the funding party receives a response to its
      comments from the entity conducting the activity. The Commission
      shall establish penalties to be assessed for delays caused by
      referral of frivolous disputes to the dispute resolution process.
      (6) Sunset
        The requirements of paragraphs (3) and (4) shall terminate for
      the particular relevant activity when the Commission determines
      that there are alternative sources of industry-wide standards,
      industry-wide generic requirements, or product certification for
      a particular class of telecommunications equipment or customer
      premises equipment available in the United States. Alternative
      sources shall be deemed to exist when such sources provide
      commercially viable alternatives that are providing such services
      to customers. The Commission shall act on any application for
      such a determination within 90 days after receipt of such
      application, and shall receive public comment on such
      application.
      (7) Administration and enforcement authority
        For the purposes of administering this subsection and the
      regulations prescribed thereunder, the Commission shall have the
      same remedial authority as the Commission has in administering
      and enforcing the provisions of this subchapter with respect to
      any common carrier subject to this chapter.
      (8) Definitions
        For purposes of this subsection:
          (A) The term "affiliate" shall have the same meaning as in
        section 153 of this title, except that, for purposes of
        paragraph (1)(B) - 
            (i) an aggregate voting equity interest in Bell
          Communications Research, Inc., of at least 5 percent of its
          total voting equity, owned directly or indirectly by more
          than 1 otherwise unaffiliated Bell operating company, shall
          constitute an affiliate relationship; and
            (ii) a voting equity interest in Bell Communications
          Research, Inc., by any otherwise unaffiliated Bell operating
          company of less than 1 percent of Bell Communications
          Research's total voting equity shall not be considered to be
          an equity interest under this paragraph.

          (B) The term "generic requirement" means a description of
        acceptable product attributes for use by local exchange
        carriers in establishing product specifications for the
        purchase of telecommunications equipment, customer premises
        equipment, and software integral thereto.
          (C) The term "industry-wide" means activities funded by or
        performed on behalf of local exchange carriers for use in
        providing wireline telephone exchange service whose combined
        total of deployed access lines in the United States constitutes
        at least 30 percent of all access lines deployed by
        telecommunications carriers in the United States as of February
        8, 1996.
          (D) The term "certification" means any technical process
        whereby a party determines whether a product, for use by more
        than one local exchange carrier, conforms with the specified
        requirements pertaining to such product.
          (E) The term "accredited standards development organization"
        means an entity composed of industry members which has been
        accredited by an institution vested with the responsibility for
        standards accreditation by the industry.
    (e) Bell operating company equipment procurement and sales
      (1) Nondiscrimination standards for manufacturing
        In the procurement or awarding of supply contracts for
      telecommunications equipment, a Bell operating company, or any
      entity acting on its behalf, for the duration of the requirement
      for a separate subsidiary including manufacturing under this
      chapter - 
          (A) shall consider such equipment, produced or supplied by
        unrelated persons; and
          (B) may not discriminate in favor of equipment produced or
        supplied by an affiliate or related person.
      (2) Procurement standards
        Each Bell operating company or any entity acting on its behalf
      shall make procurement decisions and award all supply contracts
      for equipment, services, and software on the basis of an
      objective assessment of price, quality, delivery, and other
      commercial factors.
      (3) Network planning and design
        A Bell operating company shall, to the extent consistent with
      the antitrust laws, engage in joint network planning and design
      with local exchange carriers operating in the same area of
      interest. No participant in such planning shall be allowed to
      delay the introduction of new technology or the deployment of
      facilities to provide telecommunications services, and agreement
      with such other carriers shall not be required as a prerequisite
      for such introduction or deployment.
      (4) Sales restrictions
        Neither a Bell operating company engaged in manufacturing nor a
      manufacturing affiliate of such a company shall restrict sales to
      any local exchange carrier of telecommunications equipment,
      including software integral to the operation of such equipment
      and related upgrades.
      (5) Protection of proprietary information
        A Bell operating company and any entity it owns or otherwise
      controls shall protect the proprietary information submitted for
      procurement decisions from release not specifically authorized by
      the owner of such information.
    (f) Administration and enforcement authority
      For the purposes of administering and enforcing the provisions of
    this section and the regulations prescribed thereunder, the
    Commission shall have the same authority, power, and functions with
    respect to any Bell operating company or any affiliate thereof as
    the Commission has in administering and enforcing the provisions of
    this subchapter with respect to any common carrier subject to this
    chapter.
    (g) Additional rules and regulations
      The Commission may prescribe such additional rules and
    regulations as the Commission determines are necessary to carry out
    the provisions of this section, and otherwise to prevent
    discrimination and cross-subsidization in a Bell operating
    company's dealings with its affiliate and with third parties.
    (h) "Manufacturing" defined
      As used in this section, the term "manufacturing" has the same
    meaning as such term has under the AT&T Consent Decree.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 273, as added Pub. L. 104-
    104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 95.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The antitrust laws, referred to in subsec. (e)(3), are classified
    generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and
    Trade.

-End-

-CITE-
    47 USC Sec. 274                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-
    Sec. 274. Electronic publishing by Bell operating companies

-STATUTE-
    (a) Limitations
      No Bell operating company or any affiliate may engage in the
    provision of electronic publishing that is disseminated by means of
    such Bell operating company's or any of its affiliates' basic
    telephone service, except that nothing in this section shall
    prohibit a separated affiliate or electronic publishing joint
    venture operated in accordance with this section from engaging in
    the provision of electronic publishing.
    (b) Separated affiliate or electronic publishing joint venture
      requirements
      A separated affiliate or electronic publishing joint venture
    shall be operated independently from the Bell operating company.
    Such separated affiliate or joint venture and the Bell operating
    company with which it is affiliated shall - 
        (1) maintain separate books, records, and accounts and prepare
      separate financial statements;
        (2) not incur debt in a manner that would permit a creditor of
      the separated affiliate or joint venture upon default to have
      recourse to the assets of the Bell operating company;
        (3) carry out transactions (A) in a manner consistent with such
      independence, (B) pursuant to written contracts or tariffs that
      are filed with the Commission and made publicly available, and
      (C) in a manner that is auditable in accordance with generally
      accepted auditing standards;
        (4) value any assets that are transferred directly or
      indirectly from the Bell operating company to a separated
      affiliate or joint venture, and record any transactions by which
      such assets are transferred, in accordance with such regulations
      as may be prescribed by the Commission or a State commission to
      prevent improper cross subsidies;
        (5) between a separated affiliate and a Bell operating company -
       
          (A) have no officers, directors, and employees in common
        after the effective date of this section; and
          (B) own no property in common;

        (6) not use for the marketing of any product or service of the
      separated affiliate or joint venture, the name, trademarks, or
      service marks of an existing Bell operating company except for
      names, trademarks, or service marks that are owned by the entity
      that owns or controls the Bell operating company;
        (7) not permit the Bell operating company - 
          (A) to perform hiring or training of personnel on behalf of a
        separated affiliate;
          (B) to perform the purchasing, installation, or maintenance
        of equipment on behalf of a separated affiliate, except for
        telephone service that it provides under tariff or contract
        subject to the provisions of this section; or
          (C) to perform research and development on behalf of a
        separated affiliate;

        (8) each have performed annually a compliance review - 
          (A) that is conducted by an independent entity for the
        purpose of determining compliance during the preceding calendar
        year with any provision of this section; and
          (B) the results of which are maintained by the separated
        affiliate or joint venture and the Bell operating company for a
        period of 5 years subject to review by any lawful authority;
        and

        (9) within 90 days of receiving a review described in paragraph
      (8), file a report of any exceptions and corrective action with
      the Commission and allow any person to inspect and copy such
      report subject to reasonable safeguards to protect any
      proprietary information contained in such report from being used
      for purposes other than to enforce or pursue remedies under this
      section.
    (c) Joint marketing
      (1) In general
        Except as provided in paragraph (2) - 
          (A) a Bell operating company shall not carry out any
        promotion, marketing, sales, or advertising for or in
        conjunction with a separated affiliate; and
          (B) a Bell operating company shall not carry out any
        promotion, marketing, sales, or advertising for or in
        conjunction with an affiliate that is related to the provision
        of electronic publishing.
      (2) Permissible joint activities
        (A) Joint telemarketing
          A Bell operating company may provide inbound telemarketing or
        referral services related to the provision of electronic
        publishing for a separated affiliate, electronic publishing
        joint venture, affiliate, or unaffiliated electronic publisher:
        Provided, That if such services are provided to a separated
        affiliate, electronic publishing joint venture, or affiliate,
        such services shall be made available to all electronic
        publishers on request, on nondiscriminatory terms.
        (B) Teaming arrangements
          A Bell operating company may engage in nondiscriminatory
        teaming or business arrangements to engage in electronic
        publishing with any separated affiliate or with any other
        electronic publisher if (i) the Bell operating company only
        provides facilities, services, and basic telephone service
        information as authorized by this section, and (ii) the Bell
        operating company does not own such teaming or business
        arrangement.
        (C) Electronic publishing joint ventures
          A Bell operating company or affiliate may participate on a
        nonexclusive basis in electronic publishing joint ventures with
        entities that are not a Bell operating company, affiliate, or
        separated affiliate to provide electronic publishing services,
        if the Bell operating company or affiliate has not more than a
        50 percent direct or indirect equity interest (or the
        equivalent thereof) or the right to more than 50 percent of the
        gross revenues under a revenue sharing or royalty agreement in
        any electronic publishing joint venture. Officers and employees
        of a Bell operating company or affiliate participating in an
        electronic publishing joint venture may not have more than 50
        percent of the voting control over the electronic publishing
        joint venture. In the case of joint ventures with small, local
        electronic publishers, the Commission for good cause shown may
        authorize the Bell operating company or affiliate to have a
        larger equity interest, revenue share, or voting control but
        not to exceed 80 percent. A Bell operating company
        participating in an electronic publishing joint venture may
        provide promotion, marketing, sales, or advertising personnel
        and services to such joint venture.
    (d) Bell operating company requirement
      A Bell operating company under common ownership or control with a
    separated affiliate or electronic publishing joint venture shall
    provide network access and interconnections for basic telephone
    service to electronic publishers at just and reasonable rates that
    are tariffed (so long as rates for such services are subject to
    regulation) and that are not higher on a per-unit basis than those
    charged for such services to any other electronic publisher or any
    separated affiliate engaged in electronic publishing.
    (e) Private right of action
      (1) Damages
        Any person claiming that any act or practice of any Bell
      operating company, affiliate, or separated affiliate constitutes
      a violation of this section may file a complaint with the
      Commission or bring suit as provided in section 207 of this
      title, and such Bell operating company, affiliate, or separated
      affiliate shall be liable as provided in section 206 of this
      title; except that damages may not be awarded for a violation
      that is discovered by a compliance review as required by
      subsection (b)(7) of this section and corrected within 90 days.
      (2) Cease and desist orders
        In addition to the provisions of paragraph (1), any person
      claiming that any act or practice of any Bell operating company,
      affiliate, or separated affiliate constitutes a violation of this
      section may make application to the Commission for an order to
      cease and desist such violation or may make application in any
      district court of the United States of competent jurisdiction for
      an order enjoining such acts or practices or for an order
      compelling compliance with such requirement.
    (f) Separated affiliate reporting requirement
      Any separated affiliate under this section shall file with the
    Commission annual reports in a form substantially equivalent to the
    Form 10-K required by regulations of the Securities and Exchange
    Commission.
    (g) Effective dates
      (1) Transition
        Any electronic publishing service being offered to the public
      by a Bell operating company or affiliate on February 8, 1996,
      shall have one year from February 8, 1996, to comply with the
      requirements of this section.
      (2) Sunset
        The provisions of this section shall not apply to conduct
      occurring after 4 years after February 8, 1996.
    (h) "Electronic publishing" defined
      (1) In general
        The term "electronic publishing" means the dissemination,
      provision, publication, or sale to an unaffiliated entity or
      person, of any one or more of the following: news (including
      sports); entertainment (other than interactive games); business,
      financial, legal, consumer, or credit materials; editorials,
      columns, or features; advertising; photos or images; archival or
      research material; legal notices or public records; scientific,
      educational, instructional, technical, professional, trade, or
      other literary materials; or other like or similar information.
      (2) Exceptions
        The term "electronic publishing" shall not include the
      following services:
          (A) Information access, as that term is defined by the AT&T
        Consent Decree.
          (B) The transmission of information as a common carrier.
          (C) The transmission of information as part of a gateway to
        an information service that does not involve the generation or
        alteration of the content of information, including data
        transmission, address translation, protocol conversion, billing
        management, introductory information content, and navigational
        systems that enable users to access electronic publishing
        services, which do not affect the presentation of such
        electronic publishing services to users.
          (D) Voice storage and retrieval services, including voice
        messaging and electronic mail services.
          (E) Data processing or transaction processing services that
        do not involve the generation or alteration of the content of
        information.
          (F) Electronic billing or advertising of a Bell operating
        company's regulated telecommunications services.
          (G) Language translation or data format conversion.
          (H) The provision of information necessary for the
        management, control, or operation of a telephone company
        telecommunications system.
          (I) The provision of directory assistance that provides
        names, addresses, and telephone numbers and does not include
        advertising.
          (J) Caller identification services.
          (K) Repair and provisioning databases and credit card and
        billing validation for telephone company operations.
          (L) 911-E and other emergency assistance databases.
          (M) Any other network service of a type that is like or
        similar to these network services and that does not involve the
        generation or alteration of the content of information.
          (N) Any upgrades to these network services that do not
        involve the generation or alteration of the content of
        information.
          (O) Video programming or full motion video entertainment on
        demand.
    (i) Additional definitions
      As used in this section - 
        (1) The term "affiliate" means any entity that, directly or
      indirectly, owns or controls, is owned or controlled by, or is
      under common ownership or control with, a Bell operating company.
      Such term shall not include a separated affiliate.
        (2) The term "basic telephone service" means any wireline
      telephone exchange service, or wireline telephone exchange
      service facility, provided by a Bell operating company in a
      telephone exchange area, except that such term does not include -
      
          (A) a competitive wireline telephone exchange service
        provided in a telephone exchange area where another entity
        provides a wireline telephone exchange service that was
        provided on January 1, 1984, or
          (B) a commercial mobile service.

        (3) The term "basic telephone service information" means
      network and customer information of a Bell operating company and
      other information acquired by a Bell operating company as a
      result of its engaging in the provision of basic telephone
      service.
        (4) The term "control" has the meaning that it has in 17 C.F.R.
      240.12b-2, the regulations promulgated by the Securities and
      Exchange Commission pursuant to the Securities Exchange Act of
      1934 (15 U.S.C. 78a et seq.) or any successor provision to such
      section.
        (5) The term "electronic publishing joint venture" means a
      joint venture owned by a Bell operating company or affiliate that
      engages in the provision of electronic publishing which is
      disseminated by means of such Bell operating company's or any of
      its affiliates' basic telephone service.
        (6) The term "entity" means any organization, and includes
      corporations, partnerships, sole proprietorships, associations,
      and joint ventures.
        (7) The term "inbound telemarketing" means the marketing of
      property, goods, or services by telephone to a customer or
      potential customer who initiated the call.
        (8) The term "own" with respect to an entity means to have a
      direct or indirect equity interest (or the equivalent thereof) of
      more than 10 percent of an entity, or the right to more than 10
      percent of the gross revenues of an entity under a revenue
      sharing or royalty agreement.
        (9) The term "separated affiliate" means a corporation under
      common ownership or control with a Bell operating company that
      does not own or control a Bell operating company and is not owned
      or controlled by a Bell operating company and that engages in the
      provision of electronic publishing which is disseminated by means
      of such Bell operating company's or any of its affiliates' basic
      telephone service.
        (10) The term "Bell operating company" has the meaning provided
      in section 153 of this title, except that such term includes any
      entity or corporation that is owned or controlled by such a
      company (as so defined) but does not include an electronic
      publishing joint venture owned by such an entity or corporation.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 274, as added Pub. L. 104-
    104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Securities Exchange Act of 1934, referred to in subsec.
    (i)(4), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,
    which is classified principally to chapter 2B (Sec. 78a et seq.) of
    Title 15, Commerce and Trade. For complete classification of this
    Act to the Code, see section 78a of Title 15 and Tables.

-End-

-CITE-
    47 USC Sec. 275                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-
    Sec. 275. Alarm monitoring services

-STATUTE-
    (a) Delayed entry into alarm monitoring
      (1) Prohibition
        No Bell operating company or affiliate thereof shall engage in
      the provision of alarm monitoring services before the date which
      is 5 years after February 8, 1996.
      (2) Existing activities
        Paragraph (1) does not prohibit or limit the provision,
      directly or through an affiliate, of alarm monitoring services by
      a Bell operating company that was engaged in providing alarm
      monitoring services as of November 30, 1995, directly or through
      an affiliate. Such Bell operating company or affiliate may not
      acquire any equity interest in, or obtain financial control of,
      any unaffiliated alarm monitoring service entity after November
      30, 1995, and until 5 years after February 8, 1996, except that
      this sentence shall not prohibit an exchange of customers for the
      customers of an unaffiliated alarm monitoring service entity.
    (b) Nondiscrimination
      An incumbent local exchange carrier (as defined in section 251(h)
    of this title) engaged in the provision of alarm monitoring
    services shall - 
        (1) provide nonaffiliated entities, upon reasonable request,
      with the network services it provides to its own alarm monitoring
      operations, on nondiscriminatory terms and conditions; and
        (2) not subsidize its alarm monitoring services either directly
      or indirectly from telephone exchange service operations.
    (c) Expedited consideration of complaints
      The Commission shall establish procedures for the receipt and
    review of complaints concerning violations of subsection (b) of
    this section or the regulations thereunder that result in material
    financial harm to a provider of alarm monitoring service. Such
    procedures shall ensure that the Commission will make a final
    determination with respect to any such complaint within 120 days
    after receipt of the complaint. If the complaint contains an
    appropriate showing that the alleged violation occurred, as
    determined by the Commission in accordance with such regulations,
    the Commission shall, within 60 days after receipt of the
    complaint, order the incumbent local exchange carrier (as defined
    in section 251(h) of this title) and its affiliates to cease
    engaging in such violation pending such final determination.
    (d) Use of data
      A local exchange carrier may not record or use in any fashion the
    occurrence or contents of calls received by providers of alarm
    monitoring services for the purposes of marketing such services on
    behalf of such local exchange carrier, or any other entity. Any
    regulations necessary to enforce this subsection shall be issued
    initially within 6 months after February 8, 1996.
    (e) "Alarm monitoring service" defined
      The term "alarm monitoring service" means a service that uses a
    device located at a residence, place of business, or other fixed
    premises - 
        (1) to receive signals from other devices located at or about
      such premises regarding a possible threat at such premises to
      life, safety, or property, from burglary, fire, vandalism, bodily
      injury, or other emergency, and
        (2) to transmit a signal regarding such threat by means of
      transmission facilities of a local exchange carrier or one of its
      affiliates to a remote monitoring center to alert a person at
      such center of the need to inform the customer or another person
      or police, fire, rescue, security, or public safety personnel of
      such threat,

    but does not include a service that uses a medical monitoring
    device attached to an individual for the automatic surveillance of
    an ongoing medical condition.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 275, as added Pub. L. 104-
    104, title I, Sec. 151(a), Feb. 8, 1996, 110 Stat. 105.)

-End-

-CITE-
    47 USC Sec. 276                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER II - COMMON CARRIERS
    Part III - Special Provisions Concerning Bell Operating Companies

-HEAD-
    Sec. 276. Provision of payphone service

-STATUTE-
    (a) Nondiscrimination safeguards
      After the effective date of the rules prescribed pursuant to
    subsection (b) of this section, any Bell operating company that
    provides payphone service - 
        (1) shall not subsidize its payphone service directly or
      indirectly from its telephone exchange service operations or its
      exchange access operations; and
        (2) shall not prefer or discriminate in favor of its payphone
      service.
    (b) Regulations
      (1) Contents of regulations
        In order to promote competition among payphone service
      providers and promote the widespread deployment of payphone
      services to the benefit of the general public, within 9 months
      after February 8, 1996, the Commission shall take all actions
      necessary (including any reconsideration) to prescribe
      regulations that - 
          (A) establish a per call compensation plan to ensure that all
        payphone service providers are fairly compensated for each and
        every completed intrastate and interstate call using their
        payphone, except that emergency calls and telecommunications
        relay service calls for hearing disabled individuals shall not
        be subject to such compensation;
          (B) discontinue the intrastate and interstate carrier access
        charge payphone service elements and payments in effect on
        February 8, 1996, and all intrastate and interstate payphone
        subsidies from basic exchange and exchange access revenues, in
        favor of a compensation plan as specified in subparagraph (A);
          (C) prescribe a set of nonstructural safeguards for Bell
        operating company payphone service to implement the provisions
        of paragraphs (1) and (2) of subsection (a) of this section,
        which safeguards shall, at a minimum, include the nonstructural
        safeguards equal to those adopted in the Computer Inquiry-III
        (CC Docket No. 90-623) proceeding;
          (D) provide for Bell operating company payphone service
        providers to have the same right that independent payphone
        providers have to negotiate with the location provider on the
        location provider's selecting and contracting with, and,
        subject to the terms of any agreement with the location
        provider, to select and contract with, the carriers that carry
        interLATA calls from their payphones, unless the Commission
        determines in the rulemaking pursuant to this section that it
        is not in the public interest; and
          (E) provide for all payphone service providers to have the
        right to negotiate with the location provider on the location
        provider's selecting and contracting with, and, subject to the
        terms of any agreement with the location provider, to select
        and contract with, the carriers that carry intraLATA calls from
        their payphones.
      (2) Public interest telephones
        In the rulemaking conducted pursuant to paragraph (1), the
      Commission shall determine whether public interest payphones,
      which are provided in the interest of public health, safety, and
      welfare, in locations where there would otherwise not be a
      payphone, should be maintained, and if so, ensure that such
      public interest payphones are supported fairly and equitably.
      (3) Existing contracts
        Nothing in this section shall affect any existing contracts
      between location providers and payphone service providers or
      interLATA or intraLATA carriers that are in force and effect as
      of February 8, 1996.
    (c) State preemption
      To the extent that any State requirements are inconsistent with
    the Commission's regulations, the Commission's regulations on such
    matters shall preempt such State requirements.
    (d) "Payphone service" defined
      As used in this section, the term "payphone service" means the
    provision of public or semi-public pay telephones, the provision of
    inmate telephone service in correctional institutions, and any
    ancillary services.

-SOURCE-
    (June 19, 1934, ch. 652, title II, Sec. 276, as added Pub. L. 104-
    104, title I, Sec. 151(a), Feb. 8, 1996, 10 Stat. 106.)

-End-

-CITE-
    47 USC SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO
           RADIO                                           01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO

-HEAD-
           SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO       

-End-

-CITE-
    47 USC Part I - General Provisions                          01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
                        PART I - GENERAL PROVISIONS                    

-End-

-CITE-
    47 USC Sec. 301                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

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

-STATUTE-
      It is the purpose of this chapter, among other things, to
    maintain the control of the United States over all the channels of
    radio transmission; and to provide for the use of such channels,
    but not the ownership thereof, by persons for limited periods of
    time, under licenses granted by Federal authority, and no such
    license shall be construed to create any right, beyond the terms,
    conditions, and periods of the license. No person shall use or
    operate any apparatus for the transmission of energy or
    communications or signals by radio (a) from one place in any State,
    Territory, or possession of the United States or in the District of
    Columbia to another place in the same State, Territory, possession,
    or District; or (b) from any State, Territory, or possession of the
    United States, or from the District of Columbia to any other State,
    Territory, or possession of the United States; or (c) from any
    place in any State, Territory, or possession of the United States,
    or in the District of Columbia, to any place in any foreign country
    or to any vessel; or (d) within any State when the effects of such
    use extend beyond the borders of said State, or when interference
    is caused by such use or operation with the transmission of such
    energy, communications, or signals from within said State to any
    place beyond its borders, or from any place beyond its borders to
    any place within said State, or with the transmission or reception
    of such energy, communications, or signals from and/or to places
    beyond the borders of said State; or (e) upon any vessel or
    aircraft of the United States (except as provided in section 303(t)
    of this title); or (f) upon any other mobile stations within the
    jurisdiction of the United States, except under and in accordance
    with this chapter and with a license in that behalf granted under
    the provisions of this chapter.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 301, 48 Stat. 1081; Pub.
    L. 97-259, title I, Secs. 107, 111(b), Sept. 13, 1982, 96 Stat.
    1091, 1093.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as
    amended, known as the Communications Act of 1934, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 609 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1982 - Pub. L. 97-259 struck out "interstate and foreign" after
    "channels of" in first sentence, substituted "State, Territory,"
    for "Territory" after "from one place in any" and inserted "State,"
    after "to another place in the same" in cl. (a), and inserted
    "(except as provided in section 303(t) of this title)" in cl. (e).

-End-

-CITE-
    47 USC Sec. 302                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

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

-MISC1-
      Section, act June 19, 1934, ch. 652, title III, Sec. 302, 48
    Stat. 1081, divided United States into five zones for purposes of
    this subchapter.

-End-

-CITE-
    47 USC Sec. 302a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 302a. Devices which interfere with radio reception

-STATUTE-
    (a) Regulations
      The Commission may, consistent with the public interest,
    convenience, and necessity, make reasonable regulations (1)
    governing the interference potential of devices which in their
    operation are capable of emitting radio frequency energy by
    radiation, conduction, or other means in sufficient degree to cause
    harmful interference to radio communications; and (2) establishing
    minimum performance standards for home electronic equipment and
    systems to reduce their susceptibility to interference from radio
    frequency energy. Such regulations shall be applicable to the
    manufacture, import, sale, offer for sale, or shipment of such
    devices and home electronic equipment and systems, and to the use
    of such devices.
    (b) Restrictions
      No person shall manufacture, import, sell, offer for sale, or
    ship devices or home electronic equipment and systems, or use
    devices, which fail to comply with regulations promulgated pursuant
    to this section.
    (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
    section 301 of this title in any radio service for the operation at
    issue shall not be subject to action by a State or local government
    under this subsection. A State or local government statute or
    ordinance enacted for purposes of this subsection shall identify
    the exemption available under this paragraph.
      (3) The Commission shall, to the extent practicable, provide
    technical guidance to State and local governments regarding the
    detection and determination of violations of the regulations
    specified in paragraph (1).
      (4)(A) In addition to any other remedy authorized by law, a
    person affected by the decision of a State or local government
    agency enforcing a statute or ordinance under paragraph (1) may
    submit to the Commission an appeal of the decision on the grounds
    that the State or local government, as the case may be, enacted a
    statute or ordinance outside the authority provided in this
    subsection.
      (B) A person shall submit an appeal on a decision of a State or
    local government agency to the Commission under this paragraph, if
    at all, not later than 30 days after the date on which the decision
    by the State or local government agency becomes final, but prior to
    seeking judicial review of such decision.
      (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
    section 31101 of title 49, shall require probable cause to find
    that the commercial motor vehicle or the individual operating the
    vehicle is in violation of the regulations described in paragraph
    (1).

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 302, as added Pub. L. 90-
    379, July 5, 1968, 82 Stat. 290; amended Pub. L. 97-259, title I,
    Sec. 108(a), Sept. 13, 1982, 96 Stat. 1091; Pub. L. 102-556, title
    IV, Sec. 403(a), Oct. 28, 1992, 106 Stat. 4195; Pub. L. 104-104,
    title IV, Sec. 403(f), Feb. 8, 1996, 110 Stat. 131; Pub. L. 106-
    521, Sec. 1, Nov. 22, 2000, 114 Stat. 2438.)

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (f). Pub. L. 106-521 added subsec. (f).
      1996 - Subsec. (e). Pub. L. 104-104 added subsec. (e).
      1992 - Subsec. (d). Pub. L. 102-556 added subsec. (d).
      1982 - Subsec. (a). Pub. L. 97-259, Sec. 108(a)(1), (2), inserted
    "(1)" after "regulations" and "; and (2) establishing minimum
    performance standards for home electronic equipment and systems to
    reduce their susceptibility to interference from radio frequency
    energy" after "radio communications", and substituted "or shipment
    of such devices and home electronic equipment and systems, and to
    the use of such devices" for "shipment, or use of such devices".
      Subsec. (b). Pub. L. 97-259, Sec. 108(a)(3), substituted "or ship
    devices or home electronic equipment and systems, or use devices,"
    for "ship, or use devices".
      Subsec. (c). Pub. L. 97-259, Sec. 108(a)(4), inserted "or home
    electronic equipment and systems" after "devices" wherever
    appearing, inserted "and home electronic equipment and systems"
    after "Devices", substituted "objectives" for "common objective",
    and inserted "and to home electronic equipment and systems" after
    "reception".

                           EFFECT ON OTHER LAWS                       
      Section 403(c) of Pub. L. 102-556 provided that: "This section
    [amending this section] shall not affect section 2512(2) of title
    18, United States Code."

       MINIMUM PERFORMANCE STANDARDS; HOME ELECTRONIC EQUIPMENT AND
              SYSTEMS MANUFACTURED BEFORE SEPTEMBER 13, 1982
      Section 108(b) of Pub. L. 97-259 provided that: "Any minimum
    performance standard established by the Federal Communications
    Commission under section 302(a)(2) of the Communications Act of
    1934 [subsec. (a)(2) of this section], as added by the amendment
    made in subsection (a)(1), shall not apply to any home electronic
    equipment or systems manufactured before the date of the enactment
    of this Act [Sept. 13, 1982]."

-End-

-CITE-
    47 USC Sec. 303                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 303. Powers and duties of Commission

-STATUTE-
      Except as otherwise provided in this chapter, the Commission from
    time to time, as public convenience, interest, or necessity
    requires, shall - 
      (a) Classify radio stations;
      (b) Prescribe the nature of the service to be rendered by each
    class of licensed stations and each station within any class;
      (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 section 301 of this title and paragraph (1) of
    this subsection, the Commission may issue authorizations, under
    such conditions and terms as it may prescribe, to permit an alien
    licensed by his government as an amateur radio operator to operate
    his amateur radio station licensed by his government in the United
    States, its possessions, and the Commonwealth of Puerto Rico
    provided there is in effect a multilateral or bilateral agreement,
    to which the United States and the alien's government are parties,
    for such operation on a reciprocal basis by United States amateur
    radio operators. Other provisions of this chapter and of subchapter
    II of chapter 5, and chapter 7, of title 5 shall not be applicable
    to any request or application for or modification, suspension, or
    cancellation of any such authorization.
      (m)(1) Have authority to suspend the license of any operator upon
    proof sufficient to satisfy the Commission that the licensee - 
        (A) has violated, or caused, aided, or abetted the violation
      of, any provision of any Act, treaty, or convention binding on
      the United States, which the Commission is authorized to
      administer, or any regulation made by the Commission under any
      such Act, treaty, or convention; or
        (B) has failed to carry out a lawful order of the master or
      person lawfully in charge of the ship or aircraft on which he is
      employed; or
        (C) has willfully damaged or permitted radio apparatus or
      installations to be damaged; or
        (D) has transmitted superfluous radio communications or signals
      or communications containing profane or obscene words, language,
      or meaning, or has knowingly transmitted - 
          (1) false or deceptive signals or communications, or
          (2) a call signal or letter which has not been assigned by
        proper authority to the station he is operating; or

        (E) has willfully or maliciously interfered with any other
      radio communications or signals; or
        (F) has obtained or attempted to obtain, or has assisted
      another to obtain or attempt to obtain, an operator's license by
      fraudulent means.

      (2) No order of suspension of any operator's license shall take
    effect until fifteen days' notice in writing thereof, stating the
    cause for the proposed suspension, has been given to the operator
    licensee who may make written application to the Commission at any
    time within said fifteen days for a hearing upon such order. The
    notice to the operator licensee shall not be effective until
    actually received by him, and from that time he shall have fifteen
    days in which to mail the said application. In the event that
    physical conditions prevent mailing of the application at the
    expiration of the fifteen-day period, the application shall then be
    mailed as soon as possible thereafter, accompanied by a
    satisfactory explanation of the delay. Upon receipt by the
    Commission of such application for hearing, said order of
    suspension shall be held in abeyance until the conclusion of the
    hearing which shall be conducted under such rules as the Commission
    may prescribe. Upon the conclusion of said hearing the Commission
    may affirm, modify, or revoke said order of suspension.
      (n) Have authority to inspect all radio installations associated
    with stations required to be licensed by any Act, or which the
    Commission by rule has authorized to operate without a license
    under section 307(e)(1) of this title, or which are subject to the
    provisions of any Act, treaty, or convention binding on the United
    States, to ascertain whether in construction, installation, and
    operation they conform to the requirements of the rules and
    regulations of the Commission, the provisions of any Act, the terms
    of any treaty or convention binding on the United States, and the
    conditions of the license or other instrument of authorization
    under which they are constructed, installed, or operated.
      (o) Have authority to designate call letters of all stations;
      (p) Have authority to cause to be published such call letters and
    such other announcements and data as in the judgment of the
    Commission may be required for the efficient operation of radio
    stations subject to the jurisdiction of the United States and for
    the proper enforcement of this chapter;
      (q) Have authority to require the painting and/or illumination of
    radio towers if and when in its judgment such towers constitute, or
    there is a reasonable possibility that they may constitute, a
    menace to air navigation. The permittee or licensee, and the tower
    owner in any case in which the owner is not the permittee or
    licensee, shall maintain the painting and/or illumination of the
    tower as prescribed by the Commission pursuant to this section. In
    the event that the tower ceases to be licensed by the Commission
    for the transmission of radio energy, the owner of the tower shall
    maintain the prescribed painting and/or illumination of such tower
    until it is dismantled, and the Commission may require the owner to
    dismantle and remove the tower when the Administrator of the
    Federal Aviation Agency determines that there is a reasonable
    possibility that it may constitute a menace to air navigation.
      (r) Make such rules and regulations and prescribe such
    restrictions and conditions, not inconsistent with law, as may be
    necessary to carry out the provisions of this chapter, or any
    international radio or wire communications treaty or convention, or
    regulations annexed thereto, including any treaty or convention
    insofar as it relates to the use of radio, to which the United
    States is or may hereafter become a party.
      (s) Have authority to require that apparatus designed to receive
    television pictures broadcast simultaneously with sound be capable
    of adequately receiving all frequencies allocated by the Commission
    to television broadcasting when such apparatus is shipped in
    interstate commerce, or is imported from any foreign country into
    the United States, for sale or resale to the public.
      (t) Notwithstanding the provisions of section 301(e) of this
    title, have authority, in any case in which an aircraft registered
    in the United States is operated (pursuant to a lease, charter, or
    similar arrangement) by an aircraft operator who is subject to
    regulation by the government of a foreign nation, to enter into an
    agreement with such government under which the Commission shall
    recognize and accept any radio station licenses and radio operator
    licenses issued by such government with respect to such aircraft.
      (u) Require that apparatus designed to receive television
    pictures broadcast simultaneously with sound be equipped with built-
    in decoder circuitry designed to display closed-captioned
    television transmissions when such apparatus is manufactured in the
    United States or imported for use in the United States, and its
    television picture screen is 13 inches or greater in size.
      (v) Have exclusive jurisdiction to regulate the provision of
    direct-to-home satellite services. As used in this subsection, the
    term "direct-to-home satellite services" means the distribution or
    broadcasting of programming or services by satellite directly to
    the subscriber's premises without the use of ground receiving or
    distribution equipment, except at the subscriber's premises or in
    the uplink process to the satellite.
      (w) Omitted.
      (x) Require, in the case of an apparatus designed to receive
    television signals that are shipped in interstate commerce or
    manufactured in the United States and that have a picture screen 13
    inches or greater in size (measured diagonally), that such
    apparatus be equipped with a feature designed to enable viewers to
    block display of all programs with a common rating, except as
    otherwise permitted by regulations pursuant to section 330(c)(4) of
    this title.
      (y) Have authority to allocate electromagnetic spectrum so as to
    provide flexibility of use, if - 
        (1) such use is consistent with international agreements to
      which the United States is a party; and
        (2) the Commission finds, after notice and an opportunity for
      public comment, that - 
          (A) such an allocation would be in the public interest;
          (B) such use would not deter investment in communications
        services and systems, or technology development; and
          (C) such use would not result in harmful interference among
        users.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 303, 48 Stat. 1082; May
    20, 1937, ch. 229, Secs. 5, 6, 50 Stat. 190, 191; Pub. L. 85-817,
    Sec. 1, Aug. 28, 1958, 72 Stat. 981; Pub. L. 87-445, Apr. 27, 1962,
    76 Stat. 64; Pub. L. 87-529, Sec. 1, July 10, 1962, 76 Stat. 150;
    Pub. L. 88-313, Sec. 1, May 28, 1964, 78 Stat. 202; Pub. L. 88-487,
    Sec. 2, Aug. 22, 1964, 78 Stat. 602; Pub. L. 89-268, Oct. 19, 1965,
    79 Stat. 990; Pub. L. 92-81, Sec. 1, Aug. 10, 1971, 85 Stat. 302;
    Pub. L. 93-505, Sec. 1, Nov. 30, 1974, 88 Stat. 1576; Pub. L. 97-
    259, title I, Secs. 109-111(a), 113(b), Sept. 13, 1982, 96 Stat.
    1092, 1093; Pub. L. 101-396, Sec. 8(a), Sept. 28, 1990, 104 Stat.
    850; Pub. L. 101-431, Sec. 3, Oct. 15, 1990, 104 Stat. 960; Pub. L.
    102-538, title II, Sec. 210(a), Oct. 27, 1992, 106 Stat. 3544; Pub.
    L. 104-104, title II, Sec. 205(b), title IV, Sec. 403(g), title V,
    Sec. 551(b)(1), (c), Feb. 8, 1996, 110 Stat. 114, 131, 140, 141;
    Pub. L. 105-33, title III, Sec. 3005, Aug. 5, 1997, 111 Stat. 268.)

-COD-
                               CODIFICATION                           
      Enactment of subsec. (w) by Pub. L. 104-104, Sec. 551(b)(1), did
    not become effective pursuant to Pub. L. 104-104, Sec. 551(e)(1),
    because the Federal Communications Commission on Mar. 12, 1998,
    adopted an order finding acceptable the video programming rating
    system currently in voluntary use. See 1996 Amendment note and
    Effective Date of 1996 Amendment note below.
      In subsec. (l)(3), "subchapter II of chapter 5, and chapter 7, of
    title 5" substituted for "the Administrative Procedure Act" on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (y). Pub. L. 105-33 added subsec. (y).
      1996 - Subsec. (f). Pub. L. 104-104, Sec. 403(g), struck out ",
    after a public hearing," after "unless".
      Subsec. (v). Pub. L. 104-104, Sec. 205(b), added subsec. (v).
      Subsec. (w). Pub. L. 104-104, Sec. 551(b)(1), which did not
    become effective, directed the insertion of subsec. (w) reading as
    follows: "Prescribe - 
        "(1) on the basis of recommendations from an advisory committee
      established by the Commission in accordance with section
      551(b)(2) of the Telecommunications Act of 1996, guidelines and
      recommended procedures for the identification and rating of video
      programming that contains sexual, violent, or other indecent
      material about which parents should be informed before it is
      displayed to children: Provided, That nothing in this paragraph
      shall be construed to authorize any rating of video programming
      on the basis of its political or religious content; and
        "(2) with respect to any video programming that has been rated,
      and in consultation with the television industry, rules requiring
      distributors of such video programming to transmit such rating to
      permit parents to block the display of video programming that
      they have determined is inappropriate for their children."
    See Codification note above and Effective Date of 1996 Amendment
    note below.
      Subsec. (x). Pub. L. 104-104, Sec. 551(c), added subsec. (x).
      1992 - Subsec. (q). Pub. L. 102-538 inserted ", and the tower
    owner in any case in which the owner is not the permittee or
    licensee," after "permittee or licensee".
      1990 - Subsec. (l)(3). Pub. L. 101-396 substituted "multilateral
    or bilateral agreement, to which the United States and the alien's
    government are parties," for "bilateral agreement between the
    United States and the alien's government".
      Subsec. (u). Pub. L. 101-431 added subsec. (u).
      1982 - Subsec. (l)(1). Pub. L. 97-259, Sec. 109, substituted
    "persons who are found to be qualified by the commission and who
    otherwise are legally eligible for employment in the United States"
    for "such citizens or nationals of the United States, or citizens
    of the Trust Territory of the Pacific Islands presenting valid
    identity certificates issued by the High Commissioner of such
    Territory, as the Commission finds qualified", and substituted
    provision that the requirement relating to eligibility for
    employment in the United States shall not apply in the case of
    licenses issued by the Commission to (A) persons holding United
    States pilot certificates; or (B) persons holding foreign aircraft
    pilot certificates which are valid in the United States, if the
    foreign government involved has entered into a reciprocal agreement
    under which such foreign government does not impose any similar
    requirement relating to eligibility for employment upon citizens of
    the United States for provision that in issuing licenses for the
    operation of radio stations on aircraft the Commission, if it found
    that the public interest would be served thereby, could waive the
    requirement of citizenship in the case of persons holding United
    States pilot certificates or in the case of persons holding foreign
    aircraft pilot certificates which were valid in the United States
    on the basis of reciprocal agreements entered into with foreign
    governments.
      Subsec. (m)(1)(A). Pub. L. 97-259, Sec. 110, inserted ", or
    caused, aided, or abetted the violation of," after "violated".
      Subsec. (n). Pub. L. 97-259, Sec. 113(b), inserted ", or which
    the Commission by rule has authorized to operate without a license
    under section 307(e)(1) of this title," after "licensed by any
    Act".
      Subsec. (t). Pub. L. 97-259, Sec. 111(a), added subsec. (t).
      1974 - Subsec. (l)(2). Pub. L. 93-505 substituted provisions
    relating to issuance, notwithstanding par. (1) of this subsection,
    to an individual to whom a radio station is licensed under this
    chapter of an operator's license to operate that station, for
    provisions relating to issuance by the Commission of
    authorizations, under terms and conditions, for aliens licensed as
    amateur radio operators by their governments to operate in the
    United States, possessions, and Puerto Rico upon meeting specified
    preconditions.
      Subsec. (l)(3). Pub. L. 93-505 substituted provisions relating to
    issuance of authorizations for aliens licensed by their governments
    as amateur radio operators to operate their radio stations in the
    United States, possessions, and Puerto Rico, under terms and
    conditions prescribed by the Commission and upon meeting specified
    preconditions, for provisions relating to issuance of licenses by
    the Commission, notwithstanding par. (1) of this subsection, to
    aliens admitted to the United States as permanent residents.
      1971 - Subsec. (l)(3). Pub. L. 92-81 added par. (3).
      1965 - Subsec. (q). Pub. L. 89-268 required abandoned or unused
    radio towers to continue to meet the same painting and lighting
    requirements that would be applicable if such towers were being
    used in connection with transmission of radio energy pursuant to a
    license issued by the Commission and authorized the Commission to
    direct dismantlement of such towers when the Administrator of the
    Federal Aviation Agency determines that there is a reasonable
    possibility that they may constitute a menace to air navigation.
      1964 - Subsec. (l). Pub. L. 88-487 inserted "or citizens of the
    Trust Territory of the Pacific Islands presenting valid identity
    certificates issued by the High Commissioner of such Territory".
      Pub. L. 88-313 designated existing provisions of subsec. (l) as
    par. (1), and added par. (2).
      1962 - Subsec. (l). Pub. L. 87-445 inserted "or nationals" after
    "citizens".
      Subsec. (s). Pub. L. 87-529 added subsec. (s).
      1958 - Subsec. (l). Pub. L. 85-817 authorized Commission to waive
    citizenship requirement in issuing licenses for operation of radio
    stations on aircraft.
      1937 - Subsecs. (m), (n). Act May 20, 1937, Secs. 5, 6(a),
    amended subsecs. (m) and (n) generally.
      Subsec. (r). Act May 20, 1937, Sec. 6(b), added subsec. (r).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 551(e) of Pub. L. 104-104 provided that:
      "(1) Applicability of rating provision. - The amendment made by
    subsection (b) of this section [amending this section] shall take
    effect 1 year after the date of enactment of this Act [Feb. 8,
    1996], but only if the Commission determines [see Codification note
    above], in consultation with appropriate public interest groups and
    interested individuals from the private sector, that distributors
    of video programming have not, by such date - 
        "(A) established voluntary rules for rating video programming
      that contains sexual, violent, or other indecent material about
      which parents should be informed before it is displayed to
      children, and such rules are acceptable to the Commission; and
        "(B) agreed voluntarily to broadcast signals that contain
      ratings of such programming.
      "(2) Effective date of manufacturing provision. - In prescribing
    regulations to implement the amendment made by subsection (c)
    [amending this section], the Federal Communications Commission
    shall, after consultation with the television manufacturing
    industry, specify the effective date for the applicability of the
    requirement to the apparatus covered by such amendment, which date
    shall not be less than two years after the date of enactment of
    this Act [Feb. 8, 1996]." [On Mar. 12, 1998, the Federal
    Communications Commission adopted technical rules that require
    certain television receivers to be equipped with features to block
    display of programs with a common rating. This feature was to be
    phased in, with half of subject television receivers to have it by
    July 1, 1999, and all such models to have it by Jan. 1, 2000.]

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 210(c) of Pub. L. 102-538 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect 30
    days after the date of enactment of this Act [Oct. 27, 1992]."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 5 of Pub. L. 101-431 provided that: "Sections 3 and 4 of
    this Act [amending this section and section 330 of this title]
    shall take effect on July 1, 1993."

                                REGULATIONS                            
      Section 6 of Pub. L. 101-431 provided that: "The Federal
    Communications Commission shall promulgate rules to implement this
    Act [amending this section and section 330 of this title and
    enacting provisions set out as notes under this section and section
    609 of this title] within 180 days after the date of its enactment
    [Oct. 15, 1990]."
      Pub. L. 100-459, title VI, Sec. 608, Oct. 1, 1988, 102 Stat.
    2228, directed Federal Communications Commission to promulgate, by
    Jan. 31, 1989, regulations in accordance with section 1464 of Title
    18, Crimes and Criminal Procedure, to enforce the provisions of
    such section on a 24 hour per day basis, prior to repeal by Pub. L.
    102-356, Sec. 16(b), Aug. 26, 1992, 106 Stat. 954.

                            BROADCAST OWNERSHIP                        
      Pub. L. 104-104, title II, Sec. 202, Feb. 8, 1996, 110 Stat. 110,
    as amended by Pub. L. 108-199, div. B, title VI, Sec. 629, Jan. 23,
    2004, 118 Stat. 99, provided that:
      "(a) National Radio Station Ownership Rule Changes Required. -
    The Commission shall modify section 73.3555 of its regulations (47
    C.F.R. 73.3555) by eliminating any provisions limiting the number
    of AM or FM broadcast stations which may be owned or controlled by
    one entity nationally.
      "(b) Local Radio Diversity. - 
        "(1) Applicable caps. - The Commission shall revise section
      73.3555(a) of its regulations (47 C.F.R. 73.3555) to provide that
      - 
          "(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) Exception. - Notwithstanding any limitation authorized by
      this subsection, the Commission may permit a person or entity to
      own, operate, or control, or have a cognizable interest in, radio
      broadcast stations if the Commission determines that such
      ownership, operation, control, or interest will result in an
      increase in the number of radio broadcast stations in operation.
      "(c) Television Ownership Limitations. - 
        "(1) National ownership limitations. - The Commission shall
      modify its rules for multiple ownership set forth in section
      73.3555 of its regulations (47 C.F.R. 73.3555) - 
          "(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) Local ownership limitations. - The Commission shall
      conduct a rulemaking proceeding to determine whether to retain,
      modify, or eliminate its limitations on the number of television
      stations that a person or entity may own, operate, or control, or
      have a cognizable interest in, within the same television market.
        "(3) Divestiture. - A person or entity that exceeds the 39
      percent national audience reach limitation for television
      stations in paragraph (1)(B) through grant, transfer, or
      assignment of an additional license for a commercial television
      broadcast station shall have not more than 2 years after
      exceeding such limitation to come into compliance with such
      limitation. This divestiture requirement shall not apply to
      persons or entities that exceed the 39 percent national audience
      reach limitation through population growth.
        "(4) Forbearance. - Section 10 of the Communications Act of
      1934 (47 U.S.C. 160) shall not apply to any person or entity that
      exceeds the 39 percent national audience reach limitation for
      television stations in paragraph (1)(B);[.]
      "(d) Relaxation of One-To-A-Market. - With respect to its
    enforcement of its one-to-a-market ownership rules under section
    73.3555 of its regulations, the Commission shall extend its waiver
    policy to any of the top 50 markets, consistent with the public
    interest, convenience, and necessity.
      "(e) Dual Network Changes. - The Commission shall revise section
    73.658(g) of its regulations (47 C.F.R. 658(g)) to permit a
    television broadcast station to affiliate with a person or entity
    that maintains 2 or more networks of television broadcast stations
    unless such dual or multiple networks are composed of - 
        "(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) Cable Cross Ownership. - 
        "(1) Elimination of restrictions. - The Commission shall revise
      section 76.501 of its regulations (47 C.F.R. 76.501) to permit a
      person or entity to own or control a network of broadcast
      stations and a cable system.
        "(2) Safeguards against discrimination. - The Commission shall
      revise such regulations if necessary to ensure carriage, channel
      positioning, and nondiscriminatory treatment of nonaffiliated
      broadcast stations by a cable system described in paragraph (1).
      "(g) Local Marketing Agreements. - Nothing in this section shall
    be construed to prohibit the origination, continuation, or renewal
    of any television local marketing agreement that is in compliance
    with the regulations of the Commission.
      "(h) Further Commission Review. - The Commission shall review its
    rules adopted pursuant to this section and all of its ownership
    rules quadrennially as part of its regulatory reform review under
    section 11 of the Communications Act of 1934 [47 U.S.C. 161] and
    shall determine whether any of such rules are necessary in the
    public interest as the result of competition. The Commission shall
    repeal or modify any regulation it determines to be no longer in
    the public interest. This subsection does not apply to any rules
    relating to the 39 percent national audience reach limitation in
    subsection (c)(1)(B).
      "(i) Elimination of Statutory Restriction. - [Amended section
    533(a) of this title.]"

              RESTRICTIONS ON OVER-THE-AIR RECEPTION DEVICES          
      Section 207 of Pub. L. 104-104 provided that: "Within 180 days
    after the date of enactment of this Act [Feb. 8, 1996], the
    Commission shall, pursuant to section 303 of the Communications Act
    of 1934 [47 U.S.C. 303], promulgate regulations to prohibit
    restrictions that impair a viewer's ability to receive video
    programming services through devices designed for over-the-air
    reception of television broadcast signals, multichannel multipoint
    distribution service, or direct broadcast satellite services."

                 PARENTAL CHOICE IN TELEVISION PROGRAMMING             
      Section 551(a) of Pub. L. 104-104 provided that: "The Congress
    makes the following findings:
        "(1) Television influences children's perception of the values
      and behavior that are common and acceptable in society.
        "(2) Television station operators, cable television system
      operators, and video programmers should follow practices in
      connection with video programming that take into consideration
      that television broadcast and cable programming has established a
      uniquely pervasive presence in the lives of American children.
        "(3) The average American child is exposed to 25 hours of
      television each week and some children are exposed to as much as
      11 hours of television a day.
        "(4) Studies have shown that children exposed to violent video
      programming at a young age have a higher tendency for violent and
      aggressive behavior later in life than children not so exposed,
      and that children exposed to violent video programming are prone
      to assume that acts of violence are acceptable behavior.
        "(5) Children in the United States are, on average, exposed to
      an estimated 8,000 murders and 100,000 acts of violence on
      television by the time the child completes elementary school.
        "(6) Studies indicate that children are affected by the
      pervasiveness and casual treatment of sexual material on
      television, eroding the ability of parents to develop responsible
      attitudes and behavior in their children.
        "(7) Parents express grave concern over violent and sexual
      video programming and strongly support technology that would give
      them greater control to block video programming in the home that
      they consider harmful to their children.
        "(8) There is a compelling governmental interest in empowering
      parents to limit the negative influences of video programming
      that is harmful to children.
        "(9) Providing parents with timely information about the nature
      of upcoming video programming and with the technological tools
      that allow them easily to block violent, sexual, or other
      programming that they believe harmful to their children is a
      nonintrusive and narrowly tailored means of achieving that
      compelling governmental interest."

                      ADVISORY COMMITTEE REQUIREMENTS                  
      Section 551(b)(2) of Pub. L. 104-104 provided that: "In
    establishing an advisory committee for purposes of the amendment
    made by paragraph (1) of this subsection [amending this section],
    the Commission shall - 
        "(A) ensure that such committee is composed of parents,
      television broadcasters, television programming producers, cable
      operators, appropriate public interest groups, and other
      interested individuals from the private sector and is fairly
      balanced in terms of political affiliation, the points of view
      represented, and the functions to be performed by the committee;
        "(B) provide to the committee such staff and resources as may
      be necessary to permit it to perform its functions efficiently
      and promptly; and
        "(C) require the committee to submit a final report of its
      recommendations within one year after the date of the appointment
      of the initial members."

                              TECHNOLOGY FUND                          
      Section 552 of Pub. L. 104-104 provided that: "It is the policy
    of the United States to encourage broadcast television, cable,
    satellite, syndication, other video programming distributors, and
    relevant related industries (in consultation with appropriate
    public interest groups and interested individuals from the private
    sector) to - 
        "(1) establish a technology fund to encourage television and
      electronics equipment manufacturers to facilitate the development
      of technology which would empower parents to block programming
      they deem inappropriate for their children and to encourage the
      availability thereof to low income parents;
        "(2) report to the viewing public on the status of the
      development of affordable, easy to use blocking technology; and
        "(3) establish and promote effective procedures, standards,
      systems, advisories, or other mechanisms for ensuring that users
      have easy and complete access to the information necessary to
      effectively utilize blocking technology and to encourage the
      availability thereof to low income parents."

                       AM RADIO IMPROVEMENT STANDARD                   
      Section 214 of Pub. L. 102-538 provided that: "The Federal
    Communications Commission shall - 
        "(1) within 60 days after the date of enactment of this Act
      [Oct. 27, 1992], initiate a rulemaking to adopt a single AM radio
      stereophonic transmitting equipment standard that specifies the
      composition of the transmitted stereophonic signal; and
        "(2) within one year after such date of enactment, adopt such
      standard."

           BROADCASTING OF INDECENT PROGRAMMING; FCC REGULATIONS       
      Pub. L. 102-356, Sec. 16(a), Aug. 26, 1992, 106 Stat. 954,
    provided that: "The Federal Communications Commission shall
    promulgate regulations to prohibit the broadcasting of indecent
    programming - 
        "(1) between 6 a.m. and 10 p.m. on any day by any public radio
      station or public television station that goes off the air at or
      before 12 midnight; and
        "(2) between 6 a.m. and 12 midnight on any day for any radio or
      television broadcasting station not described in paragraph (1).
    The regulations required under this subsection shall be promulgated
    in accordance with section 553 of title 5, United States Code, and
    shall become final not later than 180 days after the date of
    enactment of this Act [Aug. 26, 1992]."

    CONGRESSIONAL FINDINGS REGARDING ACCESS BY HEARING-IMPAIRED PEOPLE
                           TO TELEVISION MEDIUM
      Section 2 of Pub. L. 101-431 provided that: "The Congress finds
    that - 
        "(1) to the fullest extent made possible by technology, deaf
      and hearing-impaired people should have equal access to the
      television medium;
        "(2) closed-captioned television transmissions have made it
      possible for thousands of deaf and hearing-impaired people to
      gain access to the television medium, thus significantly
      improving the quality of their lives;
        "(3) closed-captioned television will provide access to
      information, entertainment, and a greater understanding of our
      Nation and the world to over 24,000,000 people in the United
      States who are deaf or hearing-impaired;
        "(4) closed-captioned television will provide benefits for the
      nearly 38 percent of older Americans who have some loss of
      hearing;
        "(5) closed-captioned television can assist both hearing and
      hearing-impaired children with reading and other learning skills,
      and improve literacy skills among adults;
        "(6) closed-captioned television can assist those among our
      Nation's large immigrant population who are learning English as a
      second language with language comprehension;
        "(7) currently, a consumer must buy a TeleCaption decoder and
      connect the decoder to a television set in order to display the
      closed-captioned television transmissions;
        "(8) technology is now available to enable that closed-caption
      decoding capability to be built into new television sets during
      manufacture at a nominal cost by 1991; and
        "(9) the availability of decoder-equipped television sets will
      significantly increase the audience that can be served by closed-
      captioned television, and such increased market will be an
      incentive to the television medium to provide more captioned
      programming."

        DIRECTION ON USE OF FUNDS REGARDING SPECTRUM ALLOCATION AND
                  ASSIGNMENTS FOR PUBLIC SAFETY PURPOSES
      Pub. L. 98-214, Sec. 9, Dec. 8, 1983, 97 Stat. 1470, provided
    that:
      "(a) Funds authorized to be appropriated under section 2 of this
    Act [amending section 156 of this title] shall be used by the
    Federal Communications Commission to establish a plan which
    adequately ensures that the needs of State and local public safety
    authorities would be taken into account in making allocations of
    the electromagnetic spectrum. In establishing such a plan the
    Commission shall (1) review the current and future needs of such
    public safety authorities in light of suitable and commercially
    available equipment and (2) consider the need for a nationwide
    contiguous frequency allocation for public safety purposes.
      "(b) Pending adoption of a plan, the Commission, while making
    assignments and allocations, shall duly recognize the needs of
    State and local public safety authorities."

-End-

-CITE-
    47 USC Sec. 303a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 303a. Standards for children's television programming

-STATUTE-
    (a) Establishment
      The Commission shall, within 30 days after October 18, 1990,
    initiate a rulemaking proceeding to prescribe standards applicable
    to commercial television broadcast licensees with respect to the
    time devoted to commercial matter in conjunction with children's
    television programming. The Commission shall, within 180 days after
    October 18, 1990, complete the rulemaking proceeding and prescribe
    final standards that meet the requirements of subsection (b) of
    this section.
    (b) Advertising duration limitations
      Except as provided in subsection (c) of this section, the
    standards prescribed under subsection (a) of this section shall
    include the requirement that each commercial television broadcast
    licensee shall limit the duration of advertising in children's
    television programming to not more than 10.5 minutes per hour on
    weekends and not more than 12 minutes per hour on weekdays.
    (c) Review of advertising duration limitations; modification
      After January 1, 1993, the Commission - 
        (1) may review and evaluate the advertising duration
      limitations required by subsection (b) of this section; and
        (2) may, after notice and public comment and a demonstration of
      the need for modification of such limitations, modify such
      limitations in accordance with the public interest.
    (d) "Commercial television broadcast licensee" defined
      As used in this section, the term "commercial television
    broadcast licensee" includes a cable operator, as defined in
    section 522 of this title.

-SOURCE-
    (Pub. L. 101-437, title I, Sec. 102, Oct. 17, 1990, 104 Stat. 996.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Children's Television Act of
    1990, and not as part of the Communications Act of 1934 which
    comprises this chapter.

-MISC1-
                          CONGRESSIONAL FINDINGS                      
      Section 101 of title I of Pub. L. 101-437 provided that: "The
    Congress finds that - 
        "(1) it has been clearly demonstrated that television can
      assist children to learn important information, skills, values,
      and behavior, while entertaining them and exciting their
      curiosity to learn about the world around them;
        "(2) as part of their obligation to serve the public interest,
      television station operators and licensees should provide
      programming that serves the special needs of children;
        "(3) the financial support of advertisers assists in the
      provision of programming to children;
        "(4) special safeguards are appropriate to protect children
      from overcommercialization on television;
        "(5) television station operators and licensees should follow
      practices in connection with children's television programming
      and advertising that take into consideration the characteristics
      of this child audience; and
        "(6) it is therefore necessary that the Federal Communications
      Commission (hereinafter referred to as the 'Commission') take the
      actions required by this title [enacting sections 303a and 303b
      of this title]."

-End-

-CITE-
    47 USC Sec. 303b                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 303b. Consideration of children's television service in
      broadcast license renewal

-STATUTE-
      (a) After the standards required by section 303a of this title
    are in effect, the Commission shall, in its review of any
    application for renewal of a commercial or noncommercial television
    broadcast license, consider the extent to which the licensee - 
        (1) has complied with such standards; and
        (2) has served the educational and informational needs of
      children through the licensee's overall programming, including
      programming specifically designed to serve such needs.

      (b) In addition to consideration of the licensee's programming as
    required under subsection (a) of this section, the Commission may
    consider - 
        (1) any special nonbroadcast efforts by the licensee which
      enhance the educational and informational value of such
      programming to children; and
        (2) any special efforts by the licensee to produce or support
      programming broadcast by another station in the licensee's
      marketplace which is specifically designed to serve the
      educational and informational needs of children.

-SOURCE-
    (Pub. L. 101-437, title I, Sec. 103, Oct. 17, 1990, 104 Stat. 997;
    Pub. L. 102-356, Sec. 15, Aug. 26, 1992, 106 Stat. 954; Pub. L. 103-
    414, title III, Sec. 303(c), Oct. 25, 1994, 108 Stat. 4296.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Children's Television Act of
    1990, and not as part of the Communications Act of 1934 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-414 substituted "noncommercial"
    for "noncommerical".
      1992 - Subsec. (a). Pub. L. 102-356 inserted reference to
    commercial or noncommercial television broadcast licenses.

-End-

-CITE-
    47 USC Sec. 303c                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 303c. Television program improvement

-STATUTE-
    (a) Short title
      This section may be cited as the "Television Program Improvement
    Act of 1990".
    (b) Definitions
      For purposes of this section - 
        (1) the term "antitrust laws" has the meaning given it in
      subsection (a) of section 12 of title 15, except that such term
      includes section 45 of title 15 to the extent that section 45 of
      title 15 applies to unfair methods of competition;
        (2) the term "person in the television industry" means a
      television network, any entity which produces programming
      (including theatrical motion pictures) for telecasting or
      telecasts programming, the National Cable Television Association,
      the Association of Independent Television Stations, Incorporated,
      the National Association of Broadcasters, the Motion Picture
      Association of America, the Community Antenna Television
      Association, and each of the networks' affiliate organizations,
      and shall include any individual acting on behalf of such person;
      and
        (3) the term "telecast" means - 
          (A) to broadcast by a television broadcast station; or
          (B) to transmit by a cable television system or a satellite
        television distribution service.
    (c) Exemption
      The antitrust laws shall not apply to any joint discussion,
    consideration, review, action, or agreement by or among persons in
    the television industry for the purpose of, and limited to,
    developing and disseminating voluntary guidelines designed to
    alleviate the negative impact of violence in telecast material.
    (d) Limitations
      (1) The exemption provided in subsection (c) of this section
    shall not apply to any joint discussion, consideration, review,
    action, or agreement which results in a boycott of any person.
      (2) The exemption provided in subsection (c) of this section
    shall apply only to any joint discussion, consideration, review,
    action, or agreement engaged in only during the 3-year period
    beginning on December 1, 1990.

-SOURCE-
    (Pub. L. 101-650, title V, Sec. 501, Dec. 1, 1990, 104 Stat. 5127.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Television Program Improvement
    Act of 1990 and also as part of the Judicial Improvements Act of
    1990, and not as part of the Communications Act of 1934 which
    comprises this chapter.

-End-

-CITE-
    47 USC Sec. 304                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 304. Waiver by license of claims to particular frequency or of
      electromagnetic spectrum

-STATUTE-
      No station license shall be granted by the Commission until the
    applicant therefor shall have waived any claim to the use of any
    particular frequency or of the electromagnetic spectrum as against
    the regulatory power of the United States because of the previous
    use of the same, whether by license or otherwise.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 304, 48 Stat. 1083; Pub.
    L. 97-259, title I, Sec. 127(a), Sept. 13, 1982, 96 Stat. 1099;
    Pub. L. 102-538, title II, Sec. 204(a), Oct. 27, 1992, 106 Stat.
    3543.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-538 substituted "waived" for "signed a waiver
    of".
      1982 - Pub. L. 97-259 substituted "electromagnetic spectrum" for
    "ether".

-End-

-CITE-
    47 USC Sec. 305                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 305. Government owned stations

-STATUTE-
    (a) Frequencies; compliance with regulations; stations on vessels
      Radio stations belonging to and operated by the United States
    shall not be subject to the provisions of sections 301 and 303 of
    this title. All such Government stations shall use such frequencies
    as shall be assigned to each or to each class by the President. All
    such stations, except stations on board naval and other Government
    vessels while at sea or beyond the limits of the continental United
    States, when transmitting any radio communication or signal other
    than a communication or signal relating to Government business,
    shall conform to such rules and regulations designed to prevent
    interference with other radio stations and the rights of others as
    the Commission may prescribe.
    (b) Call letters
      All stations owned and operated by the United States, except
    mobile stations of the Army of the United States, and all other
    stations on land and sea, shall have special call letters
    designated by the Commission.
    (c) Stations operated by foreign governments
      The provisions of sections 301 and 303 of this title
    notwithstanding, the President may, provided he determines it to be
    consistent with and in the interest of national security, authorize
    a foreign government, under such terms and conditions as he may
    prescribe, to construct and operate at the seat of government of
    the United States a low-power radio station in the fixed service at
    or near the site of the embassy or legation of such foreign
    government for transmission of its messages to points outside the
    United States, but only (1) where he determines that the
    authorization would be consistent with the national interest of the
    United States and (2) where such foreign government has provided
    reciprocal privileges to the United States to construct and operate
    radio stations within territories subject to its jurisdiction.
    Foreign government stations authorized pursuant to the provisions
    of this subsection shall conform to such rules and regulations as
    the President may prescribe. The authorization of such stations,
    and the renewal, modification, suspension, revocation, or other
    termination of such authority shall be in accordance with such
    procedures as may be established by the President and shall not be
    subject to the other provisions of this chapter or of subchapter II
    of chapter 5, and chapter 7, of title 5.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 305, 48 Stat. 1083; Pub.
    L. 87-795, Oct. 11, 1962, 76 Stat. 903; Pub. L. 97-31, Sec.
    12(150), Aug. 6, 1981, 95 Stat. 167; Pub. L. 104-104, title IV,
    Sec. 403(h)(1), Feb. 8, 1996, 110 Stat. 131.)

-COD-
                               CODIFICATION                           
      In subsec. (c), "subchapter II of chapter 5, and chapter 7, of
    title 5" substituted for "the Administrative Procedure Act" on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsecs. (b) to (d). Pub. L. 104-104 redesignated subsecs.
    (c) and (d) as (b) and (c), respectively, and struck out former
    subsec. (b) which read as follows: "Radio stations on board vessels
    of the Maritime Administration of the Department of Transportation
    or the Inland and Coastwise Waterways Service shall be subject to
    the provisions of this subchapter."
      1981 - Subsec. (b). Pub. L. 97-31 substituted "Maritime
    Administration of the Department of Transportation" for "United
    States Shipping Board Bureau or the United States Shipping Board
    Merchant Fleet Corporation". For prior transfers of functions, see
    Transfer of Functions note set out below.
      1962 - Subsec. (d). Pub. L. 87-795 added subsec. (d).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of United States Shipping Board Bureau
    and United States Shipping Board Merchant Fleet Corporation, see
    Ex. Ord. No. 6166, set out under section 901 of Title 5, Government
    Organization and Employees, act June 29, 1936, ch. 858, title II,
    Secs. 203, 204, title IX, Sec. 904, 49 Stat. 1987, 2016, and Reorg.
    Plan No. 6 of 1949, Reorg. Plan No. 21 of 1950, and Reorg. Plan No.
    7 of 1961, set out in the Appendix to Title 5.

-MISC2-
                     REORGANIZATION PLAN NO. 1 OF 1970                 

              EFF. APR. 20, 1970, 35 F.R. 6421, 84 STAT. 2083          
    Prepared by the President and Transmitted to the Senate and the
      House of Representatives in Congress Assembled, February 9, 1970,
      Pursuant to the Provisions of Chapter 9 of Title 5 of the United
      States Code.

                    OFFICE OF TELECOMMUNICATIONS POLICY                

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      The functions relating to assigning frequencies to radio stations
    belonging to and operated by the United States, or to classes
    thereof, conferred upon the President by the provisions of section
    305(a) of the Communications Act of 1934, 47 U.S.C. 305(a), are
    hereby transferred to the Director of the Office of
    Telecommunications Policy hereinafter provided for.

                      SEC. 2. ESTABLISHMENT OF OFFICE                  
      There is hereby established in the Executive Office of the
    President the Office of Telecommunications Policy, hereinafter
    referred to as the Office.

                        SEC. 3. DIRECTOR AND DEPUTY                    
      (a) There shall be at the head of the Office the Director of the
    Office of Telecommunications Policy, hereinafter referred to as the
    Director. The Director shall be appointed by the President by and
    with the advice and consent of the Senate and shall be compensated
    at the rate now or hereafter provided for Level III of the
    Executive Schedule Pay Rates (5 U.S.C. 5314).
      (b) There shall be in the Office a Deputy Director of the Office
    of Telecommunications Policy who shall be appointed by the
    President by and with the advice and consent of the Senate and
    shall be compensated at the rate now or hereafter provided for
    Level IV of the Executive Schedule Pay Rates (5 U.S.C. 5315). The
    Deputy Director shall perform such functions as the Director may
    from time to time prescribe and, unless the President shall
    designate another person to so act, shall act as Director during
    the absence or disability of the Director or in the event of
    vacancy in the office of Director.
      (c) No person shall while holding office as Director or Deputy
    Director engage in any other business, vocation, or employment.

               SEC. 4. PERFORMANCE OF FUNCTIONS OF DIRECTOR           
      (a) The Director may appoint employees necessary for the work of
    the Office under the classified civil service and fix their
    compensation in accordance with the classification laws.
      (b) The Director may from time to time make such provisions as he
    shall deem appropriate authorizing the performance of any function
    transferred to him hereunder by any other officer, or by any
    organizational entity or employee, of the Office.

                        SEC. 5. ABOLITION OF OFFICE                    
      That office of Assistant Director of the Office of Emergency
    Preparedness held by the Director of Telecommunications Management
    under Executive Order No. 10995 of February 16, 1962, as amended,
    is abolished. The Director of the Office of Emergency Preparedness
    shall make such provisions as he may deem to be necessary with
    respect to winding up any outstanding affairs of the office
    abolished by the foregoing provisions of this section.

                       SEC. 6. INCIDENTAL TRANSFERS                   
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    held, or used by, or available or to be made available to, the
    Office of Emergency Preparedness in connection with functions
    affected by the provisions of this reorganization plan as the
    Director of the Bureau of the Budget shall determine shall be
    transferred to the Office of Telecommunications Policy at such time
    or times as he shall direct.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers provided for in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.

                         SEC. 7. INTERIM DIRECTOR                     
      The President may authorize any person who immediately prior to
    the effective date of this reorganization plan holds a position in
    the Executive Office of the President to act as Director of the
    Office of Telecommunications Policy until the office of Director is
    for the first time filled pursuant to the provisions of section 3
    of this reorganization plan or by recess appointment, as the case
    may be. The President may authorize any person who serves in an
    acting capacity under the foregoing provisions of this section to
    receive the compensation attached to the office of Director. Such
    compensation, if authorized, shall be in lieu of, but not in
    addition to, other compensation from the United States to which
    such person may be entitled.
      [The Office of Telecommunications Policy was abolished and its
    functions transferred to the President and the Secretary of
    Commerce by secs. 3 and 5 of Reorg. Plan No. 1 of 1977, set out in
    the Appendix to Title 5, Government Organization and Employees.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      We live in a time when the technology of telecommunications is
    undergoing rapid change which will dramatically affect the whole of
    our society. It has long been recognized that the executive branch
    of the Federal government should be better equipped to deal with
    the issues which arise from telecommunications growth. As the
    largest single user of the nation's telecommunications facilities,
    the Federal government must also manage its internal communications
    operations in the most effective manner possible.
      Accordingly, I am today transmitting to the Congress
    Reorganization Plan No. 1 of 1970, prepared in accordance with
    chapter 9 of title 5 of the United States Code.
      That plan would establish a new Office of Telecommunications
    Policy in the Executive Office of the President. The new unit would
    be headed by a Director and a Deputy Director who would be
    appointed by the President with the advice and consent of the
    Senate. The existing office held by the Director of
    Telecommunications Management in the Office of Emergency
    Preparedness would be abolished.
      In addition to the functions which are transferred to it by the
    reorganization plan, the new Office would perform certain other
    duties which I intend to assign to it by Executive order as soon as
    the reorganization plan takes effect. That order would delegate to
    the new Office essentially those functions which are now assigned
    to the Director of Telecommunications Management. The Office of
    Telecommunications Policy would be assisted in its research and
    analysis responsibilities by the agencies and departments of the
    Executive Branch including another new office, located in the
    Department of Commerce.
      The new Office of Telecommunications Policy would play three
    essential roles:
      1. It would serve as the President's principal adviser on
    telecommunications policy, helping to formulate government policies
    concerning a wide range of domestic and international
    telecommunications issues and helping to develop plans and programs
    which take full advantage of the nation's technological
    capabilities. The speed of economic and technological advance in
    our time means that new questions concerning communications are
    constantly arising, questions on which the government must be well
    informed and well advised. The new Office will enable the President
    and all government officials to share more fully in the experience,
    the insights, and the forecasts of government and non-government
    experts.
      2. The Office of Telecommunications Policy would help formulate
    policies and coordinate operations for the Federal government's own
    vast communications systems. It would, for example, set guidelines
    for the various departments and agencies concerning their
    communications equipment and services. It would regularly review
    the ability of government communications systems to meet the
    security needs of the nation and to perform effectively in time of
    emergency. The Office would direct the assignment of those portions
    of the radio spectrum which are reserved for government use, carry
    out responsibilities conferred on the President by the
    Communications Satellite Act, advise State and local governments,
    and provide policy direction for the National Communications
    System.
      3. Finally, the new Office would enable the executive branch to
    speak with a clearer vote and to act as a more effective partner in
    discussions of communications policy with both the Congress and the
    Federal Communications Commission. This action would take away none
    of the prerogatives or functions assigned to the Federal
    Communications Commission by the Congress. It is my hope, however,
    that the new Office and the Federal Communications Commission would
    cooperate in achieving certain reforms in telecommunications
    policy, especially in their procedures for allocating portions of
    the radio spectrum for government and civilian use. Our current
    procedures must be more flexible if they are to deal adequately
    with problems such as the worsening spectrum shortage.
      Each reorganization included in the plan which accompanies this
    message is necessary to accomplish one or more of the purposes set
    forth in section 901(a) of title 5 of the United States Code. In
    particular, the plan is responsive to section 901(a)(1), "to
    promote the better execution of the laws, the more effective
    management of the executive branch and of its agencies and
    functions, and the expeditious administration of the public
    business;" and section 901(a)(3), "to increase the efficiency of
    the operations of the government to the fullest extent
    practicable."
      The reorganization provided for in this plan make necessary the
    appointment and compensation of new officers, as specified in
    sections 3(a) and 3(b) of the plan. The rates of compensation fixed
    for these officers are comparable to those fixed for other officers
    in the executive branch who have similar responsibilities.
      This plan should result in the more efficient operation of the
    government. It is not practical, however, to itemize or aggregate
    the exact expenditure reductions which will result from this
    action.
      The public interest requires that government policies concerning
    telecommunications be formulated with as much sophistication and
    vision as possible. This reorganization plan - and the executive
    order which would follow it - are necessary instruments if the
    government is to respond adequately to the challenges and
    opportunities presented by the rapid pace of change in
    communications. I urge that the Congress allow this plan to become
    effective so that these necessary reforms can be accomplished.
                                                          Richard Nixon.
      The White House, February 9, 1970.

-EXEC-
                         EXECUTIVE ORDER NO. 10995                     
      Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519, as amended
    by Ex. Ord. No. 11084, eff. Feb. 18, 1963, 28 F.R. 1531, which
    related to the assignment of telecommunications management
    functions, was revoked by Ex. Ord. No. 11556, eff. Sept. 14, 1970,
    35 F.R. 14193, formerly set out below.

                         EXECUTIVE ORDER NO. 11556                     
      Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, as amended by
    Ex. Ord. No. 11921, June 11, 1976, 41 F.R. 2494, which related to
    the assignment of telecommunication functions, was revoked by Ex.
    Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out below.

       EX. ORD. NO. 12046. TRANSFER OF TELECOMMUNICATIONS FUNCTIONS   
      Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, as amended by
    Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No.
    12472, Apr. 3, 1984, 49 F.R. 13471, provided:
      By virtue of the authority vested in me by the Constitution and
    laws of the United States of America, including Section 7 of
    Reorganization Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977))
    [set out in the Appendix to Title 5, Government Organization and
    Employees], the authority and control vested in the President by
    Section 2 of Executive Order No. 11556, as amended. Section 202 of
    the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c)
    [31 U.S.C. 1531], and Section 301 of Title 3 of the United States
    Code, and as President of the United States of America, in order to
    provide for the transfer of certain telecommunications functions,
    it is hereby ordered as follows:

                                 SECTION 1                             

                            REORGANIZATION PLAN                        

-MISC3-
                1-1. IMPLEMENTATION OF REORGANIZATION PLAN            
      1-101. The transfer of all the functions of the Office of
    Telecommunications Policy and of its Director, as provided by
    Section 5B of Reorganization Plan No. 1 of 1977 (42 FR 56101), is
    hereby effective.
      1-102. The abolition of the Office of Telecommunications Policy,
    as provided by Section 3C of Reorganization Plan No. 1 of 1977, is
    hereby effective.
      1-103. The establishment of an Assistant Secretary for
    Communications and Information, Department of Commerce, as provided
    by Section 4 of Reorganization Plan No. 1 of 1977, is hereby
    effective.

                     1-2. TELECOMMUNICATIONS FUNCTION                 
      1-201. Prior to the effective date of Reorganization Plan No. 1
    of 1977, the Office of Telecommunications Policy and its Director
    had the functions set forth or referenced by: (1) Section 1 of
    Reorganization Plan No. 1 of 1970 (5 U.S.C. App.), (2) Executive
    Order No. 11556 of September 4, 1970, as amended (47 U.S.C. 305
    note), (3) Executive Order No. 11191 of January 4, 1965, as amended
    (47 U.S.C. 721 note), (4) Executive Order No. 10705 of April 17,
    1957, as amended (47 U.S.C. 606 note), and (5) Presidential
    Memorandum of August 21, 1963, as amended by Executive Order No.
    11556 and entitled "Establishment of the National Communications
    System."
      1-202. So much of those functions which relate to the preparation
    of Presidential telecommunications policy options or to the
    disposition of appeals from assignments of radio frequencies to
    stations of the United States Government were transferred to the
    President. These functions may be delegated within the Executive
    Office of the President and the delegations are set forth in this
    Order at Sections 3-1 through 4-3.
      1-203. Those telecommunications functions which were not
    transferred to the President were transferred to the Secretary of
    Commerce. Functions transferred to the Secretary are set forth in
    this Order at Sections 2-1 through 2-5.

-EXEC-
                                 SECTION 2                             

                     FUNCTIONS TRANSFERRED TO COMMERCE                 

-MISC4-
                          2-1. RADIO FREQUENCIES                      
      2-101. The authority of the President to assign frequencies to
    radio stations or to classes of radio stations belonging to and
    operated by the United States, including the authority to amend,
    modify, or revoke such assignments, was transferred to the
    Secretary of Commerce.
      2-102. This authority, which was originally vested in the
    President by Section 305(a) of the Communications Act of 1934, as
    amended (47 U.S.C. 305(a)), was transferred and assigned to the
    Director of the Office of Telecommunications Policy by Section 1 of
    Reorganization Plan No. 1 of 1970 and Section 3 of Executive Order
    No. 11556.
      2-103. The authority to assign frequencies to radio stations is
    subject to the authority to dispose of appeals from frequency
    assignments as set forth in Section 3-2 of this Order.

                    2-2. CONSTRUCTION OF RADIO STATIONS                
      2-201. The authority to authorize a foreign government to
    construct and operate a radio station at the seat of government of
    the United States was transferred to the Secretary of Commerce.
    Authorization for the construction and operation of a radio station
    pursuant to this authority and the assignment of a frequency for
    its use can be made only upon recommendation of the Secretary of
    State and after consultation with the Attorney General and the
    Chairman of the Federal Communications Commission.
      2-202. This authority, which was originally vested in the
    President by Section 305(d) of the Communications Act of 1934, as
    amended (47 U.S.C. 305), was delegated to the Director of the
    Office of Telecommunications Policy by Section 5 of Executive Order
    No. 11556.

                   2-3. COMMUNICATIONS SATELLITE SYSTEM               
      2-301. Certain functions relating to the communications satellite
    system were transferred to the Secretary of Commerce. Those
    functions were delegated or assigned to the Director of the Office
    of Telecommunications Policy by Executive Order No. 11191, as
    amended by Executive Order No. 11556. The functions include
    authority vested in the President by Section 201(a) of the
    Communications Satellite Act of 1962 (76 Stat. 421, 47 U.S.C.
    721(a)). These functions are specifically set forth in the
    following provisions of this Section.
      (a) Aid in the planning and development of the commercial
    communications satellite system and aid in the execution of a
    national program for the operation of such a system.
      (b) Conduct a continuous review of all phases of the development
    and operation of such system, including the activities of the
    Corporation.
      (c) Coordinate, in consultation with the Secretary of State, the
    activities of governmental agencies with responsibilities in the
    field of telecommunications, so as to insure that there is full and
    effective compliance at all times with the policies set forth in
    the Act [47 U.S.C. 701 et seq.].
      (d) Make recommendations to the President and others as
    appropriate, with respect to all steps necessary to insure the
    availability and appropriate utilization of the communications
    satellite system for general government purposes in consonance with
    Section 201(a)(6) of the Act [47 U.S.C. 721(a)(6)].
      (e) Help attain coordinated and efficient use of the
    electromagnetic spectrum and the technical compatibility of the
    communications satellite system with existing communications
    facilities both in the United States and abroad.
      (f) Assist in the preparation of Presidential action documents
    for consideration by the President as may be appropriate under
    Section 201(a) of the Act, make necessary recommendations to the
    President in connection therewith, and keep the President currently
    informed with respect to the carrying out of the Act.
      (g) Serve as the chief point of liaison between the President and
    the Corporation.
      (h) The Secretary of Commerce shall timely submit to the
    President each year the report (including evaluations and
    recommendations) provided for in Section 404(a) of the Act (47
    U.S.C. 744(a)).
      (i) The Secretary of Commerce shall coordinate the performance of
    these functions with the Secretary of State. The Corporation and
    other concerned Executive agencies shall provide the Secretary of
    Commerce with such assistance, documents, and other cooperation as
    will enable the Secretary to carry out these functions.

                  2-4. OTHER TELECOMMUNICATIONS FUNCTIONS              
      Certain functions assigned, subject to the authority and control
    of the President to the Director of the Office of
    Telecommunications Policy by Section 2 of Executive Order No. 11556
    were transferred to the Secretary of Commerce. These functions,
    subject to the authority and control of the President, are set
    forth in the following subsections.
      2-401. The Secretary of Commerce shall serve as the President's
    principal adviser on telecommunications policies pertaining to the
    Nation's economic and technological advancement and to the
    regulation of the telecommunications industry.
      2-402. The Secretary of Commerce shall advise the Director of the
    Office of Management and Budget on the development of policies
    relating to the procurement and management of Federal
    telecommunications systems.
      2-403. The Secretary of Commerce shall conduct studies and
    evaluations concerning telecommunications research and development,
    and concerning the initiation, improvement, expansion, testing,
    operation, and use of Federal telecommunications systems. The
    Secretary shall advise appropriate agencies, including the Office
    of Management and Budget, of the recommendations which result from
    such studies and evaluations.
      2-404. The Secretary of Commerce shall develop and set forth, in
    coordination with the Secretary of State and other interested
    agencies, plans, policies, and programs which relate to
    international telecommunications issues, conferences, and
    negotiations. The Secretary of Commerce shall coordinate economic,
    technical, operational and related preparations for United States
    participation in international telecommunications conferences and
    negotiations. The Secretary shall provide advice and assistance to
    the Secretary of State on international telecommunications policies
    to strengthen the position and serve the best interests of the
    United States, in support of the Secretary of State's
    responsibility for the conduct of foreign affairs.
      2-405. The Secretary of Commerce shall provide for the
    coordination of the telecommunications activities of the Executive
    Branch, and shall assist in the formulation of policies and
    standards for those activities, including but not limited to
    considerations of interoperability, privacy, security, spectrum use
    and emergency readiness.
      2-406. The Secretary of Commerce shall develop and set forth
    telecommunications policies pertaining to the Nation's economic and
    technological advancement and to the regulation of the
    telecommunications industry.
      2-407. The Secretary of Commerce shall ensure that the Executive
    Branch views on telecommunications matters are effectively
    presented to the Federal Communications Commission and, in
    coordination with the Director of the Office of Management and
    Budget, to the Congress.
      2-408. The Secretary of Commerce shall establish policies
    concerning spectrum assignments and use by radio stations belonging
    to and operated by the United States. Agencies shall consult with
    the Secretary of Commerce to ensure that their conduct of
    telecommunications activities is consistent with those policies.
      2-409. The Secretary of Commerce shall develop, in cooperation
    with the Federal Communications Commission, a comprehensive long-
    range plan for improved management of all electromagnetic spectrum
    resources.
      2-410. The Secretary of Commerce shall conduct studies and make
    recommendations concerning the impact of the convergence of
    computer and communications technology.
      2-411. The Secretary of Commerce shall coordinate Federal
    telecommunications assistance to State and local governments,
    except as otherwise provided by Executive Order No. 12472 [set out
    as a note under section 5195 of Title 42, The Public Health and
    Welfare].
      2-412. The Secretary of Commerce shall conduct and coordinate
    economic and technical analyses of telecommunications policies,
    activities, and opportunities in support of assigned
    responsibilities.
      2-413. The Secretary of Commerce shall contract for studies and
    reports related to any aspect of assigned responsibilities.
      2-414. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.
    13471.]

                    2-5. CONSULTATION RESPONSIBILITIES                
      2-501. The authority to establish coordinating committees, as
    assigned to the Director of the Office of Telecommunications Policy
    by Section 10 of Executive Order No. 11556, was transferred to the
    Secretary of Commerce.
      2-502. As permitted by law, the Secretary of Commerce shall
    establish such interagency committees and working groups composed
    of representatives of interested agencies, and shall consult with
    such departments and agencies as may be necessary for the most
    effective performance of his functions. To the extent he deems it
    necessary to continue the Interdepartment Radio Advisory Committee,
    that Committee shall serve in an advisory capacity to the
    Secretary. As permitted by law, the Secretary also shall establish
    one or more telecommunications advisory committees composed of
    experts in the telecommunications area outside the Government.

-EXEC-
                                 SECTION 3                             

         FUNCTIONS ASSIGNED TO THE OFFICE OF MANAGEMENT AND BUDGET     

-MISC5-
            3-1. TELECOMMUNICATIONS PROCUREMENT AND MANAGEMENT        
      3-101. The responsibility for serving as the President's
    principal adviser on procurement and management of Federal
    telecommunications systems and the responsibility for developing
    and establishing policies for procurement and management of such
    systems, which responsibilities were assigned to the Director of
    the Office of Telecommunications Policy subject to the authority
    and control of the President by Section 2(b) of Executive Order No.
    11556, were transferred to the President.
      3-102. These functions are delegated to the Director of the
    Office of Management and Budget.

                       3-2. RADIO FREQUENCY APPEALS                   
      3-201. The authority to make final disposition of appeals from
    frequency assignments by the Secretary of Commerce for radio
    stations belonging to and operated by the United States, which
    authority was vested in the President by Section 305(a) of the
    Communications Act of 1934 (47 U.S.C. 305(a)) and transferred to
    the Director of the Office of Telecommunications Policy by
    Reorganization Plan No. 1 of 1970 (5 U.S.C. App.), was transferred
    to the President.
      3-202. This function is delegated to the Director of the Office
    of Management and Budget.

-EXEC-
                                 SECTION 4                             

    FUNCTIONS ASSIGNED TO THE NATIONAL SECURITY COUNCIL AND THE OFFICE
                     OF SCIENCE AND TECHNOLOGY POLICY

-MISC6-
                         4-1. EMERGENCY FUNCTIONS                     
      4-101. The war power functions of the President under Section 606
    of the Communications Act of 1934, as amended (47 U.S.C. 606),
    which were delegated to the Director of the Office of
    Telecommunications Policy by the Provisions of Section 4 of
    Executive Order No. 10705, were transferred to the President.
      4-102. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.
    13471.]
      4-103. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.
    13471.]

                    4-2. NATIONAL COMMUNICATIONS SYSTEM                
      4-201. The responsibility for policy direction of the development
    and operation of a National Communications System, which was
    assigned to the Director of the Office of Telecommunications Policy
    by the Presidential Memorandum of August 21, 1963, as amended by
    Executive Order No. 11556, was transferred to the President.
      4-202. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.
    13471.]

                          4-3. PLANNING FUNCTIONS                      
      4-301. The function of coordinating the development of policy,
    plans, programs, and standards for the mobilization and use of the
    Nation's telecommunications resources in any emergency, which
    function was assigned to the Director of the Office of
    Telecommunications Policy subject to the authority and control of
    the President by Section 2(h) of the Executive Order No. 11556, was
    transferred to the President.
      4-302. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.
    13471.]

-EXEC-
                                 SECTION 5                             

                   RELATED TELECOMMUNICATIONS FUNCTIONS               

-MISC7-
                      5-1. THE DEPARTMENT OF COMMERCE                  
      5-101. The Secretary of Commerce shall continue to perform the
    following functions previously assigned by Section 13 of Executive
    Order No. 11556:
      (a) Perform analysis, engineering, and administrative functions,
    including the maintenance of necessary files and data bases, as
    necessary in the performance of assigned responsibilities for the
    management of electromagnetic spectrum.
      (b) Conduct research and analysis of electromagnetic propagation,
    radio systems characteristics, and operating techniques affecting
    the utilization of the electromagnetic spectrum in coordination
    with specialized, related research and analysis performed by other
    Federal agencies in their areas of responsibility.
      (c) Conduct research and analysis in the general field of
    telecommunications sciences in support of assigned functions and in
    support of other Government agencies.
      5-102. The Secretary of Commerce shall participate, as
    appropriate, in evaluating the capability of telecommunications
    resources, in recommending remedial actions, and in developing
    policy options.

                         5-2. DEPARTMENT OF STATE                     
      5-201. With respect to telecommunications, the Secretary of State
    shall exercise primary authority for the conduct of foreign policy,
    including the determination of United States positions and the
    conduct of United States participation in negotiations with foreign
    governments and international bodies. In exercising this
    responsibility the Secretary of State shall coordinate with other
    agencies as appropriate, and, in particular, shall give full
    consideration to the Federal Communications Commission's regulatory
    and policy responsibility in this area.
      5-202. The Secretary of State shall continue to perform the
    following functions previously assigned by Executive Order No.
    11191, as amended:
      (a) Exercise the supervision provided for in Section 201(a)(4) of
    the Communications Satellite Act of 1962, as amended (47 U.S.C.
    721(a)(4)), be responsible, although the Secretary of Commerce is
    the chief point of liaison, for instructing the Communications
    Satellite Corporation in its role as the designated United States
    representative to the International Telecommunications Satellite
    Organization; and direct the foreign relations of the United States
    with respect to actions under the Communications Satellite Act of
    1962, as amended [section 701 et seq. of this title].
      (b) Coordinate, in accordance with the applicable interagency
    agreements, the performance of these functions with the Secretary
    of Commerce, the Federal Communications Commission, other concerned
    Executive agencies, and the Communications Satellite Corporation
    (see 47 U.S.C. 731-735). The Corporation and other concerned
    Executive agencies shall provide the Secretary of State with such
    assistance, documents, and other cooperation as will enable the
    Secretary to carry out these functions.

      5-3. FEDERAL EMERGENCY MANAGEMENT AGENCY [REVOKED. EX. ORD. NO.
                   12472, APR. 3, 1984, 49 F.R. 13471.]

-EXEC-
                                 SECTION 6                             

                            GENERAL PROVISIONS                        

-MISC8-
                         6-1. TRANSFER PROVISIONS                     
      6-101. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R.
    13471.]
      6-102. The primary responsibility for performing all
    administrative support and service functions that are related to
    functions transferred from the Office of Telecommunications Policy
    and its Director to the President, including those functions
    delegated or assigned within the Executive Office of the President,
    are transferred to the Office of Administration. The Domestic
    Policy Staff shall perform such functions related to the
    preparation of Presidential telecommunications policy options as
    the President may from time to time direct.
      6-103. The records, property, personnel, and unexpended balances
    of appropriations, available or to be made available, which relate
    to the functions transferred, assigned, or delegated as provided in
    this Order are hereby transferred as appropriate.
      6-104. The Director of the Office of Management and Budget shall
    make such determinations, issue such orders, and take all actions
    necessary or appropriate to effectuate the transfers or
    reassignments provided in this Order, including the transfer of
    funds, records, property, and personnel.

                              6-2. AMENDMENTS                          
      In order to reflect the transfers provided by this Order, the
    following conforming amendments and revocations are ordered:
      6-201. Section 306 of Executive Order No. 11051, as amended [50
    App. U.S.C. 2271 note], is further amended to read:
      "Sec. 306. Emergency telecommunications. The Administrator of
    General Services shall be responsible for coordinating with the
    National Security Council in planning for the mobilization of the
    Nation's telecommunications resources in time of national
    emergency.".
      6-202. Executive Order No. 11490, as amended [formerly set out as
    a note under section 2251 of Title 50, Appendix, War and National
    Defense] is further amended by:
      (1) substituting "National Security Council" for "Office of
    Telecommunications Policy (35 FR 6421)" in Section 401(27), and
      (2) substituting the number of this Order for "11556" and
    deleting references to Executive Order No. 10705 [47 U.S.C. 606
    note] in Sections 1802 and 2002(3).
      6-203. Executive Order No. 11725, as amended [50 App. U.S.C. 2271
    note], is further amended by substituting the number and date of
    this Order for the reference to Executive Order No. 11556 of
    September 4, 1970 in Section 3(16).
      6-204. Executive Orders No. 10705, as amended [47 U.S.C. 606
    note], No. 11191, as amended [47 U.S.C. 721 note] and No. 11556, as
    amended, are revoked.

                               6-3. GENERAL                           
      6-301. All Executive agencies to which functions are assigned
    pursuant to this Order shall issue such rules and regulations as
    may be necessary to carry them out.
      6-302. All Executive agencies are authorized and directed to
    cooperate with the departments and agencies to which functions are
    assigned pursuant to this Order and to furnish them such
    information, support and assistance, not inconsistent with law, as
    they may require in the performance of those functions.
      6-303. (a) Nothing in this Order reassigns any function assigned
    any agency under the Federal Property and Administrative Services
    Act of 1949, as amended [now chapters 1 to 11 of Title 40, Public
    Buildings, Property, and Works, and title III of the Act of June
    30, 1949 (41 U.S.C. 251 et seq.)], nor does anything in this Order
    impair the existing authority of the Administrator of General
    Services to provide and operate telecommunications services and to
    prescribe policies and methods of procurement, or impair the policy
    and oversight roles of the Office of Management and Budget.
      (b) In carrying out the functions in this Order, the Secretary of
    Commerce shall coordinate activities as appropriate with the
    Federal Communications Commission and make appropriate
    recommendations to it as the regulator of the private sector.
    Nothing in this Order reassigns any function vested by law in the
    Federal Communications Commission.
      6-304. This Order shall be effective March 26, 1978.

-End-

-CITE-
    47 USC Sec. 306                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 306. Foreign ships; application of section 301

-STATUTE-
      Section 301 of this title shall not apply to any person sending
    radio communications or signals on a foreign ship while the same is
    within the jurisdiction of the United States, but such
    communications or signals shall be transmitted only in accordance
    with such regulations designed to prevent interference as may be
    promulgated under the authority of this chapter.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 306, 48 Stat. 1083.)

-End-

-CITE-
    47 USC Sec. 307                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 307. Licenses

-STATUTE-
    (a) Grant
      The Commission, if public convenience, interest, or necessity
    will be served thereby, subject to the limitations of this chapter,
    shall grant to any applicant therefor a station license provided
    for by this chapter.
    (b) Allocation of facilities
      In considering applications for licenses, and modifications and
    renewals thereof, when and insofar as there is demand for the same,
    the Commission shall make such distribution of licenses,
    frequencies, hours of operation, and of power among the several
    States and communities as to provide a fair, efficient, and
    equitable distribution of radio service to each of the same.
    (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 section 402 of
      this title, the Commission shall continue such license in effect.
    (d) Renewals
      No renewal of an existing station license in the broadcast or the
    common carrier services shall be granted more than thirty days
    prior to the expiration of the original license.
    (e) Operation of certain radio stations without individual licenses
      (1) Notwithstanding any license requirement established in this
    chapter, if the Commission determines that such authorization
    serves the public interest, convenience, and necessity, the
    Commission may by rule authorize the operation of radio stations
    without individual licenses in the following radio services: (A)
    the citizens band radio service; (B) the radio control service; (C)
    the aviation radio service for aircraft stations operated on
    domestic flights when such aircraft are not otherwise required to
    carry a radio station; and (D) the maritime radio service for ship
    stations navigated on domestic voyages when such ships are not
    otherwise required to carry a radio station.
      (2) Any radio station operator who is authorized by the
    Commission to operate without an individual license shall comply
    with all other provisions of this chapter and with rules prescribed
    by the Commission under this chapter.
      (3) For purposes of this subsection, the terms "citizens band
    radio service", "radio control service", "aircraft station" and
    "ship station" shall have the meanings given them by the Commission
    by rule.
    (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.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 307, 48 Stat. 1083; June
    5, 1936, ch. 511, Sec. 2, 49 Stat. 1475; July 16, 1952, ch. 879,
    Sec. 5, 66 Stat. 714; Pub. L. 86-752, Sec. 3, Sept. 13, 1960, 74
    Stat. 889; Pub. L. 87-439, Apr. 27, 1962, 76 Stat. 58; Pub. L. 97-
    35, title XII, Sec. 1241(a), Aug. 13, 1981, 95 Stat. 736; Pub. L.
    97-259, title I, Secs. 112, 113(a), Sept. 13, 1982, 96 Stat. 1093;
    Pub. L. 104-104, title II, Sec. 203, title IV, Sec. 403(i), Feb. 8,
    1996, 110 Stat. 112, 131; Pub. L. 108-447, div. J, title IX [title
    II, Sec. 213(1), (2)], Dec. 8, 2004, 118 Stat. 3431.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(3). Pub. L. 108-447, Sec. 213(1), substituted
    "any administrative or judicial hearing" for "any hearing" and
    inserted "or section 402" after "section 405".
      Subsec. (f). Pub. L. 108-447, Sec. 213(2), added subsec. (f).
      1996 - Subsec. (c). Pub. L. 104-104, Sec. 203, inserted heading
    and amended text generally, restructuring existing provisions into
    pars. (1) to (3) and substituting provisions providing 8 year term
    for licenses of broadcasting stations for provisions providing 5
    year term for licenses of television broadcasting stations, 7 year
    term for licenses of radio broadcasting stations, and 10 year term
    for other broadcasting stations.
      Subsec. (e). Pub. L. 104-104, Sec. 403(i), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows:
      "(1) Notwithstanding any licensing requirement established in
    this chapter, the Commission may by rule authorize the operation of
    radio stations without individual licenses in the radio control
    service and the citizens band radio service if the Commission
    determines that such authorization serves the public interest,
    convenience, and necessity.
      "(2) Any radio station operator who is authorized by the
    Commission under paragraph (1) to operate without an individual
    license shall comply with all other provisions of this chapter and
    with rules prescribed by the Commission under this chapter.
      "(3) For purposes of this subsection, the terms 'radio control
    service' and 'citizens band radio service' shall have the meanings
    given them by the Commission by rule."
      1982 - Subsec. (c). Pub. L. 97-259, Sec. 112, redesignated
    subsec. (d) as (c), substituted "ten years" for "five years" after
    "station) shall be for a longer term than" and "term of not to
    exceed", and inserted provision that the term of any license for
    the operation of any auxiliary broadcast station or equipment which
    can be used only in conjunction with a primary radio, television,
    or translator station shall be concurrent with the term of the
    license for such primary radio, television, or translator station.
    Former subsec. (c), which required the Commission to study proposal
    that Congress allocate fixed percentages of radio broadcasting
    facilities to nonprofit activities and report recommendations, with
    reasons, to Congress not later than Feb. 1, 1935, was struck out.
      Subsec. (d). Pub. L. 97-259, Sec. 112(a), redesignated subsec.
    (e) as (d). Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 97-259, Secs. 112(a), 113(a), added subsec.
    (e) and redesignated former subsec. (e) as (d).
      1981 - Subsec. (d). Pub. L. 97-35 substituted provisions
    authorizing term of five years for a television broadcasting
    station license, seven years for a radio broadcasting station
    license, and five years for any other class of license, with
    comparable provisions for renewal, for provisions authorizing term
    of three years for a broadcasting station license, and five years
    for any other class of station license, with comparable provisions
    for renewal.
      1962 - Subsec. (e). Pub. L. 87-439 inserted "in the broadcast or
    the common carrier services" before "shall be granted".
      1960 - Subsec. (d). Pub. L. 86-752 inserted last sentence dealing
    with the Commission's authority to grant licenses for periods
    shorter than 3 years.
      1952 - Subsec. (d). Act July 16, 1952, provided that upon the
    expiration of any license, any renewal applied for may be granted
    "if the Commission finds that public interest, convenience, and
    necessity would be served thereby", and provided that pending a
    hearing and final decision on an application for renewal and the
    disposition of any petition for a rehearing the Commission shall
    continue the license in effect.
      1936 - Subsec. (b). Act June 5, 1936, amended subsec. (b)
    generally.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 1241(b) of Pub. L. 97-35 provided that: "The amendments
    made in subsection (a) [amending this section] shall apply to
    television and radio broadcasting licenses granted or renewed by
    the Federal Communications Commission after the date of the
    enactment of this Act [Aug. 13, 1981]."

-End-

-CITE-
    47 USC Sec. 308                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 308. Requirements for license

-STATUTE-
    (a) Writing; exceptions
      The Commission may grant construction permits and station
    licenses, or modifications or renewals thereof, only upon written
    application therefor received by it: Provided, That (1) in cases of
    emergency found by the Commission involving danger to life or
    property or due to damage to equipment, or (2) during a national
    emergency proclaimed by the President or declared by the Congress
    and during the continuance of any war in which the United States is
    engaged and when such action is necessary for the national defense
    or security or otherwise in furtherance of the war effort, or (3)
    in cases of emergency where the Commission finds, in the
    nonbroadcast services, that it would not be feasible to secure
    renewal applications from existing licensees or otherwise to follow
    normal licensing procedure, the Commission may grant construction
    permits and station licenses, or modifications or renewals thereof,
    during the emergency so found by the Commission or during the
    continuance of any such national emergency or war, in such manner
    and upon such terms and conditions as the Commission shall by
    regulation prescribe, and without the filing of a formal
    application, but no authorization so granted shall continue in
    effect beyond the period of the emergency or war requiring it:
    Provided further, That the Commission may issue by cable,
    telegraph, or radio a permit for the operation of a station on a
    vessel of the United States at sea, effective in lieu of a license
    until said vessel shall return to a port of the continental United
    States.
    (b) Conditions
      All applications for station licenses, or modifications or
    renewals thereof, shall set forth such facts as the Commission by
    regulation may prescribe as to the citizenship, character, and
    financial, technical, and other qualifications of the applicant to
    operate the station; the ownership and location of the proposed
    station and of the stations, if any, with which it is proposed to
    communicate; the frequencies and the power desired to be used; the
    hours of the day or other periods of time during which it is
    proposed to operate the station; the purposes for which the station
    is to be used; and such other information as it may require. The
    Commission, at any time after the filing of such original
    application and during the term of any such license, may require
    from an applicant or licensee further written statements of fact to
    enable it to determine whether such original application should be
    granted or denied or such license revoked. Such application and/or
    such statement of fact shall be signed by the applicant and/or
    licensee in any manner or form, including by electronic means, as
    the Commission may prescribe by regulation.
    (c) Commercial communication
      The Commission in granting any license for a station intended or
    used for commercial communication between the United States or any
    Territory or possession, continental or insular, subject to the
    jurisdiction of the United States, and any foreign country, may
    impose any terms, conditions, or restrictions authorized to be
    imposed with respect to submarine-cable licenses by section 35 of
    this title.
    (d) Summary of complaints
      Each applicant for the renewal of a commercial or noncommercial
    television license shall attach as an exhibit to the application a
    summary of written comments and suggestions received from the
    public and maintained by the licensee (in accordance with
    Commission regulations) that comment on the applicant's
    programming, if any, and that are characterized by the commentor as
    constituting violent programming.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 308, 48 Stat. 1084; July
    16, 1952, ch. 879, Sec. 6, 66 Stat. 714; Pub. L. 87-444, Sec. 3,
    Apr. 27, 1962, 76 Stat. 63; Pub. L. 102-538, title II, Sec. 204(b),
    Oct. 27, 1992, 106 Stat. 3543; Pub. L. 103-414, title III, Sec.
    303(a)(15), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104-104, title
    II, Sec. 204(b), Feb. 8, 1996, 110 Stat. 113.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-104 added subsec. (d).
      1994 - Subsec. (c). Pub. L. 103-414 made technical amendment to
    reference to section 35 of this title to correct reference to
    corresponding section of original act.
      1992 - Subsec. (b). Pub. L. 102-538 inserted before period at end
    "in any manner or form, including by electronic means, as the
    Commission may prescribe by regulation".
      1962 - Subsec. (b). Pub. L. 87-444 struck out requirement that
    applications or statements of fact were to be signed under oath or
    affirmation.
      1952 - Subsec. (a). Act July 16, 1952, Sec. 6(a), provided that
    the Commission may grant construction permits and station licenses,
    or modifications or renewals, only upon written application except
    that during war or emergency periods no formal application need be
    filed.
      Subsec. (b). Act July 16, 1952, Sec. 6(b), substituted "All
    applications for station licenses or modifications or renewals
    thereof, shall set forth" for "All such applications shall set
    forth".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 204(c) of Pub. L. 104-104 provided that: "The amendments
    made by this section [amending this section and section 309 of this
    title] apply to applications filed after May 1, 1995."

-End-

-CITE-
    47 USC Sec. 309                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 309. Application for license

-STATUTE-
    (a) Considerations in granting application
      Subject to the provisions of this section, the Commission shall
    determine, in the case of each application filed with it to which
    section 308 of this title applies, whether the public interest,
    convenience, and necessity will be served by the granting of such
    application, and, if the Commission, upon examination of such
    application and upon consideration of such other matters as the
    Commission may officially notice, shall find that public interest,
    convenience, and necessity would be served by the granting thereof,
    it shall grant such application.
    (b) Time of granting application
      Except as provided in subsection (c) of this section, no such
    application - 
        (1) for an instrument of authorization in the case of a station
      in the broadcasting or common carrier services, or
        (2) for an instrument of authorization in the case of a station
      in any of the following categories:
          (A) industrial radio positioning stations for which
        frequencies are assigned on an exclusive basis,
          (B) aeronautical en route stations,
          (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
        section 310(b) of this title or to an assignment or transfer
        thereunder which does not involve a substantial change in
        ownership or control,
          (C) a license under section 319(c) of this title or, pending
        application for or grant of such license, any special or
        temporary authorization to permit interim operation to
        facilitate completion of authorized construction or to provide
        substantially the same service as would be authorized by such
        license,
          (D) extension of time to complete construction of authorized
        facilities,
          (E) an authorization of facilities for remote pickups, studio
        links and similar facilities for use in the operation of a
        broadcast station,
          (F) authorizations pursuant to section 325(c) of this title
        where the programs to be transmitted are special events not of
        a continuing nature,
          (G) a special temporary authorization for nonbroadcast
        operation not to exceed thirty days where no application for
        regular operation is contemplated to be filed or not to exceed
        sixty days pending the filing of an application for such
        regular operation, or
          (H) an authorization under any of the proviso clauses of
        section 308(a) of this title.
    (d) Petition to deny application; time; contents; reply; findings
      (1) Any party in interest may file with the Commission a petition
    to deny any application (whether as originally filed or as amended)
    to which subsection (b) of this section applies at any time prior
    to the day of Commission grant thereof without hearing or the day
    of formal designation thereof for hearing; except that with respect
    to any classification of applications, the Commission from time to
    time by rule may specify a shorter period (no less than thirty days
    following the issuance of public notice by the Commission of the
    acceptance for filing of such application or of any substantial
    amendment thereof), which shorter period shall be reasonably
    related to the time when the applications would normally be reached
    for processing. The petitioner shall serve a copy of such petition
    on the applicant. The petition shall contain specific allegations
    of fact sufficient to show that the petitioner is a party in
    interest and that a grant of the application would be prima facie
    inconsistent with subsection (a) of this section (or subsection (k)
    of this section in the case of renewal of any broadcast station
    license). Such allegations of fact shall, except for those of which
    official notice may be taken, be supported by affidavit of a person
    or persons with personal knowledge thereof. The applicant shall be
    given the opportunity to file a reply in which allegations of fact
    or denials thereof shall similarly be supported by affidavit.
      (2) If the Commission finds on the basis of the application, the
    pleadings filed, or other matters which it may officially notice
    that there are no substantial and material questions of fact and
    that a grant of the application would be consistent with subsection
    (a) of this section (or subsection (k) of this section in the case
    of renewal of any broadcast station license), it shall make the
    grant, deny the petition, and issue a concise statement of the
    reasons for denying the petition, which statement shall dispose of
    all substantial issues raised by the petition. If a substantial and
    material question of fact is presented or if the Commission for any
    reason is unable to find that grant of the application would be
    consistent with subsection (a) of this section (or subsection (k)
    of this section in the case of renewal of any broadcast station
    license), it shall proceed as provided in subsection (e) of this
    section.
    (e) Hearings; intervention; evidence; burden of proof
      If, in the case of any application to which subsection (a) of
    this section applies, a substantial and material question of fact
    is presented or the Commission for any reason is unable to make the
    finding specified in such subsection, it shall formally designate
    the application for hearing on the ground or reasons then obtaining
    and shall forthwith notify the applicant and all other known
    parties in interest of such action and the grounds and reasons
    therefor, specifying with particularity the matters and things in
    issue but not including issues or requirements phrased generally.
    When the Commission has so designated an application for hearing
    the parties in interest, if any, who are not notified by the
    Commission of such action may acquire the status of a party to the
    proceeding thereon by filing a petition for intervention showing
    the basis for their interest not more than thirty days after
    publication of the hearing issues or any substantial amendment
    thereto in the Federal Register. Any hearing subsequently held upon
    such application shall be a full hearing in which the applicant and
    all other parties in interest shall be permitted to participate.
    The burden of proceeding with the introduction of evidence and the
    burden of proof shall be upon the applicant, except that with
    respect to any issue presented by a petition to deny or a petition
    to enlarge the issues, such burdens shall be as determined by the
    Commission.
    (f) Temporary authorization of temporary operations under
      subsection (b)
      When an application subject to subsection (b) of this section has
    been filed, the Commission, notwithstanding the requirements of
    such subsection, may, if the grant of such application is otherwise
    authorized by law and if it finds that there are extraordinary
    circumstances requiring temporary operations in the public interest
    and that delay in the institution of such temporary operations
    would seriously prejudice the public interest, grant a temporary
    authorization, accompanied by a statement of its reasons therefor,
    to permit such temporary operations for a period not exceeding 180
    days, and upon making like findings may extend such temporary
    authorization for additional periods not to exceed 180 days. When
    any such grant of a temporary authorization is made, the Commission
    shall give expeditious treatment to any timely filed petition to
    deny such application and to any petition for rehearing of such
    grant filed under section 405 of this title.
    (g) Classification of applications
      The Commission is authorized to adopt reasonable classifications
    of applications and amendments in order to effectuate the purposes
    of this section.
    (h) Form and conditions of station licenses
      Such station licenses as the Commission may grant shall be in
    such general form as it may prescribe, but each license shall
    contain, in addition to other provisions, a statement of the
    following conditions to which such license shall be subject: (1)
    The station license shall not vest in the licensee any right to
    operate the station nor any right in the use of the frequencies
    designated in the license beyond the term thereof nor in any other
    manner than authorized therein; (2) neither the license nor the
    right granted thereunder shall be assigned or otherwise transferred
    in violation of this chapter; (3) every license issued under this
    chapter shall be subject in terms to the right of use or control
    conferred by section 606 of this title.
    (i) Random selection
      (1) General authority. - Except as provided in paragraph (5), if
    there is more than one application for any initial license or
    construction permit, then the Commission shall have the authority
    to grant such license or permit to a qualified applicant through
    the use of a system of random selection.
      (2) No license or construction permit shall be granted to an
    applicant selected pursuant to paragraph (1) unless the Commission
    determines the qualifications of such applicant pursuant to
    subsection (a) of this section and section 308(b) of this title.
    When substantial and material questions of fact exist concerning
    such qualifications, the Commission shall conduct a hearing in
    order to make such determinations. For the purpose of making such
    determinations, the Commission may, by rule, and notwithstanding
    any other provision of law - 
        (A) adopt procedures for the submission of all or part of the
      evidence in written form;
        (B) delegate the function of presiding at the taking of written
      evidence to Commission employees other than administrative law
      judges; and
        (C) omit the determination required by subsection (a) of this
      section with respect to any application other than the one
      selected pursuant to paragraph (1).

      (3)(A) The Commission shall establish rules and procedures to
    ensure that, in the administration of any system of random
    selection under this subsection used for granting licenses or
    construction permits for any media of mass communications,
    significant preferences will be granted to applicants or groups of
    applicants, the grant to which of the license or permit would
    increase the diversification of ownership of the media of mass
    communications. To further diversify the ownership of the media of
    mass communications, an additional significant preference shall be
    granted to any applicant controlled by a member or members of a
    minority group.
      (B) The Commission shall have authority to require each qualified
    applicant seeking a significant preference under subparagraph (A)
    to submit to the Commission such information as may be necessary to
    enable the Commission to make a determination regarding whether
    such applicant shall be granted such preference. Such information
    shall be submitted in such form, at such times, and in accordance
    with such procedures, as the Commission may require.
      (C) For purposes of this paragraph:
        (i) The term "media of mass communications" includes
      television, radio, cable television, multipoint distribution
      service, direct broadcast satellite service, and other services,
      the licensed facilities of which may be substantially devoted
      toward providing programming or other information services within
      the editorial control of the licensee.
        (ii) The term "minority group" includes Blacks, Hispanics,
      American Indians, Alaska Natives, Asians, and Pacific Islanders.

      (4)(A) The Commission 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) Termination of authority. - (A) Except as provided in
    subparagraph (B), the Commission shall not issue any license or
    permit using a system of random selection under this subsection
    after July 1, 1997.
      (B) Subparagraph (A) of this paragraph shall not apply with
    respect to licenses or permits for stations described in section
    397(6) of this title.
    (j) Use of competitive bidding
      (1) General authority
        If, consistent with the obligations described in paragraph
      (6)(E), mutually exclusive applications are accepted for any
      initial license or construction permit, then, except as provided
      in paragraph (2), the Commission shall grant the license or
      permit to a qualified applicant through a system of competitive
      bidding that meets the requirements of this subsection.
      (2) Exemptions
        The competitive bidding authority granted by this subsection
      shall not apply to licenses or construction permits issued by the
      Commission - 
          (A) for public safety radio services, including private
        internal radio services used by State and local governments and
        non-government entities and including emergency road services
        provided by not-for-profit organizations, that - 
            (i) are used to protect the safety of life, health, or
          property; and
            (ii) are not made commercially available to the public;

          (B) for initial licenses or construction permits for digital
        television service given to existing terrestrial broadcast
        licensees to replace their analog television service licenses;
        or
          (C) for stations described in section 397(6) of this title.
      (3) Design of systems of competitive bidding
        For each class of licenses or permits that the Commission
      grants through the use of a competitive bidding system, the
      Commission shall, by regulation, establish a competitive bidding
      methodology. The Commission shall seek to design and test
      multiple alternative methodologies under appropriate
      circumstances. The Commission shall, directly or by contract,
      provide for the design and conduct (for purposes of testing) of
      competitive bidding using a contingent combinatorial bidding
      system that permits prospective bidders to bid on combinations or
      groups of licenses in a single bid and to enter multiple
      alternative bids within a single bidding round. In identifying
      classes of licenses and permits to be issued by competitive
      bidding, in specifying eligibility and other characteristics of
      such licenses and permits, and in designing the methodologies for
      use under this subsection, the Commission shall include
      safeguards to protect the public interest in the use of the
      spectrum and shall seek to promote the purposes specified in
      section 151 of this title and the following objectives:
          (A) the development and rapid deployment of new technologies,
        products, and services for the benefit of the public, including
        those residing in rural areas, without administrative or
        judicial delays;
          (B) promoting economic opportunity and competition and
        ensuring that new and innovative technologies are readily
        accessible to the American people by avoiding excessive
        concentration of licenses and by disseminating licenses among a
        wide variety of applicants, including small businesses, rural
        telephone companies, and businesses owned by members of
        minority groups and women;
          (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 (47 U.S.C.
        923(g)(2)), the recovery of 110 percent of estimated relocation
        costs as provided to the Commission pursuant to section
        113(g)(4) of such 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) of this section and sections 308(b) and 310 of
      this title. Consistent with the objectives described in paragraph
      (3), the Commission shall, by regulation, prescribe expedited
      procedures consistent with the procedures authorized by
      subsection (i)(2) of this section for the resolution of any
      substantial and material issues of fact concerning
      qualifications.
      (6) Rules of construction
        Nothing in this subsection, or in the use of competitive
      bidding, shall - 
          (A) alter spectrum allocation criteria and procedures
        established by the other provisions of this chapter;
          (B) limit or otherwise affect the requirements of subsection
        (h) of this section, section 301, 304, 307, 310, or 606 of this
        title, or any other provision of this chapter (other than
        subsections (d)(2) and (e) of this section);
          (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
        section 158 of this title.
      (7) Consideration of revenues in public interest determinations
        (A) Consideration prohibited
          In making a decision pursuant to section 303(c) of this title
        to assign a band of frequencies to a use for which licenses or
        permits will be issued pursuant to this subsection, and in
        prescribing regulations pursuant to paragraph (4)(C) of this
        subsection, the Commission may not base a finding of public
        interest, convenience, and necessity on the expectation of
        Federal revenues from the use of a system of competitive
        bidding under this subsection.
        (B) Consideration limited
          In prescribing regulations pursuant to paragraph (4)(A) of
        this subsection, the Commission may not base a finding of
        public interest, convenience, and necessity solely or
        predominantly on the expectation of Federal revenues from the
        use of a system of competitive bidding under this subsection.
        (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 subparagraph (B) or subparagraph (D),
        all proceeds from the use of a competitive bidding system under
        this subsection shall be deposited in the Treasury in
        accordance with chapter 33 of title 31.
        (B) Retention of revenues
          Notwithstanding subparagraph (A), the salaries and expenses
        account of the Commission shall retain as an offsetting
        collection such sums as may be necessary from such proceeds for
        the costs of developing and implementing the program required
        by this subsection. Such offsetting collections shall be
        available for obligation subject to the terms and conditions of
        the receiving appropriations account, and shall be deposited in
        such accounts on a quarterly basis. Such offsetting collections
        are authorized to remain available until expended. No sums may
        be retained under this subparagraph during any fiscal year
        beginning after September 30, 1998, if the annual report of the
        Commission under section 154(k) of this title for the second
        preceding fiscal year fails to include in the itemized
        statement required by paragraph (3) of such section a statement
        of each expenditure made for purposes of conducting competitive
        bidding under this subsection during such second preceding
        fiscal year.
        (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 an interest
        bearing account at a financial institution designated for
        purposes of this subsection by the Commission (after
        consultation with the Secretary of the Treasury). Within 45
        days following the conclusion of the competitive bidding - 
            (i) the deposits of successful bidders shall be paid to the
          Treasury;
            (ii) the deposits of unsuccessful bidders shall be returned
          to such bidders; and
            (iii) the interest accrued to the account shall be
          transferred to the Telecommunications Development Fund
          established pursuant to section 614 of this title.
        (D) Disposition of cash proceeds
          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 (47 U.S.C. 923(g)(2)) shall be deposited in the Spectrum
        Relocation Fund established under section 118 of such Act [47
        U.S.C. 928], and shall be available in accordance with that
        section.
      (9) Use of former Government spectrum
        The Commission shall, not later than 5 years after August 10,
      1993, issue licenses and permits pursuant to this subsection for
      the use of bands of frequencies that - 
          (A) in the aggregate span not less than 10 megahertz; and
          (B) have been reassigned from Government use pursuant to part
        B of the National Telecommunications and Information
        Administration Organization Act [47 U.S.C. 921 et seq.].
      (10) Authority contingent on availability of additional spectrum
        (A) Initial conditions
          The Commission's authority to issue licenses or permits under
        this subsection shall not take effect unless - 
            (i) the Secretary of Commerce has submitted to the
          Commission the report required by section 113(d)(1) of the
          National Telecommunications and Information Administration
          Organization Act [47 U.S.C. 923(d)(1)];
            (ii) such report recommends for immediate reallocation
          bands of frequencies that, in the aggregate, span not less
          than 50 megahertz;
            (iii) such bands of frequencies meet the criteria required
          by section 113(a) of such Act [47 U.S.C. 923(a)]; and
            (iv) the Commission has completed the rulemaking required
          by section 332(c)(1)(D) of this title.
        (B) Subsequent conditions
          The Commission's authority to issue licenses or permits under
        this subsection on and after 2 years after August 10, 1993,
        shall cease to be effective if - 
            (i) the Secretary of Commerce has failed to submit the
          report required by section 113(a) of the National
          Telecommunications and Information Administration
          Organization Act [47 U.S.C. 923(a)];
            (ii) the President has failed to withdraw and limit
          assignments of frequencies as required by paragraphs (1) and
          (2) of section 114(a) of such Act [47 U.S.C. 924(a)];
            (iii) the Commission has failed to issue the regulations
          required by section 115(a) of such Act [47 U.S.C. 925(a)];
            (iv) the Commission has failed to complete and submit to
          Congress, not later than 18 months after August 10, 1993, a
          study of current and future spectrum needs of State and local
          government public safety agencies through the year 2010, and
          a specific plan to ensure that adequate frequencies are made
          available to public safety licensees; or
            (v) the Commission has failed under section 332(c)(3) of
          this title to grant or deny within the time required by such
          section any petition that a State has filed within 90 days
          after August 10, 1993;

        until such failure has been corrected.
      (11) Termination
        The authority of the Commission to grant a license or permit
      under this subsection shall expire September 30, 2007.
      (12) Evaluation
        Not later than September 30, 1997, the Commission shall conduct
      a public inquiry and submit to the Congress a report - 
          (A) containing a statement of the revenues obtained, and a
        projection of the future revenues, from the use of competitive
        bidding systems under this subsection;
          (B) describing the methodologies established by the
        Commission pursuant to paragraphs (3) and (4);
          (C) comparing the relative advantages and disadvantages of
        such methodologies in terms of attaining the objectives
        described in such paragraphs;
          (D) evaluating whether and to what extent - 
            (i) competitive bidding significantly improved the
          efficiency and effectiveness of the process for granting
          radio spectrum licenses;
            (ii) competitive bidding facilitated the introduction of
          new spectrum-based technologies and the entry of new
          companies into the telecommunications market;
            (iii) competitive bidding methodologies have secured prompt
          delivery of service to rural areas and have adequately
          addressed the needs of rural spectrum users; and
            (iv) small businesses, rural telephone companies, and
          businesses owned by members of minority groups and women were
          able to participate successfully in the competitive bidding
          process; and

          (E) recommending any statutory changes that are needed to
        improve the competitive bidding process.
      (13) Recovery of value of public spectrum in connection with
        pioneer preferences
        (A) In general
          Notwithstanding paragraph (6)(G), the Commission shall not
        award licenses pursuant to a preferential treatment accorded by
        the Commission to persons who make significant contributions to
        the development of a new telecommunications service or
        technology, except in accordance with the requirements of this
        paragraph.
        (B) Recovery of value
          The Commission shall recover for the public a portion of the
        value of the public spectrum resource made available to such
        person by requiring such person, as a condition for receipt of
        the license, to agree to pay a sum determined by - 
            (i) identifying the winning bids for the licenses that the
          Commission determines are most reasonably comparable in terms
          of bandwidth, scope of service area, usage restrictions, and
          other technical characteristics to the license awarded to
          such person, and excluding licenses that the Commission
          determines are subject to bidding anomalies due to the award
          of preferential treatment;
            (ii) dividing each such winning bid by the population of
          its service area (hereinafter referred to as the per capita
          bid amount);
            (iii) computing the average of the per capita bid amounts
          for the licenses identified under clause (i);
            (iv) reducing such average amount by 15 percent; and
            (v) multiplying the amount determined under clause (iv) by
          the population of the service area of the license obtained by
          such person.
        (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 television broadcast license that authorizes analog
        television service may not be renewed to authorize such service
        for a period that extends beyond December 31, 2006.
        (B) Extension
          The Commission shall extend the date described in
        subparagraph (A) for any station that requests such extension
        in any television market if the Commission finds that - 
            (i) one or more of the stations in such market that are
          licensed to or affiliated with one of the four largest
          national television networks are not broadcasting a digital
          television service signal, and the Commission finds that each
          such station has exercised due diligence and satisfies the
          conditions for an extension of the Commission's applicable
          construction deadlines for digital television service in that
          market;
            (ii) digital-to-analog converter technology is not
          generally available in such market; or
            (iii) in any market in which an extension is not available
          under clause (i) or (ii), 15 percent or more of the
          television households in such market - 
              (I) do not subscribe to a multichannel video programming
            distributor (as defined in section 522 of this title) that
            carries one of the digital television service programming
            channels of each of the television stations broadcasting
            such a channel in such market; and
              (II) do not have either - 
                (a) at least one television receiver capable of
              receiving the digital television service signals of the
              television stations licensed in such market; or
                (b) at least one television receiver of analog
              television service signals equipped with digital-to-
              analog converter technology capable of receiving the
              digital television service signals of the television
              stations licensed in such market.
        (C) Spectrum reversion and resale
          (i) The Commission shall - 
            (I) ensure that, as licenses for analog television service
          expire pursuant to subparagraph (A) or (B), each licensee
          shall cease using electromagnetic spectrum assigned to such
          service according to the Commission's direction; and
            (II) reclaim and organize the electromagnetic spectrum in a
          manner consistent with the objectives described in paragraph
          (3) of this subsection.

          (ii) Licensees for new services occupying spectrum reclaimed
        pursuant to clause (i) shall be assigned in accordance with
        this subsection.
        (D) Certain limitations on qualified bidders prohibited
          In prescribing any regulations relating to the qualification
        of bidders for spectrum reclaimed pursuant to subparagraph
        (C)(i), the Commission, for any license that may be used for
        any digital television service where the grade A contour of the
        station is projected to encompass the entirety of a city with a
        population in excess of 400,000 (as determined using the 1990
        decennial census), shall not - 
            (i) preclude any party from being a qualified bidder for
          such spectrum on the basis of - 
              (I) the Commission's duopoly rule (47 C.F.R. 73.3555(b));
            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) (!1) 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) Report
            Within one year after June 19, 2002, the Commission shall
          submit a report to Congress - 
              (I) specifying when the Commission intends to reschedule
            auctions 31 and 44 (other than the blocks excepted by
            clause (i)); and
              (II) describing the progress made by the Commission in
            the digital television transition and in the assignment and
            allocation of additional spectrum for advanced mobile
            communications services that warrants the scheduling of
            such auctions.
        (D) Return of payments
          Within one month after June 19, 2002, the Commission shall
        return to the bidders for licenses in the A-block, B-block, and
        E-block of auction 44 the full amount of all upfront payments
        made by such bidders for such licenses.
      (15) (!1) 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 (47 U.S.C. 923(g)(2)) shall at least equal 110 percent of
        the total estimated relocation costs provided to the Commission
        pursuant to section 113(g)(4) of such 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 [47
        U.S.C. 923(g)(2)] if the total cash proceeds attributable to
        such spectrum are less than 110 percent of the total estimated
        relocation costs provided to the Commission pursuant to section
        113(g)(4) of such Act. If the Commission is unable to conclude
        an auction for the foregoing reason, the Commission shall
        cancel the auction, return within 45 days after the auction
        cancellation date any deposits from participating bidders held
        in escrow, and absolve such bidders from any obligation to the
        United States to bid in any subsequent reauction of such
        spectrum.
        (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.
    (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) of this section, that a
      licensee has failed to meet the requirements specified in
      paragraph (1) and that no mitigating factors justify the
      imposition of lesser sanctions, the Commission shall - 
          (A) issue an order denying the renewal application filed by
        such licensee under section 308 of this title; and
          (B) only thereafter accept and consider such applications for
        a construction permit as may be filed under section 308 of this
        title specifying the channel or broadcasting facilities of the
        former licensee.
      (4) Competitor consideration prohibited
        In making the determinations specified in paragraph (1) or (2),
      the Commission shall not consider whether the public interest,
      convenience, and necessity might be served by the grant of a
      license to a person other than the renewal applicant.
    (l) Applicability of competitive bidding to pending comparative
      licensing cases
      With respect to competing applications for initial licenses or
    construction permits for commercial radio or television stations
    that were filed with the Commission before July 1, 1997, the
    Commission shall - 
        (1) have the authority to conduct a competitive bidding
      proceeding pursuant to subsection (j) of this section to assign
      such license or permit;
        (2) treat the persons filing such applications as the only
      persons eligible to be qualified bidders for purposes of such
      proceeding; and
        (3) waive any provisions of its regulations necessary to permit
      such persons to enter an agreement to procure the removal of a
      conflict between their applications during the 180-day period
      beginning on August 5, 1997.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 309, 48 Stat. 1085; July
    16, 1952, ch. 879, Sec. 7, 66 Stat. 715; Mar. 26, 1954, ch. 110, 68
    Stat. 35; Jan. 20, 1956, ch. 1, 70 Stat. 3; Pub. L. 86-752, Sec.
    4(a), Sept. 13, 1960, 74 Stat. 889; Pub. L. 88-306, May 14, 1964,
    78 Stat. 193; Pub. L. 88-307, May 14, 1964, 78 Stat. 194; Pub. L.
    97-35, title XII, Sec. 1242(a), Aug. 13, 1981, 95 Stat. 736; Pub.
    L. 97-259, title I, Secs. 114, 115, Sept. 13, 1982, 96 Stat. 1094;
    Pub. L. 98-549, Sec. 6(b)(1), Oct. 30, 1984, 98 Stat. 2804; Pub. L.
    103-66, title VI, Sec. 6002(a), (b)(1), Aug. 10, 1993, 107 Stat.
    387, 392; Pub. L. 103-414, title III, Secs. 303(a)(16), (17),
    304(a)(9), Oct. 25, 1994, 108 Stat. 4295, 4297; Pub. L. 103-465,
    title VIII, Sec. 801, Dec. 8, 1994, 108 Stat. 5050; Pub. L. 104-
    104, title II, Sec. 204(a), title IV, Sec. 403(j), title VII,
    Secs. 707(a), 710(c), Feb. 8, 1996, 110 Stat. 112, 131, 154, 161;
    Pub. L. 105-33, title III, Secs. 3002(a)(1)-(3), 3003, Aug. 5,
    1997, 111 Stat. 258, 260, 265; Pub. L. 107-195, Sec. 3(a), (b)(1),
    June 19, 2002, 116 Stat. 716, 717; Pub. L. 108-494, title II, Sec.
    203, Dec. 23, 2004, 118 Stat. 3993.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Telecommunications and Information Administration
    Organization Act, referred to in subsec. (j)(9)(B), is title I of
    Pub. L. 102-538, Oct. 27, 1992, 106 Stat. 3533, as amended. Part B
    of the Act is classified generally to subchapter II (Sec. 921 et
    seq.) of chapter 8 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    901 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (j)(3)(F). Pub. L. 108-494, Sec. 203(a), added
    subpar. (F).
      Subsec. (j)(8)(A). Pub. L. 108-494, Sec. 203(c)(1), inserted "or
    subparagraph (D)" after "subparagraph (B)".
      Subsec. (j)(8)(D). Pub. L. 108-494, Sec. 203(c)(2), added subpar.
    (D).
      Subsec. (j)(15). Pub. L. 108-494, Sec. 203(b), added par. (15)
    relating to special auction provisions for eligible frequencies.
      2002 - Subsec. (j)(14)(C)(ii). Pub. L. 107-195, Sec. 3(b)(1),
    struck out at end "The Commission shall complete the assignment of
    such licenses, and report to the Congress the total revenues from
    such competitive bidding, by September 30, 2002."
      Subsec. (j)(15). Pub. L. 107-195, Sec. 3(a), added par. (15).
      1997 - Subsec. (i)(1). Pub. L. 105-33, Sec. 3002(a)(2)(A), added
    par. (1) and struck out heading and text of former par. (1). Text
    read as follows: "If - 
        "(A) there is more than one application for any initial license
      or construction permit which will involve a use of the
      electromagnetic spectrum; and
        "(B) the Commission has determined that the use is not
      described in subsection (j)(2)(A) of this section;
    then the Commission shall have the authority to grant such license
    or permit to a qualified applicant through the use of a system of
    random selection."
      Subsec. (i)(5). Pub. L. 105-33, Sec. 3002(a)(2)(B), added par.
    (5).
      Subsec. (j)(1), (2). Pub. L. 105-33, Sec. 3002(a)(1)(A), added
    pars. (1) and (2) and struck out former pars. (1) and (2) which
    read as follows:
      "(1) General authority. - If mutually exclusive applications are
    accepted for filing for any initial license or construction permit
    which will involve a use of the electromagnetic spectrum described
    in paragraph (2), then the Commission shall have the authority,
    subject to paragraph (10), to grant such license or permit to a
    qualified applicant through the use of a system of competitive
    bidding that meets the requirements of this subsection.
      "(2) Uses to which bidding may apply. - A use of the
    electromagnetic spectrum is described in this paragraph if the
    Commission determines that - 
        "(A) the principal use of such spectrum will involve, or is
      reasonably likely to involve, the licensee receiving compensation
      from subscribers in return for which the licensee - 
          "(i) enables those subscribers to receive communications
        signals that are transmitted utilizing frequencies on which the
        licensee is licensed to operate; or
          "(ii) enables those subscribers to transmit directly
        communications signals utilizing frequencies on which the
        licensee is licensed to operate; and
        "(B) a system of competitive bidding will promote the
      objectives described in paragraph (3)."
      Subsec. (j)(3). Pub. L. 105-33, Sec. 3002(a)(1)(B)(i), inserted
    after second sentence of introductory provisions "The Commission
    shall, directly or by contract, provide for the design and conduct
    (for purposes of testing) of competitive bidding using a contingent
    combinatorial bidding system that permits prospective bidders to
    bid on combinations or groups of licenses in a single bid and to
    enter multiple alternative bids within a single bidding round."
      Subsec. (j)(3)(E). Pub. L. 105-33, Sec. 3002(a)(1)(B)(ii)-(iv),
    added subpar. (E).
      Subsec. (j)(4)(F). Pub. L. 105-33, Sec. 3002(a)(1)(C), added
    subpar. (F).
      Subsec. (j)(8)(B). Pub. L. 105-33, Sec. 3002(a)(1)(D), struck out
    "Any funds appropriated to the Commission for fiscal years 1994
    through 1998 for the purpose of assigning licenses using random
    selection under subsection (i) of this section shall be used by the
    Commission to implement this subsection." after "quarterly basis."
    and inserted at end "No sums may be retained under this
    subparagraph during any fiscal year beginning after September 30,
    1998, if the annual report of the Commission under section 154(k)
    of this title for the second preceding fiscal year fails to include
    in the itemized statement required by paragraph (3) of such section
    a statement of each expenditure made for purposes of conducting
    competitive bidding under this subsection during such second
    preceding fiscal year."
      Subsec. (j)(11). Pub. L. 105-33, Sec. 3002(a)(1)(E), substituted
    "2007" for "1998".
      Subsec. (j)(13)(F). Pub. L. 105-33, Sec. 3002(a)(1)(F),
    substituted "August 5, 1997" for "September 30, 1998".
      Subsec. (j)(14). Pub. L. 105-33, Sec. 3003, added par. (14).
      Subsec. (l). Pub. L. 105-33, Sec. 3002(a)(3), added subsec. (l).
      1996 - Subsec. (b)(2)(A) to (G). Pub. L. 104-104, Sec. 403(j),
    redesignated subpars. (B) to (G) as (A) to (F), respectively, and
    struck out former subpar. (A) which read as follows: "fixed point-
    to-point microwave stations (exclusive of control and relay
    stations used as integral parts of mobile radio systems),".
      Subsec. (d). Pub. L. 104-104, Sec. 204(a)(2), inserted "(or
    subsection (k) of this section in the case of renewal of any
    broadcast station license)" after "with subsection (a) of this
    section" wherever appearing.
      Subsec. (j)(8)(B). Pub. L. 104-104, Sec. 710(c), inserted at end
    "Such offsetting collections are authorized to remain available
    until expended."
      Subsec. (j)(8)(C). Pub. L. 104-104, Sec. 707(a), added subpar.
    (C).
      Subsec. (k). Pub. L. 104-104, Sec. 204(a)(1), added subsec. (k).
      1994 - Subsec. (c)(2)(F). Pub. L. 103-414, Sec. 303(a)(16),
    substituted "section 325(c)" for "section 325(b)".
      Subsec. (i)(4)(A). Pub. L. 103-414, Sec. 304(a)(9), which
    directed substitution of "The Commission shall" for "The
    commission, not later than 180 days after the date of the enactment
    of the Communications Technical Amendments Act of 1982, shall", was
    executed by making the substitution for "The Commission, not later
    than 180 days after the date of the enactment of the Communications
    Amendments Act of 1982, shall", which for purposes of codification
    had been translated as "The Commission, not later than 180 days
    after September 13, 1982, shall", to reflect the probable intent of
    Congress and the amendment by Pub. L. 103-414, Sec. 303(a)(17). See
    below.
      Pub. L. 103-414, Sec. 303(a)(17), substituted "date of the
    enactment of the Communications Amendments Act of 1982" for "date
    of the enactment of the Communications Technical Amendments Act of
    1982", which for purposes of codification had been translated as
    "September 13, 1982", thus resulting in no change in text.
      Subsec. (j)(13). Pub. L. 103-465 added par. (13).
      1993 - Subsec. (i). Pub. L. 103-66, Sec. 6002(b)(1), inserted
    subsec. heading, added par. (1), struck out former par. (1), and in
    par. (4), added subpar. (C). Prior to amendment, par. (1) read as
    follows: "If there is more than one application for any initial
    license or construction permit which will involve any use of the
    electromagnetic spectrum, then the Commission, after determining
    that each such application is acceptable for filing, shall have
    authority to grant such license or permit to a qualified applicant
    through the use of a system of random selection."
      Subsec. (j). Pub. L. 103-66, Sec. 6002(a), added subsec. (j).
      1984 - Subsec. (h). Pub. L. 98-549 substituted "section 706" for
    "section 606" in the original to accommodate renumbering of
    sections in subchapter VI (section 601 et seq.) of this chapter by
    section 6(a) of Pub. L. 98-549. Because both sections translate as
    "section 606 of this title", the amendment by section 6(b)(1) of
    Pub. L. 98-549 resulted in no change in text.
      1982 - Subsec. (f). Pub. L. 97-259, Sec. 114, substituted
    "temporary" for "emergency" wherever appearing, "additional
    periods" for "one additional period", and "180 days" for "ninety
    days" wherever appearing.
      Subsec. (i)(1). Pub. L. 97-259, Sec. 115(a), substituted
    "application" for "applicant" after "more than one", and "that each
    such application is acceptable for filing" for "the qualifications
    of each such applicant under section 308(b) of this title".
      Subsec. (i)(2). Pub. L. 97-259, Sec. 115(b), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The
    determination of the Commission under paragraph (1) with respect to
    the qualifications of applicants for an initial license or
    construction permit shall be made after notice and opportunity for
    a hearing, except that the provisions of section 409(c)(2) of this
    title shall not apply in the case of any such determination."
      Subsec. (i)(3)(A). Pub. L. 97-259, Sec. 115(c)(1), substituted
    "used for granting licenses or construction permits for any media
    of mass communications, significant preferences will be granted to
    applicants or groups of applicants, the grant to which of the
    license or permit would increase the diversification of ownership
    of the media of mass communications. To further diversify the
    ownership of the media of mass communications, an additional
    significant preference shall be granted to any applicant controlled
    by a member or members of a minority group" for ", groups or
    organizations, or members of groups or organizations, which are
    underrepresented in the ownership of telecommunications facilities
    or properties will be granted significant preferences".
      Subsec. (i)(3)(C). Pub. L. 97-259, Sec. 115(c)(2), added subpar.
    (C).
      Subsec. (i)(4)(A). Pub. L. 97-259, Sec. 115(d), substituted
    "September 13, 1982," for "August 13, 1981,".
      1981 - Subsec. (i). Pub. L. 97-35 added subsec. (i).
      1964 - Subsec. (c)(2)(G). Pub. L. 88-307 inserted "not to exceed
    sixty days".
      Subsec. (e). Pub. L. 88-306 substituted "not more than thirty
    days after publication of the hearing issues or any substantial
    amendment thereto in the Federal Register" for "at any time not
    less than ten days prior to the date of hearing".
      1960 - Pub. L. 86-752 amended section generally to revise pre-
    grant procedure, and, among other changes, a public notice was
    substituted for a mandatory notice to applicants and interested
    parties before hearings upon applications; the Commission was
    required to hold applications for 30 days before acting upon them
    without hearings; interested parties were permitted to file
    petitions to deny applications before the Commission acted upon
    them without hearings, in lieu of 30 days after applications were
    granted; interested parties were required to support their
    petitions with "specific" allegations of fact; the Commission was
    permitted to dispense with formal hearings when there are "no
    substantial or material questions of fact," subject to a
    requirement that it issue a "concise statement of the reasons" for
    its action.
      1956 - Subsec. (c). Act Jan. 20, 1956, struck out hearings with
    respect to facts which, even if true, would not be grounds for
    setting aside the Commission's grant; gave the Commission
    discretion to keep in effect the protested authorization but
    required the Commission to affirmatively find and set forth that
    the public interest requires grant to remain in effect; and
    authorized Commission to redraft issues urged by protestant in
    accordance with the facts alleged in the protest.
      1954 - Subsec. (c). Act Mar. 26, 1954, substituted "thirty days"
    for "fifteen days" in fourth sentence.
      1952 - Act July 16, 1952, amended section generally to set forth
    procedure to be followed in cases of denial of applications.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 3002(a)(5) of Pub. L. 105-33 provided that: "Except as
    otherwise provided therein, the amendments made by this subsection
    [amending this section] are effective on July 1, 1997."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 204(a) of Pub. L. 104-104 applicable to
    applications filed after May 1, 1995, see section 204(c) of Pub. L.
    104-104, set out as a note under section 308 of this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,
    1984, except where otherwise expressly provided, see section 9(a)
    of Pub. L. 98-549, set out as a note under section 521 of this
    title.

                     EFFECTIVE DATE OF 1960 AMENDMENT                 
      Section 4(d)(1)-(3) of Pub. L. 86-752 provided that:
      "(1) Subsections (a) and (b) of this section [amending this
    section and section 319 of this title] shall take effect ninety
    days after the date of the enactment of this Act [Sept. 13, 1960].
      "(2) Section 309 of the Communications Act of 1934 [this section]
    (as amended by subsection (a) of this section) shall apply to any
    application to which section 308 of such Act [section 308 of this
    title] applies (A) which is filed on or after the effective date of
    subsection (a) of this section, (B) which is filed before such
    effective date, but is substantially amended on or after such
    effective date, or (C) which is filed before such effective date
    and is not substantially amended on or after such effective date,
    but with respect to which the Commission by rule provides
    reasonable opportunity to file petitions to deny in accordance with
    section 309 of such Act (as amended by subsection (a) of this
    section) [this section].
      "(3) Section 309 of the Communications Act of 1934 [this
    section], as in effect immediately before the effective date of
    subsection (a) of this section, shall, on and after such effective
    date, apply only to applications to which section 308 of such Act
    [section 308 of this title] apply which are filed before such
    effective date and not substantially amended on or after such
    effective date and with respect to which the Commission does not
    permit petitions to deny to be filed as provided in clause (C) of
    paragraph (2) of this subsection."

                                 FINDINGS                             
      Pub. L. 107-195, Sec. 2, June 19, 2002, 116 Stat. 715, provided
    that: "Congress finds the following:
        "(1) Circumstances in the telecommunications market have
      changed dramatically since the auctioning of spectrum in the 700
      megahertz band was originally mandated by Congress in 1997,
      raising serious questions as to whether the original deadlines,
      or the subsequent revision of the deadlines, are consistent with
      sound telecommunications policy and spectrum management
      principles.
        "(2) No comprehensive plan yet exists for allocating additional
      spectrum for third-generation wireless and other advanced
      communications services. The Federal Communications Commission
      should have the flexibility to auction frequencies in the 700
      megahertz band for such purposes.
        "(3) The study being conducted by the National
      Telecommunications and Information Administration in consultation
      with the Department of Defense to determine whether the
      Department of Defense can share or relinquish additional spectrum
      for third generation wireless and other advanced communications
      services will not be completed until after the June 19th auction
      date for the upper 700 megahertz band, and long after the
      applications must be filed to participate in the auction, thereby
      creating further uncertainty as to whether the frequencies in the
      700 megahertz band will be put to their highest and best use for
      the benefit of consumers.
        "(4) The Federal Communications Commission is also in the
      process of determining how to resolve the interference problems
      that exist in the 800 megahertz band, especially for public
      safety. One option being considered for the 800 megahertz band
      would involve the 700 megahertz band. The Commission should not
      hold the 700 megahertz auction before the 800 megahertz
      interference issues are resolved or a tenable plan has been
      conceived.
        "(5) The 700 megahertz band is currently occupied by television
      broadcasters, and will be so until the transfer to digital
      television is completed. This situation creates a tremendous
      amount of uncertainty concerning when the spectrum will be
      available and reduces the value placed on the spectrum by
      potential bidders. The encumbrance of the 700 megahertz band
      reduces both the amount of money that the auction would be likely
      to produce and the probability that the spectrum would be
      purchased by the entities that valued the spectrum the most and
      would put the spectrum to its most productive use.
        "(6) The Commission's rules governing voluntary mechanisms for
      vacating the 700 megahertz band by broadcast stations - 
          "(A) produced no certainty that the band would be available
        for advanced mobile communications services, public safety
        operations, or other wireless services any earlier than the
        existing statutory framework provides; and
          "(B) should advance the transition of digital television and
        must not result in the unjust enrichment of any incumbent
        licensee."

                     COMPLIANCE WITH AUCTION AUTHORITY                 
      Pub. L. 107-195, Sec. 4, June 19, 2002, 116 Stat. 717, provided
    that: "The Federal Communications Commission shall conduct
    rescheduled auctions 31 and 44 prior to the expiration of the
    auction authority under section 309(j)(11) of the Communications
    Act of 1934 (47 U.S.C. 309(j)(11))."

                  PRESERVATION OF BROADCASTER OBLIGATIONS              
      Pub. L. 107-195, Sec. 5, June 19, 2002, 116 Stat. 717, provided
    that: "Nothing in this Act [see Short Title of 2002 Amendment note
    set out under section 609 of this title] shall be construed to
    relieve television broadcast station licensees of the obligation to
    complete the digital television service conversion as required by
    section 309(j)(14) of the Communications Act of 1934 (47 U.S.C.
    309(j)(14))."

                          DEADLINE FOR COLLECTION                      
      Pub. L. 105-33, title III, Sec. 3007, Aug. 5, 1997, 111 Stat.
    269, which provided that the Commission was to conduct the
    competitive bidding required under title III of Pub. L. 105-33,
    which enacted section 337 of this title, amended this section and
    sections 153, 303, and 923 to 925 of this title, enacted provisions
    set out as notes under this section and sections 153, 254, and 925
    of this title, and repealed provisions set out as a note under this
    section, in a manner that ensured that all proceeds of such bidding
    would be deposited in accordance with section 309(j)(8) of this
    title not later than Sept. 30, 2002, was repealed by Pub. L. 107-
    195, Sec. 3(b)(2), June 19, 2002, 116 Stat. 717.

              ADMINISTRATIVE PROCEDURES FOR SPECTRUM AUCTIONS          
      Section 3008 of title III of Pub. L. 105-33 provided that:
    "Notwithstanding section 309(b) of the Communications Act of 1934
    (47 U.S.C. 309(b)), no application for an instrument of
    authorization for frequencies assigned under this title [enacting
    section 337 of this title, amending this section and sections 153,
    303, and 923 to 925 of this title, enacting provisions set out as
    notes under this section and sections 153, 254, and 925 of this
    title, and repealing provisions set out as a note under this
    section] (or amendments made by this title) shall be granted by the
    Commission earlier than 7 days following issuance of public notice
    by the Commission of the acceptance for filing of such application
    or of any substantial amendment thereto. Notwithstanding section
    309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Commission may
    specify a period (no less than 5 days following issuance of such
    public notice) for the filing of petitions to deny any application
    for an instrument of authorization for such frequencies."

       DEADLINES FOR COMMISSION ACTION REGARDING COMPETITIVE BIDDING   
      Section 6002(d)(1), (2) of Pub. L. 103-66 provided that:
      "(1) General rulemaking. - The Federal Communications Commission
    shall prescribe regulations to implement section 309(j) of the
    Communications Act of 1934 [47 U.S.C. 309(j)] (as added by this
    section) within 210 days after the date of enactment of this Act
    [Aug. 10, 1993].
      "(2) PCS orders and licensing. - The Commission shall - 
        "(A) within 180 days after such date of enactment, issue a
      final report and order (i) in the matter entitled 'Redevelopment
      of Spectrum to Encourage Innovation in the Use of New
      Telecommunications Technologies' (ET Docket No. 92-9); and (ii)
      in the matter entitled 'Amendment of the Commission's Rules to
      Establish New Personal Communications Services' (GEN Docket No.
      90-314; ET Docket No. 92-100); and
        "(B) within 270 days after such date of enactment, commence
      issuing licenses and permits in the personal communications
      service."

        SPECIAL RULE REGARDING SUBSECTION (I) LICENSES AND PERMITS    
      Section 6002(e) of Pub. L. 103-66, which provided for exceptions
    to ban on Federal Communications Commission issuance of licenses
    and permits under section 309(i) of this title after Aug. 10, 1993,
    was repealed by Pub. L. 105-33, title III, Sec. 3002(a)(4), Aug. 5,
    1997, 111 Stat. 260.

      AUTHORITY TO USE THE SYSTEM OF RANDOM SELECTION WITH RESPECT TO
        APPLICATIONS FOR INITIAL LICENSES AND CONSTRUCTION PERMITS
      Section 1242(b) of Pub. L. 97-35 provided that: "The Commission
    shall have authority to use the system of random selection
    established by the Commission under section 309(i) of the
    Communications Act of 1934 [subsec. (i) of this section], as added
    in subsection (a), with respect to any application for an initial
    license or construction permit which will involve any use of the
    electromagnetic spectrum and which - 
        "(1) is filed with the Commission after the date of the
      enactment of this Act [Aug. 13, 1981]; or
        "(2) is pending before the Commission on such date of enactment
      but has not been designated for hearing on or before such date of
      enactment."

-FOOTNOTE-
    (!1) So in original. Two pars. (15) have been enacted.

-End-

-CITE-
    47 USC Sec. 310                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 310. License ownership restrictions

-STATUTE-
    (a) Grant to or holding by foreign government or representative
      The station license required under this chapter shall not be
    granted to or held by any foreign government or the representative
    thereof.
    (b) Grant to or holding by alien or representative, foreign
      corporation, etc.
      No broadcast or common carrier or aeronautical en route or
    aeronautical fixed radio station license shall be granted to or
    held by - 
        (1) any alien or the representative of any alien;
        (2) any corporation organized under the laws of any foreign
      government;
        (3) any corporation of which more than one-fifth of the capital
      stock is owned of record or voted by aliens or their
      representatives or by a foreign government or representative
      thereof or by any corporation organized under the laws of a
      foreign country;
        (4) any corporation directly or indirectly controlled by any
      other corporation of which more than one-fourth of the capital
      stock is owned of record or voted by aliens, their
      representatives, or by a foreign government or representative
      thereof, or by any corporation organized under the laws of a
      foreign country, if the Commission finds that the public interest
      will be served by the refusal or revocation of such license.
    (c) Authorization for aliens licensed by foreign governments;
      multilateral or bilateral agreement to which United States and
      foreign country are parties as prerequisite
      In addition to amateur station licenses which the Commission may
    issue to aliens pursuant to this chapter, the Commission may issue
    authorizations, under such conditions and terms as it may
    prescribe, to permit an alien licensed by his government as an
    amateur radio operator to operate his amateur radio station
    licensed by his government in the United States, its possessions,
    and the Commonwealth of Puerto Rico provided there is in effect a
    multilateral or bilateral agreement, to which the United States and
    the alien's government are parties, for such operation on a
    reciprocal basis by United States amateur radio operators. Other
    provisions of this chapter and of subchapter II of chapter 5, and
    chapter 7, of title 5 shall not be applicable to any request or
    application for or modification, suspension, or cancellation of any
    such authorization.
    (d) Assignment and transfer of construction permit or station
      license
      No construction permit or station license, or any rights
    thereunder, shall be transferred, assigned, or disposed of in any
    manner, voluntarily or involuntarily, directly or indirectly, or by
    transfer of control of any corporation holding such permit or
    license, to any person except upon application to the Commission
    and upon finding by the Commission that the public interest,
    convenience, and necessity will be served thereby. Any such
    application shall be disposed of as if the proposed transferee or
    assignee were making application under section 308 of this title
    for the permit or license in question; but in acting thereon the
    Commission may not consider whether the public interest,
    convenience, and necessity might be served by the transfer,
    assignment, or disposal of the permit or license to a person other
    than the proposed transferee or assignee.
    (e) Administration of regional concentration rules for broadcast
      stations
      (1) In the case of any broadcast station, and any ownership
    interest therein, which is excluded from the regional concentration
    rules by reason of the savings provision for existing facilities
    provided by the First Report and Order adopted March 9, 1977
    (docket No. 20548; 42 Fed. Reg. 16145), the exclusion shall not
    terminate solely by reason of changes made in the technical
    facilities of the station to improve its service.
      (2) For purposes of this subsection, the term "regional
    concentration rules" means the provisions of sections 73.35,
    73.240, and 73.636 of title 47, Code of Federal Regulations (as in
    effect June 1, 1983), which prohibit any party from directly or
    indirectly owning, operating, or controlling three broadcast
    stations in one or several services where any two of such stations
    are within 100 miles of the third (measured city-to-city), and
    where there is a primary service contour overlap of any of the
    stations.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 310, 48 Stat. 1086; July
    16, 1952, ch. 879, Sec. 8, 66 Stat. 716; Pub. L. 85-817, Sec. 2,
    Aug. 28, 1958, 72 Stat. 981; Pub. L. 88-313, Sec. 2, May 28, 1964,
    78 Stat. 202; Pub. L. 92-81, Sec. 2, Aug. 10, 1971, 85 Stat. 302;
    Pub. L. 93-505, Sec. 2, Nov. 30, 1974, 88 Stat. 1576; Pub. L. 98-
    214, Sec. 7, Dec. 8, 1983, 97 Stat. 1469; Pub. L. 101-396, Sec.
    8(b), Sept. 28, 1990, 104 Stat. 850; Pub. L. 104-104, title IV,
    Sec. 403(k), Feb. 8, 1996, 110 Stat. 131.)

-COD-
                               CODIFICATION                           
      In subsec. (c), "subchapter II of chapter 5, and chapter 7, of
    title 5" substituted for "the Administrative Procedure Act" on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(3). Pub. L. 104-104, Sec. 403(k)(1), struck
    out "of which any officer or director is an alien or" before "of
    which more".
      Subsec. (b)(4). Pub. L. 104-104, Sec. 403(k)(2), struck out "of
    which any officer or more than one-fourth of the directors are
    aliens, or" after "any other corporation".
      1990 - Subsec. (c). Pub. L. 101-396 substituted "multilateral or
    bilateral agreement, to which the United States and the alien's
    government are parties," for "bilateral agreement between the
    United States and the alien's government".
      1983 - Subsec. (e). Pub. L. 98-214 added subsec. (e).
      1974 - Subsec. (a). Pub. L. 93-505 added subsec. (a). Former
    subsec. (a), which related to granting to or holding of required
    station licenses by aliens, was struck out.
      Subsecs. (b) to (d). Pub. L. 93-505 added subsecs. (b) and (c)
    and redesignated former subsec. (b) as (d).
      1971 - Subsec. (a). Pub. L. 92-81 inserted provisions empowering
    the Commission to issue licenses to certain aliens admitted to the
    United States for permanent residence, provided that the Commission
    notify the appropriate agencies of the Government of applications
    received for license, and that such agencies furnish to the
    Commission information bearing on the request's compatibility with
    national security.
      1964 - Subsec. (a). Pub. L. 88-313 empowered the Commission to
    issue authorizations to permit an alien licensed by his government
    as an amateur radio operator to operate his station, licensed by
    his government, in the United States, its possessions, and Puerto
    Rico, provided there is a bilateral agreement between the United
    States and the alien's government giving similar rights to United
    States amateur radio operators, and provided that the Commission
    notify appropriate agencies of our Government of any applications
    for authorization, and that such agencies furnish to the Commission
    information bearing on the request's compatibility with our
    national security.
      1958 - Subsec. (a). Pub. L. 85-817 inserted paragraph authorizing
    the grant of licenses for radio stations on aircraft to aliens or
    representatives of aliens holding pilot certificates.
      1952 - Subsec. (b). Act July 16, 1952, provided that construction
    permits and station licenses cannot be transferred, assigned, or
    disposed of except upon a finding by the Commission that public
    interest, convenience, or necessity will be served thereby, and
    that such transfer application will be treated the same as if made
    under section 308 of this title.

-End-

-CITE-
    47 USC Sec. 311                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 311. Requirements as to certain applications in broadcasting
      service

-STATUTE-
    (a) Notices of filing and hearing; form and contents
      When there is filed with the Commission any application to which
    section 309(b)(1) of this title applies, for an instrument of
    authorization for a station in the broadcasting service, the
    applicant - 
        (1) shall give notice of such filing in the principal area
      which is served or is to be served by the station; and
        (2) if the application is formally designated for hearing in
      accordance with section 309 of this title, shall give notice of
      such hearing in such area at least ten days before commencement
      of such hearing.

    The Commission shall by rule prescribe the form and content of the
    notices to be given in compliance with this subsection, and the
    manner and frequency with which such notices shall be given.
    (b) Place of hearing
      Hearings referred to in subsection (a) of this section may be
    held at such places as the Commission shall determine to be
    appropriate, and in making such determination in any case the
    Commission shall consider whether the public interest, convenience,
    or necessity will be served by conducting the hearing at a place
    in, or in the vicinity of, the principal area to be served by the
    station involved.
    (c) Agreement between two or more applicants; approval of
      Commission; pendency of application
      (1) If there are pending before the Commission two or more
    applications for a permit for construction of a broadcasting
    station, only one of which can be granted, it shall be unlawful,
    without approval of the Commission, for the applicants or any of
    them to effectuate an agreement whereby one or more of such
    applicants withdraws his or their application or applications.
      (2) The request for Commission approval in any such case shall be
    made in writing jointly by all the parties to the agreement. Such
    request shall contain or be accompanied by full information with
    respect to the agreement, set forth in such detail, form, and
    manner as the Commission shall by rule require.
      (3) The Commission shall approve the agreement only if it
    determines that (A) the agreement is consistent with the public
    interest, convenience, or necessity; and (B) no party to the
    agreement filed its application for the purpose of reaching or
    carrying out such agreement.
      (4) For the purposes of this subsection an application shall be
    deemed to be "pending" before the Commission from the time such
    application is filed with the Commission until an order of the
    Commission granting or denying it is no longer subject to rehearing
    by the Commission or to review by any court.
    (d) License for operation of station; agreement to withdraw
      application; approval of Commission
      (1) If there are pending before the Commission an application for
    the renewal of a license granted for the operation of a
    broadcasting station and one or more applications for a
    construction permit relating to such station, only one of which can
    be granted, it shall be unlawful, without approval of the
    Commission, for the applicants or any of them to effectuate an
    agreement whereby one or more of such applicants withdraws his or
    their application or applications in exchange for the payment of
    money, or the transfer of assets or any other thing of value by the
    remaining applicant or applicants.
      (2) The request for Commission approval in any such case shall be
    made in writing jointly by all the parties to the agreement. Such
    request shall contain or be accompanied by full information with
    respect to the agreement, set forth in such detail, form, and
    manner as the Commission shall require.
      (3) The Commission shall approve the agreement only if it
    determines that (A) the agreement is consistent with the public
    interest, convenience, or necessity; and (B) no party to the
    agreement filed its application for the purpose of reaching or
    carrying out such agreement.
      (4) For purposes of this subsection, an application shall be
    deemed to be pending before the Commission from the time such
    application is filed with the Commission until an order of the
    Commission granting or denying it is no longer subject to rehearing
    by the Commission or to review by any court.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 311, 48 Stat. 1086; July
    16, 1952, ch. 879, Sec. 9, 66 Stat. 716; Pub. L. 86-752, Sec. 5(a),
    Sept. 13, 1960, 74 Stat. 892; Pub. L. 97-35, title XII, Sec. 1243,
    Aug. 13, 1981, 95 Stat. 737; Pub. L. 97-259, title I, Sec. 116,
    Sept. 13, 1982, 96 Stat. 1095.)

-MISC1-
                                AMENDMENTS                            
      1982 - Subsec. (c)(3). Pub. L. 97-259, Sec. 116(a), inserted
    provision that the Commission may not approve the agreement if it
    determines that a party to the agreement filed its application for
    the purpose of reaching or carrying out the agreement, and struck
    out provision that if the agreement did not contemplate a merger,
    but contemplated the making of any direct or indirect payment to
    any party thereto in consideration of his withdrawal of his
    application, the Commission could determine the agreement to be
    consistent with the public interest, convenience, or necessity only
    if the amount or value of such payment, as determined by the
    Commission, was not in excess of the aggregate amount determined by
    the Commission to have been legitimately and prudently expended and
    to be expended by such applicant in connection with preparing,
    filing, and advocating the granting of his application.
      Subsec. (d)(1). Pub. L. 97-259, Sec. 116(b), substituted "an
    application for the renewal of a license granted for the operation
    of a broadcasting station and one or more applications for a
    construction permit relating to such station" for "two or more
    applications for a license granted for the operation of a
    broadcasting station".
      Subsec. (d)(3)(B). Pub. L. 97-259, Sec. 116(c), struck out
    "license" after "filed its".
      1981 - Subsec. (d). Pub. L. 97-35 added subsec. (d).
      1960 - Pub. L. 86-752 amended section generally, substituting
    provisions on requirements for certain applications for
    broadcasting service, for provisions directing the Commission to
    refuse a license or permit to any person whose license had been
    revoked by a court under section 313 of this title.
      1952 - Act July 16, 1952, omitted provisions relating to
    monopoly.

-End-

-CITE-
    47 USC Sec. 312                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 312. Administrative sanctions

-STATUTE-
    (a) Revocation of station license or construction permit
      The Commission may revoke any station license or construction
    permit - 
        (1) for false statements knowingly made either in the
      application or in any statement of fact which may be required
      pursuant to section 308 of this title;
        (2) because of conditions coming to the attention of the
      Commission which would warrant it in refusing to grant a license
      or permit on an original application;
        (3) for willful or repeated failure to operate substantially as
      set forth in the license;
        (4) for willful or repeated violation of, or willful or
      repeated failure to observe any provision of this chapter or any
      rule or regulation of the Commission authorized by this chapter
      or by a treaty ratified by the United States;
        (5) for violation of or failure to observe any final cease and
      desist order issued by the Commission under this section;
        (6) for violation of section 1304, 1343, or 1464 of title 18;
      or
        (7) for willful or repeated failure to allow reasonable access
      to or to permit purchase of reasonable amounts of time for the
      use of a broadcasting station, other than a non-commercial
      educational broadcast station, by a legally qualified candidate
      for Federal elective office on behalf of his candidacy.
    (b) Cease and desist orders
      Where any person (1) has failed to operate substantially as set
    forth in a license, (2) has violated or failed to observe any of
    the provisions of this chapter, or section 1304, 1343, or 1464 of
    title 18, or (3) has violated or failed to observe any rule or
    regulation of the Commission authorized by this chapter or by a
    treaty ratified by the United States, the Commission may order such
    person to cease and desist from such action.
    (c) Order to show cause
      Before revoking a license or permit pursuant to subsection (a) of
    this section, or issuing a cease and desist order pursuant to
    subsection (b) of this section, the Commission shall serve upon the
    licensee, permittee, or person involved an order to show cause why
    an order of revocation or a cease and desist order should not be
    issued. Any such order to show cause shall contain a statement of
    the matters with respect to which the Commission is inquiring and
    shall call upon said licensee, permittee, or person to appear
    before the Commission at a time and place stated in the order, but
    in no event less than thirty days after the receipt of such order,
    and give evidence upon the matter specified therein; except that
    where safety of life or property is involved, the Commission may
    provide in the order for a shorter period. If after hearing, or a
    waiver thereof, the Commission determines that an order of
    revocation or a cease and desist order should issue, it shall issue
    such order, which shall include a statement of the findings of the
    Commission and the grounds and reasons therefor and specify the
    effective date of the order, and shall cause the same to be served
    on said licensee, permittee, or person.
    (d) Burden of proof
      In any case where a hearing is conducted pursuant to the
    provisions of this section, both the burden of proceeding with the
    introduction of evidence and the burden of proof shall be upon the
    Commission.
    (e) Procedure for issuance of cease and desist order
      The provisions of section 558(c) of title 5 which apply with
    respect to the institution of any proceeding for the revocation of
    a license or permit shall apply also with respect to the
    institution, under this section, of any proceeding for the issuance
    of a cease and desist order.
    (f) "Willful" and "repeated" defined
      For purposes of this section:
        (1) The term "willful", when used with reference to the
      commission or omission of any act, means the conscious and
      deliberate commission or omission of such act, irrespective of
      any intent to violate any provision of this chapter or any rule
      or regulation of the Commission authorized by this chapter or by
      a treaty ratified by the United States.
        (2) The term "repeated", when used with reference to the
      commission or omission of any act, means the commission or
      omission of such act more than once or, if such commission or
      omission is continuous, for more than one day.
    (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.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 312, 48 Stat. 1086; July
    16, 1952, ch. 879, Sec. 10, 66 Stat. 716; Pub. L. 86-752, Sec. 6,
    Sept. 13, 1960, 74 Stat. 893; Pub. L. 92-225, title I, Sec.
    103(a)(2)(A), Feb. 7, 1972, 86 Stat. 4; Pub. L. 97-259, title I,
    Sec. 117, Sept. 13, 1982, 96 Stat. 1095; Pub. L. 104-104, title IV,
    Sec. 403(l), Feb. 8, 1996, 110 Stat. 132; Pub. L. 106-554, Sec.
    1(a)(4) [div. B, title I, Sec. 148(a)], Dec. 21, 2000, 114 Stat.
    2763, 2763A-251; Pub. L. 108-447, div. J, title IX [title II, Sec.
    213(3)], Dec. 8, 2004, 118 Stat. 3431.)

-COD-
                               CODIFICATION                           
      In subsec. (e), "section 558(c) of title 5" substituted for
    "section 1008(b) of title 5" on authority of Pub. L. 89-554, Sec.
    7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
    enacted Title 5, Government Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (g). Pub. L. 108-447 inserted before period at end
    ", 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".
      2000 - Subsec. (a)(7). Pub. L. 106-554 inserted ", other than a
    non-commercial educational broadcast station," after "use of a
    broadcasting station".
      1996 - Subsec. (g). Pub. L. 104-104 added subsec. (g).
      1982 - Subsec. (f). Pub. L. 97-259 added subsec. (f).
      1972 - Subsec. (a)(7). Pub. L. 92-225 added par. (7).
      1960 - Subsecs. (a), (b). Pub. L. 86-752 inserted provisions
    referring to sections 1304, 1343 and 1464 of title 18.
      1952 - Act July 16, 1952, amended section generally to provide
    for revocation of licenses and permits only for acts willfully and
    knowingly committed or for disregarding cease and desist orders,
    and to authorize the Commission to issue cease and desist orders.

                                  REPEALS                              
      Repeal of title I of Pub. L. 92-225, cited as a credit to this
    section, by Pub. L. 93-443, title II, Sec. 205(b), Oct. 15, 1974,
    88 Stat. 1278, has been construed as not repealing the amendment to
    this section made by section 103(a)(2)(A) of such title I.

       DECLINATION OF POLITICAL ADVERTISING BY EDUCATIONAL BROADCAST
                                 STATIONS
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 148(b)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-251, provided that: "The
    Federal Communications Commission shall take no action against any
    non-commercial educational broadcast station which declines to
    carry a political advertisement."

-End-

-CITE-
    47 USC Sec. 312a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 312a. Revocation of operator's license used in unlawful
      distribution of controlled substances

-STATUTE-
      The Federal Communications Commission may revoke any private
    operator's license issued to any person under the Communications
    Act of 1934 (47 U.S.C. 151 et seq.) who is found to have willfully
    used said license for the purpose of distributing, or assisting in
    the distribution of, any controlled substance in violation of any
    provision of Federal law. In addition, the Federal Communications
    Commission may, upon the request of an appropriate Federal law
    enforcement agency, assist in the enforcement of Federal law
    prohibiting the use or distribution of any controlled substance
    where communications equipment within the jurisdiction of the
    Federal Communications Commission under the Communications Act of
    1934 is willfully being used for purposes of distributing, or
    assisting in the distribution of, any such substance.

-SOURCE-
    (Pub. L. 99-570, title III, Sec. 3451, Oct. 27, 1986, 100 Stat.
    3207-103.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Communications Act of 1934, referred to in text, is act June
    19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified
    principally to this chapter (Sec. 151 et seq.). For complete
    classification of this Act to the Code, see section 609 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Anti-Drug Abuse Act of 1986,
    and also as part of the National Drug Interdiction Improvement Act
    of 1986, and not as part of the Communications Act of 1934 which
    comprises this chapter.

-End-

-CITE-
    47 USC Sec. 313                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 313. Application of antitrust laws to manufacture, sale, and
      trade in radio apparatus

-STATUTE-
    (a) Revocation of licenses
      All laws of the United States relating to unlawful restraints and
    monopolies and to combinations, contracts, or agreements in
    restraint of trade are declared to be applicable to the manufacture
    and sale of and to trade in radio apparatus and devices entering
    into or affecting interstate or foreign commerce and to interstate
    or foreign radio communications. Whenever in any suit, action, or
    proceeding, civil or criminal, brought under the provisions of any
    of said laws or in any proceedings brought to enforce or to review
    findings and orders of the Federal Trade Commission or other
    governmental agency in respect of any matters as to which said
    Commission or other governmental agency is by law authorized to
    act, any licensee shall be found guilty of the violation of the
    provisions of such laws or any of them, the court, in addition to
    the penalties imposed by said laws, may adjudge, order, and/or
    decree that the license of such licensee shall, as of the date the
    decree or judgment becomes finally effective or as of such other
    date as the said decree shall fix, be revoked and that all rights
    under such license shall thereupon cease: Provided, however, That
    such licensee shall have the same right of appeal or review as is
    provided by law in respect of other decrees and judgments of said
    court.
    (b) Refusal of licenses and permits
      The Commission is hereby directed to refuse a station license
    and/or the permit hereinafter required for the construction of a
    station to any person (or to any person directly or indirectly
    controlled by such person) whose license has been revoked by a
    court under this section.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 313, 48 Stat. 1087; Pub.
    L. 86-752, Sec. 5(b), Sept. 13, 1960, 74 Stat. 893.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      All laws of the United States relating to unlawful restraints and
    monopolies and to combinations, contracts, or agreements in
    restraint of trade, referred to in subsec. (a), mean the antitrust
    laws which are classified generally to chapter 1 (Sec. 1 et seq.)
    of Title 15, Commerce and Trade.

-MISC1-
                                AMENDMENTS                            
      1960 - Pub. L. 86-752 designated existing provisions as subsec.
    (a) and added subsec. (b).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      All executive and administrative functions of the Federal Trade
    Commission were, with certain exceptions, transferred to the
    Chairman of such Commission by Reorg. Plan No. 8 of 1950, Sec. 1,
    eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the
    Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-
    47 USC Sec. 314                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 314. Competition in commerce; preservation

-STATUTE-
      After the effective date of this chapter no person engaged
    directly, or indirectly through any person directly or indirectly
    controlling or controlled by, or under direct or indirect common
    control with, such person, or through an agent, or otherwise, in
    the business of transmitting and/or receiving for hire energy,
    communications, or signals by radio in accordance with the terms of
    the license issued under this chapter, shall by purchase, lease,
    construction, or otherwise, directly or indirectly, acquire, own,
    control, or operate any cable or wire telegraph or telephone line
    or system between any place in any State, Territory, or possession
    of the United States or in the District of Columbia, and any place
    in any foreign country, or shall acquire, own, or control any part
    of the stock or other capital share or any interest in the physical
    property and/or other assets of any such cable, wire, telegraph, or
    telephone line or system, if in either case the purpose is and/or
    the effect thereof may be to substantially lessen competition or to
    restrain commerce between any place in any State, Territory, or
    possession of the United States, or in the District of Columbia,
    and any place in any foreign country, or unlawfully to create
    monopoly in any line of commerce; nor shall any person engaged
    directly, or indirectly through any person directly or indirectly
    controlling or controlled by, or under direct or indirect common
    control with, such person, or through an agent, or otherwise, in
    the business of transmitting and/or receiving for hire messages by
    any cable, wire, telegraph, or telephone line or system (a) between
    any place in any State, Territory, or possession of the United
    States, or in the District of Columbia, and any place in any other
    State, Territory, or possession of the United States; or (b)
    between any place in any State, Territory, or possession of the
    United States, or the District of Columbia, and any place in any
    foreign country, by purchase, lease, construction, or otherwise,
    directly or indirectly acquire, own, control, or operate any
    station or the apparatus therein, or any system for transmitting
    and/or receiving radio communications or signals between any place
    in any State, Territory, or possession of the United States, or in
    the District of Columbia, and any place in any foreign country, or
    shall acquire, own, or control any part of the stock or other
    capital share or any interest in the physical property and/or other
    assets of any such radio station, apparatus, or system, if in
    either case the purpose is and/or the effect thereof may be to
    substantially lessen competition or to restrain commerce between
    any place in any State, Territory, or possession of the United
    States, or in the District of Columbia, and any place in any
    foreign country, or unlawfully to create monopoly in any line of
    commerce.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 314, 48 Stat. 1087.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For effective date of this chapter, see section 607 of this
    title.

-End-

-CITE-
    47 USC Sec. 315                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 315. Candidates for public office

-STATUTE-
    (a) Equal opportunities requirement; censorship prohibition;
      allowance of station use; news appearances exception; public
      interest; public issues discussion opportunities
      If any licensee shall permit any person who is a legally
    qualified candidate for any public office to use a broadcasting
    station, he shall afford equal opportunities to all other such
    candidates for that office in the use of such broadcasting station:
    Provided, That such licensee shall have no power of censorship over
    the material broadcast under the provisions of this section. No
    obligation is imposed under this subsection upon any licensee to
    allow the use of its station by any such candidate. Appearance by a
    legally qualified candidate on any - 
        (1) bona fide newscast,
        (2) bona fide news interview,
        (3) bona fide news documentary (if the appearance of the
      candidate is incidental to the presentation of the subject or
      subjects covered by the news documentary), or
        (4) on-the-spot coverage of bona fide news events (including
      but not limited to political conventions and activities
      incidental thereto),

    shall not be deemed to be use of a broadcasting station within the
    meaning of this subsection. Nothing in the foregoing sentence shall
    be construed as relieving broadcasters, in connection with the
    presentation of newscasts, news interviews, news documentaries, and
    on-the-spot coverage of news events, from the obligation imposed
    upon them under this chapter to operate in the public interest and
    to afford reasonable opportunity for the discussion of conflicting
    views on issues of public importance.
    (b) Charges
      (1) In general
        The charges made for the use of any broadcasting station by any
      person who is a legally qualified candidate for any public office
      in connection with his campaign for nomination for election, or
      election, to such office shall not exceed - 
          (A) subject to paragraph (2), during the forty-five days
        preceding the date of a primary or primary runoff election and
        during the sixty days preceding the date of a general or
        special election in which such person is a candidate, the
        lowest unit charge of the station for the same class and amount
        of time for the same period; and
          (B) at any other time, the charges made for comparable use of
        such station by other users thereof.
      (2) Content of broadcasts
        (A) In general
          In the case of a candidate for Federal office, such candidate
        shall not be entitled to receive the rate under paragraph
        (1)(A) for the use of any broadcasting station unless the
        candidate provides written certification to the broadcast
        station that the candidate (and any authorized committee of the
        candidate) shall not make any direct reference to another
        candidate for the same office, in any broadcast using the
        rights and conditions of access under this chapter, unless such
        reference meets the requirements of subparagraph (C) or (D).
        (B) Limitation on charges
          If a candidate for Federal office (or any authorized
        committee of such candidate) makes a reference described in
        subparagraph (A) in any broadcast that does not meet the
        requirements of subparagraph (C) or (D), such candidate shall
        not be entitled to receive the rate under paragraph (1)(A) for
        such broadcast or any other broadcast during any portion of the
        45-day and 60-day periods described in paragraph (1)(A), that
        occur on or after the date of such broadcast, for election to
        such office.
        (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 section 431 of title 2.
    (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.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 315, 48 Stat. 1088; July
    16, 1952, ch. 879, Sec. 11, 66 Stat. 717; Pub. L. 86-274, Sec. 1,
    Sept. 14, 1959, 73 Stat. 557; Pub. L. 92-225, title I, Secs.
    103(a)(1), (2)(B), 104(c), Feb. 7, 1972, 86 Stat. 4, 7; Pub. L. 93-
    443, title IV, Sec. 402, Oct. 15, 1974, 88 Stat. 1291; Pub. L. 107-
    155, title III, Sec. 305(a), (b), title V, Sec. 504, Mar. 27,
    2002, 116 Stat. 100, 101, 115.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b). Pub. L. 107-155, Sec. 305(a), (b), inserted
    subsec. heading, designated existing provisions as par. (1),
    inserted par. heading, redesignated former pars. (1) and (2) as
    subpars. (A) and (B), respectively, of par. (1), inserted "subject
    to paragraph (2)," before "during the forty-five days" in par.
    (1)(A), and added par. (2).
      Subsec. (e). Pub. L. 107-155, Sec. 504, which directed addition
    of subsec. (e) and redesignation of former subsecs. (e) and (f) as
    (f) and (g), respectively, was executed by adding subsec. (e) to
    reflect the probable intent of Congress. Section did not contain
    subsecs. (e) and (f).
      1974 - Subsec. (c). Pub. L. 93-443, Sec. 402, struck out
    provisions respecting station use charges upon certification of
    nonviolation of Federal limitations of expenditures for use of
    communications media; redesignated former subsec. (f) as (c);
    incorporated former par. (1)(A) and (B) provisions in clauses
    designated (1) and (2) and struck out subpar. (C) definition of
    "Federal elective office" and par. (2) definition of "legally
    qualified candidate".
      Subsec. (d). Pub. L. 93-443, Sec. 402(a), struck out provisions
    respecting station use charges upon certification of nonviolation
    of State limitations of expenditures for use of communications
    media and conditions for application of State limitations and
    redesignated former subsec. (g) as (d).
      Subsecs. (e) to (g). Pub. L. 93-443, Sec. 402(a), struck out
    subsec. (e) provisions respecting penalties for violations and
    inapplicability of sections 501 through 503 of this title and
    redesignated former subsecs. (f) and (g) as (c) and (d).
      1972 - Subsec. (a). Pub. L. 92-225, Sec. 103(a)(2)(B), inserted
    "under this subsection" after "No obligation is imposed".
      Subsec. (b). Pub. L. 92-225, Sec. 103(a)(1), substituted in
    introductory text "by any person who is a legally qualified
    candidate for any public office in connection with his campaign for
    nomination for election, or election, to such office", for "for any
    of the purposes set forth in this section", added par. (1),
    designated existing provisions as par. (2), inserted therein the
    opening words "at any other time," and substituted "by other users
    thereof" for "for other purposes".
      Subsecs. (c) to (g). Pub. L. 92-225, Sec. 104(c), added subsecs.
    (c) to (f) and redesignated former subsec. (c) as (g).
      1959 - Subsec. (a). Pub. L. 86-274 provided that appearances by
    legally qualified candidates on bona fide newscasts, interviews and
    documentaries and on on-the-spot coverage of bona fide news events
    shall not be deemed to be use of a broadcasting station within the
    meaning of this subsection.
      1952 - Act July 16, 1952, designated existing provisions as
    subsecs. (a) and (c) and added subsec. (b).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-155, title III, Sec. 305(c), Mar. 27, 2002, 116 Stat.
    102, provided that: "The amendments made by this section [amending
    this section] shall apply to broadcasts made after the effective
    date of this Act [Nov. 6, 2002]."
      Amendment by Pub. L. 107-155 effective Nov. 6, 2002
    (notwithstanding section 305(c) of Pub. L. 107-155, set out above),
    but not applicable with respect to runoff elections, recounts, or
    election contests resulting from elections held prior to Nov. 6,
    2002, see section 402 of Pub. L. 107-155, set out as an Effective
    Date of 2002 Amendment; Regulations note under section 431 of Title
    2, The Congress.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section
    410(a) of Pub. L. 93-443, set out as a note under section 431 of
    Title 2, The Congress.

                                  REPEALS                              
      Repeal of title I of Pub. L. 92-225, cited as a credit to this
    section, by Pub. L. 93-443, title II, Sec. 205(b), Oct. 15, 1974,
    88 Stat. 1278, has been construed as not repealing the amendments
    to this section made by sections 103(a)(1), (2)(B), and 104(c) of
    such title I.

       REEXAMINATION OF 1959 AMENDMENT; DECLARATION OF CONGRESSIONAL
                                  INTENT
      Section 2 of Pub. L. 86-274 provided that:
      "(a) The Congress declares its intention to reexamine from time
    to time the amendment to section 315(a) of the Communications Act
    of 1934 [subsec. (a) of this section] made by the first section of
    this Act, to ascertain whether such amendment has proved to be
    effective and practicable.
      "(b) To assist the Congress in making its reexaminations of such
    amendment, the Federal Communications Commission shall include in
    each annual report it makes to Congress a statement setting forth
    (1) the information and data used by it in determining questions
    arising from or connected with such amendment, and (2) such
    recommendations as it deems necessary in the public interest."

           SUSPENSION OF EQUAL TIME PROVISIONS FOR 1960 CAMPAIGN       
      Pub. L. 86-677, Aug. 24, 1960, 74 Stat. 554, suspended that part
    of subsec. (a) of this section, which requires any licensee of a
    broadcast station who permits any person who is a legally qualified
    candidate for any public office to use a broadcasting station to
    afford equal opportunities to all other such candidates for that
    office in the use of such broadcasting station, for the period of
    the 1960 presidential and vice presidential campaigns with respect
    to nominees for the offices of President and Vice President of the
    United States. The Federal Communications Commission was directed
    to make a report to the Congress, not later than March 1, 1961,
    with respect to the effect of the provisions of Pub. L. 86-677 and
    any recommendations the Commission might have for amendments to
    this chapter as a result of experience under the provisions of Pub.
    L. 86-677.

-End-

-CITE-
    47 USC Sec. 316                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 316. Modification by Commission of station licenses or
      construction permits; burden of proof

-STATUTE-
      (a)(1) Any station license or construction permit may be modified
    by the Commission either for a limited time or for the duration of
    the term thereof, if in the judgment of the Commission such action
    will promote the public interest, convenience, and necessity, or
    the provisions of this chapter or of any treaty ratified by the
    United States will be more fully complied with. No such order of
    modification shall become final until the holder of the license or
    permit shall have been notified in writing of the proposed action
    and the grounds and reasons therefor, and shall be given reasonable
    opportunity, of at least thirty days, to protest such proposed
    order of modification; except that, where safety of life or
    property is involved, the Commission may by order provide, for a
    shorter period of notice.
      (2) Any other licensee or permittee who believes its license or
    permit would be modified by the proposed action may also protest
    the proposed action before its effective date.
      (3) A protest filed pursuant to this subsection shall be subject
    to the requirements of section 309 of this title for petitions to
    deny.
      (b) In any case where a hearing is conducted pursuant to the
    provisions of this section, both the burden of proceeding with the
    introduction of evidence and the burden of proof shall be upon the
    Commission; except that, with respect to any issue that addresses
    the question of whether the proposed action would modify the
    license or permit of a person described in subsection (a)(2) of
    this section, such burdens shall be as determined by the
    Commission.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 316, as added July 16,
    1952, ch. 879, Sec. 12, 66 Stat. 717; amended Pub. L. 98-214, Sec.
    4(a), Dec. 8, 1983, 97 Stat. 1467.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 316 of act June 19, 1934, related to lotteries
    and similar devices, prior to repeal by act June 25, 1948, ch. 645,
    Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 1304 of
    Title 18, Crimes and Criminal Procedure.

                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 98-214, Sec. 4(a)(1), (2), designated
    existing provisions as par. (1), substituted "and shall be given
    reasonable opportunity, of at least thirty days, to protest such
    proposed order of modification; except that, where safety of life
    or property is involved, the Commission may by order provide, for a
    shorter period of notice" for "and shall have been given reasonable
    opportunity, in no event less than thirty days, to show cause by
    public hearing, if requested, why such order of modification should
    not issue: Provided, That where safety of life or property is
    involved, the Commission may by order provide for a shorter period
    of notice", and added pars. (2) and (3).
      Subsec. (b). Pub. L. 98-214, Sec. 4(a)(3), inserted "; except
    that, with respect to any issue that addresses the question of
    whether the proposed action would modify the license or permit of a
    person described in subsection (a)(2) of this section, such burdens
    shall be as determined by the Commission".

-End-

-CITE-
    47 USC Sec. 317                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 317. Announcement of payment for broadcast

-STATUTE-
    (a) Disclosure of person furnishing
      (1) All matter broadcast by any radio station for which any
    money, service or other valuable consideration is directly or
    indirectly paid, or promised to or charged or accepted by, the
    station so broadcasting, from any person, shall, at the time the
    same is so broadcast, be announced as paid for or furnished, as the
    case may be, by such person: Provided, That "service or other
    valuable consideration" shall not include any service or property
    furnished without charge or at a nominal charge for use on, or in
    connection with, a broadcast unless it is so furnished in
    consideration for an identification in a broadcast of any person,
    product, service, trademark, or brand name beyond an identification
    which is reasonably related to the use of such service or property
    on the broadcast.
      (2) Nothing in this section shall preclude the Commission from
    requiring that an appropriate announcement shall be made at the
    time of the broadcast in the case of any political program or any
    program involving the discussion of any controversial issue for
    which any films, records, transcriptions, talent, scripts, or other
    material or service of any kind have been furnished, without charge
    or at a nominal charge, directly or indirectly, as an inducement to
    the broadcast of such program.
    (b) Disclosure to station of payments
      In any case where a report has been made to a radio station, as
    required by section 508 of this title, of circumstances which would
    have required an announcement under this section had the
    consideration been received by such radio station, an appropriate
    announcement shall be made by such radio station.
    (c) Acquiring information from station employees
      The licensee of each radio station shall exercise reasonable
    diligence to obtain from its employees, and from other persons with
    whom it deals directly in connection with any program or program
    matter for broadcast, information to enable such licensee to make
    the announcement required by this section.
    (d) Waiver of announcement
      The Commission may waive the requirement of an announcement as
    provided in this section in any case or class of cases with respect
    to which it determines that the public interest, convenience, or
    necessity does not require the broadcasting of such announcement.
    (e) Rules and regulations
      The Commission shall prescribe appropriate rules and regulations
    to carry out the provisions of this section.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 317, 48 Stat. 1089; Pub.
    L. 86-752, Sec. 8(a), Sept. 13, 1960, 74 Stat. 895; Pub. L. 96-507,
    Sec. 2(a), Dec. 8, 1980, 94 Stat. 2747.)

-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-507 conformed the reference to
    section 508 of this title to reflect the renumbering of that
    section by Pub. L. 96-507.
      1960 - Pub. L. 86-752 designated existing provisions as subsec.
    (a), inserting proviso clause, and added subsecs. (b) to (e).

-End-

-CITE-
    47 USC Sec. 318                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 318. Transmitting apparatus; operator's license

-STATUTE-
      The actual operation of all transmitting apparatus in any radio
    station for which a station license is required by this chapter
    shall be carried on only by a person holding an operator's license
    issued hereunder, and no person shall operate any such apparatus in
    such station except under and in accordance with an operator's
    license issued to him by the Commission: Provided, however, That
    the Commission if it shall find that the public interest,
    convenience, or necessity will be served thereby may waive or
    modify the foregoing provisions of this section for the operation
    of any station except (1) stations for which licensed operators are
    required by international agreement, (2) stations for which
    licensed operators are required for safety purposes, and (3)
    stations operated as common carriers on frequencies below thirty
    thousand kilocycles: Provided further, That the Commission shall
    have power to make special regulations governing the granting of
    licenses for the use of automatic radio devices and for the
    operation of such devices.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 318, 48 Stat. 1089; Mar.
    29, 1937, ch. 58, 50 Stat. 56; Pub. L. 86-609, Sec. 1, July 7,
    1960, 74 Stat. 363; Pub. L. 94-335, July 1, 1976, 90 Stat. 794;
    Pub. L. 102-538, title II, Sec. 205, Oct. 27, 1992, 106 Stat. 3543;
    Pub. L. 103-414, title III, Sec. 303(d), Oct. 25, 1994, 108 Stat.
    4296.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-414 made technical amendments to directory
    language of Pub. L. 102-538, Sec. 205(1). See 1992 Amendment note
    below.
      1992 - Pub. L. 102-538, Sec. 205(2), redesignated cl. (4) as (3).
      Pub. L. 102-538, Sec. 205(1), as amended by Pub. L. 103-414,
    struck out cl. (3) which read as follows: "stations engaged in
    broadcasting (other than those engaged primarily in the function of
    rebroadcasting the signals of broadcast stations),".
      1976 - Pub. L. 94-335 substituted "engaged primarily in the
    function of rebroadcasting the signals of broadcast stations" for
    "engaged solely in the function of rebroadcasting the signals of
    television broadcast stations" in parenthetical provisions of cl.
    (3).
      1960 - Pub. L. 86-609 inserted "(other than those engaged solely
    in the function of rebroadcasting the signals of television
    broadcast stations)" after "engaged in broadcasting".
      1937 - Act Mar. 29, 1937, inserted provisos.

-End-

-CITE-
    47 USC Sec. 319                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 319. Construction permits

-STATUTE-
    (a) Requirements
      No license shall be issued under the authority of this chapter
    for the operation of any station unless a permit for its
    construction has been granted by the Commission. The application
    for a construction permit shall set forth such facts as the
    Commission by regulation may prescribe as to the citizenship,
    character, and the financial, technical, and other ability of the
    applicant to construct and operate the station, the ownership and
    location of the proposed station and of the station or stations
    with which it is proposed to communicate, the frequencies desired
    to be used, the hours of the day or other periods of time during
    which it is proposed to operate the station, the purpose for which
    the station is to be used, the type of transmitting apparatus to be
    used, the power to be used, the date upon which the station is
    expected to be completed and in operation, and such other
    information as the Commission may require. Such application shall
    be signed by the applicant in any manner or form, including by
    electronic means, as the Commission may prescribe by regulation.
    (b) Time limitation; forfeiture
      Such permit for construction shall show specifically the earliest
    and latest dates between which the actual operation of such station
    is expected to begin, and shall provide that said permit will be
    automatically forfeited if the station is not ready for operation
    within the time specified or within such further time as the
    Commission may allow, unless prevented by causes not under the
    control of the grantee.
    (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.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 319, 48 Stat. 1089; July
    16, 1952, ch. 879, Sec. 13, 66 Stat. 718; Mar. 26, 1954, ch. 111,
    68 Stat. 35; Pub. L. 86-609, Sec. 2, July 7, 1960, 74 Stat. 363;
    Pub. L. 86-752, Sec. 4(b), Sept. 13, 1960, 74 Stat. 892; Pub. L. 87-
    444, Sec. 4, Apr. 27, 1962, 76 Stat. 64; Pub. L. 97-259, title I,
    Secs. 118, 119, Sept. 13, 1982, 96 Stat. 1095, 1096; Pub. L. 102-
    538, title II, Sec. 204(c), Oct. 27, 1992, 106 Stat. 3543; Pub. L.
    104-104, title IV, Sec. 403(m), Feb. 8, 1996, 110 Stat. 132.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-104 substituted "With respect to
    any broadcasting station, the Commission shall not have any
    authority to waive the requirement of a permit for construction,
    except that the Commission may by regulation determine that a
    permit shall not be required for minor changes in the facilities of
    authorized broadcast stations. With respect to any other station or
    class of stations, the Commission shall not waive the requirement
    for a construction permit unless the Commission determines that the
    public interest, convenience, and necessity would be served by such
    a waiver." for "With respect to any broadcasting station, the
    Commission shall not have any authority to waive the requirement of
    a permit for construction. With respect to any other station or
    class of stations, the Commission shall not waive such requirement
    unless the Commission determines that the public interest,
    convenience, and necessity would be served by such a waiver."
      1992 - Subsec. (a). Pub. L. 102-538 inserted before period at end
    "in any manner or form, including by electronic means, as the
    Commission may prescribe by regulation".
      1982 - Subsec. (a). Pub. L. 97-259, Sec. 118, struck out "the
    construction of which is begun or is continued after this chapter
    takes effect," after "operation of any station".
      Subsec. (d). Pub. L. 97-259, Sec. 119, substituted provision that
    a permit for construction shall not be required for public coast
    stations, privately owned fixed microwave stations, or stations
    licensed to common carriers, unless the Commission determines that
    the public interest, convenience, and necessity would be served by
    requiring such permits for any such stations, that with respect to
    any broadcasting station, the Commission shall not have any
    authority to waive the requirement of a permit for construction,
    and that with respect to any other station or class of stations,
    the Commission shall not waive such requirement unless the
    Commission determines that the public interest, convenience, and
    necessity would be served by such a waiver, for provision that with
    respect to stations or classes of stations other than Government
    stations, amateur stations, mobile stations, and broadcasting
    stations, the Commission could waive the requirement of a permit
    for construction if it found that the public interest, convenience,
    or necessity would be served thereby, that such waiver would apply
    only to stations whose construction was begun subsequent to the
    effective date of the waiver, and that if the Commission found that
    the public interest, convenience, and necessity would be served
    thereby, it could waive the requirement of a permit for
    construction of a station that was engaged solely in rebroadcasting
    television signals if such station had been constructed on or
    before July 7, 1960.
      1962 - Subsec. (a). Pub. L. 87-444 struck out requirement that
    applications were to be signed under oath or affirmation.
      1960 - Subsec. (c). Pub. L. 86-752 inserted references to section
    309(d)-(g).
      Subsec. (d). Pub. L. 86-609 authorized the Commission to waive
    the requirement of a permit for construction of a station engaged
    solely in rebroadcasting television signals if such station was
    constructed on or before July 7, 1960.
      1954 - Subsec. (b). Act Mar. 26, 1954, struck out sentence
    providing that a construction permit should not be required for
    Government stations, amateur stations, or stations upon mobile
    vessels, railroad rolling stock, or aircraft, such provisions being
    covered by subsec. (d) of this section.
      Subsec. (d). Act Mar. 26, 1954, added subsec. (d).
      1952 - Subsec. (a). Act July 16, 1952, Sec. 13(a), (b), struck
    out "upon written application therefor" after "by the Commission"
    in first sentence, struck out second sentence, and substituted in
    third sentence, "The application for a construction permit shall
    set forth" for "This application shall set forth".
      Subsec. (b). Act July 16, 1952, Sec. 13(c), (d), struck out
    second sentence relating to assignment of rights under a permit,
    and struck out last two sentences, which are incorporated in
    subsec. (c).
      Subsec. (c). Act July 16, 1952, Sec. 13(d), added subsec. (c).

                     EFFECTIVE DATE OF 1960 AMENDMENT                 
      Amendment by Pub. L. 86-752 effective ninety days after Sept. 13,
    1960, see section 4(d)(1) of Pub. L. 86-752, set out as a note
    under section 309 of this title.

-End-

-CITE-
    47 USC Sec. 320                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 320. Stations liable to interfere with distress signals;
      designation and regulation

-STATUTE-
      The Commission is authorized to designate from time to time radio
    stations the communications or signals of which, in its opinion,
    are liable to interfere with the transmission or reception of
    distress signals of ships. Such stations are required to keep a
    licensed radio operator listening in on the frequencies designated
    for signals of distress and radio communications relating thereto
    during the entire period the transmitter of such station is in
    operation.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 320, 48 Stat. 1090.)

-End-

-CITE-
    47 USC Sec. 321                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 321. Distress signals and communications; equipment on
      vessels; regulations

-STATUTE-
      (a) The transmitting set in a radio station on shipboard may be
    adjusted in such a manner as to produce a maximum of radiation,
    irrespective of the amount of interference which may thus be
    caused, when such station is sending radio communications or
    signals of distress and radio communications relating thereto.
      (b) All radio stations, including Government stations and
    stations on board foreign vessels when within the territorial
    waters of the United States, shall give absolute priority to radio
    communications or signals relating to ships in distress; shall
    cease all sending on frequencies which will interfere with hearing
    a radio communication or signal of distress, and, except when
    engaged in answering or aiding the ship in distress, shall refrain
    from sending any radio communications or signals until there is
    assurance that no interference will be caused with the radio
    communications or signals relating thereto, and shall assist the
    vessel in distress, so far as possible, by complying with its
    instructions.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 321, 48 Stat. 1090; May
    20, 1937, ch. 229, Sec. 7, 50 Stat. 191.)

-MISC1-
                                AMENDMENTS                            
      1937 - Subsec. (a). Act May 20, 1937, struck out provisions which
    required radio stations on shipboard to be equipped to transmit
    radio communications or signals of distress on the frequency
    specified by the Commission, with apparatus capable of transmitting
    and receiving messages over a distance of at least 100 miles by day
    or night.

-End-

-CITE-
    47 USC Sec. 322                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 322. Exchanging radio communications between land and ship
      stations and from ship to ship

-STATUTE-
      Every land station open to general public service between the
    coast and vessels or aircraft at sea shall, within the scope of its
    normal operations, be bound to exchange radio communications or
    signals with any ship or aircraft station at sea; and each station
    on shipboard or aircraft at sea shall, within the scope of its
    normal operations, be bound to exchange radio communications or
    signals with any other station on shipboard or aircraft at sea or
    with any land station open to general public service between the
    coast and vessels or aircraft at sea: Provided, That such exchange
    of radio communication shall be without distinction as to radio
    systems or instruments adopted by each station.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 322, 48 Stat. 1090; May
    20, 1937, ch. 229, Sec. 8, 50 Stat. 191.)

-MISC1-
                                AMENDMENTS                            
      1937 - Act May 20, 1937, provided for radio communications with
    aircraft stations.

-End-

-CITE-
    47 USC Sec. 323                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 323. Interference between Government and commercial stations

-STATUTE-
      (a) At all places where Government and private or commercial
    radio stations on land operate in such close proximity that
    interference with the work of Government stations cannot be avoided
    when they are operating simultaneously, such private or commercial
    stations as do interfere with the transmission or reception of
    radio communications or signals by the Government stations
    concerned shall not use their transmitters during the first fifteen
    minutes of each hour, local standard time.
      (b) The Government stations for which the above-mentioned
    division of time is established shall transmit radio communications
    or signals only during the first fifteen minutes of each hour,
    local standard time, except in case of signals or radio
    communications relating to vessels in distress and vessel requests
    for information as to course, location, or compass direction.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 323, 48 Stat. 1090.)

-End-

-CITE-
    47 USC Sec. 324                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 324. Use of minimum power

-STATUTE-
      In all circumstances, except in case of radio communications or
    signals relating to vessels in distress, all radio stations,
    including those owned and operated by the United States, shall use
    the minimum amount of power necessary to carry out the
    communication desired.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 324, 48 Stat. 1091.)

-End-

-CITE-
    47 USC Sec. 325                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 325. False, fraudulent, or unauthorized transmissions

-STATUTE-
    (a) False distress signals; rebroadcasting programs
      No person within the jurisdiction of the United States shall
    knowingly utter or transmit, or cause to be uttered or transmitted,
    any false or fraudulent signal of distress, or communication
    relating thereto, nor shall any broadcasting station rebroadcast
    the program or any part thereof of another broadcasting station
    without the express authority of the originating station.
    (b) Consent to retransmission of broadcasting station signals
      (1) No cable system or other multichannel video programming
    distributor shall retransmit the signal of a broadcasting station,
    or any part thereof, except - 
        (A) with the express authority of the originating station;
        (B) under section 534 of this title, in the case of a station
      electing, in accordance with this subsection, to assert the right
      to carriage under such section; or
        (C) under section 338 of this title, in the case of a station
      electing, in accordance with this subsection, to assert the right
      to carriage under such section.

      (2) This subsection shall not apply - 
        (A) to retransmission of the signal of a noncommercial
      television broadcast station;
        (B) to retransmission of the signal of a television broadcast
      station outside the station's local market by a satellite carrier
      directly to its subscribers, if - 
          (i) such station was a superstation on May 1, 1991;
          (ii) as of July 1, 1998, such station was retransmitted by a
        satellite carrier under the statutory license of section 119 of
        title 17; and
          (iii) the satellite carrier complies with any network
        nonduplication, syndicated exclusivity, and sports blackout
        rules adopted by the Commission under section 339(b) of this
        title;

        (C) until December 31, 2009, to retransmission of the signals
      of network stations directly to a home satellite antenna, if the
      subscriber receiving the signal - 
          (i) is located in an area outside the local market of such
        stations; and
          (ii) resides in an unserved household;

        (D) to retransmission by a cable operator or other multichannel
      video provider, other than a satellite carrier, of the signal of
      a television broadcast station outside the station's local market
      if such signal was obtained from a satellite carrier and - 
          (i) the originating station was a superstation on May 1,
        1991; and
          (ii) as of July 1, 1998, such station was retransmitted by a
        satellite carrier under the statutory license of section 119 of
        title 17; or

        (E) during the 6-month period beginning on November 29, 1999,
      to the retransmission of the signal of a television broadcast
      station within the station's local market by a satellite carrier
      directly to its subscribers under the statutory license of
      section 122 of title 17.

    For purposes of this paragraph, the terms "satellite carrier" and
    "superstation" have the meanings given those terms, respectively,
    in section 119(d) of title 17, as in effect on October 5, 1992, the
    term "unserved household" has the meaning given that term under
    section 119(d) of such title, and the term "local market" has the
    meaning given that term in section 122(j) of such title.
      (3)(A) Within 45 days after October 5, 1992, the Commission shall
    commence a rulemaking proceeding to establish regulations to govern
    the exercise by television broadcast stations of the right to grant
    retransmission consent under this subsection and of the right to
    signal carriage under section 534 of this title, and such other
    regulations as are necessary to administer the limitations
    contained in paragraph (2). The Commission shall consider in such
    proceeding the impact that the grant of retransmission consent by
    television stations may have on the rates for the basic service
    tier and shall ensure that the regulations prescribed under this
    subsection do not conflict with the Commission's obligation under
    section 543(b)(1) of this title to ensure that the rates for the
    basic service tier are reasonable. Such rulemaking proceeding shall
    be completed within 180 days after October 5, 1992.
      (B) The regulations required by subparagraph (A) shall require
    that television stations, within one year after October 5, 1992,
    and every three years thereafter, make an election between the
    right to grant retransmission consent under this subsection and the
    right to signal carriage under section 534 of this title. If there
    is more than one cable system which services the same geographic
    area, a station's election shall apply to all such cable systems.
      (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) until January 1, 2010, 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; and
        (iii) until January 1, 2010, 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.

      (4) If an originating television station elects under paragraph
    (3)(B) to exercise its right to grant retransmission consent under
    this subsection with respect to a cable system, the provisions of
    section 534 of this title shall not apply to the carriage of the
    signal of such station by such cable system. If an originating
    television station elects under paragraph (3)(C) to exercise its
    right to grant retransmission consent under this subsection with
    respect to a satellite carrier, section 338 of this title shall not
    apply to the carriage of the signal of such station by such
    satellite carrier.
      (5) The exercise by a television broadcast station of the right
    to grant retransmission consent under this subsection shall not
    interfere with or supersede the rights under section 338, 534, or
    535 of this title of any station electing to assert the right to
    signal carriage under that section.
      (6) Nothing in this section shall be construed as modifying the
    compulsory copyright license established in section 111 of title 17
    or as affecting existing or future video programming licensing
    agreements between broadcasting stations and video programmers.
      (7) For purposes of this subsection, the term - 
        (A) "network station" has the meaning given such term under
      section 119(d) of title 17; and
        (B) "television broadcast station" means an over-the-air
      commercial or noncommercial television broadcast station licensed
      by the Commission under subpart E of part 73 of title 47, Code of
      Federal Regulations, except that such term does not include a low-
      power or translator television station.
    (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 section 309 of this title
    with respect to applications for station licenses or renewal or
    modification thereof, and the license or permission so granted
    shall be revocable for false statements in the application so
    required or when the Commission, after hearings, shall find its
    continuation no longer in the public interest.
    (e) Enforcement proceedings against satellite carriers concerning
      retransmissions of television broadcast stations in the
      respective local markets of such carriers
      (1) Complaints by television broadcast stations
        If after the expiration of the 6-month period described under
      subsection (b)(2)(E) of this section a television broadcast
      station believes that a satellite carrier has retransmitted its
      signal to any person in the local market of such station in
      violation of subsection (b)(1) of this section, the station may
      file with the Commission a complaint providing - 
          (A) the name, address, and call letters of the station;
          (B) the name and address of the satellite carrier;
          (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) of this
      section through retransmission of a station within the local
      market of such station by filing the original and two copies of
      the complaint with the Secretary of the Commission and serving a
      copy of the complaint on the satellite carrier by means of two
      commonly used overnight delivery services, each addressed to the
      chief executive officer of the satellite carrier at its principal
      place of business, and each marked "URGENT LITIGATION MATTER" on
      the outer packaging. Service shall be deemed complete one
      business day after a copy of the complaint is provided to the
      delivery services for overnight delivery. On receipt of a
      complaint filed by a television broadcast station under this
      subsection, the Secretary of the Commission shall send the
      original complaint by United States mail, postage prepaid,
      receipt requested, addressed to the chief executive officer of
      the satellite carrier at its principal place of business.
      (3) Answers by satellite carriers
        Within five business days after the date of service, the
      satellite carrier shall file an answer with the Commission and
      shall serve the answer by a commonly used overnight delivery
      service and by United States mail, on the counsel designated in
      the complaint at the address listed for such counsel in the
      complaint.
      (4) Defenses
        (A) Exclusive defenses
          The defenses under this paragraph are the exclusive defenses
        available to a satellite carrier against which a complaint
        under this subsection is filed.
        (B) Defenses
          The defenses referred to under subparagraph (A) are the
        defenses that - 
            (i) the satellite carrier did not retransmit the television
          broadcast station to any person in the local market of the
          station during the time period specified in the complaint;
            (ii) the television broadcast station had, in a writing
          signed by an officer of the television broadcast station,
          expressly authorized the retransmission of the station by the
          satellite carrier to each person in the local market of the
          television broadcast station to which the satellite carrier
          made such retransmissions for the entire time period during
          which it is alleged that a violation of subsection (b)(1) of
          this section has occurred;
            (iii) the retransmission was made after January 1, 2002,
          and the television broadcast station had elected to assert
          the right to carriage under section 338 of this title as
          against the satellite carrier for the relevant period; or
            (iv) the station being retransmitted is a noncommercial
          television broadcast station.
      (5) Counting of violations
        The retransmission without consent of a particular television
      broadcast station on a particular day to one or more persons in
      the local market of the station shall be considered a separate
      violation of subsection (b)(1) of this section.
      (6) Burden of proof
        With respect to each alleged violation, the burden of proof
      shall be on a television broadcast station to establish that the
      satellite carrier retransmitted the station to at least one
      person in the local market of the station on the day in question.
      The burden of proof shall be on the satellite carrier with
      respect to all defenses other than the defense under paragraph
      (4)(B)(i).
      (7) Procedures
        (A) Regulations
          Within 60 days after November 29, 1999, the Commission shall
        issue procedural regulations implementing this subsection which
        shall supersede procedures under section 312 of this title.
        (B) Determinations
          (i) In general
            Within 45 days after the filing of a complaint, the
          Commission shall issue a final determination in any
          proceeding brought under this subsection. The Commission's
          final determination shall specify the number of violations
          committed by the satellite carrier. The Commission shall hear
          witnesses only if it clearly appears, based on written
          filings by the parties, that there is a genuine dispute about
          material facts. Except as provided in the preceding sentence,
          the Commission may issue a final ruling based on written
          filings by the parties.
          (ii) Discovery
            The Commission may direct the parties to exchange pertinent
          documents, and if necessary to take prehearing depositions,
          on such schedule as the Commission may approve, but only if
          the Commission first determines that such discovery is
          necessary to resolve a genuine dispute about material facts,
          consistent with the obligation to make a final determination
          within 45 days.
      (8) Relief
        If the Commission determines that a satellite carrier has
      retransmitted the television broadcast station to at least one
      person in the local market of such station and has failed to meet
      its burden of proving one of the defenses under paragraph (4)
      with respect to such retransmission, the Commission shall be
      required to - 
          (A) make a finding that the satellite carrier violated
        subsection (b)(1) of this section with respect to that station;
        and
          (B) issue an order, within 45 days after the filing of the
        complaint, containing - 
            (i) a cease-and-desist order directing the satellite
          carrier immediately to stop making any further
          retransmissions of the television broadcast station to any
          person within the local market of such station until such
          time as the Commission determines that the satellite carrier
          is in compliance with subsection (b)(1) of this section with
          respect to such station;
            (ii) if the satellite carrier is found to have violated
          subsection (b)(1) of this section with respect to more than
          two television broadcast stations, a cease-and-desist order
          directing the satellite carrier to stop making any further
          retransmission of any television broadcast station to any
          person within the local market of such station, until such
          time as the Commission, after giving notice to the station,
          that the satellite carrier is in compliance with subsection
          (b)(1) of this section with respect to such stations; and
            (iii) an award to the complainant of that complainant's
          costs and reasonable attorney's fees.
      (9) Court proceedings on enforcement of Commission order
        (A) In general
          On entry by the Commission of a final order granting relief
        under this subsection - 
            (i) a television broadcast station may apply within 30 days
          after such entry to the United States District Court for the
          Eastern District of Virginia for a final judgment enforcing
          all relief granted by the Commission; and
            (ii) the satellite carrier may apply within 30 days after
          such entry to the United States District Court for the
          Eastern District of Virginia for a judgment reversing the
          Commission's order.
        (B) Appeal
          The procedure for an appeal under this paragraph by the
        satellite carrier shall supersede any other appeal rights under
        Federal or State law. A United States district court shall be
        deemed to have personal jurisdiction over the satellite carrier
        if the carrier, or a company under common control with the
        satellite carrier, has delivered television programming by
        satellite to more than 30 customers in that district during the
        preceding 4-year period. If the United States District Court
        for the Eastern District of Virginia does not have personal
        jurisdiction over the satellite carrier, an enforcement action
        or appeal shall be brought in the United States District Court
        for the District of Columbia, which may find personal
        jurisdiction based on the satellite carrier's ownership of
        licenses issued by the Commission. An application by a
        television broadcast station for an order enforcing any cease-
        and-desist relief granted by the Commission shall be resolved
        on a highly expedited schedule. No discovery may be conducted
        by the parties in any such proceeding. The district court shall
        enforce the Commission order unless the Commission record
        reflects manifest error and an abuse of discretion by the
        Commission.
      (10) Civil action for statutory damages
        Within 6 months after issuance of an order by the Commission
      under this subsection, a television broadcast station may file a
      civil action in any United States district court that has
      personal jurisdiction over the satellite carrier for an award of
      statutory damages for any violation that the Commission has
      determined to have been committed by a satellite carrier under
      this subsection. Such action shall not be subject to transfer
      under section 1404(a) of title 28. On finding that the satellite
      carrier has committed one or more violations of subsection (b) of
      this section, the District Court shall be required to award the
      television broadcast station statutory damages of $25,000 per
      violation, in accordance with paragraph (5), and the costs and
      attorney's fees incurred by the station. Such statutory damages
      shall be awarded only if the television broadcast station has
      filed a binding stipulation with the court that such station will
      donate the full amount in excess of $1,000 of any statutory
      damage award to the United States Treasury for public purposes.
      Notwithstanding any other provision of law, a station shall incur
      no tax liability of any kind with respect to any amounts so
      donated. Discovery may be conducted by the parties in any
      proceeding under this paragraph only if and to the extent
      necessary to resolve a genuinely disputed issue of fact
      concerning one of the defenses under paragraph (4). In any such
      action, the defenses under paragraph (4) shall be exclusive, and
      the burden of proof shall be on the satellite carrier with
      respect to all defenses other than the defense under paragraph
      (4)(B)(i). A judgment under this paragraph may be enforced in any
      manner permissible under Federal or State law.
      (11) Appeals
        (A) In general
          The nonprevailing party before a United States district court
        may appeal a decision under this subsection to the United
        States Court of Appeals with jurisdiction over that district
        court. The Court of Appeals shall not issue any stay of the
        effectiveness of any decision granting relief against a
        satellite carrier unless the carrier presents clear and
        convincing evidence that it is highly likely to prevail on
        appeal and only after posting a bond for the full amount of any
        monetary award assessed against it and for such further amount
        as the Court of Appeals may believe appropriate.
        (B) Appeal
          If the Commission denies relief in response to a complaint
        filed by a television broadcast station under this subsection,
        the television broadcast station filing the complaint may file
        an appeal with the United States Court of Appeals for the
        District of Columbia Circuit.
      (12) Sunset
        No complaint or civil action may be filed under this subsection
      after December 31, 2001. This subsection shall continue to apply
      to any complaint or civil action filed on or before such date.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 325, 48 Stat. 1091; Pub.
    L. 102-385, Sec. 6, Oct. 5, 1992, 106 Stat. 1482; Pub. L. 106-113,
    div. B, Sec. 1000(a)(9) [title I, Sec. 1009], Nov. 29, 1999, 113
    Stat. 1536, 1501A-537; Pub. L. 108-447, div. J, title IX [title II,
    Secs. 201, 207(a)], Dec. 8, 2004, 118 Stat. 3409, 3428.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(2)(C). Pub. L. 108-447, Sec. 201, substituted
    "December 31, 2009" for "December 31, 2004".
      Subsec. (b)(3)(C). Pub. L. 108-447, Sec. 207(a)(1), (2), in
    introductory provisions, substituted "The" for "Within 45 days
    after November 29, 1999, the" and struck out second sentence which
    read "The Commission shall complete all actions necessary to
    prescribe such regulations within 1 year after November 29, 1999."
      Subsec. (b)(3)(C)(ii). Pub. L. 108-447, Sec. 207(a)(4)(A),
    substituted "January 1, 2010" for "January 1, 2006".
      Subsec. (b)(3)(C)(iii). Pub. L. 108-447, Sec. 207(a)(3), (4)(B),
    (5), added cl. (iii).
      1999 - Subsec. (b)(1), (2). Pub. L. 106-113, Sec. 1000(a)(9)
    [title I, Sec. 1009(a)(1)], amended pars. (1) and (2) generally.
    Prior to amendment, pars. (1) and (2) read as follows:
      "(1) Following the date that is one year after October 5, 1992,
    no cable system or other multichannel video programming distributor
    shall retransmit the signal of a broadcasting station, or any part
    thereof, except - 
        "(A) with the express authority of the originating station; or
        "(B) pursuant to section 534 of this title, in the case of a
      station electing, in accordance with this subsection, to assert
      the right to carriage under such section.
      "(2) The provisions of this subsection shall not apply to - 
        "(A) retransmission of the signal of a noncommercial
      broadcasting station;
        "(B) retransmission directly to a home satellite antenna of the
      signal of a broadcasting station that is not owned or operated
      by, or affiliated with, a broadcasting network, if such signal
      was retransmitted by a satellite carrier on May 1, 1991;
        "(C) retransmission of the signal of a broadcasting station
      that is owned or operated by, or affiliated with, a broadcasting
      network directly to a home satellite antenna, if the household
      receiving the signal is an unserved household; or
        "(D) retransmission by a cable operator or other multichannel
      video programming distributor of the signal of a superstation if
      such signal was obtained from a satellite carrier and the
      originating station was a superstation on May 1, 1991.
    For purposes of this paragraph, the terms 'satellite carrier',
    'superstation', and 'unserved household' have the meanings given
    those terms, respectively, in section 119(d) of title 17 as in
    effect on October 5, 1992."
      Subsec. (b)(3)(C). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
    Sec. 1009(a)(2)], added subpar. (C).
      Subsec. (b)(4). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
    1009(a)(3)], inserted at end "If an originating television station
    elects under paragraph (3)(C) to exercise its right to grant
    retransmission consent under this subsection with respect to a
    satellite carrier, section 338 of this title shall not apply to the
    carriage of the signal of such station by such satellite carrier."
      Subsec. (b)(5). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
    1009(a)(4)], substituted "338, 534, or 535 of this title" for "534
    or 535 of this title".
      Subsec. (b)(7). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
    1009(a)(5)], added par. (7).
      Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
    1009(b)], added subsec. (e).
      1992 - Subsecs. (b) to (d). Pub. L. 102-385 added subsec. (b) and
    redesignated former subsecs. (b) and (c) as (c) and (d),
    respectively.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 28 of Pub. L. 102-385 provided that: "Except where
    otherwise expressly provided, the provisions of this Act [enacting
    sections 334, 335, 534 to 537, 544a, 548, and 555a of this title,
    amending this section and sections 332, 522, 532, 533, 541 to 544,
    546, 551 to 555, and 558 of this title, and enacting provisions set
    out as notes under sections 521, 531, 543, and 554 of this title]
    and the amendments made thereby shall take effect 60 days after the
    date of enactment of this Act [Oct. 5, 1992]."

                                REGULATIONS                            
      Pub. L. 108-447, div. J, title IX [title II, Sec. 207(b)], Dec.
    8, 2004, 118 Stat. 3428, provided that: "The Federal Communications
    Commission shall prescribe regulations to implement the amendment
    made by subsection (a)(5) [amending this section] within 180 days
    after the date of enactment of this Act [Dec. 8, 2004]."

                               SEVERABILITY                           
      Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1010],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-543, provided that: "If any
    provision of section 325(b) of the Communications Act of 1934 (47
    U.S.C. 325(b)), or the application of that provision to any person
    or circumstance, is held by a court of competent jurisdiction to
    violate any provision of the Constitution of the United States,
    then the other provisions of that section, and the application of
    that provision to other persons and circumstances, shall not be
    affected."

                   DIGITAL TRANSITION SAVINGS PROVISION               
      Pub. L. 108-447, div. J, title IX [title II, Sec. 212], Dec. 8,
    2004, 118 Stat. 3431, provided that: "Nothing in the dates by which
    requirements or other provisions are effective under this Act
    [probably means title IX of div. J of Pub. L. 108-447, see Short
    Title of 2004 Amendment note set out under section 101 of Title 17,
    Copyrights] or the amendments made by this Act shall be construed -
    
        "(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."

-End-

-CITE-
    47 USC Sec. 326                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 326. Censorship

-STATUTE-
      Nothing in this chapter shall be understood or construed to give
    the Commission the power of censorship over the radio
    communications or signals transmitted by any radio station, and no
    regulation or condition shall be promulgated or fixed by the
    Commission which shall interfere with the right of free speech by
    means of radio communication.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 326, 48 Stat. 1091; June
    25, 1948, ch. 645, Sec. 21, 62 Stat. 862.)

-MISC1-
                                AMENDMENTS                            
      1948 - Act June 25, 1948, repealed last sentence relating to use
    of indecent language. See section 1464 of Title 18, Crimes and
    Criminal Procedure.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act June 25, 1948, effective as of Sept. 1, 1948,
    see section 20 of that act.

-End-

-CITE-
    47 USC Sec. 327                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 327. Naval stations; use for commercial messages; rates

-STATUTE-
      The Secretary of the Navy is authorized, unless restrained by
    international agreement, under the terms and conditions and at
    rates prescribed by him, which rates shall be just and reasonable,
    and which, upon complaint, shall be subject to review and revision
    by the Commission, to use all radio stations and apparatus,
    wherever located, owned by the United States and under the control
    of the Navy Department, (a) for the reception and transmission of
    press messages offered by any newspaper published in the United
    States, its Territories or possessions, or published by citizens of
    the United States in foreign countries, or by any press association
    of the United States, and (b) for the reception and transmission of
    private commercial messages between ships, between ship and shore,
    between localities in Alaska and between Alaska and the continental
    United States: Provided, That the rates fixed for the reception and
    transmission of all such messages, other than press messages
    between the Pacific coast of the United States, Hawaii, Alaska,
    Guam, American Samoa, the Philippine Islands, and the Orient, and
    between the United States and the Virgin Islands, shall not be less
    than the rates charged by privately owned and operated stations for
    like messages and service: Provided further, That the right to use
    such stations for any of the purposes named in this section shall
    terminate and cease as between any countries or localities or
    between any locality and privately operated ships whenever
    privately owned and operated stations are capable of meeting the
    normal communication requirements between such countries or
    localities or between any locality and privately operated ships,
    and the Commission shall have notified the Secretary of the Navy
    thereof.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 327, 48 Stat. 1091.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Philippine Islands, referred to in text, were granted their
    independence by Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60
    Stat. 1352, issued pursuant to section 1394 of Title 22, Foreign
    Relations and Intercourse, and set out under that section. They are
    now known as the Republic of the Philippines.

-End-

-CITE-
    47 USC Sec. 328                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 328. Repealed. Pub. L. 103-414, title III, Sec. 304(a)(10),
      Oct. 25, 1994, 108 Stat. 4297

-MISC1-
      Section, act June 19, 1934, ch. 652, title III, Sec. 328, 48
    Stat. 1092; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60
    Stat. 1352, related to representation of Canal Zone in
    international radio matters by Secretary of State.

-End-

-CITE-
    47 USC Sec. 329                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 329. Administration of radio laws in Territories and
      possessions

-STATUTE-
      The Commission is authorized to designate any officer or employee
    of any other department of the Government on duty in any Territory
    or possession of the United States to render therein such service
    in connection with the administration of this chapter as the
    Commission may prescribe and also to designate any officer or
    employee of any other department of the Government to render such
    services at any place within the United States in connection with
    the administration of this subchapter as may be necessary:
    Provided, That such designation shall be approved by the head of
    the department in which such person is employed.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 329, 48 Stat. 1092; May
    20, 1937, ch. 229, Sec. 9, 50 Stat. 191.)

-MISC1-
                                AMENDMENTS                            
      1937 - Act May 20, 1937, struck out provisions which prohibited
    designation of officers and employees in the Philippine Islands and
    Canal Zone and inserted provisions permitting designation of
    officers and employees within the United States.

-End-

-CITE-
    47 USC Sec. 330                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 330. Prohibition against shipment of certain television
      receivers

-STATUTE-
      (a) No person shall ship in interstate commerce, or import from
    any foreign country into the United States, for sale or resale to
    the public, apparatus described in subsection (s) of section 303 of
    this title unless it complies with rules prescribed by the
    Commission pursuant to the authority granted by that subsection:
    Provided, That this section shall not apply to carriers
    transporting such apparatus without trading in it.
      (b) No person shall ship in interstate commerce, manufacture,
    assemble, or import from any foreign country into the United
    States, any apparatus described in section 303(u) of this title
    except in accordance with rules prescribed by the Commission
    pursuant to the authority granted by that section. Such rules shall
    provide performance and display standards for such built-in decoder
    circuitry. Such rules shall further require that all such apparatus
    be able to receive and display closed captioning which have been
    transmitted by way of line 21 of the vertical blanking interval and
    which conform to the signal and display specifications set forth in
    the Public Broadcasting System engineering report numbered E-7709-C
    dated May 1980, as amended by the Telecaption II Decoder Module
    Performance Specification published by the National Captioning
    Institute, November 1985. As new video technology is developed, the
    Commission shall take such action as the Commission determines
    appropriate to ensure that closed-captioning service continues to
    be available to consumers. This subsection shall not apply to
    carriers transporting such apparatus without trading it.
      (c)(1) Except as provided in paragraph (2), no person shall ship
    in interstate commerce or manufacture in the United States any
    apparatus described in section 303(x) of this title except in
    accordance with rules prescribed by the Commission pursuant to the
    authority granted by that section.
      (2) This subsection shall not apply to carriers transporting
    apparatus referred to in paragraph (1) without trading in it.
      (3) The rules prescribed by the Commission under this subsection
    shall provide for the oversight by the Commission of the adoption
    of standards by industry for blocking technology. Such rules shall
    require that all such apparatus be able to receive the rating
    signals which have been transmitted by way of line 21 of the
    vertical blanking interval and which conform to the signal and
    blocking specifications established by industry under the
    supervision of the Commission.
      (4) As new video technology is developed, the Commission shall
    take such action as the Commission determines appropriate to ensure
    that blocking service continues to be available to consumers. If
    the Commission determines that an alternative blocking technology
    exists that - 
        (A) enables parents to block programming based on identifying
      programs without ratings,
        (B) is available to consumers at a cost which is comparable to
      the cost of technology that allows parents to block programming
      based on common ratings, and
        (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 section
    303(x) of this title to require that the apparatus described in
    such section be equipped with either the blocking technology
    described in such section or the alternative blocking technology
    described in this paragraph.
      (d) For the purposes of this section, and sections 303(s),
    303(u), and 303(x) of this title - 
        (1) The term "interstate commerce" means (A) commerce between
      any State, the District of Columbia, the Commonwealth of Puerto
      Rico, or any possession of the United States and any place
      outside thereof which is within the United States, (B) commerce
      between points in the same State, the District of Columbia, the
      Commonwealth of Puerto Rico, or possession of the United States
      but through any place outside thereof, or (C) commerce wholly
      within the District of Columbia or any possession of the United
      States.
        (2) The term "United States" means the several States, the
      District of Columbia, the Commonwealth of Puerto Rico, and the
      possessions of the United States, but does not include the Canal
      Zone.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 330, as added Pub. L. 87-
    529, Sec. 2, July 10, 1962, 76 Stat. 151; amended Pub. L. 101-431,
    Sec. 4, Oct. 15, 1990, 104 Stat. 961; Pub. L. 104-104, title V,
    Sec. 551(d), Feb. 8, 1996, 110 Stat. 141.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (d)(2), see
    section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-104, Sec. 551(d)(1)(B), added
    subsec. (c). Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 104-104, Sec. 551(d)(2), in introductory
    provisions substituted "and sections 303(s), 303(u), and 303(x) of
    this title" for "section 303(s) of this title, and section 303(u)
    of this title".
      Pub. L. 104-104, Sec. 551(d)(1)(B), redesignated subsec. (c) as
    (d).
      1990 - Subsecs. (b), (c). Pub. L. 101-431 added subsec. (b),
    redesignated former subsec. (b) as (c), and substituted ", section
    303(s) of this title, and section 303(u) of this title" for "and
    section 303(s) of this title".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-431 effective July 1, 1993, see section
    5 of Pub. L. 101-431, set out as a note under section 303 of this
    title.

-End-

-CITE-
    47 USC Sec. 331                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 331. Very high frequency stations and AM radio stations

-STATUTE-
    (a) Very high frequency stations
      It shall be the policy of the Federal Communications Commission
    to allocate channels for very high frequency commercial television
    broadcasting in a manner which ensures that not less than one such
    channel shall be allocated to each State, if technically feasible.
    In any case in which licensee of a very high frequency commercial
    television broadcast station notifies the Commission to the effect
    that such licensee will agree to the reallocation of its channel to
    a community within a State in which there is allocated no very high
    frequency commercial television broadcast channel at the time (!1)
    such notification, the Commission shall, notwithstanding any other
    provision of law, order such reallocation and issue a license to
    such licensee for that purpose pursuant to such notification for a
    term of not to exceed 5 years as provided in section 307(d) (!2) of
    this title.

    (b) AM radio stations
      It shall be the policy of the Commission, in any case in which
    the licensee of an existing AM daytime-only station located in a
    community with a population of more than 100,000 persons that lacks
    a local full-time aural station licensed to that community and that
    is located within a Class I station primary service area notifies
    the Commission that such licensee seeks to provide full-time
    service, to ensure that such a licensee is able to place a
    principal community contour signal over its entire community of
    license 24 hours a day, if technically feasible. The Commission
    shall report to the appropriate committees of Congress within 30
    days after December 20, 1991, on how it intends to meet this policy
    goal.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 331, as added Pub. L. 97-
    248, title III, Sec. 355, Sept. 3, 1982, 96 Stat. 641; amended
    Pub. L. 102-243, Sec. 4, Dec. 20, 1991, 105 Stat. 2402; Pub. L. 103-
    414, title III, Sec. 303(a)(18), Oct. 25, 1994, 108 Stat. 4295.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsec. (d) of section 307 of this title, referred to in subsec.
    (a), was redesignated subsec. (c) of section 307 by Pub. L. 97-259,
    title I, Sec. 112(a), Sept. 13, 1982, 96 Stat. 1093.

-COD-
                               CODIFICATION                           
      December 20, 1991, referred to in subsec. (b), was in the
    original "the date of enactment of this Act", which was translated
    as meaning the date of enactment of Pub. L. 102-243, which enacted
    subsec. (b), to reflect the probable intent of Congress.
      Another section 331 of act June 19, 1934 was renumbered section
    332 and is classified to section 332 of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 331, act June 19, 1934, ch. 652, title III, Sec.
    331, as added Sept. 14, 1973, Pub. L. 93-107, Sec. 1, 87 Stat. 350,
    related to broadcasting of games of professional sports clubs,
    prior to repeal by Pub. L. 93-107, Sec. 2, Sept. 14, 1973, 87 Stat.
    351, effective Dec. 31, 1975.

                                AMENDMENTS                            
      1994 - Pub. L. 103-414 amended section catchline generally.
      1991 - Pub. L. 102-243 inserted "and AM radio stations" in
    section catchline, designated existing provisions as subsec. (a)
    and inserted heading, and added subsec. (b).

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "of".

    (!2) See References in Text note below.

-End-

-CITE-
    47 USC Sec. 332                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 332. Mobile services

-STATUTE-
    (a) Factors which Commission must consider
      In taking actions to manage the spectrum to be made available for
    use by the private mobile services, the Commission shall consider,
    consistent with section 151 of this title, whether such actions
    will - 
        (1) promote the safety of life and property;
        (2) improve the efficiency of spectrum use and reduce the
      regulatory burden upon spectrum users, based upon sound
      engineering principles, user operational requirements, and
      marketplace demands;
        (3) encourage competition and provide services to the largest
      feasible number of users; or
        (4) increase interservice sharing opportunities between private
      mobile services and other services.
    (b) Advisory coordinating committees
      (1) The Commission, in coordinating the assignment of frequencies
    to stations in the private mobile services and in the fixed
    services (as defined by the Commission by rule), shall have
    authority to utilize assistance furnished by advisory coordinating
    committees consisting of individuals who are not officers or
    employees of the Federal Government.
      (2) The authority of the Commission established in this
    subsection shall not be subject to or affected by the provisions of
    part III of title 5 or section 1342 of title 31.
      (3) Any person who provides assistance to the Commission under
    this subsection shall not be considered, by reason of having
    provided such assistance, a Federal employee.
      (4) Any advisory coordinating committee which furnishes
    assistance to the Commission under this subsection shall not be
    subject to the provisions of the Federal Advisory Committee Act.
    (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 of this
      chapter as the Commission may specify by regulation as
      inapplicable to that service or person. In prescribing or
      amending any such regulation, the Commission may not specify any
      provision of section 201, 202, or 208 of this title, and may
      specify any other provision only if the Commission determines
      that - 
          (i) enforcement of such provision is not necessary in order
        to ensure that the charges, practices, classifications, or
        regulations for or in connection with that service are just and
        reasonable and are not unjustly or unreasonably discriminatory;
          (ii) enforcement of such provision is not necessary for the
        protection of consumers; and
          (iii) specifying such provision is consistent with the public
        interest.

        (B) Upon reasonable request of any person providing commercial
      mobile service, the Commission shall order a common carrier to
      establish physical connections with such service pursuant to the
      provisions of section 201 of this title. Except to the extent
      that the Commission is required to respond to such a request,
      this subparagraph shall not be construed as a limitation or
      expansion of the Commission's authority to order interconnection
      pursuant to this chapter.
        (C) The Commission shall review competitive market conditions
      with respect to commercial mobile services and shall include in
      its annual report an analysis of those conditions. Such analysis
      shall include an identification of the number of competitors in
      various commercial mobile services, an analysis of whether or not
      there is effective competition, an analysis of whether any of
      such competitors have a dominant share of the market for such
      services, and a statement of whether additional providers or
      classes of providers in those services would be likely to enhance
      competition. As a part of making a determination with respect to
      the public interest under subparagraph (A)(iii), the Commission
      shall consider whether the proposed regulation (or amendment
      thereof) will promote competitive market conditions, including
      the extent to which such regulation (or amendment) will enhance
      competition among providers of commercial mobile services. If the
      Commission determines that such regulation (or amendment) will
      promote competition among providers of commercial mobile
      services, such determination may be the basis for a Commission
      finding that such regulation (or amendment) is in the public
      interest.
        (D) The Commission shall, not later than 180 days after August
      10, 1993, complete a rulemaking required to implement this
      paragraph with respect to the licensing of personal
      communications services, including making any determinations
      required by subparagraph (C).
      (2) Non-common carrier treatment of private mobile services
        A person engaged in the provision of a service that is a
      private mobile service shall not, insofar as such person is so
      engaged, be treated as a common carrier for any purpose under
      this chapter. A common carrier (other than a person that was
      treated as a provider of a private land mobile service prior to
      August 10, 1993) shall not provide any dispatch service on any
      frequency allocated for common carrier service, except to the
      extent such dispatch service is provided on stations licensed in
      the domestic public land mobile radio service before January 1,
      1982. The Commission may by regulation terminate, in whole or in
      part, the prohibition contained in the preceding sentence if the
      Commission determines that such termination will serve the public
      interest.
      (3) State preemption
        (A) Notwithstanding sections 152(b) and 221(b) of this title,
      no State or local government shall have any authority to regulate
      the entry of or the rates charged by any commercial mobile
      service or any private mobile service, except that this paragraph
      shall not prohibit a State from regulating the other terms and
      conditions of commercial mobile services. Nothing in this
      subparagraph shall exempt providers of commercial mobile services
      (where such services are a substitute for land line telephone
      exchange service for a substantial portion of the communications
      within such State) from requirements imposed by a State
      commission on all providers of telecommunications services
      necessary to ensure the universal availability of
      telecommunications service at affordable rates. Notwithstanding
      the first sentence of this subparagraph, a State may petition the
      Commission for authority to regulate the rates for any commercial
      mobile service and the Commission shall grant such petition if
      such State demonstrates that - 
          (i) market conditions with respect to such services fail to
        protect subscribers adequately from unjust and unreasonable
        rates or rates that are unjustly or unreasonably
        discriminatory; or
          (ii) such market conditions exist and such service is a
        replacement for land line telephone exchange service for a
        substantial portion of the telephone land line exchange service
        within such State.

      The Commission shall provide reasonable opportunity for public
      comment in response to such petition, and shall, within 9 months
      after the date of its submission, grant or deny such petition. If
      the Commission grants such petition, the Commission shall
      authorize the State to exercise under State law such authority
      over rates, for such periods of time, as the Commission deems
      necessary to ensure that such rates are just and reasonable and
      not unjustly or unreasonably discriminatory.
        (B) If a State has in effect on June 1, 1993, any regulation
      concerning the rates for any commercial mobile service offered in
      such State on such date, such State may, no later than 1 year
      after August 10, 1993, petition the Commission requesting that
      the State be authorized to continue exercising authority over
      such rates. If a State files such a petition, the State's
      existing regulation shall, notwithstanding subparagraph (A),
      remain in effect until the Commission completes all action
      (including any reconsideration) on such petition. The Commission
      shall review such petition in accordance with the procedures
      established in such subparagraph, shall complete all action
      (including any reconsideration) within 12 months after such
      petition is filed, and shall grant such petition if the State
      satisfies the showing required under subparagraph (A)(i) or
      (A)(ii). If the Commission grants such petition, the Commission
      shall authorize the State to exercise under State law such
      authority over rates, for such period of time, as the Commission
      deems necessary to ensure that such rates are just and reasonable
      and not unjustly or unreasonably discriminatory. After a
      reasonable period of time, as determined by the Commission, has
      elapsed from the issuance of an order under subparagraph (A) or
      this subparagraph, any interested party may petition the
      Commission for an order that the exercise of authority by a State
      pursuant to such subparagraph is no longer necessary to ensure
      that the rates for commercial mobile services are just and
      reasonable and not unjustly or unreasonably discriminatory. The
      Commission shall provide reasonable opportunity for public
      comment in response to such petition, and shall, within 9 months
      after the date of its submission, grant or deny such petition in
      whole or in part.
      (4) Regulatory treatment of communications satellite corporation
        Nothing in this subsection shall be construed to alter or
      affect the regulatory treatment required by title IV of the
      Communications Satellite Act of 1962 [47 U.S.C. 741 et seq.] of
      the corporation authorized by title III of such Act [47 U.S.C.
      731 et seq.].
      (5) Space segment capacity
        Nothing in this section shall prohibit the Commission from
      continuing to determine whether the provision of space segment
      capacity by satellite systems to providers of commercial mobile
      services shall be treated as common carriage.
      (6) Foreign ownership
        The Commission, upon a petition for waiver filed within 6
      months after August 10, 1993, may waive the application of
      section 310(b) of this title to any foreign ownership that
      lawfully existed before May 24, 1993, of any provider of a
      private land mobile service that will be treated as a common
      carrier as a result of the enactment of the Omnibus Budget
      Reconciliation Act of 1993, but only upon the following
      conditions:
          (A) The extent of foreign ownership interest shall not be
        increased above the extent which existed on May 24, 1993.
          (B) Such waiver shall not permit the subsequent transfer of
        ownership to any other person in violation of section 310(b) of
        this title.
      (7) Preservation of local zoning authority
        (A) General authority
          Except as provided in this paragraph, nothing in this chapter
        shall limit or affect the authority of a State or local
        government or instrumentality thereof over decisions regarding
        the placement, construction, and modification of personal
        wireless service facilities.
        (B) Limitations
          (i) The regulation of the placement, construction, and
        modification of personal wireless service facilities by any
        State or local government or instrumentality thereof - 
            (I) shall not unreasonably discriminate among providers of
          functionally equivalent services; and
            (II) shall not prohibit or have the effect of prohibiting
          the provision of personal wireless services.

          (ii) A State or local government or instrumentality thereof
        shall act on any request for authorization to place, construct,
        or modify personal wireless service facilities within a
        reasonable period of time after the request is duly filed with
        such government or instrumentality, taking into account the
        nature and scope of such request.
          (iii) Any decision by a State or local government or
        instrumentality thereof to deny a request to place, construct,
        or modify personal wireless service facilities shall be in
        writing and supported by substantial evidence contained in a
        written record.
          (iv) No State or local government or instrumentality thereof
        may regulate the placement, construction, and modification of
        personal wireless service facilities on the basis of the
        environmental effects of radio frequency emissions to the
        extent that such facilities comply with the Commission's
        regulations concerning such emissions.
          (v) Any person adversely affected by any final action or
        failure to act by a State or local government or any
        instrumentality thereof that is inconsistent with this
        subparagraph may, within 30 days after such action or failure
        to act, commence an action in any court of competent
        jurisdiction. The court shall hear and decide such action on an
        expedited basis. Any person adversely affected by an act or
        failure to act by a State or local government or any
        instrumentality thereof that is inconsistent with clause (iv)
        may petition the Commission for relief.
        (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 section 303(v) of this title).
      (8) Mobile services access
        A person engaged in the provision of commercial mobile
      services, insofar as such person is so engaged, shall not be
      required to provide equal access to common carriers for the
      provision of telephone toll services. If the Commission
      determines that subscribers to such services are denied access to
      the provider of telephone toll services of the subscribers'
      choice, and that such denial is contrary to the public interest,
      convenience, and necessity, then the Commission shall prescribe
      regulations to afford subscribers unblocked access to the
      provider of telephone toll services of the subscribers' choice
      through the use of a carrier identification code assigned to such
      provider or other mechanism. The requirements for unblocking
      shall not apply to mobile satellite services unless the
      Commission finds it to be in the public interest to apply such
      requirements to such services.
    (d) Definitions
      For purposes of this section - 
        (1) the term "commercial mobile service" means any mobile
      service (as defined in section 153 of this title) that is
      provided for profit and makes interconnected service available
      (A) to the public or (B) to such classes of eligible users as to
      be effectively available to a substantial portion of the public,
      as specified by regulation by the Commission;
        (2) the term "interconnected service" means service that is
      interconnected with the public switched network (as such terms
      are defined by regulation by the Commission) or service for which
      a request for interconnection is pending pursuant to subsection
      (c)(1)(B) of this section; and
        (3) the term "private mobile service" means any mobile service
      (as defined in section 153 of this title) that is not a
      commercial mobile service or the functional equivalent of a
      commercial mobile service, as specified by regulation by the
      Commission.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 332, formerly Sec. 331, as
    added Pub. L. 97-259, title I, Sec. 120(a), Sept. 13, 1982, 96
    Stat. 1096; renumbered Sec. 332, Pub. L. 102-385, Sec. 25(b), Oct.
    5, 1992, 106 Stat. 1502; amended Pub. L. 103-66, title VI, Sec.
    6002(b)(2)(A), Aug. 10, 1993, 107 Stat. 392; Pub. L. 104-104, Sec.
    3(d)(2), title VII, Secs. 704(a), 705, Feb. 8, 1996, 110 Stat. 61,
    151, 153.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Provisions of part III of title 5, referred to in subsec. (b)(2),
    are classified to section 2101 et seq. of Title 5, Government
    Organization and Employees.
      The Federal Advisory Committee Act, referred to in subsec.
    (b)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
    which is set out in the Appendix to Title 5.
      The Communications Satellite Act of 1962, referred to in subsec.
    (c)(4), is Pub. L. 87-624, Aug. 31, 1962, 76 Stat. 419, as amended.
    Titles III and IV of the Act are classified generally to
    subchapters III (Sec. 731 et seq.) and IV (Sec. 741 et seq.),
    respectively, of chapter 6 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 701 of this title and Tables.
      The Omnibus Budget Reconciliation Act of 1993, referred to in
    subsec. (c)(6), is Pub. L. 103-66, Aug. 10, 1993, 107 Stat. 312, as
    amended. For complete classification of this Act to the Code, see
    Tables.

-COD-
                               CODIFICATION                           
      In subsec. (b)(2), "section 1342 of title 31" substituted for
    "section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c)(7). Pub. L. 104-104, Sec. 704(a), added par.
    (7).
      Subsec. (c)(8). Pub. L. 104-104, Sec. 705, added par. (8).
      Subsec. (d)(1), (3). Pub. L. 104-104, Sec. 3(d)(2), substituted
    "section 153" for "section 153(n)".
      1993 - Pub. L. 103-66 struck out "Private land" before "mobile
    services" in section catchline, struck out "land" before "mobile
    services" wherever appearing in subsecs. (a) and (b), added
    subsecs. (c) and (d), and struck out former subsec. (c) which
    related to service provided by specialized mobile radio, multiple
    licensed radio dispatch systems, and other radio dispatch systems;
    common carriers; and rate or entry regulations.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 6002(c) of Pub. L. 103-66 provided that:
      "(1) In general. - Except as provided in paragraph (2), the
    amendments made by this section [amending this section and sections
    152, 153, and 309 of this title] are effective on the date of
    enactment of this Act [Aug. 10, 1993].
      "(2) Effective dates of mobile service amendments. - The
    amendments made by subsection (b)(2) [amending this section and
    sections 152 and 153 of this title] shall be effective on the date
    of enactment of this Act [Aug. 10, 1993], except that - 
        "(A) section 332(c)(3)(A) of the Communications Act of 1934
      [subsec. (c)(3)(A) of this section], as amended by such
      subsection, shall take effect 1 year after such date of
      enactment; and
        "(B) any private land mobile service provided by any person
      before such date of enactment, and any paging service utilizing
      frequencies allocated as of January 1, 1993, for private land
      mobile services, shall, except for purposes of section 332(c)(6)
      of such Act [subsec. (c)(6) of this section], be treated as a
      private mobile service until 3 years after such date of
      enactment."

                         AVAILABILITY OF PROPERTY                     
      Section 704(c) of Pub. L. 104-104 provided that: "Within 180 days
    of the enactment of this Act [Feb. 8, 1996], the President or his
    designee shall prescribe procedures by which Federal departments
    and agencies may make available on a fair, reasonable, and
    nondiscriminatory basis, property, rights-of-way, and easements
    under their control for the placement of new telecommunications
    services that are dependent, in whole or in part, upon the
    utilization of Federal spectrum rights for the transmission or
    reception of such services. These procedures may establish a
    presumption that requests for the use of property, rights-of-way,
    and easements by duly authorized providers should be granted absent
    unavoidable direct conflict with the department or agency's
    mission, or the current or planned use of the property, rights-of-
    way, and easements in question. Reasonable fees may be charged to
    providers of such telecommunications services for use of property,
    rights-of-way, and easements. The Commission shall provide
    technical support to States to encourage them to make property,
    rights-of-way, and easements under their jurisdiction available for
    such purposes."

           TRANSITIONAL RULEMAKING FOR MOBILE SERVICE PROVIDERS       
      Section 6002(d)(3) of Pub. L. 103-66 provided that: "Within 1
    year after the date of enactment of this Act [Aug. 10, 1993], the
    Federal Communications Commission - 
        "(A) shall issue such modifications or terminations of the
      regulations applicable (before the date of enactment of this Act)
      to private land mobile services as are necessary to implement the
      amendments made by subsection (b)(2) [amending this section and
      sections 152 and 153 of this title];
        "(B) in the regulations that will, after such date of
      enactment, apply to a service that was a private land mobile
      service and that becomes a commercial mobile service (as a
      consequence of such amendments), shall make such other
      modifications or terminations as may be necessary and practical
      to assure that licensees in such service are subjected to
      technical requirements that are comparable to the technical
      requirements that apply to licensees that are providers of
      substantially similar common carrier services;
        "(C) shall issue such other regulations as are necessary to
      implement the amendments made by subsection (b)(2); and
        "(D) shall include, in such regulations, modifications, and
      terminations, such provisions as are necessary to provide for an
      orderly transition."

-End-

-CITE-
    47 USC Sec. 333                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 333. Willful or malicious interference

-STATUTE-
      No person shall willfully or maliciously interfere with or cause
    interference to any radio communications of any station licensed or
    authorized by or under this chapter or operated by the United
    States Government.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 333, as added Pub. L. 101-
    396, Sec. 9, Sept. 28, 1990, 104 Stat. 850.)

-End-

-CITE-
    47 USC Sec. 334                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 334. Limitation on revision of equal employment opportunity
      regulations

-STATUTE-
    (a) Limitation
      Except as specifically provided in this section, the Commission
    shall not revise - 
        (1) the regulations concerning equal employment opportunity as
      in effect on September 1, 1992 (47 C.F.R. 73.2080) as such
      regulations apply to television broadcast station licensees and
      permittees; or
        (2) the forms used by such licensees and permittees to report
      pertinent employment data to the Commission.
    (b) Midterm review
      The Commission shall revise the regulations described in
    subsection (a) of this section to require a midterm review of
    television broadcast station licensees' employment practices and to
    require the Commission to inform such licensees of necessary
    improvements in recruitment practices identified as a consequence
    of such review.
    (c) Authority to make technical revisions
      The Commission may revise the regulations described in subsection
    (a) of this section to make nonsubstantive technical or clerical
    revisions in such regulations as necessary to reflect changes in
    technology, terminology, or Commission organization.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 334, as added Pub. L. 102-
    385, Sec. 22(f), Oct. 5, 1992, 106 Stat. 1499.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 5, 1992, see section 28 of
    Pub. L. 102-385, set out as an Effective Date of 1992 Amendment
    note under section 325 of this title.

-End-

-CITE-
    47 USC Sec. 335                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 335. Direct broadcast satellite service obligations

-STATUTE-
    (a) Proceeding required to review DBS responsibilities
      The Commission shall, within 180 days after October 5, 1992,
    initiate a rulemaking proceeding to impose, on providers of direct
    broadcast satellite service, public interest or other requirements
    for providing video programming. Any regulations prescribed
    pursuant to such rulemaking shall, at a minimum, apply the access
    to broadcast time requirement of section 312(a)(7) of this title
    and the use of facilities requirements of section 315 of this title
    to providers of direct broadcast satellite service providing video
    programming. Such proceeding also shall examine the opportunities
    that the establishment of direct broadcast satellite service
    provides for the principle of localism under this chapter, and the
    methods by which such principle may be served through technological
    and other developments in, or regulation of, such service.
    (b) Carriage obligations for noncommercial, educational, and
      informational programming
      (1) Channel capacity required
        The Commission shall require, as a condition of any provision,
      initial authorization, or authorization renewal for a provider of
      direct broadcast satellite service providing video programming,
      that the provider of such service reserve a portion of its
      channel capacity, equal to not less than 4 percent nor more than
      7 percent, exclusively for noncommercial programming of an
      educational or informational nature.
      (2) Use of unused channel capacity
        A provider of such service may utilize for any purpose any
      unused channel capacity required to be reserved under this
      subsection pending the actual use of such channel capacity for
      noncommercial programming of an educational or informational
      nature.
      (3) Prices, terms, and conditions; editorial control
        A provider of direct broadcast satellite service shall meet the
      requirements of this subsection by making channel capacity
      available to national educational programming suppliers, upon
      reasonable prices, terms, and conditions, as determined by the
      Commission under paragraph (4). The provider of direct broadcast
      satellite service shall not exercise any editorial control over
      any video programming provided pursuant to this subsection.
      (4) Limitations
        In determining reasonable prices under paragraph (3) - 
          (A) the Commission shall take into account the nonprofit
        character of the programming provider and any Federal funds
        used to support such programming;
          (B) the Commission shall not permit such prices to exceed,
        for any channel made available under this subsection, 50
        percent of the total direct costs of making such channel
        available; and
          (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.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 335, as added Pub. L. 102-
    385, Sec. 25(a), Oct. 5, 1992, 106 Stat. 1501.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 5, 1992, see section 28 of
    Pub. L. 102-385, set out as an Effective Date of 1992 Amendment
    note under section 325 of this title.

-End-

-CITE-
    47 USC Sec. 336                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 336. Broadcast spectrum flexibility

-STATUTE-
    (a) Commission action
      If the Commission determines to issue additional licenses for
    advanced television services, the Commission - 
        (1) should limit the initial eligibility for such licenses to
      persons that, as of the date of such issuance, are licensed to
      operate a television broadcast station or hold a permit to
      construct such a station (or both); and
        (2) shall adopt regulations that allow the holders of such
      licenses to offer such ancillary or supplementary services on
      designated frequencies as may be consistent with the public
      interest, convenience, and necessity.
    (b) Contents of regulations
      In prescribing the regulations required by subsection (a) of this
    section, the Commission shall - 
        (1) only permit such licensee or permittee to offer ancillary
      or supplementary services if the use of a designated frequency
      for such services is consistent with the technology or method
      designated by the Commission for the provision of advanced
      television services;
        (2) limit the broadcasting of ancillary or supplementary
      services on designated frequencies so as to avoid derogation of
      any advanced television services, including high definition
      television broadcasts, that the Commission may require using such
      frequencies;
        (3) apply to any other ancillary or supplementary service such
      of the Commission's regulations as are applicable to the offering
      of analogous services by any other person, except that no
      ancillary or supplementary service shall have any rights to
      carriage under section 534 or 535 of this title or be deemed a
      multichannel video programming distributor for purposes of
      section 548 of this title;
        (4) adopt such technical and other requirements as may be
      necessary or appropriate to assure the quality of the signal used
      to provide advanced television services, and may adopt
      regulations that stipulate the minimum number of hours per day
      that such signal must be transmitted; and
        (5) prescribe such other regulations as may be necessary for
      the protection of the public interest, convenience, and
      necessity.
    (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) of
      this section permit a licensee to offer ancillary or
      supplementary services on a designated frequency - 
          (A) for which the payment of a subscription fee is required
        in order to receive such services, or
          (B) for which the licensee directly or indirectly receives
        compensation from a third party in return for transmitting
        material furnished by such third party (other than commercial
        advertisements used to support broadcasting for which a
        subscription fee is not required),

      the Commission shall establish a program to assess and collect
      from the licensee for such designated frequency an annual fee or
      other schedule or method of payment that promotes the objectives
      described in subparagraphs (A) and (B) of paragraph (2).
      (2) Collection of fees
        The program required by paragraph (1) shall - 
          (A) be designed (i) to recover for the public a portion of
        the value of the public spectrum resource made available for
        such commercial use, and (ii) to avoid unjust enrichment
        through the method employed to permit such uses of that
        resource;
          (B) recover for the public an amount that, to the extent
        feasible, equals but does not exceed (over the term of the
        license) the amount that would have been recovered had such
        services been licensed pursuant to the provisions of section
        309(j) of this title and the Commission's regulations
        thereunder; and
          (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 chapter 33 of
        title 31.
        (B) Retention of revenues
          Notwithstanding subparagraph (A), the salaries and expenses
        account of the Commission shall retain as an offsetting
        collection such sums as may be necessary from such proceeds for
        the costs of developing and implementing the program required
        by this section and regulating and supervising advanced
        television services. Such offsetting collections shall be
        available for obligation subject to the terms and conditions of
        the receiving appropriations account, and shall be deposited in
        such accounts on a quarterly basis.
      (4) Report
        Within 5 years after February 8, 1996, the Commission shall
      report to the Congress on the implementation of the program
      required by this subsection, and shall annually thereafter advise
      the Congress on the amounts collected pursuant to such program.
    (f) Preservation of low-power community television broadcasting
      (1) Creation of class A licenses
        (A) Rulemaking required
          Within 120 days after November 29, 1999, the Commission shall
        prescribe regulations to establish a class A television license
        to be available to licensees of qualifying low-power television
        stations. Such regulations shall provide that - 
            (i) the license shall be subject to the same license terms
          and renewal standards as the licenses for full-power
          television stations except as provided in this subsection;
          and
            (ii) each such class A licensee shall be accorded primary
          status as a television broadcaster as long as the station
          continues to meet the requirements for a qualifying low-power
          station in paragraph (2).
        (B) Notice to and certification by licensees
          Within 30 days after November 29, 1999, the Commission shall
        send a notice to the licensees of all low-power television
        licenses that describes the requirements for class A
        designation. Within 60 days after November 29, 1999, licensees
        intending to seek class A designation shall submit to the
        Commission a certification of eligibility based on the
        qualification requirements of this subsection. Absent a
        material deficiency, the Commission shall grant certification
        of eligibility to apply for class A status.
        (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
      section 337 of this title.
      (6) Interim qualification
        (A) Stations operating within certain bandwidth
          The Commission may not grant a class A license to a low-power
        television station for operation between 698 and 806 megahertz,
        but the Commission shall provide to low-power television
        stations assigned to and temporarily operating in that
        bandwidth the opportunity to meet the qualification
        requirements for a class A license. If such a qualified
        applicant for a class A license is assigned a channel within
        the core spectrum (as such term is defined in MM Docket No. 87-
        286, February 17, 1998), the Commission shall issue a class A
        license simultaneously with the assignment of such channel.
        (B) Certain channels off-limits
          The Commission may not grant under this subsection a class A
        license to a low-power television station operating on a
        channel within the core spectrum that includes any of the 175
        additional channels referenced in paragraph 45 of its February
        23, 1998, Memorandum Opinion and Order on Reconsideration of
        the Sixth Report and Order (MM Docket No. 87-268). Within 18
        months after November 29, 1999, the Commission shall identify
        by channel, location, and applicable technical parameters those
        175 channels.
      (7) No interference requirement
        The Commission may not grant a class A license, nor approve a
      modification of a class A license, unless the applicant or
      licensee shows that the class A station for which the license or
      modification is sought will not cause - 
          (A) interference within - 
            (i) the predicted Grade B contour (as of the date of the
          enactment of the Community Broadcasters Protection Act of
          1999 [November 29, 1999], or November 1, 1999, whichever is
          later, or as proposed in a change application filed on or
          before such date) of any television station transmitting in
          analog format; or
            (ii)(I) the digital television service areas provided in
          the DTV Table of Allotments; (II) the areas protected in the
          Commission's digital television regulations (47 CFR 73.622(e)
          and (f)); (III) the digital television service areas of
          stations subsequently granted by the Commission prior to the
          filing of a class A application; and (IV) stations seeking to
          maximize power under the Commission's rules, if such station
          has complied with the notification requirements in paragraph
          (1)(D);

          (B) interference within the protected contour of any low-
        power television station or low-power television translator
        station that - 
            (i) was licensed prior to the date on which the application
          for a class A license, or for the modification of such a
          license, was filed;
            (ii) was authorized by construction permit prior to such
          date; or
            (iii) had a pending application that was submitted prior to
          such date; or

          (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 section 553 of title 5,
    the Commission shall promulgate regulations establishing the
    procedures, consistent with the requirements of paragraphs (4) and
    (5), governing the pilot projects for the provision of digital data
    services by certain low power television licensees within 120 days
    after the date of enactment of LPTV Digital Data Services Act.(!1)
    The regulations shall set forth - 

        (A) requirements as to the form, manner, and information
      required for submitting requests to the Commission to provide
      digital data service as a pilot project;
        (B) procedures for testing interference to digital television
      receivers caused by any pilot project station or remote
      transmitter;
        (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 chapter 33 of title
    31.
      (7) In this subsection, the term "digital data service" includes -
     
        (A) digitally-based interactive broadcast service; and
        (B) wireless Internet access, without regard to - 
          (i) whether such access is - 
            (I) provided on a one-way or a two-way basis;
            (II) portable or fixed; or
            (III) connected to the Internet via a band allocated to
          Interactive Video and Data Service; and

          (ii) the technology employed in delivering such service,
        including the delivery of such service via multiple
        transmitters at multiple locations.

      (8) Nothing in this subsection limits the authority of the
    Commission under any other provision of law.
    (i) Definitions
      As used in this section:
      (1) Advanced television services
        The term "advanced television services" means television
      services provided using digital or other advanced technology as
      further defined in the opinion, report, and order of the
      Commission entitled "Advanced Television Systems and Their Impact
      Upon the Existing Television Broadcast Service", MM Docket 87-
      268, adopted September 17, 1992, and successor proceedings.
      (2) Designated frequencies
        The term "designated frequency" means each of the frequencies
      designated by the Commission for licenses for advanced television
      services.
      (3) High definition television
        The term "high definition television" refers to systems that
      offer approximately twice the vertical and horizontal resolution
      of receivers generally available on February 8, 1996, as further
      defined in the proceedings described in paragraph (1) of this
      subsection.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 336, as added Pub. L. 104-
    104, title II, Sec. 201, Feb. 8, 1996, 110 Stat. 107; Pub. L. 106-
    113, div. B, Sec. 1000(a)(9) [title V, Sec. 5008(c)], Nov. 29,
    1999, 113 Stat. 1536, 1501A-595; Pub. L. 106-554, Sec. 1(a)(4)
    [div. B, title I, Sec. 143(a)], Dec. 21, 2000, 114 Stat. 2763,
    2763A-235.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of LPTV Digital Data Services Act, referred
    to in subsec. (h)(3), probably means the date of enactment of Pub.
    L. 106-554, which enacted subsec. (h) of this section, and which
    was approved Dec. 21, 2000. There is no public law with that short
    title.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsecs. (h), (i). Pub. L. 106-554 added subsec. (h) and
    redesignated former subsec. (h) as (i).
      1999 - Subsecs. (f) to (h). Pub. L. 106-113 added subsec. (f) and
    redesignated former subsecs. (f) and (g) as (g) and (h),
    respectively.

                     TRANSITION TO DIGITAL TELEVISION                 
      Pub. L. 107-188, title V, Sec. 531, June 12, 2002, 116 Stat. 695,
    provided that:
      "(a) Pair Assignment Required. - In order to further promote the
    orderly transition to digital television, and to promote the
    equitable allocation and use of digital channels by television
    broadcast permittees and licensees, the Federal Communications
    Commission, at the request of an eligible licensee or permittee,
    shall, within 90 days after the date of enactment of this Act [June
    12, 2002], allot, if necessary, and assign a paired digital
    television channel to that licensee or permittee, provided that - 
        "(1) such channel can be allotted and assigned without further
      modification of the tables of allotments as set forth in sections
      73.606 and 73.622 of the Commission's regulations (47 CFR 73.606,
      73.622); and
        "(2) such allotment and assignment is otherwise consistent with
      the Commission's rules (47 CFR part 73).
      "(b) Eligible Transition Licensee or Permittee. - For purposes of
    subsection (a), the term 'eligible licensee or permittee' means
    only a full power television broadcast licensee or permittee (or
    its successor in interest) that - 
        "(1) had an application pending for an analog television
      station construction permit as of October 24, 1991, which
      application was granted after April 3, 1997; and
        "(2) as of the date of enactment of this Act [June 12, 2002],
      is the permittee or licensee of that station.
      "(c) Requirements on Licensee or Permittee. - 
        "(1) Construction deadline. - Any licensee or permittee
      receiving a paired digital channel pursuant to this section - 
          "(A) shall be required to construct the digital television
        broadcast facility within 18 months of the date on which the
        Federal Communications Commission issues a construction permit
        therefore, and
          "(B) shall be prohibited from obtaining or receiving an
        extension of time from the Commission beyond the construction
        deadline established by paragraph (1).
        "(2) Prohibition of analog operation using digital pair. - Any
      licensee or permittee receiving a paired digital channel pursuant
      to this section shall be prohibited from giving up its current
      paired analog assignment and becoming a single-channel
      broadcaster and operating in analog on such paired digital
      channel.
      "(d) Relief Restricted. - Any paired digital allotment and
    assignment made under this section shall not be available to any
    other applicant unless such applicant is an eligible licensee or
    permittee within the meaning of subsection (b)."

         REPORTS ON PROVISION OF DIGITAL DATA SERVICE BY LOW-POWER
                            TELEVISION STATIONS
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 143(b)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-238, provided that: "The
    Federal Communications Commission shall submit a report to the
    Congress on June 30, 2001, and June 30, 2002, evaluating the
    utility of using low-power television stations to provide high-
    speed digital data service. The reports shall be based on the
    pilot projects authorized by section 336(h) of the Communications
    Act of 1934 (47 U.S.C. 336(h))."

          CONGRESSIONAL FINDINGS REGARDING LOW-POWER BROADCASTERS      
      Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5008(b)],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-594, provided that: "Congress
    finds the following:
        "(1) Since the creation of low-power television licenses by the
      Federal Communications Commission, a small number of license
      holders have operated their stations in a manner beneficial to
      the public good providing broadcasting to their communities that
      would not otherwise be available.
        "(2) These low-power broadcasters have operated their stations
      in a manner consistent with the programming objectives and hours
      of operation of full-power broadcasters providing worthwhile
      services to their respective communities while under severe
      license limitations compared to their full-power counterparts.
        "(3) License limitations, particularly the temporary nature of
      the license, have blocked many low-power broadcasters from having
      access to capital, and have severely hampered their ability to
      continue to provide quality broadcasting, programming, or
      improvements.
        "(4) The passage of the Telecommunications Act of 1996 [Pub. L.
      104-104, see Short Title of 1996 Amendment note set out under
      section 609 of this title] has added to the uncertainty of the
      future status of these stations by the lack of specific
      provisions regarding the permanency of their licenses, or their
      treatment during the transition to high definition, digital
      television.
        "(5) It is in the public interest to promote diversity in
      television programming such as that currently provided by low-
      power television stations to foreign-language communities."

-EXEC-
                         EXECUTIVE ORDER NO. 13038                     
      Ex. Ord. No. 13038, Mar. 11, 1997, 62 F.R. 12065, as amended by
    Ex. Ord. No. 13062, Sec. 5, Sept. 29, 1997, 62 F.R. 51756; Ex. Ord.
    No. 13065, Oct. 22, 1997, 62 F.R. 55329; Ex. Ord. No. 13081, Apr.
    30, 1998, 63 F.R. 24385; Ex. Ord. No. 13102, Sept. 25, 1998, 63
    F.R. 52125, which established the Advisory Committee on the Public
    Interest Obligations of Digital Television Broadcasters, was
    revoked by Ex. Ord. No. 13138, Sec. 3(b), Sept. 30, 1999, 64 F.R.
    53880, formerly set out as a note under section 14 of the Federal
    Advisory Committee Act in the Appendix to Title 5, Government
    Organization and Employees.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    47 USC Sec. 337                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 337. Allocation and assignment of new public safety services
      licenses and commercial licenses

-STATUTE-
    (a) In general
      Not later than January 1, 1998, the Commission shall allocate the
    electromagnetic spectrum between 746 megahertz and 806 megahertz,
    inclusive, as follows:
        (1) 24 megahertz of that spectrum for public safety services
      according to the terms and conditions established by the
      Commission, in consultation with the Secretary of Commerce and
      the Attorney General; and
        (2) 36 megahertz of that spectrum for commercial use to be
      assigned by competitive bidding pursuant to section 309(j) of
      this title.
    (b) Assignment
      The Commission shall commence assignment of licenses for public
    safety services created pursuant to subsection (a) of this section
    no later than September 30, 1998.
    (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) of this section shall not be subject to harmful
      interference from television broadcast licensees.
    (e) Removal and relocation of incumbent broadcast licensees
      (1) Channels 60 to 69
        Any person who holds a television broadcast license to operate
      between 746 and 806 megahertz may not operate at that frequency
      after the date on which the digital television service transition
      period terminates, as determined by the Commission.
      (2) Incumbent qualifying low-power stations
        After making any allocation or assignment under this section,
      the Commission shall seek to assure, consistent with the
      Commission's plan for allotments for digital television service,
      that each qualifying low-power television station is assigned a
      frequency below 746 megahertz to permit the continued operation
      of such station.
    (f) Definitions
      For purposes of this section:
      (1) Public safety services
        The term "public safety services" means services - 
          (A) the sole or principal purpose of which is to protect the
        safety of life, health, or property;
          (B) that are provided - 
            (i) by State or local government entities; or
            (ii) by nongovernmental organizations that are authorized
          by a governmental entity whose primary mission is the
          provision of such services; and

          (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.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 337, as added Pub. L. 105-
    33, title III, Sec. 3004, Aug. 5, 1997, 111 Stat. 266; amended
    Pub. L. 106-79, title VIII, Sec. 8124(a), Oct. 25, 1999, 113 Stat.
    1262; Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec.
    213(a)(1), (d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-295, 1501A-
    297.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(5) [title II,
    Sec. 213(a)(1)], substituted "The Commission shall commence
    assignment of licenses for public safety services created pursuant
    to subsection (a) of this section no later than September 30,
    1998." for "The Commission shall - 
        "(1) commence assignment of the licenses for public safety
      services created pursuant to subsection (a) of this section no
      later than September 30, 1998; and".
      Subsec. (b)(2). Pub. L. 106-79, which struck out par. (2) reading
    "commence competitive bidding for the commercial licenses created
    pursuant to subsection (a) of this section after January 1, 2001.",
    was repealed by Pub. L. 106-113, Sec. 1000(a)(5) [title II, Sec.
    213(d)].

                          INTERFERENCE PROTECTION                      
      Pub. L. 107-195, Sec. 6, June 19, 2002, 116 Stat. 717, provided
    that:
      "(a) Interference Waivers. - In granting a request by a
    television broadcast station licensee assigned to any of channels
    52-69 to utilize any channel of channels 2-51 that is assigned for
    digital broadcasting in order to continue analog broadcasting
    during the transition to digital broadcasting, the Federal
    Communications Commission may not, either at the time of the grant
    or thereafter, waive or otherwise reduce - 
        "(1) the spacing requirements provided for analog broadcasting
      licensees within channels 2-51 as required by section 73.610 of
      the Commission's rules (and the table contained therein) (47 CFR
      73.610), or
        "(2) the interference standards provided for digital
      broadcasting licensees within channels 2-51 as required by
      sections 73.622 and 73.623 of such rules (47 CFR 73.622, 73.623),
    if such waiver or reduction will result in any degradation in or
    loss of service, or an increased level of interference, to any
    television household except as the Commission's rules would
    otherwise expressly permit, exclusive of any waivers previously
    granted.
      "(b) Exception for Public Safety Channel Clearing. - The
    restrictions in subsection (a) shall not apply to a station
    licensee that is seeking authority (either by waiver or otherwise)
    to vacate the frequencies that constitute television channel 63,
    64, 68, or 69 in order to make such frequencies available for
    public safety purposes pursuant to the provisions of section 337 of
    the Communications Act of 1934 (47 U.S.C. 337)."

     COMPETITIVE BIDDING PROCESS FOR COMMERCIAL LICENSES FOR ASSIGNED
                                FREQUENCIES
      Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec. 213],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-295, as amended by Pub. L. 107-
    195, Sec. 3(b)(3), June 19, 2002, 116 Stat. 717, provided that:
      "(a) Revised Schedule for Competitive Bidding of Spectrum. - (1)
    [Amended subsec. (b) of this section.]
      "[(2), (3) Repealed. Pub. L. 107-195, Sec. 3(b)(3), June 19,
    2002, 116 Stat. 717.]
      "(4)(A) To expedite the assignment by competitive bidding of the
    frequencies identified in section 337(a)(2) of the Communications
    Act of 1934 (47 U.S.C. 337(a)(2)), the rules governing such
    frequencies shall be effective immediately upon publication in the
    Federal Register without regard to sections 553(d), 801(a)(3),
    804(2), and 806(a) of title 5, United States Code.
      "(B) Chapter 6 of title 5, United States Code, section 3 of the
    Small Business Act (15 U.S.C. 632), and sections 3507 and 3512 of
    title 44, United States Code, shall not apply to the rules and
    competitive bidding procedures governing the frequencies described
    in subparagraph (A).
      "(5) Notwithstanding section 309(b) of the Communications Act of
    1934 (47 U.S.C. 309(b)), no application for an instrument of
    authorization for the frequencies described in paragraph (4) may be
    granted by the Federal Communications Commission earlier than 7
    days following issuance of public notice by the Commission of the
    acceptance for filing of such application or of any substantial
    amendment thereto.
      "(6) Notwithstanding section 309(d)(1) of the Communications Act
    of 1934 (47 U.S.C. 309(d)(1)), the Federal Communications
    Commission may specify a period (which shall be not less than 5
    days following issuance of the public notice described in paragraph
    (5)) for the filing of petitions to deny any application for an
    instrument of authorization for the frequencies described in
    paragraph (4).
      "(b) Reports. - (1) Not later than 30 days after the date of the
    enactment of this Act [Nov. 29, 1999], the Director of the Office
    of Management and Budget and the Federal Communications Commission
    shall each submit to the appropriate congressional committees a
    report which shall - 
        "(A) set forth the anticipated schedule (including specific
      dates) for - 
          "(i) preparing and conducting the competitive bidding process
        required by subsection (a); and
          "(ii) depositing the receipts of the competitive bidding
        process;
        "(B) set forth each significant milestone in the rulemaking
      process with respect to the competitive bidding process; and
        "(C) include an explanation of the effect of each requirement
      in subsection (a) on the schedule for the competitive bidding
      process and any post-bidding activities (including the deposit of
      receipts) when compared with the schedule for the competitive
      bidding and any post-bidding activities (including the deposit of
      receipts) that would otherwise have occurred under section
      337(b)(2) of the Communications Act of 1934 (47 U.S.C. 337(b)(2))
      if not for the enactment of subsection (a).
      "(2) Not later than 60 days after the date of the enactment of
    this Act [Nov. 29, 1999], the Federal Communications Commission
    shall submit to the appropriate congressional committees a report
    which shall set forth for each spectrum auction held by the
    Commission since January 1, 1998, information on - 
        "(A) the time required for each stage of preparation for the
      auction;
        "(B) the date of the commencement and of the completion of the
      auction;
        "(C) the time which elapsed between the date of the completion
      of the auction and the date of the first deposit of receipts from
      the auction in the Treasury; and
        "(D) the amounts, summarized by month, of all subsequent
      deposits in a Treasury receipt account from the auction.
      "(3) Not later than October 31, 2000, the Federal Communications
    Commission shall submit to the appropriate congressional committees
    a report which shall - 
        "(A) describe the course of the competitive bidding process
      required by subsection (a) through September 30, 2000, including
      the amount of any receipts from the competitive bidding process
      deposited in the Treasury as of September 30, 2000; and
        "(B) if the course of the competitive bidding process has
      included any deviations from the schedule set forth under
      paragraph (1)(A), an explanation for such deviations from the
      schedule.
      "(4) Each report required by this subsection shall be prepared by
    the agency concerned without influence of any other Federal
    department or agency.
      "(5) In this subsection, the term "appropriate congressional
    committees" means the following:
        "(A) The Committees on Appropriations, the Budget, and
      Commerce, Science, and Transportation of the Senate.
        "(B) The Committees on Appropriations, the Budget, and Commerce
      of the House of Representatives.
      "(c) Construction. - Nothing in this section shall be construed
    to supersede the requirements placed on the Federal Communications
    Commission by section 337(d)(4) of the Communications Act of 1934
    (47 U.S.C. 337(d)(4)).
      "(d) Repeal of Superseded Provisions. - Section 8124 of the
    Department of Defense Appropriations Act, 2000 [Pub. L. 106-79,
    amending this section and enacting provisions formerly set out
    under this section] is repealed."
      Pub. L. 106-79, title VIII, Sec. 8124, Oct. 25, 1999, 113 Stat.
    1262, related to the establishment of a competitive bidding process
    for commercial licenses and required reports to Congressional
    committees, prior to repeal by Pub. L. 106-113, div. B, Sec.
    1000(a)(5) [title II, Sec. 213(d)], Nov. 29, 1999, 113 Stat. 1536,
    1501A-297.

-End-

-CITE-
    47 USC Sec. 338                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 338. Carriage of local television signals by satellite
      carriers

-STATUTE-
    (a) Carriage obligations
      (1) In general
        Each satellite carrier providing, under section 122 of title
      17, secondary transmissions to subscribers located within the
      local market of a television broadcast station of a primary
      transmission made by that station shall carry upon request the
      signals of all television broadcast stations located within that
      local market, subject to section 325(b) of this title.
      (2) Remedies for failure to carry
        In addition to the remedies available to television broadcast
      stations under section 501(f) of title 17, the Commission may use
      the Commission's authority under this chapter to assure
      compliance with the obligations of this subsection, but in no
      instance shall a Commission enforcement proceeding be required as
      a predicate to the pursuit of a remedy available under such
      section 501(f).
      (3) (!1) Low power station carriage optional

        No low power television station whose signals are provided
      under section 119(a)(14) 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.
      (3) (!1) Effective date
        No satellite carrier shall be required to carry local
      television broadcast stations under paragraph (1) until January
      1, 2002.
      (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 section
      325(b) of this title, which shall take into account the schedule
      on which local television stations are made available to viewers
      in such State.
    (b) Good signal required
      (1) Costs
        A television broadcast station asserting its right to carriage
      under subsection (a) of this section shall be required to bear
      the costs associated with delivering a good quality signal to the
      designated local receive facility of the satellite carrier or to
      another facility that is acceptable to at least one-half the
      stations asserting the right to carriage in the local market.
      (2) Regulations
        The regulations issued under subsection (g) of this section
      shall set forth the obligations necessary to carry out this
      subsection.
    (c) Duplication not required
      (1) Commercial stations
        Notwithstanding subsection (a)(1) of this section, a satellite
      carrier shall not be required to carry upon request the signal of
      any local commercial television broadcast station that
      substantially duplicates the signal of another local commercial
      television broadcast station which is secondarily transmitted by
      the satellite carrier within the same local market, or to carry
      upon request the signals of more than one local commercial
      television broadcast station in a single local market that is
      affiliated with a particular television network unless such
      stations are licensed to communities in different States.
      (2) Noncommercial stations
        The Commission shall prescribe regulations limiting the
      carriage requirements under subsection (a) of this section of
      satellite carriers with respect to the carriage of multiple local
      noncommercial television broadcast stations. To the extent
      possible, such regulations shall provide the same degree of
      carriage by satellite carriers of such multiple stations as is
      provided by cable systems under section 535 of this title.
    (d) Channel positioning
      No satellite carrier shall be required to provide the signal of a
    local television broadcast station to subscribers in that station's
    local market on any particular channel number or to provide the
    signals in any particular order, except that the satellite carrier
    shall retransmit the signal of the local television broadcast
    stations to subscribers in the stations' local market on contiguous
    channels and provide access to such station's signals at a
    nondiscriminatory price and in a nondiscriminatory manner on any
    navigational device, on-screen program guide, or menu.
    (e) Compensation for carriage
      A satellite carrier shall not accept or request monetary payment
    or other valuable consideration in exchange either for carriage of
    local television broadcast stations in fulfillment of the
    requirements of this section or for channel positioning rights
    provided to such stations under this section, except that any such
    station may be required to bear the costs associated with
    delivering a good quality signal to the local receive facility of
    the satellite carrier.
    (f) Remedies
      (1) Complaints by broadcast stations
        Whenever a local television broadcast station believes that a
      satellite carrier has failed to meet its obligations under
      subsections (b) through (e) of this section, such station shall
      notify the carrier, in writing, of the alleged failure and
      identify its reasons for believing that the satellite carrier
      failed to comply with such obligations. The satellite carrier
      shall, within 30 days after such written notification, respond in
      writing to such notification and comply with such obligations or
      state its reasons for believing that it is in compliance with
      such obligations. A local television broadcast station that
      disputes a response by a satellite carrier that it is in
      compliance with such obligations may obtain review of such denial
      or response by filing a complaint with the Commission. Such
      complaint shall allege the manner in which such satellite carrier
      has failed to meet its obligations and the basis for such
      allegations.
      (2) Opportunity to respond
        The Commission shall afford the satellite carrier against which
      a complaint is filed under paragraph (1) an opportunity to
      present data and arguments to establish that there has been no
      failure to meet its obligations under this section.
      (3) Remedial actions; dismissal
        Within 120 days after the date a complaint is filed under
      paragraph (1), the Commission shall determine whether the
      satellite carrier has met its obligations under subsections (b)
      through (e) of this section. If the Commission determines that
      the satellite carrier has failed to meet such obligations, the
      Commission shall order the satellite carrier to take appropriate
      remedial action. If the Commission determines that the satellite
      carrier has fully met the requirements of such subsections, the
      Commission shall dismiss the complaint.
    (g) Carriage of local stations on a single dish
      (1) Single dish
        Each satellite carrier that retransmits the analog signals of
      local television broadcast stations in a local market shall
      retransmit such analog signals in such market by means of a
      single reception antenna and associated equipment.
      (2) Exception
        If the carrier retransmits signals in the digital television
      service, the carrier shall retransmit such digital signals in
      such market 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 for analog television service signals.
      (3) Effective date
        The requirements of paragraphs (1) and (2) of this subsection
      shall apply on and after 18 months after December 8, 2004.
      (4) Notice of disruptions
        A carrier that is providing signals of a local television
      broadcast station in a local market under this section on
      December 8, 2004, shall, not later than 15 months after December
      8, 2004, provide to the licensees for such stations and the
      carrier's subscribers in such local market a notice that displays
      prominently and conspicuously a clear statement of - 
          (A) any reallocation of signals between different reception
        antennas and associated equipment that the carrier intends to
        make in order to comply with the requirements of this
        subsection;
          (B) the need, if any, for subscribers to obtain an additional
        reception antenna and associated equipment to receive such
        signals; and
          (C) any cessation of carriage or other material change in the
        carriage of signals as a consequence of the requirements of
        this paragraph.
    (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) section 339(a)(2)(A) of this title
      shall - 

          (A) within 60 days after the local signal of a network
        station of the same television network is available pursuant to
        section 338 of this title, or within 60 days after December 8,
        2004, whichever is later, send a notice to the subscriber - 
            (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 section
          325(b) of this title;
            (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 section
          325 of this title.
        (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 chapter
          119, 121, or 206 of title 18, except that such disclosure
          shall not include records revealing satellite subscriber
          selection of video programming from a satellite carrier.
      (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) Local receive facility
        The term "local receive facility" means the reception point in
      each local market which a satellite carrier designates for
      delivery of the signal of the station for purposes of
      retransmission.
      (3) Local market
        The term "local market" has the meaning given that term under
      section 122(j) of title 17.
      (4) 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.
      (5) Satellite carrier
        The term "satellite carrier" has the meaning given such term
      under section 119(d) of title 17.
      (6) Secondary transmission
        The term "secondary transmission" has the meaning given such
      term in section 119(d) of title 17.
      (7) Subscriber
        The term "subscriber" has the meaning given that term under
      section 122(j) of title 17.
      (8) Television broadcast station
        The term "television broadcast station" has the meaning given
      such term in section 325(b)(7) of this title.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 338, as added Pub. L. 106-
    113, div. B, Sec. 1000(a)(9) [title I, Sec. 1008(a)], Nov. 29,
    1999, 113 Stat. 1536, 1501A-531; amended Pub. L. 108-447, div. J,
    title IX [title II, Secs. 203, 205, 206(a), 210], Dec. 8, 2004, 118
    Stat. 3414, 3424, 3425, 3429.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      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 Pub.
    L. 108-447, set out as an Effective Date of 2004 Amendment note
    below.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1) to (3). Pub. L. 108-447, Sec. 203(b)(1),
    added pars. (1) and (2) and the par. (3) relating to low power
    station carriage and struck out former pars. (1) and (2) which
    required each satellite carrier providing secondary transmissions
    within the local market of a television broadcast station of a
    primary transmission made by that station to carry upon request the
    signals of all television broadcast stations within that local
    market and provided for remedies for failure to carry.
      Subsec. (a)(4). Pub. L. 108-447, Sec. 210, added par. (4).
      Subsec. (c)(1). Pub. L. 108-447, Sec. 203(b)(2), substituted
    "subsection (a)(1)" for "subsection (a)".
      Subsecs. (g), (h). Pub. L. 108-447, Secs. 203(a)(2), 205, added
    subsecs. (g) and (h). Former subsecs. (g) and (h) redesignated (j)
    and (k), respectively.
      Subsec. (i). Pub. L. 108-447, Sec. 206(a), added subsec. (i).
      Subsec. (j). Pub. L. 108-447, Sec. 203(a)(1), redesignated
    subsec. (g) as (j).
      Subsec. (k). Pub. L. 108-447, Sec. 203(a)(1), redesignated
    subsec. (h) as (k).
      Subsec. (k)(4) to (8). Pub. L. 108-447, Sec. 203(b)(3), added
    par. (4) and redesignated former pars. (4) to (7) as (5) to (8),
    respectively.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-447, div. J, title IX [title II, Sec. 206(b)], Dec.
    8, 2004, 118 Stat. 3428, provided that: "Section 338(i) of the
    Communications Act of 1934 (47 U.S.C. 338(i)) as amended by
    subsection (a) of this section shall be effective 60 days after the
    date of enactment of this Act [Dec. 8, 2004]."

                      RURAL LOCAL TELEVISION SIGNALS                  
      Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title II], Nov. 29,
    1999, 113 Stat. 1536, 1501A-544, provided that:

      "SEC. 2001. SHORT TITLE.
      "This title may be cited as the 'Rural Local Broadcast Signal
    Act'.

      "SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED
        MARKETS.
      "(a) In General. - Not later than 1 year after the date of the
    enactment of this Act [Nov. 29, 1999], the Federal Communications
    Commission ('the Commission') shall take all actions necessary to
    make a determination regarding licenses or other authorizations for
    facilities that will utilize, for delivering local broadcast
    television station signals to satellite television subscribers in
    unserved and underserved local television markets, spectrum
    otherwise allocated to commercial use.
      "(b) Rules. - 
        "(1) Form of business. - To the extent not inconsistent with
      the Communications Act of 1934 [47 U.S.C. 151 et seq.] and the
      Commission's rules, the Commission shall permit applicants under
      subsection (a) to engage in partnerships, joint ventures, and
      similar operating arrangements for the purpose of carrying out
      subsection (a).
        "(2) Harmful interference. - The Commission shall ensure that
      no facility licensed or authorized under subsection (a) causes
      harmful interference to the primary users of that spectrum or to
      public safety spectrum use.
        "(3) Limitation on commission. - Except as provided in
      paragraphs (1) and (2), the Commission may not restrict any
      entity granted a license or other authorization under subsection
      (a) from using any reasonable compression, reformatting, or other
      technology.
      "(c) Report. - Not later than January 1, 2001, the Commission
    shall report to the Agriculture, Appropriations, and the Judiciary
    Committees of the Senate and the House of Representatives, the
    Senate Committee on Commerce, Science, and Transportation, and the
    House of Representatives Committee on Commerce [now Committee on
    Energy and Commerce], on the extent to which licenses and other
    authorizations under subsection (a) have facilitated the delivery
    of local signals to satellite television subscribers in unserved
    and underserved local television markets. The report shall include -
     
        "(1) an analysis of the extent to which local signals are being
      provided by direct-to-home satellite television providers and by
      other multichannel video program distributors;
        "(2) an enumeration of the technical, economic, and other
      impediments each type of multichannel video programming
      distributor has encountered; and
        "(3) recommendations for specific measures to facilitate the
      provision of local signals to subscribers in unserved and
      underserved markets by direct-to-home satellite television
      providers and by other distributors of multichannel video
      programming service."

-FOOTNOTE-
    (!1) So in original. Two pars. (3) have been enacted.

    (!2) So in original. Probably should be followed by "to".

-End-

-CITE-
    47 USC Sec. 339                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 339. Carriage of distant television stations by satellite
      carriers

-STATUTE-
    (a) Provisions relating to carriage of distant signals
      (1) Carriage permitted
        (A) In general
          Subject to section 119 of title 17, any satellite carrier
        shall be permitted to provide the signals of no more than two
        network stations in a single day for each television network to
        any household not located within the local markets of those
        network stations.
        (B) Additional service
          In addition to signals provided under subparagraph (A), any
        satellite carrier may also provide service under the statutory
        license of section 122 of title 17, to the local market within
        which such household is located. The service provided under
        section 122 of such title may be in addition to the two signals
        provided under section 119 of such title.

      Such two network stations may be comprised of both the analog
      signal and digital signal of not more than two network stations.
      (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 to analog signals
          (i) For those receiving distant analog signals
            In the case of a subscriber of a satellite carrier who is
          eligible to receive the analog signal of a network station
          solely by reason of section 119(e) of title 17 (in this
          subparagraph referred to as a "distant analog signal"), and
          who, as of October 1, 2004, is receiving the distant analog
          signal of that network station, the following shall apply:
              (I) In a case in which the satellite carrier makes
            available to the subscriber the analog signal of a local
            network station affiliated with the same television network
            pursuant to section 338 of this title, the carrier may only
            provide the secondary transmissions of the distant analog
            signal of a station affiliated with the same network to
            that subscriber - 
                (aa) if, within 60 days after receiving the notice of
              the satellite carrier under section 338(h)(1) of this
              title, the subscriber elects to retain the distant analog
              signal; but
                (bb) only until such time as the subscriber elects to
              receive such local analog signal.

              (II) Notwithstanding subclause (I), the carrier may not
            retransmit the distant analog signal to any subscriber who
            is eligible to receive the analog signal of a network
            station solely by reason of section 119(e) 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 analog signals
            In the case of any subscriber of a satellite carrier who is
          eligible to receive the distant analog signal of a network
          station solely by reason of section 119(e) of title 17 and
          who did not receive a distant analog signal of a station
          affiliated with the same network on October 1, 2004, the
          carrier may not provide the secondary transmissions of the
          distant analog signal of a station affiliated with the same
          network to that subscriber.
        (B) Rules for other subscribers to analog signals
          In the case of a subscriber of a satellite carrier who is
        eligible to receive the analog signal of a network station
        under this section (in this subparagraph referred to as a
        "distant analog 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 analog
          signal of a local network station affiliated with the same
          television network pursuant to section 338 of this title, the
          carrier may only provide the secondary transmissions of the
          distant analog signal of a station affiliate with the same
          network to that subscriber if the subscriber's satellite
          carrier, not later than March 1, 2005, submits to that
          television network the list and statement required by
          subparagraph (F)(i).
            (ii) In a case in which the satellite carrier does not make
          available to that subscriber, on January 1, 2005, the analog
          signal of a local network station pursuant to section 338 of
          this title, the carrier may only provide the secondary
          transmissions of the distant analog signal of a station
          affiliated with the same network to that subscriber if - 
              (I) that subscriber seeks to subscribe to such distant
            analog signal before the date on which such carrier
            commences to carry pursuant to section 338 of this title
            the analog signals of stations from the local market of
            such local network station; and
              (II) the satellite carrier, within 60 days after such
            date, submits to each television network the list and
            statement required by subparagraph (F)(ii).
        (C) Future applicability
          A satellite carrier may not provide a distant analog 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 December 8, 2004; and
            (ii) 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
          analog signal of a local network station affiliated with the
          same television network pursuant to section 338 of this
          title, and the retransmission of such signal by such carrier
          can reach such subscriber.
        (D) Special rules for distant digital signals
          (i) Eligibility
            In the case of a subscriber of a satellite carrier who,
          with respect to a local network station - 
              (I) is a subscriber whose household is located outside
            the coverage area of the analog signal of such station as
            predicted by the model specified in subsection (c)(3) of
            this section for the signal intensity required under
            section 73.683(a) of title 47 of the Code of Federal
            Regulations, or a successor regulation;
              (II) is in an unserved household as determined under
            section 119(d)(1)(A) of title 17; or
              (III) is, after the date on which the conditions required
            by clause (vii) are met with respect to such station,
            determined under clause (vi) of this subparagraph to be
            unable to receive a digital signal of such local network
            station that exceeds the signal intensity standard
            specified in such clause;
          such subscriber is eligible to receive the digital signal of
          a distant network station affiliated with the same network
          under this section (in this subparagraph referred to as a
          "distant digital signal") subject to the provisions of this
          subparagraph.
          (ii) Pre-enactment distant digital signal subscribers
            Any eligible subscriber under this subparagraph who is a
          lawful subscriber to such a distant digital signal as of the
          date of enactment of the Satellite Home Viewer Extension and
          Reauthorization Act of 2004 [December 8, 2004] may continue
          to receive such distant digital signal, whether or not such
          subscriber elects to subscribe to local digital signals.
          (iii) Local-to-local analog markets
            In a case in which the satellite carrier makes available to
          an eligible subscriber under this subparagraph the analog
          signal of a local network station pursuant to section 338 of
          this title, the carrier may only provide the distant digital
          signal of a station affiliated with the same network to that
          subscriber if - 
              (I) in the case of any local market in the 48 contiguous
            States of the United States, the distant digital signal is
            the secondary transmission of a station whose prime time
            network programming is generally broadcast simultaneously
            with, or later than, the prime time network programming of
            the affiliate of the same network in the local market;
              (II) in any local market, the retransmission of the
            distant digital signal of the distant station occupies at
            least the equivalent bandwidth (as such term is defined by
            the Commission under section 340(h)(4) of this title) as
            the digital signal broadcast by such station; and
              (III) the subscriber subscribes to the analog signal of
            such local network station within 60 days after such signal
            is made available by the satellite carrier, and adds to or
            replaces such analog signal with the digital signal from
            such local network station within 60 days after such signal
            is made available by the satellite carrier, except that
            such distant digital signal may continue to be provided to
            a subscriber who cannot be reached by the satellite
            transmission of the local digital signal.
          (iv) Local-to-local digital markets
            After the date on which a satellite carrier makes available
          the digital signal of a local network station, the carrier
          may not offer the distant digital signal of a network station
          affiliated with the same television network to any new
          subscriber to such distant digital signal after such date,
          except that such distant digital signal may be provided to a
          new subscriber who cannot be reached by the satellite
          transmission of the local digital signal.
          (v) Non-local-to-local markets
            After December 8, 2004, if the satellite carrier does not
          make available the digital signal of a local network station
          in a local market, the satellite carrier may offer a new
          subscriber after such date who is eligible under this
          subparagraph a distant digital signal from a station
          affiliated with the same network and, in the case of any
          local market in the 48 contiguous States of the United
          States, whose prime time network programming is generally
          broadcast simultaneously with, or later than, the prime time
          network programming of the affiliate of the same network in
          the local market, except that - 
              (I) such carrier may continue to provide such distant
            digital signal to such a subscriber after the date on which
            the carrier makes available the digital signal of a local
            network station affiliated with such network only if such
            subscriber subscribes to the digital signal from such local
            network station; and
              (II) the limitation contained in subclause (I) of this
            clause shall not apply to a subscriber that cannot be
            reached by the satellite transmission of the local digital
            signal.
          (vi) Signal testing for digital signals
            (I) A subscriber shall be eligible for a distant digital
          signal under clause (i)(III) if such subscriber 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) of title 47, Code of Federal Regulations, as in
          effect on December 8, 2004.
            (II) Such test shall be conducted, upon written request for
          a digital signal strength test by the subscriber to the
          satellite carrier, within 30 days after the date the
          subscriber submits such request for the test. Such test shall
          be conducted by a qualified and independent person selected
          by the satellite carrier and the network station or stations,
          or who has been previously approved by the satellite carrier
          and by each affected network station but not previously
          disapproved. A tester may not be so disapproved for a test
          after the tester has commenced such test.
            (III) Unless the satellite carrier and the network station
          or stations otherwise agree, the costs of conducting the test
          shall be borne as follows:
              (aa) If the subscriber is not eligible for a distant
            digital signal under clause (i)(I) of this subparagraph (by
            reason of being outside of the coverage area of the analog
            signal), the satellite carrier may request the station
            licensee for a waiver.
              (bb) If the licensee agrees to a waiver, or fails to
            respond to a waiver request within 30 days, the subscriber
            may receive such distant digital signal.
              (cc) If the licensee refuses to grant a waiver, the
            subscriber may request the satellite carrier to conduct the
            test.
              (dd) If the satellite carrier requests the test and - 
                (AA) the station's signal is determined to exceed such
              signal intensity standard, the costs of the test shall be
              borne by the satellite carrier; and
                (BB) the station's signal is determined to not exceed
              such signal intensity standard, the costs of the test
              shall be borne by the licensee.

              (ee) If the satellite carrier does not request the test,
            or fails to respond within 30 days, the subscriber may
            request the test be conducted under the supervision of the
            carrier, and the costs of the test shall be borne by the
            subscriber in accordance with regulations prescribed by the
            Commission. Such regulations shall also require the carrier
            to notify the subscriber of the typical costs of such test.
          (vii) Trigger events for use of testing
            A subscriber shall not be eligible for a distant digital
          signal under clause (i)(III) pursuant to a test conducted
          under clause (vii) until - 
              (I) in the case of a subscriber whose household is
            located within the area predicted to be served (by the
            predictive model for analog signals under subsection (b)(3)
            of this section) by the signal of a local network station
            and who is seeking a distant digital signal of a station
            affiliated with the same network as that local network
            station - 
                (aa) April 30, 2006, if such local network station is
              within the top 100 television markets and - 
                  (AA) has received a tentative digital television
                service channel designation that is the same as such
                station's current digital television service channel;
                or
                  (BB) has been found by the Commission to have lost
                interference protection; or

                (bb) July 15, 2007, for any other local network
              stations, other than translator stations licensed to
              broadcast on December 8, 2004; or

              (II) in the case of a translator station, 1 year after
            the date on which the Commission completes all actions
            necessary for the allocation and assignment of digital
            television licenses to television translator stations.
          (viii) Testing waivers
            Upon request by a local network station, the Commission may
          grant a waiver with respect to such station to the beginning
          of testing under clause (vii), and prohibit subscribers from
          receiving digital signal strength testing with respect to
          such station. Such a request shall be filed not less than 5
          months prior to the implementation deadline specified in such
          clause, and the Commission shall act on such request by such
          implementation deadline. Such a waiver shall expire at the
          end of not more than 6 months, except that a waiver may be
          renewed upon a proper showing. The Commission may only grant
          such a request upon submission of clear and convincing
          evidence that the station's digital signal coverage is
          limited due to the unremediable presence of one or more of
          the following:
              (I) the need for international coordination or approvals;
              (II) clear zoning or environmental legal impediments;
              (III) force majeure;
              (IV) the station experiences a substantial decrease in
            its digital signal coverage area due to necessity of using
            side-mounted antenna;
              (V) substantial technical problems that result in a
            station experiencing a substantial decrease in its coverage
            area solely due to actions to avoid interference with
            emergency response providers; or
              (VI) no satellite carrier is providing the retransmission
            of the analog signals of local network stations under
            section 338 of this title in the local market.

          Under no circumstances may such a waiver be based upon
          financial exigency.
          (ix) Special waiver provision for translators
            Upon request by a television translator station, the
          Commission may grant, for not more than 3 years, a waiver
          with respect to such station to the beginning of testing
          under clause (vii), and prohibit subscribers from receiving
          digital signal strength testing with respect to such station,
          if the Commission determines that the translator station is
          not broadcasting a digital signal due to one or more of the
          following:
              (I) frequent occurrence of inclement weather; or
              (II) mountainous terrain at the transmitter tower
            location.
          (x) Savings provision
            Nothing in this subparagraph shall be construed to affect a
          satellite carrier's obligations under section 338 of this
          title.
          (xi) Definition
            For purposes of clause (viii), the term "emergency response
          providers" means Federal, State, or local governmental and
          nongovernmental emergency public safety, law enforcement,
          fire, emergency response, emergency medical (including
          hospital emergency facilities), and related personnel,
          organizations, agencies, or authorities.
        (E) Authority to grant station-specific waivers
          This paragraph shall not prohibit a retransmission of a
        distant analog signal or distant digital signal (within the
        meaning of subparagraph (A), (B), or (D)) 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 section 338 of this title the
        signals of stations from a local market, such a satellite
        carrier that provides a distant signal of a network station to
        a subscriber pursuant to subparagraph (B)(ii) of this paragraph
        shall submit to each network - 
            (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 section 340
        of this title or as an unserved household included under
        section 119(a)(12) of title 17.
        (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
      section 503 of this title in the amount of $50,000 for each
      violation or each day of a continuing violation, except that
      paragraph (2)(D) of this subsection, relating to the provision of
      distant digital signals, shall be enforceable under the
      provisions of section 340(f) of this title.
    (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) Study of digital strength testing procedures
        (A) Study required
          Not later than 1 year after December 8, 2004, the Federal
        Communications Commission shall complete an inquiry regarding
        whether, for purposes of identifying if a household is unserved
        by an adequate digital signal under section 119(d)(10) of title
        17, the digital signal strength standard in section
        73.622(e)(1) of title 47, Code of Federal Regulations, or the
        testing procedures in section 73.686(d) of title 47, Code of
        Federal Regulations, such statutes or regulations should be
        revised to take into account the types of antennas that are
        available to consumers.
        (B) Study considerations
          In conducting the study under this paragraph, the Commission
        shall consider whether - 
            (i) to account for the fact that an antenna can be mounted
          on a roof or placed in a home and can be fixed or capable of
          rotating;
            (ii) section 73.686(d) of title 47, Code of Federal
          Regulations, should be amended to create different procedures
          for determining if the requisite digital signal strength is
          present than for determining if the requisite analog signal
          strength is present;
            (iii) a standard should be used other than the presence of
          a signal of a certain strength to ensure that a household can
          receive a high-quality picture using antennas of reasonable
          cost and ease of installation;
            (iv) to develop a predictive methodology for determining
          whether a household is unserved by an adequate digital signal
          under section 119(d)(10) of title 17;
            (v) there is a wide variation in the ability of reasonably
          priced consumer digital television sets to receive over-the-
          air signals, such that at a given signal strength some may
          be able to display high-quality pictures while others cannot,
          whether such variation is related to the price of the
          television set, and whether such variation should be factored
          into setting a standard for determining whether a household
          is unserved by an adequate digital signal; and
            (vi) to account for factors such as building loss, external
          interference sources, or undesired signals from both digital
          television and analog television stations using either the
          same or adjacent channels in nearby markets, foliage, and man-
          made clutter.
        (C) Report
          Not later than 1 year after December 8, 2004, the Federal
        Communications Commission shall submit to the Committee on
        Energy and Commerce of the House of Representatives and the
        Committee on Commerce, Science, and Transportation of the
        Senate a report containing - 
            (i) the results of the study under this paragraph; and
            (ii) recommendations, if any, as to what changes should be
          made to Federal statutes or regulations.
      (2) Waivers
        A subscriber who is denied the retransmission of a signal of a
      network station under section 119 of title 17 may request a
      waiver from such denial by submitting a request, through such
      subscriber's satellite carrier, to the network station asserting
      that the retransmission is prohibited. The network station shall
      accept or reject a subscriber's request for a waiver within 30
      days after receipt of the request. The subscriber shall be
      permitted to receive such retransmission under section
      119(d)(10)(B) of title 17, if such station agrees to the waiver
      request and files with the satellite carrier a written waiver
      with respect to that subscriber allowing the subscriber to
      receive such retransmission. If a television network station
      fails to accept or reject a subscriber's request for a waiver
      within the 30-day period after receipt of the request, that
      station shall be deemed to agree to the waiver request and have
      filed such written waiver.
      (3) Establishment of improved predictive model required
        Within 180 days after November 29, 1999, the Commission shall
      take all actions necessary, including any reconsideration, to
      develop and prescribe by rule a point-to-point predictive model
      for reliably and presumptively determining the ability of
      individual locations to receive signals in accordance with the
      signal intensity standard in effect under section 119(d)(10)(A)
      of title 17. In prescribing such model, the Commission shall rely
      on the Individual Location Longley-Rice model set forth by the
      Federal Communications Commission in Docket No. 98-201 and ensure
      that such model takes into account terrain, building structures,
      and other land cover variations. The Commission shall establish
      procedures for the continued refinement in the application of the
      model by the use of additional data as it becomes available.
      (4) Objective verification
        (A) In general
          If a subscriber's request for a waiver under paragraph (2) is
        rejected and the subscriber submits to the subscriber's
        satellite carrier a request for a test verifying the
        subscriber's inability to receive a signal that meets the
        signal intensity standard in effect under section 119(d)(10)(A)
        of title 17, the satellite carrier and the network station or
        stations asserting that the retransmission is prohibited with
        respect to that subscriber shall select a qualified and
        independent person to conduct a test in accordance with section
        73.686(d) of its regulations (47 CFR 73.686(d)), or any
        successor regulation. Such test shall be conducted within 30
        days after the date the subscriber submits a request for the
        test. If the written findings and conclusions of a test
        conducted in accordance with such section (or any successor
        regulation) demonstrate that the subscriber does not receive a
        signal that meets or exceeds the signal intensity standard in
        effect under section 119(d)(10)(A) of title 17, the subscriber
        shall not be denied the retransmission of a signal of a network
        station under section 119 of title 17.
        (B) Designation of tester and allocation of costs
          If the satellite carrier and the network station or stations
        asserting that the retransmission is prohibited are unable to
        agree on such a person to conduct the test, the person shall be
        designated by an independent and neutral entity designated by
        the Commission by rule. Unless the satellite carrier and the
        network station or stations otherwise agree, the costs of
        conducting the test under this paragraph shall be borne by the
        satellite carrier, if the station's signal meets or exceeds the
        signal intensity standard in effect under section 119(d)(10)(A)
        of title 17, or by the network station, if its signal fails to
        meet or exceed such standard.
        (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 section 338 of this title
        from such carrier.
        (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 section 338 of this
        title may, at his or her own expense, authorize a signal
        intensity test to be performed pursuant to the procedures
        specified by the Commission in section 73.686(d) of title 47,
        Code of Federal Regulations, by a tester who is approved by the
        satellite carrier and by each affected network station, or who
        has been previously approved by the satellite carrier and by
        each affected network station but not previously disapproved. A
        tester may not be so disapproved for a test after the tester
        has commenced such test. The tester shall give 5 business days
        advance written notice to the satellite carrier and to the
        affected network station or stations. A signal intensity test
        conducted in accordance with this subparagraph shall be
        determinative of the signal strength received at that household
        for purposes of determining whether the household is capable of
        receiving a Grade B intensity signal.
      (5) Definition
        Notwithstanding subsection (d)(4) of this section, for purposes
      of paragraphs (2) and (4) of this subsection, the term "satellite
      carrier" includes a distributor (as defined in section 119(d)(1)
      of title 17), but only if the satellite distributor's
      relationship with the subscriber includes billing, collection,
      service activation, and service deactivation.
    (d) Definitions
      For the purposes of this section:
      (1) Local market
        The term "local market" has the meaning given that term under
      section 122(j) of title 17.
      (2) Nationally distributed superstation
        The term "nationally distributed superstation" means a
      television broadcast station, licensed by the Commission, that - 
          (A) is not owned or operated by or affiliated with a
        television network that, as of January 1, 1995, offered
        interconnected program service on a regular basis for 15 or
        more hours per week to at least 25 affiliated television
        licensees in 10 or more States;
          (B) on May 1, 1991, was retransmitted by a satellite carrier
        and was not a network station at that time; and
          (C) was, as of July 1, 1998, retransmitted by a satellite
        carrier under the statutory license of section 119 of title 17.
      (3) Network station
        The term "network station" has the meaning given such term
      under section 119(d) of title 17.
      (4) Satellite carrier
        The term "satellite carrier" has the meaning given such term
      under section 119(d) of title 17.
      (5) Television network
        The term "television network" means a television network in the
      United States which offers an interconnected program service on a
      regular basis for 15 or more hours per week to at least 25
      affiliated broadcast stations in 10 or more States.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 339, as added Pub. L. 106-
    113, div. B, Sec. 1000(a)(9) [title I, Sec. 1008(a)], Nov. 29,
    1999, 113 Stat. 1536, 1501A-534; amended Pub. L. 106-553, Sec.
    1(a)(2) [title X, Sec. 1008], Dec. 21, 2000, 114 Stat. 2762, 2762A-
    140; Pub. L. 108-447, div. J, title IX [title II, Secs. 204, 209],
    Dec. 8, 2004, 118 Stat. 3416, 3429.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-447, Sec. 204(a)(1), inserted
    at end "Such two network stations may be comprised of both the
    analog signal and digital signal of not more than two network
    stations."
      Subsec. (a)(2). Pub. L. 108-447, Sec. 204(a)(3), added par. (2).
    Former par. (2) redesignated (3).
      Subsec. (a)(3). Pub. L. 108-447, Sec. 204(a)(4), which directed
    amendment of par. (3) by inserting ", except that paragraph (2)(D)
    of this subsection, relating to the provision of distant digital
    signals, shall be enforceable under the provisions of section
    340(f) of this title" at end, was executed by making the insertion
    before period at end, to reflect the probable intent of Congress.
      Pub. L. 108-447, Sec. 204(a)(2), redesignated par. (2) as (3).
      Subsec. (c)(1). Pub. L. 108-447, Sec. 204(b), added par. (1) and
    struck out heading and text of former par. (1). Text read as
    follows: "For the purposes of identifying an unserved household
    under section 119(d)(10) of title 17, within 1 year after November
    29, 1999, the Commission shall conclude an inquiry to evaluate all
    possible standards and factors for determining eligibility for
    retransmissions of the signals of network stations, and, if
    appropriate - 
        "(A) recommend modifications to the Grade B intensity standard
      for analog signals set forth in section 73.683(a) of its
      regulations (47 CFR 73.683(a)), or recommend alternative
      standards or factors for purposes of determining such
      eligibility; and
        "(B) make a further recommendation relating to an appropriate
      standard for digital signals."
      Subsec. (c)(4)(D), (E). Pub. L. 108-447, Sec. 209, added subpars.
    (D) and (E).
      2000 - Subsec. (c)(5). Pub. L. 106-553 added par. (5).

-End-

-CITE-
    47 USC Sec. 340                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 340. Significantly viewed signals permitted to be carried

-STATUTE-
    (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) Analog service limited to subscribers taking local-into-local
        service
        With respect to a signal that originates as an analog signal of
      a network station, this section shall apply only to
      retransmissions to subscribers of a satellite carrier who receive
      retransmissions of a signal that originates as an analog signal
      of a local network station from that satellite carrier pursuant
      to section 338 of this title.
      (2) Digital service limitations
        With respect to a signal that originates as a digital signal of
      a network station, this section shall apply only if - 
          (A) the subscriber receives from the satellite carrier
        pursuant to section 338 of this title the retransmission of the
        digital signal of a network station in the subscriber's local
        market that is affiliated with the same television network; and
          (B) either - 
            (i) the retransmission of the local network station
          occupies at least the equivalent bandwidth as the digital
          signal retransmitted pursuant to this section; or
            (ii) the retransmission of the local network station is
          comprised of the entire bandwidth of the digital signal
          broadcast by such local network 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) of this section 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) of this section
      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) of this section, 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) of this section.
    (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 section 338 of this title is not affected
      by the eligibility of such station to be carried under this
      section.
      (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
      section 325(b)(1) of this title.
    (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), or under section 119(a)(12),
      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 section 340 of this title and
      the communities in which the signals are carried.
    (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 section 325 of this title) a television
      broadcast station that is located in a local market into which a
      satellite carrier retransmits a television broadcast station
      pursuant to section 338 of this title, to elect, with respect to
      such satellite carrier, between retransmission consent pursuant
      to such section 325 of this title and mandatory carriage pursuant
      to section 338 of this title separately for each county within
      such station's local market, if - 
          (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 section 338 of this title on
          December 8, 2004, the carrier may notify a television
          broadcast station in that market, at least 60 days prior to
          any date on which the station must thereafter make an
          election under section 76.66 of the Commission's regulations
          (47 CFR 76.66), of - 
              (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 section 338 of this title after
          December 8, 2004, the carrier may notify a station in that
          market, at least 60 days prior to the introduction of such
          service in that market, and thereafter at least 60 days prior
          to any date on which the station must thereafter make an
          election under section 76.66 of the Commission's regulations
          (47 CFR 76.66), of each affiliate of the same television
          network that the carrier reserves the right to retransmit
          into that station's local market during the next election
          cycle under such section of such regulations.
            (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 section 338(k) of this title.
      (2) Network station; television network
        The terms "network station" and "television network" have the
      meanings given such terms in section 339(d) of this title.
      (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.
      (4) Bandwidth
        The terms "equivalent bandwidth" and "entire bandwidth" shall
      be defined by the Commission by regulation, except that this
      paragraph shall not be construed - 
          (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".

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 340, as added Pub. L. 108-
    447, div. J, title IX [title II, Sec. 202(a)], Dec. 8, 2004, 118
    Stat. 3409.)

-FOOTNOTE-
    (!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".

-End-

-CITE-
    47 USC Sec. 341                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part I - General Provisions

-HEAD-
    Sec. 341. Carriage of television signals to certain subscribers

-STATUTE-
      (a)(1) In General. - A cable operator or satellite carrier may
    elect to retransmit, to subscribers in an eligible county - 
        (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) Deemed Significantly Viewed. - A station described in
    subsection (a) of this section is deemed to be significantly viewed
    in the eligible county within the meaning of section 76.54 of the
    Commission's regulations (47 CFR 76.54).
      (3) Definition of Eligible County. - For purposes of this
    section, the term "eligible county" means any 1 of 4 counties that -
     
        (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) Limitation. - Carriage of a station under this section shall
    be at the option of the cable operator or satellite carrier.
      (b) Certain Markets. - Notwithstanding any other provision of
    law, a satellite carrier may not carry the signal of a television
    station into an adjacent local market that is comprised of only a
    portion of a county, other than to unserved households located in
    that county.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 341, as added Pub. L. 108-
    447, div. J, title IX [title II, Sec. 211], Dec. 8, 2004, 118
    Stat. 3430.)

-End-

-CITE-
    47 USC Part II - Radio Equipment and Radio Operators On
           Board Ship                                      01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
        PART II - RADIO EQUIPMENT AND RADIO OPERATORS ON BOARD SHIP    

-End-

-CITE-
    47 USC Sec. 351                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 351. Ship radio stations and operations

-STATUTE-
      (a) Except as provided in section 352 hereof it shall be unlawful
    - 
        (1) For any ship of the United States, other than a cargo ship
      of less than three hundred gross tons, to be navigated in the
      open sea outside of a harbor or port, or for any ship of the
      United States or any foreign country, other than a cargo ship of
      less than three hundred gross tons, to leave or attempt to leave
      any harbor or port of the United States for a voyage in the open
      sea, unless such ship is equipped with an efficient radio station
      in operating condition, as specified by subparagraphs (A) and (B)
      of this paragraph, in charge of and operated by one or more radio
      officers or operators, adequately installed and protected so as
      to insure proper operation, and so as not to endanger the ship
      and radio station as hereinafter provided, and, in the case of a
      ship of the United States, unless there is on board a valid
      station license issued in accordance with this chapter.
          (A) Passenger ships irrespective of size and cargo ships of
        one thousand six hundred gross tons and upward shall be
        equipped with a radio-telegraph station complying with the
        provisions of this part;
          (B) Cargo ships of three hundred gross tons and upward but
        less than one thousand six hundred gross tons, unless equipped
        with a radio-telegraph station complying with the provisions of
        this part, shall be equipped with a radiotelephone station
        complying with the provisions of this part.

        (2) For any ship of the United States of one thousand six
      hundred gross tons and upward to be navigated in the open sea
      outside of a harbor or port, or for any such ship of the United
      States or any foreign country to leave or attempt to leave any
      harbor or port of the United States for a voyage in the open sea,
      unless such ship is equipped with efficient radio direction
      finding apparatus approved by the Commission, properly adjusted
      in operating condition as hereinafter provided.

      (b) A ship which is not subject to the provisions of this part at
    the time of its departure on a voyage shall not become subject to
    such provisions on account of any deviation from its intended
    voyage due to stress of weather or any other cause over which
    neither the master, the owner, nor the charterer (if any) has
    control.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 351, as added May 20,
    1937, ch. 229, Sec. 10(b), 50 Stat. 192; amended Aug. 13, 1954, ch.
    729, Sec. 1(a), 68 Stat. 704; Pub. L. 89-121, Sec. 2, Aug. 13,
    1965, 79 Stat. 512.)

-MISC1-
                                AMENDMENTS                            
      1965 - Subsec. (a). Pub. L. 89-121 substituted "radio station"
    for "radio installation", broadened coverage so as to extend to
    vessels over 300 tons rather than 500 tons, required passenger
    ships irrespective of size and cargo ships over 1600 tons to be
    equipped with a radio telegraph station and cargo ships over 300
    tons, unless equipped with a radiotelegraph station, to be equipped
    with a radiotelephone station, and eliminated provisions which
    empowered the Commission to defer the application of the provisions
    of paragraphs (1) and (2) of this subsection for periods not beyond
    Jan. 1, 1955, and Nov. 19, 1954, respectively.
      1954 - Subsec. (a)(1). Act Aug. 13, 1954, broadened coverage so
    as to extend to vessels over 500 tons rather than 1,600 tons.
      Subsec. (a)(2). Act Aug. 13, 1954, broadened coverage so as to
    extend to any United States flag vessel of 1,600 gross tons or over
    rather than any passenger vessel of 5,000 gross tons or over.

                              EFFECTIVE DATE                          
      Section 16 of act May 20, 1937, provided that: "This Act
    [enacting this part, amending sections 151, 153, 154, 303, 321,
    322, 329, 402, 504, and 602 of this title, and repealing sections
    484 to 487 of former Title 46, Shipping] shall take effect upon
    approval [May 20, 1937] provided that the Commission may defer the
    application of all or any part of sections 351 to 355 [sections 351
    to 355 of this title], inclusive, for a period not to exceed six
    months after approval, in regard to any ship or classes of ships of
    the United States which are not subject to the provisions of the
    safety convention, if it is found impracticable to obtain the
    necessary equipment or make the required installations."

     JOINT STUDIES OF NEED FOR SAFETY DEVICES ON CERTAIN CARGO SHIPS;
                                  REPORT
      Act Aug. 3, 1956, ch. 913, 70 Stat. 967, authorized the Federal
    Communications Commission, the United States Coast Guard, and the
    Federal Maritime Administration, acting jointly, to make a full and
    complete study and investigation with respect to the need for
    installing automatic radiotelegraph call selectors on cargo ships
    of the United States carrying less than two radio operators, and
    other such safety devices, and the feasibility thereof, and
    required a report to the Congress not later than Mar. 1, 1957.

-End-

-CITE-
    47 USC Sec. 352                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 352. Exemptions

-STATUTE-
    (a) Vessels excepted
      The provisions of this part shall not apply to - 
        (1) A ship of war;
        (2) A ship of the United States belonging to and operated by
      the Government, except a ship of the Maritime Administration of
      the Department of Transportation, the Inland and Coastwise
      Waterways Service, or the Panama Canal Company;
        (3) A foreign ship belonging to a country which is a party to
      any Safety Convention in force between the United States and that
      country which ship carries a valid certificate exempting said
      ship from the radio provisions of that Convention, or which ship
      conforms to the radio requirements of such Convention or
      Regulations and has on board a valid certificate to that effect,
      or which ship is not subject to the radio provisions of any such
      Convention;
        (4) Yachts of less than six hundred gross tons not subject to
      the radio provisions of the Safety Convention;
        (5) Vessels in tow;
        (6) A ship navigating solely on any bays, sounds, rivers, or
      protected waters within the jurisdiction of the United States, or
      to a ship leaving or attempting to leave any harbor or port of
      the United States for a voyage solely on any bays, sounds,
      rivers, or protected waters within the jurisdiction of the United
      States;
        (7) A ship navigating solely on the Great Lakes of North
      America and the River Saint Lawrence as far east as a straight
      line drawn from Cap des Rosiers to West Point, Anticosti Island,
      and on the north side of Anticosti Island, the sixty-third
      meridian, or to a ship leaving or attempting to leave any harbor
      or port of the United States for a voyage solely on such waters
      and within such area;
        (8) A ship which is navigated during the course of a voyage
      both on the Great Lakes of North America and in the open sea,
      during the period while such ship is being navigated within the
      Great Lakes of North America and their connecting and tributary
      waters as far east as the lower exit of the Saint Lambert lock at
      Montreal in the Province of Quebec, Canada.
    (b) Radio station unreasonable or unnecessary
      Except for nuclear ships, the Commission may, if it considers
    that the route or the conditions of the voyage or other
    circumstances are such as to render a radio station unreasonable or
    unnecessary for the purposes of this part, exempt from the
    provisions of this part any ship or class of ships which falls
    within any of the following descriptions:
        (1) Passenger ships which in the course of their voyage do not
      go more than twenty nautical miles from the nearest land or,
      alternatively, do not go more than two hundred nautical miles
      between two consecutive ports;
        (2) Cargo ships which in the course of their voyage do not go
      more than one hundred and fifty nautical miles from the nearest
      land;
        (3) Passenger vessels of less than one hundred gross tons not
      subject to the radio provisions of the Safety Convention;
        (4) Sailing ships.
    (c) Unforeseeable equipment failures
      If, because of unforeseeable failure of equipment, a ship is
    unable to comply with the equipment requirements of this part
    without undue delay of the ship, the mileage limitations set forth
    in paragraphs (1) and (2) of subsection (b) of this section shall
    not apply: Provided, That exemption of the ship is found to be
    reasonable or necessary in accordance with subsection (b) of this
    section to permit the ship to proceed to a port where the equipment
    deficiency may be remedied.
    (d) Radio direction finding apparatus unreasonable or unnecessary
      Except for nuclear ships, and except for ships of five thousand
    gross tons and upward which are subject to the Safety Convention,
    the Commission may exempt from the requirements, for radio
    direction finding apparatus, of this part and of the Safety
    Convention, any ship which falls within the descriptions set forth
    in paragraphs (1), (2), (3), and (4) of subsection (b) of this
    section, if it considers that the route or conditions of the voyage
    or other circumstances are such as to render such apparatus
    unreasonable or unnecessary.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 352, as added May 20,
    1937, ch. 229, Sec. 10(b), 50 Stat. 192; amended Sept. 26, 1950,
    ch. 1049, Sec. 2(a)(2), 64 Stat. 1038; Aug. 13, 1954, ch. 729, Sec.
    1(b), (c), 68 Stat. 705; Pub. L. 89-121, Sec. 3, Aug. 13, 1965, 79
    Stat. 512; Pub. L. 97-31, Sec. 12(151), Aug. 6, 1981, 95 Stat.
    167.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Panama Canal Company, referred to in subsec. (a)(2), deemed to
    refer to Panama Canal Commission, see section 3602(b)(5) of Title
    22, Foreign Relations and Intercourse.

-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (a)(2). Pub. L. 97-31 substituted "Maritime
    Administration of the Department of Transportation" for "United
    States Maritime Commission". For prior transfers of functions, see
    Transfer of Functions note set out below.
      1965 - Pub. L. 89-121, Sec. 3(a), added pars. (6) to (8) and
    struck out former par. (6) which made the provisions of this part
    inapplicable to a vessel navigating solely on the Great Lakes, or
    on any bays, sounds, rivers, or protected waters within the
    jurisdiction of the United States, or to a vessel leaving or
    attempting to leave any harbor or port of the United States for a
    voyage solely on the Great Lakes, or on any bays, sounds, rivers,
    or protected waters within the jurisdiction of the United States.
      Subsec. (b). Pub. L. 89-121, Sec. 3(b), excepted nuclear ships
    and substituted "or, alternatively, do not go more than two hundred
    nautical miles" for "or more than two hundred nautical miles".
      Subsec. (d). Pub. L. 89-121, Sec. 3(c), added subsec. (d).
      1954 - Subsec. (a)(3). Act Aug. 13, 1954, Sec. 1(b), substituted
    "any Safety Convention in force between the United States and that
    country" for "the Safety Convention and" and inserted at end "or
    which ship is not subject to the radio provisions of any such
    Convention".
      Subsec. (c). Act Aug. 13, 1954, Sec. 1(c), added subsec. (c).
      1950 - Subsec. (a)(2). Act Sept. 26, 1950, substituted "Panama
    Canal Company" for "Panama Railroad Company".

                              EFFECTIVE DATE                          
      Section effective May 20, 1937, unless deferred by the
    Commission, see section 16 of act May 20, 1937, set out as a note
    under section 351 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of United States Maritime Commission,
    see Reorg. Plan No. 21 of 1950 and Reorg. Plan No. 7 of 1961, set
    out in the Appendix to Title 5, Government Organization and
    Employees.

-End-

-CITE-
    47 USC Sec. 353                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 353. Radio equipment and operators

-STATUTE-
    (a) Two radio officers required
      Each cargo ship which in accordance with this part is equipped
    with a radiotelegraph station and which is not equipped with a
    radiotelegraph auto alarm, and each passenger ship required by this
    part to be equipped with a radiotelegraph station, shall, for
    safety purposes, carry at least two radio officers.
    (b) One radio officer required
      A cargo ship which in accordance with this part is equipped with
    a radiotelegraph station, which is equipped with a radiotelegraph
    auto alarm, shall, for safety purposes, carry at least one radio
    officer who shall have had at least six months' previous service in
    the aggregate as a radio officer in a station on board a ship or
    ships of the United States.
    (c) Required watches
      Each ship of the United States which in accordance with this part
    is equipped with a radiotelegraph station shall, while being
    navigated in the open sea outside of a harbor or port, keep a
    continuous watch by means of radio officers whenever the station is
    not being used for authorized traffic: Provided, That, in lieu
    thereof, on a cargo ship equipped with a radiotelegraph auto alarm
    in proper operating condition, a watch of at least eight hours per
    day, in the aggregate, shall be maintained by means of a radio
    officer.
    (d) Hours of watch
      The Commission shall, when it finds it necessary for safety
    purposes, have authority to prescribe the particular hours of watch
    on a ship of the United States which in accordance with this part
    is equipped with a radiotelegraph station.
    (e) Operational status of auto alarms in open sea
      On all ships of the United States equipped with a radiotelegraph
    auto alarm, said apparatus shall be in operation at all times while
    the ship is being navigated in the open sea outside of a harbor or
    port when the radio officer is not on watch.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 353, as added May 20,
    1937, ch. 229, Sec. 10(b), 50 Stat. 193; amended July 8, 1941, ch.
    278, 55 Stat. 579; June 22, 1943, ch. 137, 57 Stat. 161; July 25,
    1947, ch. 327, Sec. 2(a), 61 Stat. 451; Aug. 13, 1954, ch. 729,
    Sec. 1(d), 68 Stat. 705; Pub. L. 89-121, Sec. 4, Aug. 13, 1965, 79
    Stat. 513.)

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-121, among other changes, substituted wherever
    appearing "radiotelegraph station" for "radiotelegraph
    installation", "radiotelegraph auto alarm" for "auto-alarm", and
    "radio officer" and "radio officers" for "qualified operator" and
    "qualified operators", required a continuous watch to be kept when
    the radiotelegraph station is not being used for authorized
    traffic, and inserted "while being navigated in the open sea" in
    two places.
      1954 - Act Aug. 13, 1954, amended section to make clear that it
    applies only to ships equipped with a radiotelegraph installation,
    not those fitted with a radiotelephone installation.
      1943 - Subsec. (b). Act June 22, 1943, substituted "the
    termination of such emergency or such earlier date as Congress by
    concurrent resolution may designate" for "June 30, 1943".
      1941 - Subsec. (b). Act July 8, 1941, inserted exception
    respecting national emergency.

                   PARTIAL REPEAL EFFECTIVE JULY 1, 1948               
      Acts July 8, 1941, and June 22, 1943, which amended subsec. (b)
    of this section by adding the clause authorizing suspension or
    modification of the service requirement during the emergency, were
    repealed, effective July 1, 1948, by act July 25, 1947, which
    provided that such acts should remain in full force and effect
    until such date.

                              EFFECTIVE DATE                          
      Section effective May 20, 1937, unless deferred by the
    Commission, see section 16 of act May 20, 1937, set out as a note
    under section 351 of this title.

           APPROVAL OF OPERATORS BY SECRETARY OF NAVY DURING WAR       
      Act Dec. 17, 1941, ch. 588, 55 Stat. 808, as amended June 28,
    1943, ch. 174, 57 Stat. 244; June 13, 1945, ch. 190, 59 Stat. 259;
    1946 Reorg. Plan No. 3, Sec. 101, eff. July 16, 1946, 11 F.R. 7875,
    60 Stat. 1097, prohibiting employment of radio operators who were
    disapproved by the Secretary of the Navy during World War II, was
    repealed by act July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449.

-End-

-CITE-
    47 USC Sec. 353a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

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

-STATUTE-
      (a) Each cargo ship which in accordance with this part is
    equipped with a radiotelephone station shall, for safety purposes,
    carry at least one operator who may be the master, an officer, or a
    member of the crew.
      (b) Each cargo ship of the United States which in accordance with
    this part is equipped with a radiotelephone station shall, while
    being navigated in the open sea outside of a harbor or port,
    maintain continuous watch whenever the station is not being used
    for authorized traffic.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 354, as added Aug. 13,
    1954, ch. 729, Sec. 2(b), 68 Stat. 706; amended Pub. L. 89-121,
    Sec. 5, Aug. 13, 1965, 79 Stat. 514.)

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-121 substituted "radiotelephone station" for
    "radiotelephone installation" in two places, and "one operator who
    may be the master, an officer, or a member of the crew" for "one
    qualified operator who may be a member of the crew holding only a
    certificate for radio telephony", inserted "in the open sea" before
    "outside of a harbor", and required a continuous watch whenever the
    station is not being used for authorized traffic.

-End-

-CITE-
    47 USC Sec. 354                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 354. Technical requirements of equipment on radiotelegraph
      equipped ships

-STATUTE-
      The radiotelegraph station and the radio direction finding
    apparatus required by section 351 of this title shall comply with
    the following requirements:
        (a) The radiotelegraph station shall include a main
      installation and a reserve installation, electrically separate
      and electrically independent of each other: Provided, That, in
      installations on cargo ships of three hundred gross tons and
      upward but less than one thousand six hundred gross tons, and in
      installations on cargo ships of one thousand six hundred gross
      tons and upward installed prior to November 19, 1952, if the main
      transmitter complies with all the requirements for the reserve
      transmitter, the latter may be omitted.
        (b) The radiotelegraph station shall be so located that no
      harmful interference from extraneous mechanical or other noise
      will be caused to the proper reception of radio signals, and
      shall be placed in the upper part of the ship in a position of
      the greatest possible safety and as high as practicable above the
      deepest load waterline. The location of the radiotelegraph
      operating room or rooms shall be approved by the Commandant of
      the Coast Guard. The radiotelegraph installation shall be
      installed in such a position that it will be protected against
      the harmful effects of water or extremes of temperature, and
      shall be readily accessible both for immediate use in case of
      distress and for repair.
        (c) The radiotelegraph operating room shall be of sufficient
      size and of adequate ventilation to enable the main and reserve
      radiotelegraph installations to be operated efficiently, and
      shall not be used for any purpose which will interfere with the
      operation of the radiotelegraph station. The sleeping
      accommodation of at least one radio officer shall be situated as
      near as practicable to the radiotelegraph operating room. In
      ships the keels of which are laid on or after May 26, 1965, this
      sleeping accommodation shall not be within the radiotelegraph
      operating room.
        (d) The main and reserve installations shall be capable of
      transmitting and receiving on the frequencies, and using the
      classes of emission, designated by the Commission pursuant to law
      for the purposes of distress and safety of navigation.
        (e) The main and reserve installations shall, when connected to
      the main antenna, have a minimum normal range of two hundred
      nautical miles and one hundred nautical miles, respectively; that
      is, they must be capable of transmitting and receiving clearly
      perceptible signals from ship to ship by day and under normal
      conditions and circumstances over the specified ranges.
        (f) Sufficient electrical energy shall be available at all
      times to operate the main installation over the normal range
      required by subsection (e) of this section as well as for the
      purpose of charging any batteries forming part of the
      radiotelegraph station.
        (g) The reserve installation shall include a source of
      electrical energy independent of the propelling power of the ship
      and of any other electrical system and shall be capable of being
      put into operation rapidly and of working for at least six
      continuous hours. The reserve source of energy and its
      switchboard shall be as high as practicable in the ship and
      readily accessible to the radio officer.
        (h) There shall be provided between the bridge of the ship and
      the radiotelegraph operating room, and between the bridge and the
      location of the radio direction finding apparatus, when such
      apparatus is not located on the bridge, an efficient two-way
      system for calling and voice communication which shall be
      independent of any other communication system in the ship.
        (i) The radio direction finding apparatus shall be efficient
      and capable of receiving signals with the minimum of receiver
      noise and of taking bearings from which the true bearing and
      direction may be determined. It shall be capable of receiving
      signals on the radiotelegraph frequencies assigned by the radio
      regulations annexed to the International Telecommunication
      Convention in force for the purposes of distress, direction
      finding, and maritime radio beacons, and, in installations made
      after May 26, 1965, such other frequencies as the Commission may
      for safety purposes designate.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 355, formerly Sec. 354, as
    added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 193; amended 1946
    Reorg. Plan No. 3, Secs. 101-104, eff. July 16, 1946, 11 F.R. 7875,
    60 Stat. 1097; renumbered Sec. 355 and amended Aug. 13, 1954, ch.
    729, Sec. 2(a)(1), (c), 68 Stat. 706; Pub. L. 89-121, Sec. 6, Aug.
    13, 1965, 79 Stat. 514.)

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-121 substituted "radiotelegraph station" for
    "radio installation" in opening provisions.
      Subsec. (a). Pub. L. 89-121, among other changes, substituted
    "radiotelegraph station" for "radio installation", required the
    main installation and the reserve installation to be electrically
    separate and independent of each other, and included cargo ships
    between 300 and 500 tons within the ships that may omit the reserve
    transmitter if the main transmitter complies with all the
    requirements for the reserve transmitter.
      Subsec. (b). Pub. L. 89-121 required the radiotelegraph station
    to be so located that no harmful interference will be caused to the
    proper reception of radio signals, and to be installed in such a
    position that it will be protected against the harmful effects of
    water or extremes of temperature, and will be readily accessible
    both for immediate use in case of distress and for repair.
      Subsec. (c). Pub. L. 89-121 added subsec. (c) and redesignated
    former subsec. (c) as (d).
      Subsec. (d). Pub. L. 89-121 redesignated former subsec. (c) as
    (d), and substituted "main and reserve installations shall be
    capable of transmitting and receiving on the frequencies, and using
    the classes of emission, designated" for "main and emergency or
    reserve installations shall be capable of transmitting and
    receiving on the frequencies and types of waves designated". Former
    subsec. (d) redesignated (e).
      Subsec. (e). Pub. L. 89-121 redesignated former subsec. (d) as
    (e), and inserted provisions requiring the reserve installation to
    have a minimum normal range of 100 nautical miles. Former subsec.
    (e) redesignated (f).
      Subsec. (f). Pub. L. 89-121 redesignated former subsec. (e) as
    (f), and substituted "electrical energy" for "power" and "operate
    the main installation over the normal range required by subsection
    (e) of this section as well as for the purpose of charging any
    batteries forming part of the radiotelegraph station" for "operate
    the main radio installation efficiently under normal conditions
    over the range specified in subsection (d) of this section". Former
    subsec. (f) redesignated (g).
      Subsec. (g). Pub. L. 89-121 redesignated former subsec. (f) as
    (g), directed that the reserve source of energy and its switchboard
    shall be as high as practicable in the ship and readily accessible
    to the radio officer, and eliminated provisions which stated that
    for the emergency or reserve installation the normal range shall be
    at least 100 nautical miles. Former subsec. (g) redesignated (h).
      Subsec. (h). Pub. L. 89-121 redesignated former subsec. (g) as
    (h), and substituted provisions requiring the method of
    communication between the bridge and the radiotelegraph room and
    the location of the radio direction finding apparatus to be an
    efficient two-way system for calling and voice communication for
    provisions which required an efficient means of communication.
    Former subsec. (h) redesignated (i).
      Subsec. (i). Pub. L. 89-121 redesignated former subsec. (h) as
    (i), and substituted provisions requiring the apparatus to be
    capable of receiving signals with the minimum of receiver noise for
    provisions which required the apparatus to be capable of receiving
    clearly perceptible signals.
      1954 - Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section
    by changing section number from "354" to "355" of act June 19,
    1934.
      Subsec. (a). Act Aug. 13, 1954, Sec. 2(c), provided for a
    "reserve radiotelegraph installation" instead of merely a "reserve
    installation".

                              EFFECTIVE DATE                          
      Section effective May 20, 1937, unless deferred by the
    Commission, see section 16 of act May 20, 1937, set out as a note
    under section 351 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      Coast Guard transferred to Department of Transportation, and
    functions, powers, and duties relating to Coast Guard of Secretary
    of the Treasury and of all other officers and offices of Department
    of the Treasury transferred to Secretary of Transportation by Pub.
    L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section
    6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding
    such transfer of functions, Coast Guard shall operate as part of
    Navy in time of war or when President directs as provided in
    section 3 of Title 14, Coast Guard. See section 108 of Title 49,
    Transportation.
      For transfer of functions of other officers, employees, and
    agencies of Department of the Treasury, with certain exceptions, to
    Secretary of the Treasury with power to delegate, see Reorg. Plan
    No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
    Stat. 1280, 1281, set out in the Appendix to Title 5, Government
    Organization and Employees. Functions of Coast Guard, and
    Commandant of Coast Guard, excepted from transfer when Coast Guard
    is operating as part of Navy under sections 1 and 3 of Title 14.
      "Commandant of the Coast Guard" substituted in subsec. (b) for
    "Bureau of Marine Inspection and Navigation, Department of
    Commerce" on authority of Reorg. Plan No. 3 of 1946, Secs. 101-104,
    set out in the Appendix to Title 5.

-End-

-CITE-
    47 USC Sec. 354a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 354a. Technical requirements of equipment on radiotelephone
      equipped ships

-STATUTE-
      Cargo ships of three hundred gross tons and upward but less than
    one thousand six hundred gross tons may, in lieu of the
    radiotelegraph station prescribed by section 354 of this title, be
    equipped with a radiotelephone station complying with the following
    requirements:
      (a) The radiotelephone station shall be in the upper part of the
    ship, so located that it is sheltered to the greatest possible
    extent from noise which might impair the correct reception of
    messages and signals, and, unless such station is situated on the
    bridge, there shall be efficient communication with the bridge.
      (b) The radiotelephone installation shall be capable of
    transmitting and receiving on the frequencies, and using the
    classes of emission, designated by the Commission pursuant to law
    for the purposes of distress and safety of navigation.
      (c) The radiotelephone installation shall have a minimum normal
    range of one hundred and fifty nautical miles; that is, it shall be
    capable of transmitting and receiving clearly perceptible signals
    from ship to ship by day and under normal conditions and
    circumstances over this range.
      (d) There shall be available at all times a main source of
    electrical energy sufficient to operate the installation over the
    normal range required by subsection (c) of this section. If
    batteries are provided they shall have sufficient capacity to
    operate the transmitter and receiver for at least six continuous
    hours under normal working conditions. In installations made on or
    after November 19, 1952, a reserve source of electrical energy
    shall be provided in the upper part of the ship unless the main
    source of energy is so situated.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 356, as added Aug. 13,
    1954, ch. 729, Sec. 2(d), 68 Stat. 706; amended Pub. L. 89-121,
    Sec. 7, Aug. 13, 1965, 79 Stat. 515.)

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-121 limited the opening provisions to cargo
    ships of 300 gross tons and upwards.
      Subsec. (a). Pub. L. 89-121 required the radiotelephone station
    to be so located that it is sheltered to the greatest possible
    extent from noise which might impair the correct reception of
    messages and signals.
      Subsec. (b). Pub. L. 89-121 substituted "on the frequencies, and
    using the classes of emission, designated" for "on the frequencies
    and with types of emissions designated".
      Subsec. (c). Pub. L. 89-121 substituted "radiotelephone
    installation" for "transmitter" and inserted provisions requiring
    the installation to be capable of receiving clearly perceptible
    signals over the minimum normal range.
      Subsec. (d). Pub. L. 89-121 substituted "a main source of
    electrical energy" for "a source of energy", "at least six
    continuous hours" for "at least six hours continuously", and
    "installations made on or after November 19, 1952, a reserve source
    of electrical energy" for "in installations an emergency source of
    energy".

-End-

-CITE-
    47 USC Sec. 355                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 355. Survival craft

-STATUTE-
      Every ship required to be provided with survival craft radio by
    treaty to which the United States is a party, by statute, or by
    regulation made in conformity with a treaty, convention, or
    statute, shall be fitted with efficient radio equipment appropriate
    to such requirement under such rules and regulations as the
    Commission may find necessary for safety of life. For purposes of
    this section, "radio equipment" shall include portable as well as
    nonportable apparatus.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 357, formerly Sec. 355, as
    added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 194; renumbered
    Sec. 357 and amended Aug. 13, 1954, ch. 729, Sec. 2(a)(1), (e), 68
    Stat. 706, 707; Pub. L. 89-121, Sec. 8, Aug. 13, 1965, 79 Stat.
    516.)

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-121 substituted "survival craft" for
    "lifeboat".
      1954 - Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section
    by changing section number from "355" to "357" of act June 19,
    1934.
      Act Aug. 13, 1954, Sec. 2(e), provided that lifeboats be equipped
    with "radio equipment" rather than a "radio installation" and
    defined "radio equipment" as including portable as well as
    nonportable apparatus.

                              EFFECTIVE DATE                          
      Section effective May 20, 1937, unless deferred by the
    Commission, see section 16 of act May 20, 1937, set out as a note
    under section 351 of this title.

-End-

-CITE-
    47 USC Sec. 356                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 356. Approval of installations by Commission

-STATUTE-
      Insofar as is necessary to carry out the purposes and
    requirements of this part, the Commission shall have authority, for
    any ship subject to this part - 
        (1) To approve the details as to the location and manner of
      installations of the equipment required by this part or of
      equipment necessitated by reason of the purposes and requirements
      of this part.
        (2) To approve installations, apparatus, and spare parts
      necessary to comply with the purposes and requirements of this
      part.
        (3) To prescribe such additional equipment as may be determined
      to be necessary to supplement that specified in this part, for
      the proper functioning of the radio installation installed in
      accordance with this part or for the proper conduct of radio
      communication in time of emergency or distress.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 358, formerly Sec. 356, as
    added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 194; renumbered
    Sec. 358, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706;
    amended Pub. L. 103-414, title III, Sec. 303(a)(19), Oct. 25, 1994,
    108 Stat. 4295.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, commences with section 351 of
    this title.

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-414 struck out "(a)" before "Insofar as".

                              EFFECTIVE DATE                          
      Section effective May 20, 1937, see section 16 of act May 20,
    1937, set out as a note under section 351 of this title.

-End-

-CITE-
    47 USC Sec. 357                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 357. Safety information

-STATUTE-
    (a) Transmission of information concerning safety at sea
      The master of every ship of the United States, equipped with
    radio transmitting apparatus, which meets with dangerous ice, a
    dangerous derelict, a tropical storm, or any other direct danger to
    navigation, or encounters subfreezing air temperatures associated
    with gale force winds causing severe ice accretion on
    superstructures, or winds of force 10 or above on the Beaufort
    scale for which no storm warning has been received, shall cause to
    be transmitted all pertinent information relating thereto to ships
    in the vicinity and to the appropriate authorities on land, in
    accordance with rules and regulations issued by the Commission.
    When they consider it necessary, such authorities of the United
    States shall promptly bring the information received by them to the
    knowledge of those concerned, including interested foreign
    authorities.
    (b) Charges for transmission of safety information
      No charge shall be made by any ship or station in the mobile
    service of the United States for the transmission, receipt, or
    relay of the information designated in subsection (a) of this
    section originating on a ship of the United States or of a foreign
    country.
    (c) Reimbursement by Commission
      The transmission by any ship of the United States, made in
    compliance with subsection (a) of this section, to any station
    which imposes a charge for the reception, relay, or forwarding of
    the required information, shall be free of cost to the ship
    concerned and any communication charges incurred by the ship for
    transmission, relay, or forwarding of the information may be
    certified to the Commission for reimbursement out of moneys
    appropriated to the Commission for that purpose.
    (d) Charges for transmission of distress messages
      No charge shall be made by any ship or station in the mobile
    service of the United States for the transmission of distress
    messages and replies thereto in connection with situations
    involving the safety of life and property at sea.
    (e) Free services
      Notwithstanding any other provision of law, any station or
    carrier may render free service in connection with situations
    involving the safety of life and property, including hydrographic
    reports, weather reports, reports regarding aids to navigation and
    medical assistance to injured or sick persons on ships and aircraft
    at sea. All free service permitted by this subsection shall be
    subject to such rules and regulations as the Commission may
    prescribe, which rules may limit such free service to the extent
    which the Commission finds desirable in the public interest.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 359, formerly Sec. 357, as
    added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195; renumbered
    Sec. 359, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706;
    amended Pub. L. 89-121, Sec. 9, Aug. 13, 1965, 79 Stat. 516.)

-MISC1-
                                AMENDMENTS                            
      1965 - Subsec. (a). Pub. L. 89-121 directed the master of every
    ship of the United States equipped with radio transmitting
    apparatus which encounters subfreezing air temperatures associated
    with gale force winds causing severe ice accretion on
    superstructures, or winds of force 10 or above on the Beaufort
    scale for which no storm warning has been received to transmit the
    pertinent information relating thereto.

                              EFFECTIVE DATE                          
      Section effective May 20, 1937, see section 16 of act May 20,
    1937, set out as a note under section 351 of this title.

-End-

-CITE-
    47 USC Sec. 358                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 358. Master's control over operations

-STATUTE-
      The radio installation, the operators, the regulation of their
    watches, the transmission and receipt of messages, and the radio
    service of the ship except as they may be regulated by law or
    international agreement, or by rules and regulations made in
    pursuance thereof, shall in the case of a ship of the United States
    be under the supreme control of the master.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 360, formerly Sec. 358, as
    added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195; renumbered
    Sec. 360, ch. 729, Sec. 2(a)(1), Aug. 13, 1954, 68 Stat. 706.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective May 20, 1937, see section 16 of act May 20,
    1937, set out as a note under section 351 of this title.

-End-

-CITE-
    47 USC Sec. 359                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 359. Certificates of compliance; issuance, modification, and
      cancellation

-STATUTE-
      (a) Each vessel of the United States to which the Safety
    Convention applies shall comply with the radio and communication
    provisions of said Convention at all times while the vessel is in
    use, in addition to all other requirements of law, and shall have
    on board an appropriate certificate as prescribed by the Safety
    Convention.
      (b) Appropriate certificates concerning the radio particulars
    provided for in said Convention shall be issued upon proper request
    to any vessel which is subject to the radio provisions of the
    Safety Convention and is found by the Commission to comply
    therewith. Cargo ship safety radio telegraphy certificates, cargo
    ship safety radiotelephony certificates, and exemption certificates
    with respect to radio particulars shall be issued by the
    Commission. Other certificates concerning the radio particulars
    provided for in the said Convention shall be issued by the
    Commandant of the Coast Guard or whatever other agency is
    authorized by law to do so upon request of the Commission made
    after proper inspection or determination of the facts. If the
    holder of a certificate violates the radio provisions of the Safety
    Convention or the provisions of this chapter, or the rules,
    regulations, or conditions prescribed by the Commission, and if the
    effective administration of the Safety Convention or of this part
    so requires, the Commission, after hearing in accordance with law,
    is authorized to modify or cancel a certificate which it has
    issued, or to request the modification or cancellation of a
    certificate which has been issued by another agency upon the
    Commission's request. Upon receipt of such request for modification
    or cancellation, the Commandant of the Coast Guard, or whatever
    agency is authorized by law to do so, shall modify or cancel the
    certificate in accordance therewith.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 361, formerly Sec. 359, as
    added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 195; renumbered
    Sec. 361 and amended Aug. 13, 1954, ch. 729, Sec. 2(a)(1), (f), 68
    Stat. 706, 707; Pub. L. 89-121, Sec. 10, Aug. 13, 1965, 79 Stat.
    516.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (b), commences with section 351
    of this title.

-MISC1-
                                AMENDMENTS                            
      1965 - Subsec. (b). Pub. L. 89-121 substituted "Cargo ship safety
    radio telegraphy certificates, cargo ship safety radiotelephony
    certificates, and exemption certificates with respect to radio
    particulars shall be issued" for "Safety Radiotelegraphy
    Certificates and Safety Radiotelephony Certificates, as prescribed
    by the said Convention, and Exemption Certificates issued in lieu
    of such certificates, shall be issued."
      1954 - Act Aug. 13, 1954, Sec. 2(a)(1), amended credit to section
    by changing section number from "359" to "361" of act June 19,
    1934.
      Subsec. (b). Act Aug. 13, 1954, Sec. 2(f), amended subsection
    generally to provide, among other changes, that certificates of
    compliance be issued "upon request to any vessel" and to provide
    that safety radiotelegraph certificates and safety radiotelephony
    certificates and certain exemption certificates be issued by the
    Federal Communications Commission.

                              EFFECTIVE DATE                          
      Section effective May 20, 1937, see section 16 of act May 20,
    1937, set out as a note under section 351 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      Coast Guard transferred to Department of Transportation, and
    functions, powers, and duties relating to Coast Guard of Secretary
    of the Treasury and of all other officers and offices of Department
    of the Treasury transferred to Secretary of Transportation by Pub.
    L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section
    6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding
    such transfer of functions, Coast Guard shall operate as part of
    Navy in time of war or when President directs as provided in
    section 3 of Title 14, Coast Guard. See section 108 of Title 49,
    Transportation.

-End-

-CITE-
    47 USC Sec. 360                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

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

-STATUTE-
      (a) In addition to any other provisions required to be included
    in a radio station license, the station license of each ship of the
    United States subject to this subchapter shall include particulars
    with reference to the items specifically required by this
    subchapter.
      (b) Every ship of the United States that is subject to this part
    shall have the equipment and apparatus prescribed therein inspected
    at least once each year by the Commission or an entity designated
    by the Commission. If, after such inspection, the Commission is
    satisfied that all relevant provisions of this chapter and the
    station license have been complied with, the fact shall be so
    certified on the station license by the Commission. The Commission
    shall make such additional inspections at frequent intervals as the
    Commission determines may be necessary to ensure compliance with
    the requirements of this chapter. The Commission may, upon a
    finding that the public interest could be served thereby - 
        (1) waive the annual inspection required under this section for
      a period of up to 90 days for the sole purpose of enabling a
      vessel to complete its voyage and proceed to a port in the United
      States where an inspection can be held; or
        (2) waive the annual inspection required under this section for
      a vessel that is in compliance with the radio provisions of the
      Safety Convention and that is operating solely in waters beyond
      the jurisdiction of the United States: Provided, That such
      inspection shall be performed within 30 days of such vessel's
      return to the United States.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 362, formerly Sec. 360, as
    added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 196; renumbered
    Sec. 362, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706;
    amended Pub. L. 87-811, Oct. 15, 1962, 76 Stat. 922; Pub. L. 104-
    104, title IV, Sec. 403(n), Feb. 8, 1996, 110 Stat. 132.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (b), commences with section 351
    of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-104 amended subsec. (b)
    generally, revising structure of subsec. so as to contain 2 pars.
    and adding provisions relating to inspection by an entity
    designated by Commission, waiver of inspection for up to 90 days,
    and waiver for vessels in compliance with radio provisions of
    Safety Convention that are outside the jurisdiction of the United
    States.
      1962 - Subsec. (b). Pub. L. 87-811 empowered the Commission to
    waive the annual inspection from the time of first arrival at a
    United States port from a foreign port, for the sole purpose of
    enabling the vessel to proceed coastwise to another port in the
    United States where an inspection can be held, and limiting such
    waiver to not more than a period of 30 days.

                              EFFECTIVE DATE                          
      Section effective May 20, 1937, see section 16 of act May 20,
    1937, set out as a note under section 351 of this title.

-End-

-CITE-
    47 USC Sec. 361                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 361. Control by Commission; review of decisions

-STATUTE-
      Nothing in this subchapter shall be interpreted as lessening in
    any degree the control of the Commission over all matters connected
    with the radio equipment and its operation on shipboard and its
    decision and determination in regard to the radio requirements,
    installations, or exemptions from prescribed radio requirements
    shall be final, subject only to review in accordance with law.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 363, formerly Sec. 361, as
    added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 196; renumbered
    Sec. 363, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective May 20, 1937, see section 16 of act May 20,
    1937, set out as a note under section 351 of this title.

-End-

-CITE-
    47 USC Sec. 362                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 362. Forfeitures; recovery

-STATUTE-
      The following forfeitures shall apply to this part, in addition
    to the penalties and forfeitures provided by subchapter V of this
    chapter:
      (a) Any ship that leaves or attempts to leave any harbor or port
    of the United States in violation of the provisions of this part,
    or the rules and regulations of the Commission made in pursuance
    thereof, or any ship of the United States that is navigated outside
    of any harbor or port in violation of any of the provisions of this
    part, or the rules and regulations of the Commission made in
    pursuance thereof, shall forfeit to the United States the sum of
    $5,000, recoverable by way of suit or libel. Each such departure or
    attempted departure, and in the case of a ship of the United States
    each day during which such navigation occurs shall constitute a
    separate offense.
      (b) Every willful failure on the part of the master of a ship of
    the United States to enforce or to comply with the provisions of
    this chapter or the rules and regulations of the Commission as to
    equipment, operators, watches, or radio service shall cause him to
    forfeit to the United States the sum of $1,000.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 364, formerly Sec. 362, as
    added May 20, 1937, ch. 229, Sec. 10(b), 50 Stat. 196; renumbered
    Sec. 364, Aug. 13, 1954, ch. 729, Sec. 2(a)(1), 68 Stat. 706;
    amended Pub. L. 101-239, title III, Sec. 3002(g), Dec. 19, 1989,
    103 Stat. 2131.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, commences with section 351 of
    this title.

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (a). Pub. L. 101-239, Sec. 3002(g)(1), substituted
    "$5,000" for "$500".
      Subsec. (b). Pub. L. 101-239, Sec. 3002(g)(2), substituted
    "$1,000" for "$100".

                              EFFECTIVE DATE                          
      Section effective May 20, 1937, see section 16 of act May 20,
    1937, set out as a note under section 351 of this title.

-End-

-CITE-
    47 USC Sec. 363                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part II - Radio Equipment and Radio Operators On Board Ship

-HEAD-
    Sec. 363. Automated ship distress and safety systems

-STATUTE-
      Notwithstanding any provision of this chapter or any other
    provision of law or regulation, a ship documented under the laws of
    the United States operating in accordance with the Global Maritime
    Distress and Safety System provisions of the Safety of Life at Sea
    Convention shall not be required to be equipped with a radio
    telegraphy station operated by one or more radio officers or
    operators. This section shall take effect for each vessel upon a
    determination by the United States Coast Guard that such vessel has
    the equipment required to implement the Global Maritime Distress
    and Safety System installed and operating in good working
    condition.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 365, as added Pub. L. 104-
    104, title II, Sec. 206, Feb. 8, 1996, 110 Stat. 114.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    47 USC Part III - Radio Installations on Vessels Carrying
           Passengers for Hire                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part III - Radio Installations on Vessels Carrying Passengers for
                Hire                                

-HEAD-
     PART III - RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR
                                   HIRE

-End-

-CITE-
    47 USC Sec. 381                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part III - Radio Installations on Vessels Carrying Passengers for
                Hire                                

-HEAD-
    Sec. 381. Vessels transporting more than six passengers for hire
      required to be equipped with radiotelephone

-STATUTE-
      Except as provided in section 382 of this title, it shall be
    unlawful for any vessel of the United States, transporting more
    than six passengers for hire, to be navigated in the open sea or
    any tidewater within the jurisdiction of the United States adjacent
    or contiguous to the open sea, unless such vessel is equipped with
    an efficient radiotelephone installation in operating condition.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 381, as added Aug. 6,
    1956, ch. 973, Sec. 1, 70 Stat. 1047; amended Pub. L. 103-414,
    title III, Sec. 303(a)(20)(A), Oct. 25, 1994, 108 Stat. 4295.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-414 inserted section catchline.

                              EFFECTIVE DATE                          
      Section 4 of act Aug. 6, 1956, provided that: "The amendments
    made herein [enacting this part and amending sections 153 and 504
    of this title] shall take effect March 1, 1957."

-End-

-CITE-
    47 USC Sec. 382                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part III - Radio Installations on Vessels Carrying Passengers for
                Hire                                

-HEAD-
    Sec. 382. Vessels excepted from radiotelephone requirement

-STATUTE-
      The provisions of this part shall not apply to - 
        (1) vessels which are equipped with a radio installation in
      accordance with the provisions of part II of this subchapter, or
      in accordance with the radio requirements of the Safety
      Convention; and
        (2) vessels of the United States belonging to and operated by
      the Government, and
        (3) vessels navigating on the Great Lakes.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 382, as added Aug. 6,
    1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 103-414,
    title III, Sec. 303(a)(20)(B), Oct. 25, 1994, 108 Stat. 4295; Pub.
    L. 104-104, title IV, Sec. 403(h)(2), Feb. 8, 1996, 110 Stat. 131.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part II of this subchapter, referred to in par. (1), is
    classified to section 351 et seq. of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Par. (2). Pub. L. 104-104 struck out "except a vessel of
    the United States Maritime Administration, the Inland and Coastwise
    Waterways Service, or the Panama Canal Company," after "the
    Government,".
      1994 - Pub. L. 103-414 inserted section catchline.

                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1957, see section 4 of act Aug. 6,
    1956, set out as a note under section 381 of this title.

-End-

-CITE-
    47 USC Sec. 383                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part III - Radio Installations on Vessels Carrying Passengers for
                Hire                                

-HEAD-
    Sec. 383. Exemptions by Commission

-STATUTE-
      The Commission shall exempt from the provisions of this part any
    vessel, or class of vessels, in the case of which the route or
    conditions of the voyage, or other conditions or circumstances, are
    such as to render a radio installation unreasonable, unnecessary,
    or ineffective, for the purposes of this chapter.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 383, as added Aug. 6,
    1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 103-414,
    title III, Sec. 303(a)(20)(C), Oct. 25, 1994, 108 Stat. 4295.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-414 inserted section catchline.

                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1957, see section 4 of act Aug. 6,
    1956, set out as a note under section 381 of this title.

-End-

-CITE-
    47 USC Sec. 384                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part III - Radio Installations on Vessels Carrying Passengers for
                Hire                                

-HEAD-
    Sec. 384. Authority of Commission; operations, installations, and
      additional equipment

-STATUTE-
      The Commission shall have authority with respect to any vessel
    subject to this part - 
        (1) to specify operating and technical conditions and
      characteristics including frequencies, emissions, power,
      communication capability and range, of installations required by
      reason of this part;
        (2) to approve the details as to the location and manner of
      installation of the equipment required by this part; or of
      equipment necessitated by reason of the purposes and requirements
      of this part;
        (3) to approve installations, apparatus and spare parts
      necessary to comply with the purposes and requirements of this
      part;
        (4) to prescribe such additional equipment as may be determined
      to be necessary to supplement that specified herein for the
      proper functioning of the radio installation installed in
      accordance with this part or for the proper conduct of radio
      communication in time of emergency or distress.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 384, as added Aug. 6,
    1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 103-414,
    title III, Sec. 303(a)(20)(D), Oct. 25, 1994, 108 Stat. 4295.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-414 inserted section catchline.

                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1957, see section 4 of act Aug. 6,
    1956, set out as a note under section 381 of this title.

-End-

-CITE-
    47 USC Sec. 385                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part III - Radio Installations on Vessels Carrying Passengers for
                Hire                                

-HEAD-
    Sec. 385. Inspections

-STATUTE-
      The Commission or an entity designated by the Commission shall
    make such inspections as may be necessary to insure compliance with
    the requirements of this part. In accordance with such other
    provisions of law as apply to Government contracts, the Commission
    may enter into contracts with any person for the purpose of
    carrying out such inspections and certifying compliance with those
    requirements, and may, as part of any such contract, allow any such
    person to accept reimbursement from the license holder for travel
    and expense costs of any employee conducting an inspection or
    certification.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 385, as added Aug. 6,
    1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 103-414,
    title III, Sec. 303(a)(20)(E), Oct. 25, 1994, 108 Stat. 4295; Pub.
    L. 104-104, title IV, Sec. 403(o), Feb. 8, 1996, 110 Stat. 132.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-104 inserted "or an entity designated by the
    Commission" after "The Commission" and inserted at end "In
    accordance with such other provisions of law as apply to Government
    contracts, the Commission may enter into contracts with any person
    for the purpose of carrying out such inspections and certifying
    compliance with those requirements, and may, as part of any such
    contract, allow any such person to accept reimbursement from the
    license holder for travel and expense costs of any employee
    conducting an inspection or certification."
      1994 - Pub. L. 103-414 inserted section catchline.

                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1957, see section 4 of act Aug. 6,
    1956, set out as a note under section 381 of this title.

-End-

-CITE-
    47 USC Sec. 386                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part III - Radio Installations on Vessels Carrying Passengers for
                Hire                                

-HEAD-
    Sec. 386. Forfeitures

-STATUTE-
      The following forfeitures shall apply to this part in addition to
    penalties and forfeitures provided by subchapter V of this chapter:
      (a) Any vessel of the United States that is navigated in
    violation of the provisions of this part or of the rules and
    regulations of the Commission made in pursuance thereof shall
    forfeit to the United States the sum of $5,000 recoverable by way
    of suit or libel. Each day during which such navigation occurs
    shall constitute a separate offense.
      (b) Every willful failure on the part of the master of a vessel
    of the United States to enforce or to comply with the provisions of
    this part or the rules and regulations of the Commission made in
    pursuance thereof shall cause him to forfeit to the United States
    the sum of $1,000.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 386, as added Aug. 6,
    1956, ch. 973, Sec. 1, 70 Stat. 1048; amended Pub. L. 101-239,
    title III, Sec. 3002(h), Dec. 19, 1989, 103 Stat. 2131; Pub. L. 103-
    414, title III, Sec. 303(a)(20)(F), Oct. 25, 1994, 108 Stat.
    4295.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-414 inserted section catchline.
      1989 - Subsec. (a). Pub. L. 101-239, Sec. 3002(h)(1), substituted
    "$5,000" for "$500".
      Subsec. (b). Pub. L. 101-239, Sec. 3002(h)(2), substituted
    "$1,000" for "$100".

                              EFFECTIVE DATE                          
      Section effective Mar. 1, 1957, see section 4 of act Aug. 6,
    1956, set out as a note under section 381 of this title.

-End-

-CITE-
    47 USC Part IV - Assistance for Planning and Construction
           of Public Telecommunications Facilities;
           Telecommunications Demonstrations;
           Corporation for Public Broadcasting; General
           Provisions                                      01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    

-HEAD-
       PART IV - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC
     TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS;
          CORPORATION FOR PUBLIC BROADCASTING; GENERAL PROVISIONS

-End-

-CITE-
    47 USC subpart a - assistance for planning and
           construction of public telecommunications
           facilities                                      01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart a - assistance for planning and construction of public
                 telecommunications facilities     

-HEAD-
      SUBPART A - ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC
                       TELECOMMUNICATIONS FACILITIES

-End-

-CITE-
    47 USC Sec. 390                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart a - assistance for planning and construction of public
                 telecommunications facilities     

-HEAD-
    Sec. 390. Declaration of purpose

-STATUTE-
      The purpose of this subpart is to assist, through matching
    grants, in the planning and construction of public
    telecommunications facilities in order to achieve the following
    objectives: (1) extend delivery of public telecommunications
    services to as many citizens of the United States as possible by
    the most efficient and economical means, including the use of
    broadcast and nonbroadcast technologies; (2) increase public
    telecommunications services and facilities available to, operated
    by, and owned by minorities and women; and (3) strengthen the
    capability of existing public television and radio stations to
    provide public telecommunications services to the public.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 390, as added Pub. L. 87-
    447, May 1, 1962, 76 Stat. 64; amended Pub. L. 90-129, title I,
    Sec. 103(a), title II, Sec. 201(2), Nov. 7, 1967, 81 Stat. 365,
    367; Pub. L. 94-309, Sec. 2(c), June 5, 1976, 90 Stat. 683; Pub. L.
    95-567, title I, Sec. 101, Nov. 2, 1978, 92 Stat. 2405.)

-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-567 expanded scope of section to authorize
    construction financing for telecommunications facilities other than
    television and radio broadcasting, and assistance in the planning,
    as well as the construction, of such facilities, and substituted
    provisions relating to the objectives of this subpart for former
    provision relating to the demonstration of the use of
    telecommunication technologies for the distribution of information.
      1976 - Pub. L. 94-309 designated existing phrase relating to
    assistance in the construction of noncommercial educational
    broadcasting facilities as cl. (1) and added cl. (2).
      1967 - Pub. L. 90-129 inserted "noncommercial" and "or radio" and
    substituted "subpart" for "part", respectively.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 403 of Pub. L. 95-567 provided that: "The provisions of
    this Act [enacting section 395 of this title, amending this section
    and sections 391, 392, 393, 394, and 396 to 398 of this title,
    repealing sections 392a and 395 of this title, and enacting
    provisions set out as notes under this section, sections 392 and
    396 of this title, and section 5316 of Title 5, Government
    Organization and Employees], and the amendments made by this Act,
    shall take effect on the date of the enactment of this Act [Nov. 2,
    1978]."

                                  GRANTS                              
      Pub. L. 100-584, Sec. 3, Nov. 3, 1988, 102 Stat. 2970, provided
    that: "The Administrator [of the National Telecommunications and
    Information Administration] shall enter into discussions with the
    Federal Communications Commission for the purposes of determining
    the feasibility of awarding public telecommunications facilities
    program grants for low-power television stations and television
    translator stations on a conditional basis pending the award by the
    Commission of licenses for such stations. The Administrator shall
    also work with the Commission to establish a schedule for the
    expedited and coordinated consideration, on a regular basis, of
    future grant requests and license applications for low-power
    television stations and television translator stations. The
    Administrator shall, within ninety days after the date of enactment
    of this Act [Nov. 3, 1988], report to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Energy and Commerce of the House of Representatives on the progress
    made in carrying out the requirements of this section."

            STUDY OF EDUCATIONAL AND INSTRUCTIONAL BROADCASTING        
      Pub. L. 90-129, title III, Secs. 301-303, Nov. 7, 1967, 81 Stat.
    373, authorized the Secretary of Health, Education, and Welfare to
    conduct, directly or by contract, and in consultation with other
    interested Federal agencies, a comprehensive study of instructional
    television and radio (including broadcast, closed circuit,
    community antenna television, and instructional television fixed
    services and two-way communication of data links and computers) and
    their relationship to each other and to instructional materials
    such as videotapes, films, discs, computers, and other educational
    materials or devices, and such other aspects thereof as may be of
    assistance in determining whether and what Federal aid should be
    provided for instructional radio and television and the form that
    aid should take, and which may aid communities, institutions, or
    agencies in determining whether and to what extent such activities
    should be used. The study was required to be submitted to the
    President for transmittal to the Congress on or before June 30,
    1969.

-End-

-CITE-
    47 USC Sec. 391                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart a - assistance for planning and construction of public
                 telecommunications facilities     

-HEAD-
    Sec. 391. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated $42,000,000 for each of
    the fiscal years 1992, 1993, and 1994, to be used by the Secretary
    of Commerce to assist in the planning and construction of public
    telecommunications facilities as provided in this subpart. Sums
    appropriated under this subpart for any fiscal year shall remain
    available until expended for payment of grants for projects for
    which applications approved by the Secretary pursuant to this
    subpart have been submitted within such fiscal year. Sums
    appropriated under this subpart may be used by the Secretary to
    cover the cost of administering the provisions of this subpart.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 391, as added Pub. L. 87-
    447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90-129, title I,
    Sec. 101, Nov. 7, 1967, 81 Stat. 365; Pub. L. 91-97, Sec. 2, Oct.
    27, 1969, 83 Stat. 146; Pub. L. 92-411, Sec. 2, Aug. 29, 1972, 86
    Stat. 643; Pub. L. 93-84, Sec. 1(c), Aug. 6, 1973, 87 Stat. 219;
    Pub. L. 94-309, Sec. 3, June 5, 1976, 90 Stat. 683; Pub. L. 95-567,
    title I, Sec. 102, Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97-35,
    title XII, Sec. 1222, Aug. 13, 1981, 95 Stat. 725; Pub. L. 99-272,
    title V, Sec. 5001(a), Apr. 7, 1986, 100 Stat. 117; Pub. L. 100-
    626, Sec. 2, Nov. 7, 1988, 102 Stat. 3207; Pub. L. 102-356, Sec.
    2, Aug. 26, 1992, 106 Stat. 949.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-356 substituted provisions authorizing
    appropriations of $42,000,000 for each of the fiscal years 1992,
    1993, and 1994 for provisions authorizing appropriations of
    $40,000,000 for each of the fiscal years 1979, 1980, and 1981,
    $20,000,000 for fiscal year 1982, $15,000,000 for fiscal year 1983,
    $12,000,000 for fiscal year 1984, $24,000,000 for fiscal year 1986,
    $28,000,000 for fiscal year 1987, $32,000,000 for fiscal year 1988,
    $36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990,
    and $42,000,000 for fiscal year 1991.
      1988 - Pub. L. 100-626 struck out "and" after "fiscal year 1987,"
    and inserted "$36,000,000 for fiscal year 1989, $39,000,000 for
    fiscal year 1990, and $42,000,000 for fiscal year 1991," after
    "fiscal year 1988,".
      1986 - Pub. L. 99-272 struck out "and" after "1983," and inserted
    ", $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year
    1987, and $32,000,000 for fiscal year 1988," after "1984,".
      1981 - Pub. L. 97-35 inserted provisions authorizing
    appropriations for fiscal years 1982, 1983, and 1984 of
    $20,000,000, $15,000,000, and $12,000,000, respectively.
      1978 - Pub. L. 95-567 substituted provisions authorizing
    appropriations of $40,000,000 for fiscal years 1979 to 1981 for
    provisions authorizing appropriations of $7,500,000 for July 1,
    1976 through September 30, 1976 and $30,000,000 for fiscal year
    ending September 30, 1977, provision that such funds would remain
    available until expended for provision that such funds would remain
    available for one year after the last day of the fiscal year, and
    also made allowance for the funds to be used for the cost of
    administering this section.
      1976 - Pub. L. 94-309 substituted provision authorizing
    appropriation of $7,500,000 for period July 1, 1976, through
    September 30, 1976, and $30,000,000 for fiscal year ending
    September 30, 1977, to assist (through matching grants) in the
    construction of noncommercial educational television or radio
    broadcasting facilities as provided in this subpart and provision
    that sums appropriated under this section for any fiscal year or
    period shall remain available for payment of grants for projects
    for which applications approved under section 392 of this title
    have been submitted under such section within one year after the
    last day of such fiscal year or period for provision authorizing
    appropriation for fiscal year ending June 30, 1974 and for the
    succeeding fiscal year such sums not to exceed $25,000,000 for
    fiscal year ending June 30, 1974, and $30,000,000 for the
    succeeding fiscal year, as may be necessary to carry out the
    purposes of section 390 of this title and provision that sums
    appropriated under this section for any fiscal year shall remain
    available for payment of grants for projects for which applications
    approved under section 392 of this title have been submitted under
    such section prior to the end of the succeeding fiscal year,
    respectively.
      1973 - Pub. L. 93-84 substituted authorization of appropriation
    of amounts not exceeding $25,000,000 and $30,000,000 for fiscal
    year ending June 30, 1974 and the succeeding fiscal year,
    respectively, for authorization of appropriation of amount not
    exceeding $25,000,000 for fiscal year ending June 30, 1973.
      1972 - Pub. L. 92-411 substituted authorization of appropriation
    of $25,000,000 for fiscal year ending June 30, 1973, for
    authorization of $15,000,000 for such year, and struck out
    authorization of appropriations for fiscal years 1963 to 1972.
      1969 - Pub. L. 91-97 authorized appropriations of $15,000,000 for
    fiscal year ending June 30, 1971, and for each of the two
    succeeding fiscal years, and extended date for submission of
    applications from "prior to July 1, 1971" to "prior to July 1,
    1974".
      1967 - Pub. L. 90-129 authorized appropriations of $10,500,000,
    and $12,500,000, and $15,000,000 for fiscal years ending June 30,
    1968, 1969, and 1970, and extended date for submission of
    applications from "prior to July 1, 1968", to "prior to July 1,
    1971".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 12 of Pub. L. 100-626 provided that: "This Act and the
    amendments made by this Act [amending this section and sections
    396, 398, 399, and 605 of this title and enacting provisions set
    out as notes under sections 396 and 609 of this title] are
    effective on the date of enactment of this Act [Nov. 7, 1988],
    except that the amendments made by sections 6 and 7(d) [amending
    section 396 of this title] are effective on October 1, 1989."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section
    403 of Pub. L. 95-567, set out as a note under section 390 of this
    title.

-End-

-CITE-
    47 USC Sec. 392                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart a - assistance for planning and construction of public
                 telecommunications facilities     

-HEAD-
    Sec. 392. Grants for construction

-STATUTE-
    (a) Applications for grants
      For each project for the construction of public
    telecommunications facilities there shall be submitted to the
    Secretary an application for a grant containing such information
    with respect to such project as the Secretary may require,
    including the total cost of such project, the amount of the grant
    requested for such project, and a 5-year plan outlining the
    applicant's projected facilities requirements and the projected
    costs of such facilities requirements. Each applicant shall also
    provide assurances satisfactory to the Secretary that - 
        (1) the applicant is (A) a public broadcast station; (B) a
      noncommercial telecommunications entity; (C) a system of public
      telecommunications entities; (D) a nonprofit foundation,
      corporation, institution, or association organized primarily for
      educational or cultural purposes; or (E) a State or local
      government (or any agency thereof), or a political or special
      purpose subdivision of a State;
        (2) the operation of such public telecommunications facilities
      will be under the control of the applicant;
        (3) necessary funds to construct, operate, and maintain such
      public telecommunications facilities will be available when
      needed;
        (4) such public telecommunications facilities will be used
      primarily for the provision of public telecommunications
      services, and that the use of such public telecommunications
      facilities for purposes other than the provision of public
      telecommunications services will not interfere with the provision
      of such public telecommunications services as required in this
      part;
        (5) the applicant has participated in comprehensive planning
      for such public telecommunications facilities in the area which
      the applicant proposes to serve, and such planning has included
      an evaluation of alternate technologies and coordination with
      State educational television and radio agencies, as appropriate;
      and
        (6) the applicant will make the most efficient use of the
      grant.
    (b) Amount of grant
      Upon approving any application under this section with respect to
    any project for the construction of public telecommunications
    facilities, the Secretary shall make a grant to the applicant in an
    amount determined by the Secretary, except that such amount shall
    not exceed 75 percent of the amount determined by the Secretary to
    be the reasonable and necessary cost of such project.
    (c) Information and assurances
      The Secretary may provide such funds as the Secretary deems
    necessary for the planning of any project for which construction
    funds may be obtained under this section. An applicant for a
    planning grant shall provide such information with respect to such
    project as the Secretary may require and shall provide assurances
    satisfactory to the Secretary that the applicant meets the eligible
    requirements of subsection (a) of this section to receive
    construction assistance.
    (d) Studies
      Any studies conducted by or for any grant recipient under this
    section shall be provided to the Secretary, if such studies are
    conducted through the use of funds received under this section.
    (e) Rules and regulations
      The Secretary shall establish such rules and regulations as may
    be necessary to carry out this subpart, including rules and
    regulations relating to the order of priority in approving
    applications for construction projects and relating to determining
    the amount of each grant for such projects.
    (f) Minorities and women
      In establishing criteria for grants pursuant to section 393 of
    this title and in establishing procedures relating to the order of
    priority established in subsection (e) of this section in approving
    applications for grants, the Secretary shall give special
    consideration to applications which would increase minority and
    women's ownership of, operation of, and participation in public
    telecommunications entities. The Secretary shall take affirmative
    steps to inform minorities and women of the availability of funds
    under this subpart, and the localities where new public
    telecommunications facilities are needed, and to provide such other
    assistance and information as may be appropriate.
    (g) Recovering funds
      If, within 10 years after completion of any project for
    construction of public telecommunications facilities with respect
    to which a grant has been made under this section - 
        (1) the applicant or other owner of such facilities ceases to
      be an agency, institution, foundation, corporation, association,
      or other entity described in subsection (a)(1) of this section;
      or
        (2) such facilities cease to be used primarily for the
      provision of public telecommunications services (or the use of
      such public telecommunications facilities for purposes other than
      the provision of public telecommunications services interferes
      with the provision of such public telecommunications services as
      required in this part);

    the United States shall be entitled to recover from the applicant
    or other owner of such facilities the amount bearing the same ratio
    to the value of such facilities at the time the applicant ceases to
    be such an entity or at the time of such determination (as
    determined by agreement of the parties or by action brought in the
    United States district court for the district in which such
    facilities are situated), as the amount of the Federal
    participation bore to the cost of construction of such facilities.
    (h) Recordkeeping requirements
      Each recipient of assistance under this subpart shall keep such
    records as may be reasonably necessary to enable the Secretary to
    carry out the functions of the Secretary under this subpart,
    including a complete and itemized inventory of all public
    telecommunications facilities under the control of such recipient,
    and records which fully disclose the amount and the disposition by
    such recipient of the proceeds of such assistance, the total cost
    of the project in connection with which such assistance is given or
    used, the amount and nature of that portion of the cost of the
    project supplied by other sources, and such other records as will
    facilitate an effective audit.
    (i) Accessibility of records
      The Secretary and the Comptroller General of the United States,
    or any of their duly authorized representatives, shall have access
    for the purpose of audit and examination to any books, documents,
    papers, and records of any recipient of assistance under this
    subpart that are pertinent to assistance received under this
    subpart.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 392, as added Pub. L. 87-
    447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90-129, title I,
    Secs. 102, 103(b)-(e), 104, Nov. 7, 1967, 81 Stat. 365-367; Pub. L.
    94-309, Sec. 4, June 5, 1976, 90 Stat. 683; Pub. L. 95-567, title
    I, Sec. 103(a), Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97-35, title
    XII, Sec. 1223, Aug. 13, 1981, 95 Stat. 725.)

-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (a)(4). Pub. L. 97-35, Sec. 1223(a), inserted
    provisions relating to noninterference of facilities with services
    required under this part, and substituted "primarily" for "only".
      Subsec. (g)(2). Pub. L. 97-35, Sec. 1223(b), substituted
    "primarily" for "only", and provisions relating to interference of
    uses of facilities for provisions relating to good cause for
    release of applicant or owner from requirements.
      1978 - Pub. L. 95-567 completely revised and restructured
    existing provisions, inserting provisions requiring applicant to
    submit a 5 year plan, allowing nonprofit educational or cultural
    groups to apply for grants, authorizing the Secretary to make
    grants up to 75 percent of the cost, establishing rules and
    regulations for approving grants and administering grants made
    before, on or after Nov. 2, 1978, and striking out provisions for
    an 8 1/2  percent limit on grants and criteria for awarding grants.
      1976 - Subsec. (a)(1)(C). Pub. L. 94-309, Sec. 4(a), substituted
    "a public or private nonprofit college or university or other
    educational or cultural institution which is affiliated with an
    eligible college or university" for "a college or university
    deriving its support in whole or in part from tax revenues".
      Subsec. (d). Pub. L. 94-309, Sec. 4(b), substituted separate
    provisions relating to grant criteria for television and for radio
    in place of single provision that Secretary shall base his
    determinations of whether to approve applications for grants and
    the amount of grants on criteria set forth in regulations and
    designed to achieve, with respect to noncommercial educational
    television channels, prompt and effective use of all such channels
    remaining available and, with respect to noncommercial educational
    television and radio broadcasting facilities, equitable
    geographical distribution of such facilities throughout the States
    and provision of such facilities which will serve the greatest
    number of persons in as many areas as possible and which are
    adaptable to the broadest educational uses.
      1967 - Subsec. (a). Pub. L. 90-129, Sec. 103(b)(1), inserted
    "noncommercial" and "or radio" in introductory text.
      Subsec. (a)(1)(B). Pub. L. 90-129, Sec. 103(b)(2), required the
    State educational television agency applicant for a television
    facilities project to be a noncommercial agency and inserted
    requirement that applicant for a radio facilities project be a
    State educational radio agency.
      Subsec. (a)(1)(D). Pub. L. 90-129, Sec. 103(b)(3), designated
    existing provisions as cl. (i), made such cl. (i) applicable to
    television facilities projects and noncommercial television, and
    added cl. (ii) and provision for applicant meeting both television
    and radio broadcasting requirements.
      Subsec. (a)(1)(E). Pub. L. 90-129, Sec. 103(b)(4), added cl. (E).
      Subsec. (a)(2) to (4). Pub. L. 90-129, Sec. 103(b)(5), struck out
    "television" before "broadcasting facilities" wherever appearing.
      Subsec. (a)(5). Pub. L. 90-129, Sec. 103(b)(6), added par. (5).
      Subsec. (b). Pub. L. 90-129, Sec. 102, substituted limitation on
    grants for construction of noncommercial educational television and
    radio broadcasting facilities in any State to 8 1/2  per centum of
    fiscal year appropriation for former $1,000,000 limitation for
    construction of educational television broadcasting facilities in
    any State.
      Subsec. (c). Pub. L. 90-129, Sec. 103(c), designated existing
    provisions as par. (1), restricted such provisions to noncommercial
    educational television broadcasting facilities, and added par. (2).
      Subsec. (d). Pub. 90-129, Sec. 103(d), inserted in cls. (2) and
    (3) "noncommercial" and "or noncommercial educational radio
    broadcasting facilities, as the case may be," before and after
    "educational television broadcasting facilities", respectively.
      Subsec. (e). Pub. L. 90-129, Sec. 104, increased the maximum
    Federal share in the cost of constructing educational broadcasting
    facilities from 50 to 75 percent, eliminated the additional credit,
    formerly allowed the grantee, of 25 percent of the cost of
    facilities owned by the applicant on the date his application is
    filed, eliminated the prohibition against using not more than 15
    percent of a grant for the acquisition and installation of
    interconnection facilities, microwave equipment, boosters,
    translators, and repeaters, and provided for payment of cost of the
    project from the sum available therefor.
      Subsec. (f). Pub. L. 90-129, Sec. 103(e), inserted "or radio" in
    introductory text and, in par. (2), "noncommercial" and "or
    noncommercial educational radio purposes, as the case may be"
    before and after "educational television purposes", respectively.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section
    403 of Pub. L. 95-567, set out as a note under section 390 of this
    title.

                     EFFECTIVE DATE OF 1967 AMENDMENT                 
      Section 102 of Pub. L. 90-129 provided that the amendment made by
    that section is effective with respect to grants made from
    appropriations for any fiscal year beginning after June 30, 1967.

                         ADMINISTRATION OF GRANTS                     
      Section 103(b) of Pub. L. 95-567 provided that:
      "(1) The provisions of section 392(g) of the Communications Act
    of 1934 [subsec. (g) of this section], as added by subsection (a),
    shall apply to any grant made under section 392 of such Act [this
    section] before, on, or after the date of the enactment of this Act
    [Nov. 2, 1978]. Any authority and responsibilities of the Secretary
    of Health, Education, and Welfare regarding the administration of
    such grants are hereby transferred to the Secretary of Commerce.
      "(2) Subject to the provisions of section 202 of the Budget and
    Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C.
    1531], the following are hereby transferred to the Secretary of
    Commerce for appropriate allocation - 
        "(A) the personnel employed in connection with or in support
      of, or as an integral part of the mission of, the functions
      transferred to the Secretary of Commerce from the Secretary of
      Health, Education, and Welfare by paragraph (1); and
        "(B) the assets, liabilities, contracts, property, records, and
      unexpended balances of appropriations, allocations, and other
      funds employed, held, used, arising from, available for, or to be
      made available for, or in connection with, the functions
      described in subparagraph (A).
    Unexpended funds transferred pursuant to this paragraph shall be
    used only for the purposes for which the funds originally were
    authorized and appropriated.
      "(3) The Director of the Office of Management and Budget, in
    consultation with the Secretary of Commerce and the Secretary of
    Health, Education, and Welfare, shall - 
        "(A) make such determinations as may be necessary with regard
      to the transfer of the functions transferred to the Secretary of
      Commerce from the Secretary of Health, Education, and Welfare by
      paragraph (1); and
        "(B) make such additional incidental dispositions of personnel,
      assets, liabilities, contracts, property, records, and unexpended
      balances of appropriations, allocations, and other funds
      employed, held, used, arising from, available for, or to be made
      available for, or in connection with, the functions described in
      subparagraph (A);
    as the Director may deem necessary to accomplish the purposes of
    this Act [see Short Title of 1978 Amendment note set out under
    section 609 of this title] and the amendments made by this Act."

-End-

-CITE-
    47 USC Sec. 392a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart a - assistance for planning and construction of public
                 telecommunications facilities     

-HEAD-
    Sec. 392a. Repealed. Pub. L. 95-567, title II, Sec. 201, Nov. 2,
      1978, 92 Stat. 2409

-MISC1-
      Section, act June 19, 1934, ch. 652, title III, Sec. 392A, as
    added June 5, 1976, Pub. L. 94-309, Sec. 8, 90 Stat. 685, related
    to demonstrations of telecommunications, grants and contracts.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Nov. 2, 1978, see section 403 of Pub. L. 95-567,
    set out as an Effective Date of 1978 Amendment note under section
    390 of this title.

-End-

-CITE-
    47 USC Sec. 393                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart a - assistance for planning and construction of public
                 telecommunications facilities     

-HEAD-
    Sec. 393. Criteria for approval and expenditures by Secretary

-STATUTE-
    (a) Construction and planning grants
      The Secretary, in consultation with the Corporation, public
    telecommunications entities, and as appropriate with others, shall
    establish criteria for making construction and planning grants.
    Such criteria shall be consistent with the objectives and
    provisions set forth in this subpart, and shall be made available
    to interested parties upon request.
    (b) Basis for determination
      The Secretary shall base determinations of whether to approve
    applications for grants under this subpart, and the amount of such
    grants, on criteria developed pursuant to subsection (a) of this
    section and designed to achieve - 
        (1) the provision of new telecommunications facilities to
      extend service to areas currently not receiving public
      telecommunications services;
        (2) the expansion of the service areas of existing public
      telecommunications entities;
        (3) the development of public telecommunications facilities
      owned by, operated by, and available to minorities and women; and
        (4) the improvement of the capabilities of existing public
      broadcast stations to provide public telecommunications services,
      including services to underserved audiences such as deaf and
      hearing impaired individuals and blind and visually impaired
      individuals.
    (c) Noncommercial radio broadcast station facilities
      Of the sums appropriated pursuant to section 391 of this title
    for any fiscal year, a substantial amount shall be available for
    the expansion and development of noncommercial radio broadcast
    station facilities.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 393, as added Pub. L. 87-
    447, May 1, 1962, 76 Stat. 66; amended Pub. L. 90-129, title II,
    Sec. 201(2), Nov. 7, 1967, 81 Stat. 367; Pub. L. 95-567, title I,
    Sec. 104, Nov. 2, 1978, 92 Stat. 2408; Pub. L. 99-272, title V,
    Sec. 5001(b), Apr. 7, 1986, 100 Stat. 117; Pub. L. 102-356, Sec. 3,
    Aug. 26, 1992, 106 Stat. 949.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(4). Pub. L. 102-356 inserted before period at
    end ", including services to underserved audiences such as deaf and
    hearing impaired individuals and blind and visually impaired
    individuals".
      1986 - Subsecs. (c), (d). Pub. L. 99-272 redesignated subsec. (d)
    as (c) and struck out former subsec. (c) relating to extension of
    services to new areas.
      1978 - Pub. L. 95-567 amended section generally, striking out
    provisions dealing with keeping records and access to records by
    Secretary and Comptroller General and inserting provisions dealing
    with criteria for approval and expenditures by Secretary. See
    sections 392(h) and 395(h) of this title.
      1967 - Pub. L. 90-129 substituted "subpart" for "part" wherever
    appearing.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section
    403 of Pub. L. 95-567, set out as a note under section 390 of this
    title.

-End-

-CITE-
    47 USC Sec. 393a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart a - assistance for planning and construction of public
                 telecommunications facilities     

-HEAD-
    Sec. 393a. Long-range planning for facilities

-STATUTE-
      (a) The Secretary, in consultation with the Corporation, public
    telecommunications entities, and as appropriate with other parties,
    shall develop a long-range plan to accomplish the objectives set
    forth in section 390 of this title. Such plan shall include a
    detailed 5-year projection of the broadcast and nonbroadcast public
    telecommunications facilities required to meet such objectives, and
    the expenditures necessary to provide such facilities.
      (b) Repealed. Pub. L. 104-66, title I, Sec. 1021(a), Dec. 21,
    1995, 109 Stat. 712.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 393A, formerly Sec. 396,
    as added Pub. L. 87-447, May 1, 1962, 76 Stat. 67; renumbered Sec.
    394 and amended Pub. L. 90-129, title II, Sec. 201(2), (4), Nov. 7,
    1967, 81 Stat. 367; Pub. L. 95-567, title I, Sec. 105, Nov. 2,
    1978, 92 Stat. 2409; renumbered Sec. 393A, Pub. L. 101-437, title
    II, Sec. 203(a)(1), Oct. 17, 1990, 104 Stat. 998; Pub. L. 104-66,
    title I, Sec. 1021(a), Dec. 21, 1995, 109 Stat. 712.)

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (b). Pub. L. 104-66 struck out subsec. (b) which
    read as follows: "The plan required in subsection (a) of this
    section shall be updated annually, and a summary of the activities
    of the Secretary in implementing the plan, shall be submitted
    concurrently to the President and the Congress not later than the
    31st day of December of each year."
      1978 - Pub. L. 95-567 substituted provisions dealing with long-
    range planning for facilities for provisions authorizing the
    Secretary to establish rules and regulations necessary for this
    subpart. See section 392(e) of this title.
      1967 - Pub. L. 90-129, Sec. 201(2), substituted "subpart" for
    "part".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section
    403 of Pub. L. 95-567, set out as a note under section 390 of this
    title.

-End-

-CITE-
    47 USC subpart b - national endowment for children's
           educational television                          01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart b - national endowment for children's educational television

-HEAD-
         SUBPART B - NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL
                                TELEVISION

-End-

-CITE-
    47 USC Sec. 394                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart b - national endowment for children's educational television

-HEAD-
    Sec. 394. Establishment of National Endowment

-STATUTE-
    (a) Purpose
      It is the purpose of this section to enhance the education of
    children through the creation and production of television
    programming specifically directed toward the development of
    fundamental intellectual skills.
    (b) Establishment; contracts and grants
      (1) There is established, under the direction of the Secretary, a
    National Endowment for Children's Educational Television. In
    administering the National Endowment, the Secretary is authorized
    to - 
        (A) contract with the Corporation for the production of
      educational television programming for children; and
        (B) make grants directly to persons proposing to create and
      produce educational television programming for children.

    The Secretary shall consult with the Advisory Council on Children's
    Educational Television in the making of the grants or the awarding
    of contracts for the purpose of making the grants.
      (2) Contracts and grants under this section shall be made on the
    condition that the programming shall - 
        (A) during the first two years after its production, be made
      available only to public television licensees and permittees and
      noncommercial television licensees and permittees; and
        (B) thereafter be made available to any commercial television
      licensee or permittee or cable television system operator, at a
      charge established by the Secretary that will assure the maximum
      practicable distribution of such programming, so long as such
      licensee, permittee, or operator does not interrupt the
      programming with commercial advertisements.

    The Secretary may, consistent with the purpose and provisions of
    this section, permit the programming to be distributed to persons
    using other media, establish conditions relating to such
    distribution, and apply those conditions to any contract or grant
    made under this section. The Secretary may waive the requirements
    of subparagraph (A) if the Secretary finds that neither public
    television licensees and permittees nor noncommercial television
    licensees and permittees will have an opportunity to air such
    programming in the first two years after its production.
    (c) Criteria for contracts and grants; applications for contracts
      and grants
      (1) The Secretary, with the advice of the Advisory Council on
    Children's Educational Television, shall establish criteria for
    making contracts and grants under this section. Such criteria shall
    be consistent with the purpose and provisions of this section and
    shall be made available to interested parties upon request. Such
    criteria shall include - 
        (A) criteria to maximize the amount of programming that is
      produced with the funds made available by the Endowment;
        (B) criteria to minimize the costs of - 
          (i) selection of grantees,
          (ii) administering the contracts and grants, and
          (iii) the administrative costs of the programming production;
        and

        (C) criteria to otherwise maximize the proportion of funds made
      available by the Endowment that are expended for the cost of
      programming production.

      (2) Applications for grants under this section shall be submitted
    to the Secretary in such form and containing such information as
    the Secretary shall require by regulation.
    (d) Amount of grants
      Upon approving any application for a grant under subsection
    (b)(1)(B) of this section, the Secretary shall make a grant to the
    applicant in an amount determined by the Secretary, except that
    such amounts shall not exceed 75 percent of the amount determined
    by the Secretary to be the reasonable and necessary cost of the
    project for which the grant is made.
    (e) Advisory Council on Children's Educational Television
      (1) The Secretary shall establish an Advisory Council on
    Children's Educational Television. The Secretary shall appoint ten
    individuals as members of the Council and designate one of such
    members to serve as Chairman.
      (2) Members of the Council shall have terms of two years, and no
    member shall serve for more than three consecutive terms. The
    members shall have expertise in the fields of education,
    psychology, child development, or television programming, or
    related disciplines. Officers and employees of the United States
    shall not be appointed as members.
      (3) While away from their homes or regular places of business in
    the performance of duties for the Council, the members of the
    Council shall serve without compensation but shall be allowed
    travel expenses, including per diem in lieu of subsistence, in
    accordance with section 5703 of title 5.
      (4) The Council shall meet at the call of the Chairman and shall
    advise the Secretary concerning the making of contracts and grants
    under this section.
    (f) Recordkeeping relating to grants; audits
      (1) Each recipient of a grant under this section shall keep such
    records as may be reasonably necessary to enable the Secretary to
    carry out the Secretary's functions under this section, including
    records which fully disclose the amount and the disposition by such
    recipient of the proceeds of such grant, the total cost of the
    project, the amount and nature of that portion of the cost of the
    project supplied by other sources, and such other records as will
    facilitate an effective audit.
      (2) The Secretary and the Comptroller General of the United
    States, or any of their duly authorized representatives, shall have
    access for the purposes of audit and examination to any books,
    documents, papers, and records of the recipient that are pertinent
    to a grant received under this section.
    (g) Issuance of rules and regulations
      The Secretary is authorized to make such rules and regulations as
    may be necessary to carry out this section, including those
    relating to the order of priority in approving applications for
    projects under this section or to determining the amounts of
    contracts and grants for such projects.
    (h) Authorization of appropriations; availability
      There are authorized to be appropriated $2,000,000 for fiscal
    year 1991, $4,000,000 for fiscal year 1992, $5,000,000 for fiscal
    year 1993, and $6,000,000 for fiscal year 1994 to be used by the
    Secretary to carry out the provisions of this section. Sums
    appropriated under this subsection for any fiscal year shall remain
    available for contracts and grants for projects for which
    applications approved under this section have been submitted wtihin
    (!1) one year after the last day of such fiscal year.

    (i) Definitions
      For purposes of this section - 
        (1) the term "educational television programming for children"
      means any television program which is directed to an audience of
      children who are 16 years of age or younger and which is designed
      for the intellectual development of those children, except that
      such term does not include any television program which is
      directed to a general audience but which might also be viewed by
      a significant number of children; and
        (2) the term "person" means an individual, partnership,
      association, joint stock company, trust, corporation, or State or
      local governmental entity.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 394, as added Pub. L. 101-
    437, title II, Sec. 203(a)(3), Oct. 17, 1990, 104 Stat. 998;
    amended Pub. L. 102-538, title I, Sec. 152, formerly Sec. 132, Oct.
    27, 1992, 106 Stat. 3540, renumbered Sec. 152, Pub. L. 103-66,
    title VI, Sec. 6001(a)(2), Aug. 10, 1993, 107 Stat. 379.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 394, act June 19, 1934, Sec. 394, was renumbered
    section 393A by Pub. L. 101-437 and transferred to section 393a of
    this title.
      Another prior section 394, act June 19, 1934, Sec. 394, was
    renumbered section 397 by Pub. L. 90-129 and transferred to section
    397 of this title.

                                AMENDMENTS                            
      1992 - Subsec. (h). Pub. L. 102-538 substituted "1991," for "1991
    and" and inserted ", $5,000,000 for fiscal year 1993, and
    $6,000,000 for fiscal year 1994" after "1992".

                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory councils established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a council
    established by the President or an officer of the Federal
    Government, such council is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a council
    established by Congress, its duration is otherwise provided by law.
    See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
    770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

                          CONGRESSIONAL FINDINGS                      
      Section 202 of Pub. L. 101-437 provided that: "The Congress finds
    that - 
        "(1) children in the United States are lagging behind those in
      other countries in fundamental intellectual skills, including
      reading, writing, mathematics, science, and geography;
        "(2) these fundamental skills are essential for the future
      governmental and industrial leadership of the United States;
        "(3) the United States must act now to greatly improve the
      education of its children;
        "(4) television is watched by children about three hours each
      day on average and can be effective in teaching children;
        "(5) educational television programming for children is aired
      too infrequently either because public broadcast licensees and
      permittees lack funds or because commercial broadcast licensees
      and permittees or cable television system operators do not have
      the economic incentive; and
        "(6) the Federal Government can assist in the creation of
      children's educational television by establishing a National
      Endowment for Children's Educational Television to supplement the
      children's educational programming funded by other governmental
      entities."

-FOOTNOTE-
    (!1) So in original. Probably should be "within".

-End-

-CITE-
    47 USC subpart c - telecommunications demonstrations        01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart c - telecommunications demonstrations

-HEAD-
               SUBPART C - TELECOMMUNICATIONS DEMONSTRATIONS           

-End-

-CITE-
    47 USC Sec. 395                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart c - telecommunications demonstrations

-HEAD-
    Sec. 395. Assistance for demonstration projects

-STATUTE-
    (a) Authorization for grants and contracts
      It is the purpose of this subpart to promote the development of
    nonbroadcast telecommunications facilities and services for the
    transmission, distribution, and delivery of health, education, and
    public or social service information. The Secretary is authorized,
    upon receipt of an application in such form and containing such
    information as he may by regulation require, to make grants to, and
    enter into contracts with, public and private nonprofit agencies,
    organizations, and institutions for the purpose of carrying out
    telecommunications demonstrations.
    (b) Application approval
      The Secretary may approve an application submitted under
    subsection (a) of this section if he determines that - 
        (1) the project for which application is made will demonstrate
      innovative methods or techniques of utilizing nonbroadcast
      telecommunications equipment or facilities to satisfy the purpose
      of this subpart;
        (2) demonstrations and related activities assisted under this
      subpart will remain under the administration and control of the
      applicant;
        (3) the applicant has the managerial and technical capability
      to carry out the project for which the application is made; and
        (4) the facilities and equipment acquired or developed pursuant
      to the application will be used substantially for the
      transmission, distribution, and delivery of health, education, or
      public or social service information.
    (c) Contract with applicant
      Upon approving any application under this subpart with respect to
    any project, the Secretary shall make a grant to or enter into a
    contract with the applicant in an amount determined by the
    Secretary not to exceed the reasonable and necessary cost of such
    project. The Secretary shall pay such amount from the sums
    available therefor, in advance or by way of reimbursement, and in
    such installments consistent with established practice, as he may
    determine.
    (d) Use of funds
      Funds made available pursuant to this subpart shall not be
    available for the construction, remodeling, or repair of structures
    to house the facilities or equipment acquired or developed with
    such funds, except that such funds may be used for minor remodeling
    which is necessary for and incidental to the installation of such
    facilities or equipment.
    (e) "Nonbroadcast telecommunications facilities" defined
      For purposes of this section, the term "nonbroadcast
    telecommunications facilities" includes, but is not limited to,
    cable television systems, communications satellite systems and
    related terminal equipment, and other modes of transmitting,
    emitting, or receiving images and sounds or intelligence by means
    of wire, radio, optical, electromagnetic, or other means.
    (f) Funding
      The funding of any demonstration pursuant to this subpart shall
    continue for not more than 3 years from the date of the original
    grant or contract.
    (g) Summary and evaluation
      The Secretary shall require that the recipient of a grant or
    contract under this subpart submit a summary and evaluation of the
    results of the demonstration at least annually for each year in
    which funds are received pursuant to this section.
    (h) Recordkeeping requirements; accessibility
      (1) Each recipient of assistance under this subpart shall keep
    such records as may be reasonably necessary to enable the Secretary
    to carry out the Secretary's functions under this subpart,
    including records which fully disclose the amount and the
    disposition by such recipient of the proceeds of such assistance,
    the total cost of the project or undertaking in connection with
    which such assistance is given or used, the amount and nature of
    that portion of the cost of the project or undertaking supplied by
    other sources, and such other records as will facilitate an
    effective audit.
      (2) The Secretary and the Comptroller General of the United
    States, or any of their duly authorized representatives, shall have
    access for the purposes of audit and examination to any books,
    documents, papers, and records of the recipient that are pertinent
    to assistance received under this subpart.
    (i) Rules and regulations
      The Secretary is authorized to make such rules and regulations as
    may be necessary to carry out this subpart, including regulations
    relating to the order of priority in approving applications for
    projects under this subpart or to determining the amounts of grants
    for such projects.
    (j) Assistance
      The Commission is authorized to provide such assistance in
    carrying out the provisions of this subpart as may be requested by
    the Secretary. The Secretary shall provide for close coordination
    with the Commission in the administration of the Secretary's
    functions under this subpart which are of interest to or affect the
    functions of the Commission. The Secretary shall provide for close
    coordination with the Corporation in the administration of the
    Secretary's functions under this subpart which are of interest to
    or affect the functions of the Corporation.
    (k) Authorization of appropriations
      There are authorized to be appropriated $1,000,000 for each of
    the fiscal years 1979, 1980, and 1981, to be used by the Secretary
    to carry out the provisions of this subpart. Sums appropriated
    under this subsection for any fiscal year shall remain available
    for payment of grants or contracts for projects for which
    applications approved under this subpart have been submitted within
    one year after the last day of such fiscal year.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 395, as added Pub. L. 95-
    567, title II, Sec. 201, Nov. 2, 1978, 92 Stat. 2409.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 395, act June 19, 1934, ch. 652, title III, Sec.
    395, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67; amended
    Nov. 7, 1967, Pub. L. 90-129, title II, Sec. 201(2), 81 Stat. 367;
    June 5, 1976, Pub. L. 94-309, Sec. 5, 90 Stat. 684, related to
    assistance of the Secretary by the Commission, prior to repeal by
    Pub. L. 95-567, Sec. 201.

                              EFFECTIVE DATE                          
      Section effective Nov. 2, 1978, see section 403 of Pub. L. 95-
    567, set out as an Effective Date of 1978 Amendment note under
    section 390 of this title.

-End-

-CITE-
    47 USC subpart d - corporation for public broadcasting      01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart d - corporation for public broadcasting

-HEAD-
              SUBPART D - CORPORATION FOR PUBLIC BROADCASTING          

-End-

-CITE-
    47 USC Sec. 396                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart d - corporation for public broadcasting

-HEAD-
    Sec. 396. Corporation for Public Broadcasting

-STATUTE-
    (a) Congressional declaration of policy
      The Congress hereby finds and declares that - 
        (1) it is in the public interest to encourage the growth and
      development of public radio and television broadcasting,
      including the use of such media for instructional, educational,
      and cultural purposes;
        (2) it is in the public interest to encourage the growth and
      development of nonbroadcast telecommunications technologies for
      the delivery of public telecommunications services;
        (3) expansion and development of public telecommunications and
      of diversity of its programming depend on freedom, imagination,
      and initiative on both local and national levels;
        (4) the encouragement and support of public telecommunications,
      while matters of importance for private and local development,
      are also of appropriate and important concern to the Federal
      Government;
        (5) it furthers the general welfare to encourage public
      telecommunications services which will be responsive to the
      interests of people both in particular localities and throughout
      the United States, which will constitute an expression of
      diversity and excellence, and which will constitute a source of
      alternative telecommunications services for all the citizens of
      the Nation;
        (6) it is in the public interest to encourage the development
      of programming that involves creative risks and that addresses
      the needs of unserved and underserved audiences, particularly
      children and minorities;
        (7) it is necessary and appropriate for the Federal Government
      to complement, assist, and support a national policy that will
      most effectively make public telecommunications services
      available to all citizens of the United States;
        (8) public television and radio stations and public
      telecommunications services constitute valuable local community
      resources for utilizing electronic media to address national
      concerns and solve local problems through community programs and
      outreach programs;
        (9) it is in the public interest for the Federal Government to
      ensure that all citizens of the United States have access to
      public telecommunications services through all appropriate
      available telecommunications distribution technologies; and
        (10) a private corporation should be created to facilitate the
      development of public telecommunications and to afford maximum
      protection from extraneous interference and control.
    (b) Establishment of Corporation; application of District of
      Columbia Nonprofit Corporation Act
      There is authorized to be established a nonprofit corporation, to
    be known as the "Corporation for Public Broadcasting", which will
    not be an agency or establishment of the United States Government.
    The Corporation shall be subject to the provisions of this section,
    and, to the extent consistent with this section, to the District of
    Columbia Nonprofit Corporation Act.
    (c) Board of Directors; functions, duties, etc.
      (1) The Corporation for Public Broadcasting shall have a Board of
    Directors (hereinafter in this section referred to as the "Board"),
    consisting of 9 members appointed by the President, by and with the
    advice and consent of the Senate. No more than 5 members of the
    Board appointed by the President may be members of the same
    political party.
      (2) The 9 members of the Board appointed by the President (A)
    shall be selected from among citizens of the United States (not
    regular full-time employees of the United States) who are eminent
    in such fields as education, cultural and civic affairs, or the
    arts, including radio and television; and (B) shall be selected so
    as to provide as nearly as practicable a broad representation of
    various regions of the Nation, various professions and occupations,
    and various kinds of talent and experience appropriate to the
    functions and responsibilities of the Corporation.
      (3) Of the members of the Board appointed by the President under
    paragraph (1), one member shall be selected from among individuals
    who represent the licensees and permittees of public television
    stations, and one member shall be selected from among individuals
    who represent the licensees and permittees of public radio
    stations.
      (4) The members of the initial Board of Directors shall serve as
    incorporators and shall take whatever actions are necessary to
    establish the Corporation under the District of Columbia Nonprofit
    Corporation Act.
      (5) The term of office of each member of the Board appointed by
    the President shall be 6 years, except as provided in section 5(c)
    of the Public Telecommunications Act of 1992. Any member whose term
    has expired may serve until such member's successor has taken
    office, or until the end of the calendar year in which such
    member's term has expired, whichever is earlier. Any member
    appointed to fill a vacancy occurring prior to the expiration of
    the term for which such member's predecessor was appointed shall be
    appointed for the remainder of such term. No member of the Board
    shall be eligible to serve in excess of 2 consecutive full terms.
      (6) Any vacancy in the Board shall not affect its power, but
    shall be filled in the manner consistent with this chapter.
      (7) Members of the Board shall attend not less than 50 percent of
    all duly convened meetings of the Board in any calendar year. A
    member who fails to meet the requirement of the preceding sentence
    shall forfeit membership and the President shall appoint a new
    member to fill such vacancy not later than 30 days after such
    vacancy is determined by the Chairman of the Board.
    (d) Election of Chairman and Vice Chairman; compensation of Board
      members
      (1) Members of the Board shall annually elect one of their
    members to be Chairman and elect one or more of their members as a
    Vice Chairman or Vice Chairmen.
      (2) The members of the Board shall not, by reason of such
    membership, be deemed to be officers or employees of the United
    States. They shall, while attending meetings of the Board or while
    engaged in duties related to such meetings or other activities of
    the Board pursuant to this subpart, be entitled to receive
    compensation at the rate of $150 per day, including traveltime. No
    Board member shall receive compensation of more than $10,000 in any
    fiscal year. While away from their homes or regular places of
    business, Board members shall be allowed travel and actual,
    reasonable, and necessary expenses.
    (e) Officers and employees; term of office, compensation,
      qualifications, and removal; political party affiliation,
      political test or qualification when taking personnel actions
      (1) The Corporation shall have a President, and such other
    officers as may be named and appointed by the Board for terms and
    at rates of compensation fixed by the Board. No officer or employee
    of the Corporation may be compensated by the Corporation at an
    annual rate of pay which exceeds the rate of basic pay in effect
    from time to time for level I of the Executive Schedule under
    section 5312 of title 5. No individual other than a citizen of the
    United States may be an officer of the Corporation. No officer of
    the Corporation, other than the Chairman or a Vice Chairman, may
    receive any salary or other compensation (except for compensation
    for services on boards of directors of other organizations that do
    not receive funds from the Corporation, on committees of such
    boards, and in similar activities for such organizations) from any
    sources other than the Corporation for services rendered during the
    period of his or her employment by the Corporation. Service by any
    officer on boards of directors of other organizations, on
    committees of such boards, and in similar activities for such
    organizations shall be subject to annual advance approval by the
    Board and subject to the provisions of the Corporation's Statement
    of Ethical Conduct. All officers shall serve at the pleasure of the
    Board.
      (2) Except as provided in the second sentence of subsection
    (c)(1) of this section, no political test or qualification shall be
    used in selecting, appointing, promoting, or taking other personnel
    actions with respect to officers, agents, and employees of the
    Corporation.
    (f) Nonprofit and nonpolitical nature of Corporation
      (1) The Corporation shall have no power to issue any shares of
    stock, or to declare or pay any dividends.
      (2) No part of the income or assets of the Corporation shall
    inure to the benefit of any director, officer, employee, or any
    other individual except as salary or reasonable compensation for
    services.
      (3) The Corporation may not contribute to or otherwise support
    any political party or candidate for elective public office.
    (g) Purposes and activities of Corporation; powers under District
      of Columbia Nonprofit Corporation Act
      (1) In order to achieve the objectives and to carry out the
    purposes of this subpart, as set out in subsection (a) of this
    section, the Corporation is authorized to - 
        (A) facilitate the full development of public
      telecommunications in which programs of high quality, diversity,
      creativity, excellence, and innovation, which are obtained from
      diverse sources, will be made available to public
      telecommunications entities, with strict adherence to objectivity
      and balance in all programs or series of programs of a
      controversial nature;
        (B) assist in the establishment and development of one or more
      interconnection systems to be used for the distribution of public
      telecommunications services so that all public telecommunications
      entities may disseminate such services at times chosen by the
      entities;
        (C) assist in the establishment and development of one or more
      systems of public telecommunications entities throughout the
      United States; and
        (D) carry out its purposes and functions and engage in its
      activities in ways that will most effectively assure the maximum
      freedom of the public telecommunications entities and systems
      from interference with, or control of, program content or other
      activities.

      (2) In order to carry out the purposes set forth in subsection
    (a) of this section, the Corporation is authorized to - 
        (A) obtain grants from and make contracts with individuals and
      with private, State, and Federal agencies, organizations, and
      institutions;
        (B) contract with or make grants to public telecommunications
      entities, national, regional, and other systems of public
      telecommunications entities, and independent producers and
      production entities, for the production or acquisition of public
      telecommunications services to be made available for use by
      public telecommunications entities, except that - 
          (i) to the extent practicable, proposals for the provision of
        assistance by the Corporation in the production or acquisition
        of programs or series of programs shall be evaluated on the
        basis of comparative merit by panels of outside experts,
        representing diverse interests and perspectives, appointed by
        the Corporation; and
          (ii) nothing in this subparagraph shall be construed to
        prohibit the exercise by the Corporation of its prudent
        business judgement with respect to any grant to assist in the
        production or acquisition of any program or series of programs
        recommended by any such panel;

        (C) make payments to existing and new public telecommunications
      entities to aid in financing the production or acquisition of
      public telecommunications services by such entities, particularly
      innovative approaches to such services, and other costs of
      operation of such entities;
        (D) establish and maintain, or contribute to, a library and
      archives of noncommercial educational and cultural radio and
      television programs and related materials and develop public
      awareness of, and disseminate information about, public
      telecommunications services by various means, including the
      publication of a journal;
        (E) arrange, by grant to or contract with appropriate public or
      private agencies, organizations, or institutions, for
      interconnection facilities suitable for distribution and
      transmission of public telecommunications services to public
      telecommunications entities;
        (F) hire or accept the voluntary services of consultants,
      experts, advisory boards, and panels to aid the Corporation in
      carrying out the purposes of this subpart;
        (G) conduct (directly or through grants or contracts) research,
      demonstrations, or training in matters related to public
      television or radio broadcasting and the use of nonbroadcast
      communications technologies for the dissemination of
      noncommercial educational and cultural television or radio
      programs;
        (H) make grants or contracts for the use of nonbroadcast
      telecommunications technologies for the dissemination to the
      public of public telecommunications services; and
        (I) take such other actions as may be necessary to accomplish
      the purposes set forth in subsection (a) of this section.

    Nothing contained in this paragraph shall be construed to commit
    the Federal Government to provide any sums for the payment of any
    obligation of the Corporation which exceeds amounts provided in
    advance in appropriation Acts.
      (3) To carry out the foregoing purposes and engage in the
    foregoing activities, the Corporation shall have the usual powers
    conferred upon a nonprofit corporation by the District of Columbia
    Nonprofit Corporation Act, except that the Corporation is
    prohibited from - 
        (A) owning or operating any television or radio broadcast
      station, system, or network, community antenna television system,
      interconnection system or facility, program production facility,
      or any public telecommunications entity, system, or network; and
        (B) producing programs, scheduling programs for dissemination,
      or disseminating programs to the public.

      (4) All meetings of the Board of Directors of the Corporation,
    including any committee of the Board, shall be open to the public
    under such terms, conditions, and exceptions as are set forth in
    subsection (k)(4) of this section.
      (5) The Corporation, in consultation with interested parties,
    shall create a 5-year plan for the development of public
    telecommunications services. Such plan shall be updated annually by
    the Corporation.
    (h) Free or reduced rate interconnection service; access to
      facilities
      (1) Nothing in this chapter, or in any other provision of law,
    shall be construed to prevent United States communications common
    carriers from rendering free or reduced rate communications
    interconnection services for public television or radio services,
    subject to such rules and regulations as the Commission may
    prescribe.
      (2) Subject to such terms and conditions as may be established by
    public telecommunications entities receiving space satellite
    interconnection facilities or services purchased or arranged for,
    in whole or in part, with funds authorized under this part, other
    public telecommunications entities shall have reasonable access to
    such facilities or services for the distribution of educational and
    cultural programs to public telecommunications entities. Any
    remaining capacity shall be made available to other persons for the
    transmission of noncommercial educational and cultural programs and
    program information relating to such programs, to public
    telecommunications entities, at a charge or charges comparable to
    the charge or charges, if any, imposed upon a public
    telecommunications entity for the distribution of noncommercial
    educational and cultural programs to public telecommunications
    entities. No such person shall be denied such access whenever
    sufficient capacity is available.
    (i) Report to Congress
      (1) The Corporation shall submit an annual report for the
    preceding fiscal year ending September 30 to the President for
    transmittal to the Congress on or before the 15th day of May of
    each year. The report shall include - 
        (A) a comprehensive and detailed report of the Corporation's
      operations, activities, financial condition, and accomplishments
      under this subpart and such recommendations as the Corporation
      deems appropriate;
        (B) a comprehensive and detailed inventory of funds distributed
      by Federal agencies to public telecommunications entities during
      the preceding fiscal year;
        (C) a listing of each organization that receives a grant from
      the Corporation to produce programming, the name of the producer
      of any programming produced under each such grant, the title or
      description of any program so produced, and the amount of each
      such grant; (!1)

        (D) the summary of the annual report provided to the Secretary
      pursuant to section 398(b)(4) of this title.

      (2) The officers and directors of the Corporation shall be
    available to testify before appropriate committees of the Congress
    with respect to such report, the report of any audit made by the
    Comptroller General pursuant to subsection (l) of this section, or
    any other matter which such committees may determine.
    (j) Repeal, alteration, or amendment
      The right to repeal, alter, or amend this section at any time is
    expressly reserved.
    (k) Financing restrictions
      (1)(A) There is hereby established in the Treasury a fund which
    shall be known as the Public Broadcasting Fund (hereinafter in this
    subsection referred to as the "Fund"), to be administered by the
    Secretary of the Treasury.
      (B) There is authorized to be appropriated to the Fund for each
    of the fiscal years 1978, 1979, and 1980, an amount equal to 40
    percent of the total amount of non-Federal financial support
    received by public broadcasting entities during the fiscal year
    second preceding each such fiscal year, except that the amount so
    appropriated shall not exceed $121,000,000 for fiscal year 1978,
    $140,000,000 for fiscal year 1979, and $160,000,000 for fiscal year
    1980.
      (C) There is authorized to be appropriated to the Fund, for each
    of the fiscal years 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988,
    1989, 1990, 1991, 1992, and 1993, an amount equal to 40 percent of
    the total amount of non-Federal financial support received by
    public broadcasting entities during the fiscal year second
    preceding each such fiscal year, except that the amount so
    appropriated shall not exceed $265,000,000 for fiscal year 1992,
    $285,000,000 for fiscal year 1993, $310,000,000 for fiscal year
    1994, $375,000,000 for fiscal year 1995, and $425,000,000 for
    fiscal year 1996.
      (D) In addition to any amounts authorized under any other
    provision of this or any other Act to be appropriated to the Fund,
    $20,000,000 are hereby authorized to be appropriated to the Fund
    (notwithstanding any other provision of this subsection)
    specifically for transition from the use of analog to digital
    technology for the provision of public broadcasting services for
    fiscal year 2001.
      (E) Funds appropriated under this subsection shall remain
    available until expended.
      (F) In recognition of the importance of educational programs and
    services, and the expansion of public radio services, to unserved
    and underserved audiences, the Corporation, after consultation with
    the system of public telecommunications entities, shall prepare and
    submit to the Congress an annual report for each of the fiscal
    years 1994, 1995, and 1996 on the Corporation's activities and
    expenditures relating to those programs and services.
      (2)(A) The funds authorized to be appropriated by this subsection
    shall be used by the Corporation, in a prudent and financially
    responsible manner, solely for its grants, contracts, and
    administrative costs, except that the Corporation may not use any
    funds appropriated under this subpart for purposes of conducting
    any reception, or providing any other entertainment, for any
    officer or employee of the Federal Government or any State or local
    government. The Corporation shall determine the amount of non-
    Federal financial support received by public broadcasting entities
    during each of the fiscal years referred to in paragraph (1) for
    the purpose of determining the amount of each authorization, and
    shall certify such amount to the Secretary of the Treasury, except
    that the Corporation may include in its certification non-Federal
    financial support received by a public broadcasting entity during
    its most recent fiscal year ending before September 30 of the year
    for which certification is made. Upon receipt of such
    certification, the Secretary of the Treasury shall make available
    to the Corporation, from such funds as may be appropriated to the
    Fund, the amount authorized for each of the fiscal years pursuant
    to the provisions of this subsection.
      (B) Funds appropriated and made available under this subsection
    shall be disbursed by the Secretary of the Treasury on a fiscal
    year basis.
      (3)(A)(i) The Corporation shall establish an annual budget for
    use in allocating amounts from the Fund. Of the amounts
    appropriated into the Fund available for allocation for any fiscal
    year - 
        (I) $10,200,000 shall be available for the administrative
      expenses of the Corporation for fiscal year 1989, and for each
      succeeding fiscal year the amount which shall be available for
      such administrative expenses shall be the sum of the amount made
      available to the Corporation under this subclause for such
      expenses in the preceding fiscal year plus the greater of 4
      percent of such amount or a percentage of such amount equal to
      the percentage change in the Consumer Price Index, except that
      none of the amounts allocated under subclauses (II), (III), and
      (IV) and clause (v) shall be used for any administrative expenses
      of the Corporation and not more than 5 percent of all the amounts
      appropriated into the Fund available for allocation for any
      fiscal year shall be available for such administrative expenses;
        (II) 6 percent of such amounts shall be available for expenses
      incurred by the Corporation for capital costs relating to
      telecommunications satellites, the payment of programming
      royalties and other fees, the costs of interconnection facilities
      and operations (as provided in clause (iv)(I)), and grants which
      the Corporation may make for assistance to stations that
      broadcast programs in languages other than English or for
      assistance in the provision of affordable training programs for
      employees at public broadcast stations, and if the available
      funding level permits, for projects and activities that will
      enhance public broadcasting;
        (III) 75 percent of the remainder (after allocations are made
      under subclause (I) and subclause (II)) shall be allocated in
      accordance with clause (ii); and
        (IV) 25 percent of such remainder shall be allocated in
      accordance with clause (iii).

      (ii) Of the amounts allocated under clause (i)(III) for any
    fiscal year - 
        (I) 75 percent of such amounts shall be available for
      distribution among the licensees and permittees of public
      television stations pursuant to paragraph (6)(B); and
        (II) 25 percent of such amounts shall be available for
      distribution under subparagraph (B)(i), and in accordance with
      any plan implemented under paragraph (6)(A), for national public
      television programming.

      (iii) Of the amounts allocated under clause (i)(IV) for any
    fiscal year - 
        (I) 70 percent of such amounts shall be available for
      distribution among the licensees and permittees of public radio
      stations pursuant to paragraph (6)(B);
        (II) 7 percent of such amounts shall be available for
      distribution under subparagraph (B)(i) for public radio
      programming; and
        (III) 23 percent of such amounts shall be available for
      distribution among the licensees and permittees of public radio
      stations pursuant to paragraph (6)(B), solely to be used for
      acquiring or producing programming that is to be distributed
      nationally and is designed to serve the needs of a national
      audience.

      (iv)(I) From the amount provided pursuant to clause (i)(II), the
    Corporation shall defray an amount equal to 50 percent of the total
    costs of interconnection facilities and operations to facilitate
    the availability of public television and radio programs among
    public broadcast stations.
      (II) Of the amounts received as the result of any contract, lease
    agreement, or any other arrangement under which the Corporation
    directly or indirectly makes available interconnection facilities,
    50 percent of such amounts shall be distributed to the licensees
    and permittees of public television stations and public radio
    stations. The Corporation shall not have any authority to establish
    any requirements, guidelines, or limitations with respect to the
    use of such amounts by such licensees and permittees.
      (v) Of the interest on the amounts appropriated into the Fund
    which is available for allocation for any fiscal year - 
        (I) 75 percent shall be available for distribution for the
      purposes referred to in clause (ii)(II); and
        (II) 25 percent shall be available for distribution for the
      purposes referred to in clause (iii)(II) and (III).

      (B)(i) The Corporation shall utilize the funds allocated pursuant
    to subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II) to make
    grants for production of public television or radio programs by
    independent producers and production entities and public
    telecommunications entities, producers of national children's
    educational programming, and producers of programs addressing the
    needs and interests of minorities, and for acquisition of such
    programs by public telecommunications entities. The Corporation may
    make grants to public telecommunications entities and producers for
    the production of programs in languages other than English. Of the
    funds utilized pursuant to this clause, a substantial amount shall
    be distributed to independent producers and production entities,
    producers of national children's educational programming, and
    producers of programming addressing the needs and interests of
    minorities for the production of programs.
      (ii) All funds available for distribution under clause (i) shall
    be distributed to entities outside the Corporation and shall not be
    used for the general administrative costs of the Corporation, the
    salaries or related expenses of Corporation personnel and members
    of the Board, or for expenses of consultants and advisers to the
    Corporation.
      (iii)(I) For fiscal year 1990 and succeeding fiscal years, the
    Corporation shall, in carrying out its obligations under clause (i)
    with respect to public television programming, provide adequate
    funds for an independent production service.
      (II) Such independent production service shall be separate from
    the Corporation and shall be incorporated under the laws of the
    District of Columbia for the purpose of contracting with the
    Corporation for the expenditure of funds for the production of
    public television programs by independent producers and independent
    production entities.
      (III) The Corporation shall work with organizations or
    associations of independent producers or independent production
    entities to develop a plan and budget for the operation of such
    service that is acceptable to the Corporation.
      (IV) The Corporation shall ensure that the funds provided to such
    independent production service shall be used exclusively in pursuit
    of the Corporation's obligation to expand the diversity and
    innovativeness of programming available to public broadcasting.
      (V) The Corporation shall report annually to Congress regarding
    the activities and expenditures of the independent production
    service, including carriage and viewing information for programs
    produced or acquired with funds provided pursuant to subclause (I).
    At the end of fiscal years 1992, 1993, 1994, and 1995, the
    Corporation shall submit a report to Congress evaluating the
    performance of the independent production service in light of its
    mission to expand the diversity and innovativeness of programming
    available to public broadcasting.
      (VI) The Corporation shall not contract to provide funds to any
    such independent production service, unless that service agrees to
    comply with public inspection requirements established by the
    Corporation within 3 months after August 26, 1992. Under such
    requirements the service shall maintain at its offices a public
    file, updated regularly, containing information relating to the
    service's award of funds for the production of programming. The
    information shall be available for public inspection and copying
    for at least 3 years and shall be of the same kind as the
    information required to be maintained by the Corporation under
    subsection (l)(4)(B) of this section.
      (4) Funds may not be distributed pursuant to this subsection to
    the Public Broadcasting Service or National Public Radio (or any
    successor organization), or to the licensee or permittee of any
    public broadcast station, unless the governing body of any such
    organization, any committee of such governing body, or any advisory
    body of any such organization, holds open meetings preceded by
    reasonable notice to the public. All persons shall be permitted to
    attend any meeting of the board, or of any such committee or body,
    and no person shall be required, as a condition to attendance at
    any such meeting, to register such person's name or to provide any
    other information. Nothing contained in this paragraph shall be
    construed to prevent any such board, committee, or body from
    holding closed sessions to consider matters relating to individual
    employees, proprietary information, litigation and other matters
    requiring the confidential advice of counsel, commercial or
    financial information obtained from a person on a privileged or
    confidential basis, or the purchase of property or services
    whenever the premature exposure of such purchase would compromise
    the business interests of any such organization. If any such
    meeting is closed pursuant to the provisions of this paragraph, the
    organization involved shall thereafter (within a reasonable period
    of time) make available to the public a written statement
    containing an explanation of the reasons for closing the meeting.
      (5) Funds may not be distributed pursuant to this subsection to
    any public telecommunications entity that does not maintain for
    public examination copies of the annual financial and audit
    reports, or other information regarding finances, submitted to the
    Corporation pursuant to subsection (l)(3)(B) of this section.
      (6)(A) The Corporation shall conduct a study and prepare a plan,
    in consultation with public television licensees (or designated
    representatives of those licensees) and the Public Broadcasting
    Service, on how funds available to the Corporation under paragraph
    (3)(A)(ii)(II) can be best allocated to meet the objectives of this
    chapter with regard to national public television programming. The
    plan, which shall be based on the conclusions resulting from the
    study, shall be submitted by the Corporation to the Congress not
    later than January 31, 1990. Unless directed otherwise by an Act of
    Congress, the Corporation shall implement the plan during the first
    fiscal year beginning after the fiscal year in which the plan is
    submitted to Congress.
      (B) The Corporation shall make a basic grant from the portion
    reserved for television stations under paragraph (3)(A)(ii)(I) to
    each licensee and permittee of a public television station that is
    on the air. The Corporation shall assist radio stations to maintain
    and improve their service where public radio is the only broadcast
    service available. The balance of the portion reserved for
    television stations and the total portion reserved for radio
    stations under paragraph (3)(A)(iii)(I) shall be distributed to
    licensees and permittees of such stations in accordance with
    eligibility criteria (which the Corporation shall review
    periodically in consultation with public radio and television
    licensees or permittees, or their designated representatives) that
    promote the public interest in public broadcasting, and on the
    basis of a formula designed to - 
        (i) provide for the financial needs and requirements of
      stations in relation to the communities and audiences such
      stations undertake to serve;
        (ii) maintain existing, and stimulate new, sources of non-
      Federal financial support for stations by providing incentives
      for increases in such support; and
        (iii) assure that each eligible licensee and permittee of a
      public radio station receives a basic grant.

      (7) The funds distributed pursuant to paragraph (3)(A)(ii)(I) and
    (iii)(I) may be used at the discretion of the recipient for
    purposes related primarily to the production or acquisition of
    programming.
      (8)(A) Funds may not be distributed pursuant to this subpart to
    any public broadcast station (other than any station which is owned
    and operated by a State, a political or special purpose subdivision
    of a State, or a public agency) unless such station establishes a
    community advisory board. Any such station shall undertake good
    faith efforts to assure that (i) its advisory board meets at
    regular intervals; (ii) the members of its advisory board regularly
    attend the meetings of the advisory board; and (iii) the
    composition of its advisory board are (!2) reasonably
    representative of the diverse needs and interests of the
    communities served by such station.

      (B) The board shall be permitted to review the programming goals
    established by the station, the service provided by the station,
    and the significant policy decisions rendered by the station. The
    board may also be delegated any other responsibilities, as
    determined by the governing body of the station. The board shall
    advise the governing body of the station with respect to whether
    the programming and other policies of such station are meeting the
    specialized educational and cultural needs of the communities
    served by the station, and may make such recommendations as it
    considers appropriate to meet such needs.
      (C) The role of the board shall be solely advisory in nature,
    except to the extent other responsibilities are delegated to the
    board by the governing body of the station. In no case shall the
    board have any authority to exercise any control over the daily
    management or operation of the station.
      (D) In the case of any public broadcast station (other than any
    station which is owned and operated by a State, a political or
    special purpose subdivision of a State, or a public agency) in
    existence on November 2, 1978, such station shall comply with the
    requirements of this paragraph with respect to the establishment of
    a community advisory board not later than 180 days after November
    2, 1978.
      (E) The provision of subparagraph (A) prohibiting the
    distribution of funds to any public broadcast station (other than
    any station which is owned and operated by a State, a political or
    special purpose subdivision of a State, or a public agency) unless
    such station establishes a community advisory board shall be the
    exclusive remedy for the enforcement of the provisions of this
    paragraph.
      (9) Funds may not be distributed pursuant to this subsection to
    the Public Broadcasting Service or National Public Radio (or any
    successor organization) unless assurances are provided to the
    Corporation that no officer or employee of the Public Broadcasting
    Service or National Public Radio (or any successor organization),
    as the case may be, will be compensated in excess of reasonable
    compensation as determined pursuant to Section (!3) 4958 of title
    26 for services that the officer or employee renders to
    organization,(!4) and unless further assurances are provided to the
    Corporation that no officer or employee of such an entity will be
    loaned money by that entity on an interest-free basis.

      (10)(A) There is hereby established in the Treasury a fund which
    shall be known as the Public Broadcasting Satellite Interconnection
    Fund (hereinafter in this subsection referred to as the "Satellite
    Interconnection Fund"), to be administered by the Secretary of the
    Treasury.
      (B) There is authorized to be appropriated to the Satellite
    Interconnection Fund, for fiscal year 1991, the amount of
    $200,000,000. If such amount is not appropriated in full for fiscal
    year 1991, the portion of such amount not yet appropriated is
    authorized to be appropriated for fiscal years 1992 and 1993. Funds
    appropriated to the Satellite Interconnection Fund shall remain
    available until expended.
      (C) The Secretary of the Treasury shall make available and
    disburse to the Corporation, at the beginning of fiscal year 1991
    and of each succeeding fiscal year thereafter, such funds as have
    been appropriated to the Satellite Interconnection Fund for the
    fiscal year in which such disbursement is to be made.
      (D) Notwithstanding any other provision of this subsection except
    paragraphs (4), (5), (8), and (9), all funds appropriated to the
    Satellite Interconnection Fund and interest thereon - 
        (i) shall be distributed by the Corporation to the licensees
      and permittees of noncommercial educational television broadcast
      stations providing public telecommunications services or the
      national entity they designate for satellite interconnection
      purposes and to those public telecommunications entities
      participating in the public radio satellite interconnection
      system or the national entity they designate for satellite
      interconnection purposes, exclusively for the capital costs of
      the replacement, refurbishment, or upgrading of their national
      satellite interconnection systems and associated maintenance of
      such systems; and
        (ii) shall not be used for the administrative costs of the
      Corporation, the salaries or related expenses of Corporation
      personnel and members of the Board, or for expenses of
      consultants and advisers to the Corporation.

      (11)(A) Funds may not be distributed pursuant to this subsection
    for any fiscal year to the licensee or permittee of any public
    broadcast station if such licensee or permittee - 
        (i) fails to certify to the Corporation that such licensee or
      permittee complies with the Commission's regulations concerning
      equal employment opportunity as published under section 73.2080
      of title 47, Code of Federal Regulations, or any successor
      regulations thereto; or
        (ii) fails to submit to the Corporation the report required by
      subparagraph (B) for the preceding calendar year.

      (B) A licensee or permittee of any public broadcast station with
    more than five full-time employees to file annually with the
    Corporation a statistical report, consistent with reports required
    by Commission regulation, identifying by race and sex the number of
    employees in each of the following full-time and part-time job
    categories:
        (i) Officials and managers.
        (ii) Professionals.
        (iii) Technicians.
        (iv) Semiskilled operatives.
        (v) Skilled craft persons.
        (vi) Clerical and office personnel.
        (vii) Unskilled operatives.
        (viii) Service workers.

      (C) In addition, such report shall state the number of job
    openings occurring during the course of the year. Where the job
    openings were filled in accordance with the regulations described
    in subparagraph (A)(i), the report shall so certify, and where the
    job openings were not filled in accordance with such regulations,
    the report shall contain a statement providing reasons therefor.
    The statistical report shall be available to the public at the
    central office and at every location where more than five full-time
    employees are regularly assigned to work.
      (12) Funds may not be distributed under this subsection to any
    public broadcasting entity that directly or indirectly - 
        (A) rents contributor or donor names (or other personally
      identifiable information) to or from, or exchanges such names or
      information with, any Federal, State, or local candidate,
      political party, or political committee; or
        (B) discloses contributor or donor names, or other personally
      identifiable information, to any nonaffiliated third party unless
      - 
          (i) such entity clearly and conspicuously discloses to the
        contributor or donor that such information may be disclosed to
        such third party;
          (ii) the contributor or donor is given the opportunity,
        before the time that such information is initially disclosed,
        to direct that such information not be disclosed to such third
        party; and
          (iii) the contributor or donor is given an explanation of how
        the contributor or donor may exercise that nondisclosure
        option.
    (l) Financial management and records
      (1)(A) The accounts of the Corporation shall be audited annually
    in accordance with generally accepted auditing standards by
    independent certified public accountants or independent licensed
    public accountants certified or licensed by a regulatory authority
    of a State or other political subdivision of the United States,
    except that such requirement shall not preclude shared auditing
    arrangements between any public telecommunications entity and its
    licensee where such licensee is a public or private institution.
    The audits shall be conducted at the place or places where the
    accounts of the Corporation are normally kept. All books, accounts,
    financial records, reports, files, and all other papers, things, or
    property belonging to or in use by the Corporation and necessary to
    facilitate the audits shall be made available to the person or
    persons conducting the audits; and full facilities for verifying
    transactions with the balances or securities held by depositories,
    fiscal agents and custodians shall be afforded to such person or
    persons.
      (B) The report of each such independent audit shall be included
    in the annual report required by subsection (i) of this section.
    The audit report shall set forth the scope of the audit and include
    such statements as are necessary to present fairly the
    Corporation's assets and liabilities, surplus or deficit, with an
    analysis of the changes therein during the year, supplemented in
    reasonable detail by a statement of the Corporation's income and
    expenses during the year, and a statement of the sources and
    application of funds, together with the independent auditor's
    opinion of those statements.
      (2)(A) The financial transactions of the Corporation for any
    fiscal year during which Federal funds are available to finance any
    portion of its operations may be audited by the 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) of this
    section, the Corporation shall make available for public inspection
    the following:
        (i) Grant and solicitation guidelines for proposals for such
      programming.
        (ii) The reasons for selecting the proposal for which the award
      was made.
        (iii) Information on each program for which the award was made,
      including the names of the awardee and producer (and if the
      awardee or producer is a corporation or partnership, the
      principals of such corporation or partnership), the monetary
      amount of the award, and the title and description of the program
      (and of each program in a series of programs).
        (iv) A report based on the final audit findings resulting from
      any audit of the award by the Corporation or the Comptroller
      General.
        (v) Reports which the Corporation shall require to be provided
      by the awardee relating to national public broadcasting
      programming funded, produced, or acquired by the awardee with
      such funds. Such reports shall include, where applicable, the
      information described in clauses (i), (ii), and (iii), but shall
      exclude proprietary, confidential, or privileged information.

      (C) The Corporation shall make available for public inspection
    the final report required by the Corporation on an annual basis
    from each recipient of funds under subsection (k)(3)(A)(iii)(III)
    of this section, excluding proprietary, confidential, or privileged
    information.
      (D) The Corporation shall make available for public inspection an
    annual list of national programs distributed by public broadcasting
    entities that receive funds under subsection (k)(3)(A)(ii)(III) or
    (iii)(II) of this section and are engaged primarily in the national
    distribution of public television or radio programs. Such list
    shall include the names of the programs (or program series),
    producers, and providers of funding.
    (m) Needs of minorities and other groups
      (1) Prior to July 1, 1989, and every three years thereafter, the
    Corporation shall compile an assessment of the needs of minority
    and diverse audiences, the plans of public broadcasting entities
    and public telecommunications entities to address such needs, the
    ways radio and television can be used to help these
    underrepresented groups, and projections concerning minority
    employment by public broadcasting entities and public
    telecommunications entities. Such assessment shall address the
    needs of racial and ethnic minorities, new immigrant populations,
    people for whom English is a second language, and adults who lack
    basic reading skills.
      (2) Commencing July 1, 1989, the Corporation shall prepare an
    annual report on the provision by public broadcasting entities and
    public telecommunications entities of service to the audiences
    described in paragraph (1). Such report shall address programming
    (including that which is produced by minority producers), training,
    minority employment, and efforts by the Corporation to increase the
    number of minority public radio and television stations eligible
    for financial support from the Corporation. Such report shall
    include a summary of the statistical reports received by the
    Corporation pursuant to subsection (k)(11) of this section, and a
    comparison of the information contained in those reports with the
    information submitted by the Corporation in the previous year's
    annual report.
      (3) As soon as they have been prepared, each assessment and
    annual report required under paragraphs (1) and (2) shall be
    submitted to Congress.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 396, as added Pub. L. 90-
    129, title II, Sec. 201(9), Nov. 7, 1967, 81 Stat. 368; amended
    Pub. L. 90-294, Apr. 26, 1968, 82 Stat. 108; Pub. L. 91-97, Sec. 3,
    Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-437, Sec. 2, Oct. 7, 1970,
    84 Stat. 888; Pub. L. 92-411, Sec. 1, Aug. 29, 1972, 86 Stat. 643;
    Pub. L. 93-84, Sec. 1(a), (b), Aug. 6, 1973, 87 Stat. 219; Pub. L.
    94-192, Secs. 2-4, Dec. 31, 1975, 89 Stat. 1099, 1100; Pub. L. 95-
    567, title III, Secs. 301-303(a), 304-307(a), 308, Nov. 2, 1978,
    92 Stat. 2411, 2412, 2414, 2415, 2419; Pub. L. 97-35, title XII,
    Secs. 1224, 1225(a)(1), (b), (c), 1226, 1227(a)-(c)(3), (d)(1),
    (2), (e)-(g), 1228, 1234(a), Aug. 13, 1981, 95 Stat. 725-730, 736;
    Pub. L. 98-214, Secs. 3, 5, 6, Dec. 8, 1983, 97 Stat. 1467-1469;
    Pub. L. 99-272, title V, Sec. 5001(c), Apr. 7, 1986, 100 Stat. 117;
    Pub. L. 100-626, Secs. 3, 4(a), 5-9(a), Nov. 7, 1988, 102 Stat.
    3207-3211; Pub. L. 102-356, Secs. 4, 5(a), (b), 6-14, Aug. 26,
    1992, 106 Stat. 949-953; Pub. L. 105-277, div. A, Sec. 101(f)
    [title VII, Sec. 701], Oct. 21, 1998, 112 Stat. 2681-337, 2681-389;
    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5002(a)],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-592; Pub. L. 107-20, title II,
    Sec. 2702, July 24, 2001, 115 Stat. 182; Pub. L. 108-271, Sec.
    8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The District of Columbia Nonprofit Corporation Act, referred to
    in subsecs. (b), (c)(4), and (g)(3), is Pub. L. 87-569, Aug. 6,
    1962, 76 Stat. 265, as amended, which is not classified to the
    Code.
      Section 5(c) of the Public Telecommunications Act of 1992,
    referred to in subsec. (c)(5), is section 5(c) of Pub. L. 102-356,
    which is set out below.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 396, act June 19, 1934, ch. 652, title III, Sec.
    396, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, was
    renumbered section 394 by Pub. L. 90-129, and subsequently
    renumbered section 393A by Pub. L. 101-437, and is classified to
    section 393a of this title.

                                AMENDMENTS                            
      2004 - Subsec. (l)(2)(A). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office" in two
    places.
      2001 - Subsec. (k)(1)(D) to (F). Pub. L. 107-20 added subpar. (D)
    and redesignated former subpars. (D) and (E) as (E) and (F),
    respectively.
      1999 - Subsec. (k)(12). Pub. L. 106-113 added par. (12).
      1998 - Subsec. (k)(9). Pub. L. 105-277 which directed the
    substitution of "in excess of reasonable compensation as determined
    pursuant to Section 4958 of title 26 for services that the officer
    or employee renders to organization" for "at an annual rate of pay
    which exceeds the rate of basic pay in effect from time to time for
    level I of the Executive Schedule under 5312 of title 5,", was
    executed by making the substitution for text which read "section
    5312 of title 5" to reflect the probable intent of Congress.
      1992 - Subsec. (a)(8) to (10). Pub. L. 102-356, Sec. 4, added
    pars. (8) and (9) and redesignated former par. (8) as (10).
      Subsec. (c)(1). Pub. L. 102-356, Sec. 5(a)(1), substituted "9"
    for "10" and "5" for "6".
      Subsec. (c)(2). Pub. L. 102-356, Sec. 5(a)(2), substituted "9"
    for "10".
      Subsec. (c)(5). Pub. L. 102-356, Sec. 5(b), amended par. (5)
    generally. Prior to amendment, par. (5) read as follows: "The term
    of office of each member of the Board appointed by the President
    shall be 5 years, except that any member appointed to fill a
    vacancy occurring prior to the expiration of the term for which his
    predecessor was appointed shall be appointed for the remainder of
    such term. No member of the Board shall be eligible to serve in
    excess of 2 consecutive terms of 5 years each."
      Subsec. (e)(1). Pub. L. 102-356, Sec. 6, inserted fourth sentence
    and struck out former fourth sentence which read as follows: "No
    officer of the Corporation, other than the Chairman or a Vice
    Chairman, may receive any salary or other compensation from any
    source other than the Corporation for services rendered during the
    period of his employment by the Corporation."
      Subsec. (i)(1)(C), (D). Pub. L. 102-356, Sec. 7, added subpar.
    (C) and redesignated former subpar. (C) as (D).
      Subsec. (k)(1)(C). Pub. L. 102-356, Sec. 8(a), inserted
    provisions authorizing appropriations of $310,000,000 for fiscal
    year 1994, $375,000,000 for fiscal year 1995, and $425,000,000 for
    fiscal year 1996, and struck out provisions authorizing
    appropriations of $180,000,000 for fiscal year 1981, $200,000,000
    for fiscal year 1982, $220,000,000 for fiscal year 1983,
    $145,000,000 for fiscal year 1984, $153,000,000 for fiscal year
    1985, $162,000,000 for fiscal year 1986, $200,000,000 for fiscal
    year 1987, $214,000,000 for fiscal year 1988, $238,000,000 for
    fiscal year 1989, $254,000,000 for fiscal year 1990, and
    $245,000,000 for fiscal year 1991.
      Subsec. (k)(1)(E). Pub. L. 102-356, Sec. 8(b), added subpar. (E).
      Subsec. (k)(3)(A)(i)(II). Pub. L. 102-356, Sec. 9, inserted "or
    for assistance in the provision of affordable training programs for
    employees at public broadcast stations" after "other than English".
      Subsec. (k)(3)(B)(iii)(V). Pub. L. 102-356, Sec. 10, inserted
    before period at end of first sentence ", including carriage and
    viewing information for programs produced or acquired with funds
    provided pursuant to subclause (I)" and substituted "fiscal years
    1992, 1993, 1994, and 1995" for "fiscal year 1992" in second
    sentence.
      Subsec. (k)(3)(B)(iii)(VI). Pub. L. 102-356, Sec. 14(b), added
    subcl. (VI).
      Subsec. (k)(6)(B). Pub. L. 102-356, Sec. 11, inserted "(which the
    Corporation shall review periodically in consultation with public
    radio and television licensees or permittees, or their designated
    representatives)" after "eligibility criteria".
      Subsec. (k)(11). Pub. L. 102-356, Sec. 12(a), added par. (11).
      Subsec. (l)(3)(B)(ii). Pub. L. 102-356, Sec. 13(a), (b)(1),
    designated existing provisions as subcl. (I), substituted
    "biennial" for "biannual", substituted "or" for "and" after
    semicolon, and added subcl. (II).
      Subsec. (l)(3)(B)(iii). Pub. L. 102-356, Sec. 13(b)(2),
    substituted "biennially" for "biannually".
      Subsec. (l)(4). Pub. L. 102-356, Sec. 14(a), added par. (4) and
    struck out former par. (4) which consisted of subpars. (A) to (C)
    relating to National Public Radio's system of financial controls
    and budget and requiring Corporation to report to Congress not
    later than 15 days after Dec. 8, 1983, on actions taken by National
    Public Radio with respect to deficits it accumulated before Oct. 1,
    1983.
      Subsec. (m)(2). Pub. L. 102-356, Sec. 12(b), inserted at end
    "Such report shall include a summary of the statistical reports
    received by the Corporation pursuant to subsection (k)(11), and a
    comparison of the information contained in those reports with the
    information submitted by the Corporation in the previous year's
    annual report."
      1988 - Subsec. (a)(6) to (8). Pub. L. 100-626, Sec. 5, added par.
    (6) and redesignated former pars. (6) and (7) as (7) and (8),
    respectively.
      Subsec. (g)(2)(B)(ii). Pub. L. 100-626, Sec. 6, struck out
    "contract or" after "respect to any".
      Subsec. (k)(1)(C). Pub. L. 100-626, Sec. 3, substituted "1990,
    1991, 1992, and 1993" for "and 1990" and "40 percent" for "50
    percent", struck out "and" after "fiscal year 1989,", and inserted
    ", $245,000,000 for fiscal year 1991, $265,000,000 for fiscal year
    1992, and $285,000,000 for fiscal year 1993" after "fiscal year
    1990".
      Subsec. (k)(3)(A)(i)(I), (II). Pub. L. 100-626, Sec. 7(a)(1),
    (2), amended subcls. (I) and (II) generally. Prior to amendment,
    subcls. (I) and (II) read as follows:
        "(I) not more than 5 percent of such amounts shall be available
      for the administrative expenses of the Corporation;
        "(II) not less than 5 percent of such amounts shall be
      available for other expenses incurred by the Corporation,
      including capital costs relating to telecommunications
      satellites, the payment of programming royalties and other fees,
      and the costs of interconnection facilities and operations (as
      provided in clause (iv)(I)), except that the total amount
      available for obligation for any fiscal year under this subclause
      and subclause (I) shall not exceed 10 percent of the amounts
      appropriated into the Fund available for allocation for such
      fiscal year;".
      Subsec. (k)(3)(A)(i)(III). Pub. L. 100-626, Sec. 7(a)(3),
    substituted "clause (ii)" for "clause (ii)(I)".
      Subsec. (k)(3)(A)(ii)(II). Pub. L. 100-626, Sec. 7(b),
    substituted ", and in accordance with any plan implemented under
    paragraph (6)(A), for national public" for "for public".
      Subsec. (k)(3)(A)(iii). Pub. L. 100-626, Sec. 7(c), amended cl.
    (iii) generally. Prior to amendment, cl. (iii) read as follows: "Of
    the amounts allocated under clause (i)(IV) for any fiscal year - 
        "(I) not less than 50 percent of such amounts (as determined
      under paragraph (6)(A)) shall be available for distribution among
      the licensees and permittees of public radio stations pursuant to
      paragraph (6)(B); and
        "(II) not more than 50 percent of such amounts (as determined
      under paragraph (6)(A)) shall be available for distribution under
      subparagraph (B)(i) for public radio."
      Subsec. (k)(3)(A)(iv)(I). Pub. L. 100-626, Sec. 7(e), substituted
    "From the amount provided pursuant to clause (i)(II)," for "Subject
    to the provisions of clause (v),".
      Subsec. (k)(3)(A)(v). Pub. L. 100-626, Sec. 7(d), amended cl. (v)
    generally. Prior to amendment, cl. (v) read as follows: "If the
    expenses incurred by the Corporation under clause (i)(II) for any
    fiscal year for - 
        "(I) capital costs relating to telecommunications satellites;
        "(II) the payment of programming royalties and other fees; and
        "(III) the costs of interconnection facilities and operations
      (as provided in clause (iv));
    exceed 6 percent of the amounts appropriated into the Fund
    available for allocation for such fiscal year, then 75 percent of
    such excess costs shall be defrayed by the licensees and permittees
    of public television stations from amounts available to such
    licensees and permittees under clause (ii)(I) and 25 percent of
    such excess costs shall be defrayed by the licensees and permittees
    of public radio stations from amounts available to such licensees
    and permittees under clause (iii)(I)."
      Subsec. (k)(3)(B)(i). Pub. L. 100-626, Sec. 7(f), amended cl. (i)
    generally. Prior to amendment, cl. (i) read as follows: "The
    Corporation shall utilize the funds allocated pursuant to
    subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II), and a
    significant portion of such other funds as may be available to the
    Corporation, to make grants and contracts for production of public
    television or radio programs by independent producers and
    production entities and public telecommunications entities, and for
    acquisition of such programs by public telecommunications entities.
    Of the funds utilized pursuant to this clause, a substantial amount
    shall be reserved for distribution to independent producers and
    production entities for the production of programs."
      Subsec. (k)(3)(B)(iii). Pub. L. 100-626, Sec. 8, added cl. (iii).
      Subsec. (k)(3)(C). Pub. L. 100-626, Sec. 7(g), struck out subpar.
    (C) which related to limit on expenditure by Corporation in fiscal
    year 1981 of an amount equal to not more than 5 percent of funds
    made available by Secretary of the Treasury.
      Subsec. (k)(3)(D). Pub. L. 100-626, Sec. 7(g), struck out subpar.
    (D) which related to expenditure by Corporation of 105 percent of
    amount derived for preceding fiscal year, for activities authorized
    under subsection (g)(2) of this section, in fiscal years 1982 and
    1983.
      Subsec. (k)(6)(A). Pub. L. 100-626, Sec. 7(h), amended subpar.
    (A) generally. Prior to amendment, subpar. (A) read as follows:
    "The Corporation, in consultation with public radio stations and
    with National Public Radio (or any successor organization), shall
    determine the percentage of funds allocated under subclause (I) and
    subclause (II) of paragraph (3)(A)(iii) for each fiscal year. The
    Corporation, in consultation with such organizations, also shall
    conduct an annual review of the criteria and conditions applicable
    to such allocations."
      Subsec. (k)(6)(B). Pub. L. 100-626, Sec. 7(i), inserted after
    first sentence "The Corporation shall assist radio stations to
    maintain and improve their service where public radio is the only
    broadcast service available."
      Subsec. (k)(7). Pub. L. 100-626, Sec. 7(j), inserted "(ii)(I) and
    (iii)(I)" after "paragraph (3)(A)".
      Subsec. (k)(10). Pub. L. 100-626, Sec. 4(a), added par. (10).
      Subsec. (m). Pub. L. 100-626, Sec. 9(a), added subsec. (m).
      1986 - Subsec. (k)(1)(C). Pub. L. 99-272, Sec. 5001(c)(1),
    substituted "1986, 1987, 1988, 1989, and 1990" for "and 1986",
    struck out "and" after "fiscal year 1985,", and inserted ",
    $200,000,000 for fiscal year 1987, $214,000,000 for fiscal year
    1988, $238,000,000 for fiscal year 1989, and $254,000,000 for
    fiscal year 1990" before period at end.
      Subsec. (k)(3)(A)(i)(II). Pub. L. 99-272, Sec. 5001(c)(2), struck
    out "research, training, technical assistance, engineering,
    instructional support, payment of interest on indebtedness," after
    "Corporation, including".
      Subsec. (k)(8) to (10). Pub. L. 99-272, Sec. 5001(c)(3),
    redesignated paragraphs (9) and (10) as (8) and (9), respectively.
    Former subsec. (8), which related to refunding to the Corporation
    of an amount equal to the amount of unrelated business income tax,
    was struck out.
      1983 - Subsec. (c)(1). Pub. L. 98-214, Sec. 6(a), struck out ",
    and the President of the Corporation" after "advice and consent of
    the Senate" and provision directing that the President of the
    Corporation serve as the Chairman of the Board.
      Subsec. (d)(1). Pub. L. 98-214, Sec. 6(b)(1), inserted "elect one
    of their members to be Chairman and" after "Members of the Board
    shall annually".
      Subsec. (e)(1). Pub. L. 98-214, Sec. 6(c), substituted "No
    officer of the Corporation, other than the Chairman or a Vice
    Chairman" for "No officer of the Corporation, other than a Vice
    Chairman".
      Subsec. (k)(1)(C). Pub. L. 98-214, Sec. 3(a), substituted ",
    $145,000,000 for fiscal year 1984, $153,000,000 for fiscal year
    1985, and $162,000,000 for fiscal year 1986" for ", and
    $130,000,000 for each of the fiscal years 1984, 1985, and 1986".
      Subsec. (k)(10). Pub. L. 98-214, Sec. 3(b), inserted provision
    requiring assurances that no officer or employee of such entity
    will be loaned money by that entity on an interest-free basis.
      Subsec. (l)(4). Pub. L. 98-214, Sec. 5, added par. (4).
      1981 - Subsec. (a)(5). Pub. L. 97-35, Sec. 1224, inserted
    provisions respecting alternative telecommunications services.
      Subsec. (c). Pub. L. 97-35, Sec. 1225(a)(1), amended subsec. (c)
    generally, substituting provisions respecting appointment,
    selection, service, etc., of the ten members of the Board of
    Directors, for provisions respecting appointment, selection,
    service, etc., of the 15 members of the Board of Directors.
      Subsec. (d). Pub. L. 97-35, Sec. 1225(b), amended subsec. (d)
    generally, substituting in par. (1) provisions respecting election,
    status, compensation, etc., of Vice Chairman, for provisions
    respecting election, status, compensation, etc., of Chairman and
    Vice Chairman.
      Subsec. (e)(1). Pub. L. 97-35, Sec. 1225(c), inserted reference
    to services rendered by a Vice Chairman, and struck out reference
    to the Chairman.
      Subsec. (g). Pub. L. 97-35, Sec. 1234(a), struck out par. (5)
    relating to study and report concerning manner of including
    personal services of volunteers in determining non-Federal
    financial support, and redesignated par. (6) as (5).
      Subsec. (i)(1). Pub. L. 97-35, Sec. 1226, substituted "May" for
    "February".
      Subsec. (k)(1)(C). Pub. L. 97-35, Sec. 1227(a), extended
    authorization of appropriations through 1986.
      Subsec. (k)(2)(B). Pub. L. 97-35, Sec. 1227(b), substituted
    fiscal year basis for disbursement for quarterly basis.
      Subsec. (k)(3)(A). Pub. L. 97-35, Sec. 1227(c)(1), amended
    subpar. (A) generally, substituting provisions mandating the
    establishment by the Corporation of an annual budget for use in
    allocating amounts from the Fund, setting out the allocation and
    distribution formulae, and providing for interconnecting facilities
    and operations costs for making public television and radio
    programs available to public broadcast stations for former
    provisions which had directed the Corporation to reserve for
    distribution among the licensees and permittees of public
    television and radio stations an amount equal to (i) not less than
    40 percent of the funds disbursed by the Corporation from the Fund
    under this section in each fiscal year in which the amount
    disbursed was $88,000,000 or more, but less than $121,000,000; (ii)
    not less than 45 percent of such funds in each fiscal year in which
    the amount disbursed was $121,000,000 or more, but less than
    $160,000,000; and (iii) not less than 50 percent of such funds in
    each fiscal year in which the amount disbursed was $160,000,000 or
    more.
      Subsec. (k)(3)(B)(i). Pub. L. 97-35, Sec. 1227(c)(2), amended cl.
    (i) generally, substituting "The Corporation shall utilize the
    funds allocated pursuant to subparagraph (A)(ii)(II) and
    subparagraph (A)(iii)(II), and a significant portion of such other
    funds as may be available to the Corporation, to make grants and
    contracts for production of public television or radio programs by
    independent producers and production entities and public
    telecommunications entities, and for acquisition of such programs
    by public telecommunications entities. Of the funds utilized
    pursuant to this clause, a substantial amount shall be reserved for
    distribution to independent producers and production entities for
    the production of programs" for "The Corporation shall establish an
    annual budget according to which it shall made grants and contracts
    for production of public television or radio programs by
    independent producers and production entities and public
    telecommunications entities, for acquisition of such programs by
    public telecommunications entities, for interconnection facilities
    and operations, for distribution of funds among public
    telecommunications entities, and for engineering and program-
    related research. A significant portion of funds available under
    the budget established by the Corporation under this subparagraph
    shall be used for funding the production of television and radio
    programs. Of such portion, a substantial amount shall be reserved
    for distribution to independent producers and production entities
    for the production of programs".
      Subsec. (k)(3)(B)(ii). Pub. L. 97-35, Sec. 1227(c)(3)(A), amended
    cl. (ii) generally, substituting "available for distribution under
    clause (i)" for "contained in the annual budget established by the
    Corporation under clause (i)".
      Subsec. (k)(3)(B)(iii), (iv). Pub. L. 97-35, Sec. 1227(c)(3)(B),
    struck out cls. (iii) and (iv) which had provided, respectively,
    that "During each of the fiscal years 1981, 1982, and 1983, the
    annual budget established by the Corporation under clause (i) shall
    consist of not less than 95 percent of the funds made available by
    the Secretary of the Treasury to the Corporation pursuant to
    paragraph (2)(A)" and that "In determining the amount of funds
    which shall be made available for radio programming and operations
    under this subparagraph, the Corporation shall take into account
    the increased financial needs relating to radio programming and
    operations resulting from the expansion and development of
    noncommercial radio broadcast station facilities through the use of
    funds made available pursuant to section 393(d) of this title".
      Subsec. (k)(6)(A). Pub. L. 97-35, Sec. 1227(d)(1), amended
    subpar. (A) generally, substituting "The Corporation, in
    consultation with public radio stations and with National Public
    Radio (or any successor organization), shall determine the
    percentage of funds allocated under subclause (I) and subclause
    (II) of paragraph (3)(A)(iii) for each fiscal year. The
    Corporation, in consultation with such organizations, also shall
    conduct an annual review of the criteria and conditions applicable
    to such allocations" for "The Corporation, in consultation with
    public television and radio licensees, shall review annually the
    percentage of funds reserved pursuant to paragraph (3)(A), and the
    criteria and conditions regarding the division and distribution of
    such funds among public television and radio stations".
      Subsec. (k)(6)(B). Pub. L. 97-35, Sec. 1227(d)(2), amended
    subpar. (B) generally, striking out provision that the funds
    reserved for public broadcast stations pursuant to paragraph (3)(A)
    be divided into two portions, one to be distributed among radio
    stations and one to be distributed among television stations in the
    provisions preceding cl. (i) and inserting "under paragraph
    (3)(A)(ii)(I)" and "under paragraph (3)(A)(iii)(I)".
      Subsec. (k)(7). Pub. L. 97-35, Sec. 1227(e), amended par. (7)
    generally, substituting provisions relating to use of funds
    distributed for provisions limiting amount of funds distributed.
      Subsec. (k)(8). Pub. L. 97-35, Sec. 1227(f), amended par. (8)
    generally, substituting provisions relating to refunding funds to
    the Corporation for provisions relating to the use of funds
    distributed.
      Subsec. (k)(9). Pub. L. 97-35, Sec. 1227(g), in subpar. (A)
    substituted "to assure that (i) its advisory board meets at regular
    intervals; (ii) the members of its advisory board regularly attend
    the meetings of the advisory board; and (iii) the composition of
    its advisory board are reasonably representative of the diverse
    needs" for "to assure that the composition of its advisory board
    reasonably reflects the diverse needs" and in subpars. (A), (D),
    and (E) inserted provisions respecting stations owned and operated
    by a State, a political or special purpose subdivision of a State
    or a public agency.
      Subsec. (l). Pub. L. 97-35, Sec. 1228, inserted provisions in
    par. (1)(A) respecting shared auditing arrangements, and
    substituted in par. (3)(B)(ii) and (iii) provisions relating to
    biannual audits and accompanying report, for provisions relating to
    annual audits and accompanying report.
      1978 - Subsec. (a). Pub. L. 95-567, Sec. 301, substituted
    "public" for "noncommercial educational" and "telecommunications"
    for "radio and television" wherever appearing and inserted
    provisions relating to the growth and development of nonbroadcast
    telecommunications technologies for the delivery of public
    telecommunications services.
      Subsec. (d)(1). Pub. L. 95-567, Sec. 302, struck out provision
    authorizing the President to designate one of the members first
    appointed to the Board as Chairman.
      Subsec. (e)(1). Pub. L. 95-567, Sec. 303(a), inserted provision
    which regulated the rate of compensation an officer or employee of
    the Corporation could receive.
      Subsec. (g). Pub. L. 95-567, Sec. 304, amended subsec. (g)
    generally, substituting "public telecommunications" for
    "educational broadcasting", "noncommercial educational television
    or radio", or "program production" wherever appearing, authorizing
    panel of outside experts to evaluate programs, authorizing
    Corporation to use its own judgment when dealing with programming,
    and striking out provision dealing with the creation of new
    noncommercial educational broadcast stations.
      Subsec. (h). Pub. L. 95-567, Sec. 305, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (i). Pub. L. 95-567, Sec. 306, revised and restructured
    subsection and, as so restructured, substituted "September 30" for
    "June 30", "15th day of February" for "31st day of December", and
    inserted provisions comprising pars. (1)(B) and (C).
      Subsec. (k). Pub. L. 95-567, Sec. 307(a), completely revised and
    restructured subsec. (k) and, in so doing, inserted provisions
    establishing an annual budget, authorizing funds for the fiscal
    years 1978 to 1983, requiring funds be disbursed on a quarterly
    basis, requiring that all meetings of entities receiving funds be
    open to the public, and that the financial records of such entities
    be available for public examination.
      Subsec. (l)(3). Pub. L. 95-567, Sec. 308, completely revised and
    restructured par. (3) and, in so doing, inserted provisions
    requiring an annual audit, furnishing a copy of the audit report,
    and use of uniform accounting principals.
      1975 - Subsec. (g)(2)(H). Pub. L. 94-192, Sec. 3, inserted "and
    the use of nonbroadcast communications technologies for the
    dissemination of educational television or radio programs" after
    "broadcasting".
      Subsec. (i). Pub. L. 94-192, Sec. 4, directed that officers and
    directors be available to testify before Congressional committees
    concerning the annual fiscal report, audit report, or any other
    matter.
      Subsec. (k)(3) to (7). Pub. L. 94-192, Sec. 2, added pars. (3) to
    (7).
      1973 - Subsec. (k)(1). Pub. L. 93-84, Sec. 1(a), substituted
    authorization of appropriation of $50,000,000 and $60,000,000 for
    the fiscal years ending June 30, 1974 and June 30, 1975,
    respectively, for authorization of appropriation of $40,000,000 for
    the fiscal year ending June 30, 1973.
      Subsec. (k)(2). Pub. L. 93-84, Sec. 1(b), substituted "1975" for
    "1973".
      1972 - Subsec. (k)(1). Pub. L. 92-411 struck out authorization of
    appropriation for fiscal years ending June 30, 1969, June 30, 1970,
    and the two succeeding fiscal years and provided for an
    appropriation of $40,000 for fiscal year ending June 30, 1973.
      Subsec. (k)(2). Pub. L. 92-411 substituted "June 30, 1973" for
    "June 30, 1972".
      1970 - Subsec. (k). Pub. L. 91-437 authorized appropriations of
    $20,000,000 for the fiscal year ending June 30, 1970, and
    $30,000,000 for each of the two succeeding fiscal years, and
    further authorized appropriation of amounts equal to the amount of
    total grants, donations, bequests, or other contributions from non-
    Federal sources received by the Corporation during each fiscal
    year with a maximum limit of $5,000,000 for any fiscal year.
      1969 - Subsec. (k)(1). Pub. L. 91-97, Sec. 3(a), inserted "and
    for the next fiscal year the sum of $20,000,000" after "the sum of
    $9,000,000".
      Subsec. (k)(2). Pub. L. 91-97, Sec. 3(b), inserted "or the next
    fiscal year" after "the fiscal year ending June 30, 1969,".
      1968 - Subsec. (k). Pub. L. 90-294 substituted "1969" for "1968".

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5002(b)],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-593, provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply with respect to funds distributed on or after 6 months after
    the date of the enactment of this Act [Nov. 29, 1999]."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 22 of Pub. L. 102-356 provided that: "Section 5(a)
    [amending this section] shall take effect on January 31, 1996. All
    other provisions of this Act [amending this section and sections
    303b, 391, and 393 of this title, enacting provisions set out as
    notes under this section and sections 303 and 609 of this title,
    and repealing provisions set out as a note under section 303 of
    this title] are effective on its date of enactment [Aug. 26,
    1992]."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by sections 6 and 7(d) of Pub. L. 100-626 effective
    Oct. 1, 1989, see section 12 of Pub. L. 100-626, set out as a note
    under section 391 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 1227(c)(4) of Pub. L. 97-35 provided that: "The
    amendments made in this subsection [amending this section] shall
    apply to fiscal years beginning after September 30, 1983."
      Section 1227(d)(3) of Pub. L. 97-35 provided that: "The
    amendments made in this subsection [amending this section] shall
    apply to fiscal years beginning after September 30, 1983."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section
    403 of Pub. L. 95-567, set out as a note under section 390 of this
    title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which reports required under subsecs. (i), (k)(3)(B)(iii)(V)(1st
    sentence), and (m) of this section are listed as the 10th through
    13th items on page 199), see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance.

     TRANSITION RULES RELATING TO TERM OF OFFICE OF BOARD OF DIRECTORS
                  OF CORPORATION FOR PUBLIC BROADCASTING
      Section 5(c) of Pub. L. 102-356 provided that:
      "(1) With respect to the three offices whose terms are prescribed
    by law to expire on March 26, 1992, the term for each such office
    immediately after that date shall expire on January 31, 1998.
      "(2) With respect to the two offices whose terms are prescribed
    by law to expire on March 1, 1994, the term for each of such
    offices immediately after that date shall expire on January 31,
    2000.
      "(3) With respect to the five offices whose terms are prescribed
    by law to expire on March 26, 1996 - 
        "(A) one such office, as selected by the President, shall be
      abolished on January 31, 1996;
        "(B) the term immediately after March 26, 1996, for another
      such office, as designated by the President, shall expire on
      January 31, 2000; and
        "(C) the term for each of the remaining three such offices
      immediately after March 26, 1996, shall expire on January 31,
      2002.
      "(4) As used in this subsection, the term 'office' means an
    office as a member of the Board of Directors of the Corporation for
    Public Broadcasting."

          OBJECTIVITY AND BALANCE POLICY, PROCEDURES, AND REPORT      
      Section 19 of Pub. L. 102-356 provided that: "Pursuant to the
    existing responsibility of the Corporation for Public Broadcasting
    under section 396(g)(1)(A) of the Communications Act of 1934 (47
    U.S.C. 396(g)(1)(A)) to facilitate the full development of public
    telecommunications in which programs of high quality, diversity,
    creativity, excellence, and innovation, which are obtained from
    diverse sources, will be made available to public
    telecommunications entities, with strict adherence to objectivity
    and balance in all programs or series of programs of a
    controversial nature, the Board of Directors of the Corporation
    shall - 
        "(1) review the Corporation's existing efforts to meet its
      responsibility under section 396(g)(1)(A);
        "(2) after soliciting the views of the public, establish a
      comprehensive policy and set of procedures to - 
          "(A) provide reasonable opportunity for members of the public
        to present comments to the Board regarding the quality,
        diversity, creativity, excellence, innovation, objectivity, and
        balance of public broadcasting services, including all public
        broadcasting programming of a controversial nature, as well as
        any needs not met by those services;
          "(B) review, on a regular basis, national public broadcasting
        programming for quality, diversity, creativity, excellence,
        innovation, objectivity, and balance, as well as for any needs
        not met by such programming;
          "(C) on the basis of information received through such
        comment and review, take such steps in awarding programming
        grants pursuant to clauses (ii)(II), (iii)(II), and (iii)(III)
        of section 396(k)(3)(A) of the Communications Act of 1934 (47
        U.S.C. 396(k)(3)(A)) that it finds necessary to meet the
        Corporation's responsibility under section 396(g)(1)(A),
        including facilitating objectivity and balance in programming
        of a controversial nature; and
          "(D) disseminate among public broadcasting entities
        information about its efforts to address concerns about
        objectivity and balance relating to programming of a
        controversial nature so that such entities can utilize the
        Corporation's experience in addressing such concerns within
        their own operations; and
        "(3) starting in 1993, by January 31 of each year, prepare and
      submit to the President for transmittal to the Congress a report
      summarizing its efforts pursuant to paragraphs (1) and (2)."

                CONSUMER INFORMATION; DISCLOSURE OF FUNDING            
      Section 20 of Pub. L. 102-356 provided that: "Prior to the
    expiration of the 90-day period following the date of the enactment
    of this Act [Aug. 26, 1992], the Corporation for Public
    Broadcasting, in consultation with representatives of public
    broadcasting entities, shall develop guidelines to assure that
    program credits for public television programs that receive
    production funding directly from the Corporation for Public
    Broadcasting adequately disclose that all or a portion of the cost
    of producing such program was paid for by funding from the
    Corporation for Public Broadcasting, and that indicates in some
    manner that the Corporation for Public Broadcasting is partially
    funded from Federal tax revenues."

                  INDEPENDENT PRODUCTION SERVICE FUNDING              
      Section 21 of Pub. L. 102-356 provided that: "In making available
    funding pursuant to authorizations under this Act [see Short Title
    of 1992 Amendment note set out under section 609 of this title],
    any independent production service established under section 396(k)
    of the Communications Act of 1934 (47 U.S.C. 396(k)) shall, to the
    maximum extent practicable and consistent with the provisions of
    the Communications Act of 1934 [47 U.S.C. 151 et seq.], provide
    such funding to eligible recipients and projects representing the
    widest possible geographic distribution, with the objective of
    providing funding to eligible recipients and projects in each State
    from which qualified proposals are received over the course of such
    authorizations."

              SATELLITE REPLACEMENT NEEDS; REPORT TO CONGRESS          
      Section 4(b) of Pub. L. 100-626 directed Corporation for Public
    Broadcasting, on behalf of the public radio and public television
    licensees and permittees (or their designated representatives), to
    submit to Congress on or before Mar. 1, 1990, a report by such
    licensees or permittees (or their representatives) detailing the
    satellite replacement needs of public radio and public television,
    the difference in cost between leasing satellite transponder
    capacity and buying such capacity, and the availability of private
    sector rather than Federal financing.

      CONTINUATION OF INDIVIDUALS SERVING ON THE BOARD OF DIRECTORS;
     REDUCTION IN MEMBERSHIP OF BOARD; POLITICAL AFFILIATION OF BOARD
          APPOINTEES; ABOLITION OF FIVE OFFICES ON MARCH 1, 1984
      Section 1225(a)(2) of Pub. L. 97-35, as amended by Pub. L. 97-
    410, Sec. 4, Jan. 3, 1983, 96 Stat. 2044, provided that:
      "(A) The amendment made in paragraph (1) [amending this section]
    shall not affect the continuation in office of any individual
    serving on the Board of Directors of the Corporation for Public
    Broadcasting on the date of the enactment of this Act [Aug. 13,
    1981].
      "(B) Notwithstanding the provisions of subsection (c) of section
    396 of the Communications Act of 1934 [subsec. (c) of this
    section], in the case of the offices of director the terms of which
    expired March 1982, persons appointed to fill two of such vacancies
    existing as of December 13, 1982, shall be appointed for terms
    which shall expire on March 1, 1984 and shall not be
    respresentative [sic] of the political party having a majority of
    the directors of the Board on December 13, 1982. Persons appointed
    for a term beginning March 1, 1984, to fill the vacancies occurring
    in such offices the terms of which, by reason of the preceding
    sentence, expire on March 1, 1984, shall not be filled by persons
    representing the political party having a majority of the directors
    of the Board on March 1, 1984. Persons appointed on or after March
    1, 1984, to fill vacancies in the two such offices shall be
    appointed for terms of five years. On March 1, 1984, there are
    abolished those five offices of director the terms of which,
    without application of the preceding provisions of this paragraph,
    expire on such date. In administering the provisions of this
    paragraph a director is a minority member of the Board if he is not
    a member of the political party to which the majority of the
    directors of the Board are members."

         TEMPORARY COMMISSION ON ALTERNATIVE FINANCING FOR PUBLIC
      TELECOMMUNICATIONS; COMPOSITION; PERSONNEL; FUNCTIONS; REPORT;
     DEMONSTRATION PROGRAMS FOR DETERMINING FEASIBILITY OF PERMITTING
     PUBLIC TELEVISION STATIONS AND PUBLIC RADIO STATION LICENSEES TO
                    BROADCAST ADVERTISING ANNOUNCEMENTS
      Sections 1232 and 1233 of Pub. L. 97-35 established a Temporary
    Commission on Alternative Financing for Public Telecommunications
    for the purpose of conducting a study, to be submitted to Congress
    not later than July 1, 1982, regarding options which may be
    available to public telecommunications entities, the Public
    Broadcasting Service, and National Public Radio with respect to
    development of sources of revenue in addition to sources available
    to such entities on Aug. 13, 1981, further provided for membership
    of the Temporary Commission as well as other administrative
    matters, further authorized the Temporary Commission to establish a
    demonstration program to allow broadcast advertising announcements
    on public radio and television stations, which would run from Jan.
    1, 1982, to June 30, 1983, further directed the Temporary
    Commission to submit to Congress, not later than Oct. 1, 1983, a
    report on the demonstration program, and further provided for the
    termination of the Temporary Commission 90 days after the
    submission of this report to Congress.

                  COMPENSATION OF OFFICERS AND EMPLOYEES              
      Section 303(b) of Pub. L. 95-567 provided that: "The amendment
    made by subsection (a) [amending this section] shall not be
    construed to reduce the annual rate of pay of any officer or
    employee of the Corporation for Public Broadcasting in any case in
    which (1) such officer or employee was appointed or named to any
    position in the Corporation before the date of the enactment of
    this Act [Nov. 2, 1978]; and (2) the annual rate of pay for such
    position, as in effect on such date of enactment, exceeds the
    maximum rate of pay established in section 396(e)(1) of the
    Communications Act of 1934 [subsec. (e)(1) of this section], as
    amended by subsection (a)."
      Section 307(b) of Pub. L. 95-567 provided that: "Section
    396(k)(10) of the Communications Act of 1934 [subsec. (k)(10) of
    this section], as added by subsection (a), shall not be construed
    to reduce the annual rate of pay of any officer or employee of the
    Public Broadcasting Service or National Public Radio (or any
    successor organization) in any case in which (1) such officer or
    employee was appointed or named to any position in the Public
    Broadcasting Service or National Public Radio (or any successor
    organization) before the date of the enactment of this Act [Nov. 2,
    1978]; and (2) the annual rate of pay for such position, as in
    effect on such date of enactment, exceeds the maximum rate of pay
    established in section 396(k)(10) of the Communications Act of 1934
    [subsec. (k)(10) of this section], as added by subsection (a)."

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by "and".

    (!2) So in original. Probably should be "is".

    (!3) So in original. Probably should not be capitalized.

    (!4) So in original. Probably should be "the organization,".

-End-

-CITE-
    47 USC subpart e - general provisions                       01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart e - general provisions

-HEAD-
                      SUBPART E - GENERAL PROVISIONS                  

-End-

-CITE-
    47 USC Sec. 397                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart e - general provisions

-HEAD-
    Sec. 397. Definitions

-STATUTE-
      For the purposes of this part - 
      (1) The term "construction" (as applied to public
    telecommunications facilities) means acquisition (including
    acquisition by lease), installation, and modernization of public
    telecommunications facilities and planning and preparatory steps
    incidental to any such acquisition, installation, or modernization.
      (2) The term "Corporation" means the Corporation for Public
    Broadcasting authorized to be established in subpart D.
      (3) The term "interconnection" means the use of microwave
    equipment, boosters, translators, repeaters, communication space
    satellites, or other apparatus or equipment for the transmission
    and distribution of television or radio programs to public
    telecommunications entities.
      (4) The term "interconnection system" means any system of
    interconnection facilities used for the distribution of programs to
    public telecommunications entities.
      (5) The term "meeting" means the deliberations of at least the
    number of members of a governing or advisory body, or any committee
    thereof, required to take action on behalf of such body or
    committee where such deliberations determine or result in the joint
    conduct or disposition of the governing or advisory body's
    business, or the committee's business, as the case may be, but only
    to the extent that such deliberations relate to public
    broadcasting.
      (6) The terms "noncommercial educational broadcast station" and
    "public broadcast station" mean a television or radio broadcast
    station which - 
        (A) under the rules and regulations of the Commission in effect
      on November 2, 1978, is eligible to be licensed by the Commission
      as a noncommercial educational radio or television broadcast
      station and which is owned and operated by a public agency or
      nonprofit private foundation, corporation, or association; or
        (B) is owned and operated by a municipality and which transmits
      only noncommercial programs for education purposes.

      (7) The term "noncommercial telecommunications entity" means any
    enterprise which - 
        (A) is owned and operated by a State, a political or special
      purpose subdivision of a State, a public agency, or a nonprofit
      private foundation, corporation, or association; and
        (B) has been organized primarily for the purpose of
      disseminating audio or video noncommercial educational and
      cultural programs to the public by means other than a primary
      television or radio broadcast station, including, but not limited
      to, coaxial cable, optical fiber, broadcast translators,
      cassettes, discs, microwave, or laser transmission through the
      atmosphere.

      (8) The term "nonprofit" (as applied to any foundation,
    corporation, or association) means a foundation, corporation, or
    association, no part of the net earnings of which inures, or may
    lawfully inure, to the benefit of any private shareholder or
    individual.
      (9) The term "non-Federal financial support" means the total
    value of cash and the fair market value of property and services
    (including, to the extent provided in the second sentence of this
    paragraph, the personal services of volunteers) received - 
        (A) as gifts, grants, bequests, donations, or other
      contributions for the construction or operation of noncommercial
      educational broadcast stations, or for the production,
      acquisition, distribution, or dissemination of educational
      television or radio programs, and related activities, from any
      source other than (i) the United States or any agency or
      instrumentality of the United States; or (ii) any public
      broadcasting entity; or
        (B) as gifts, grants, donations, contributions, or payments
      from any State, or any educational institution, for the
      construction or operation of noncommercial educational broadcast
      stations or for the production, acquisition, distribution, or
      dissemination of educational television or radio programs, or
      payments in exchange for services or materials with respect to
      the provision of educational or instructional television or radio
      programs.

    Such term includes the fair market value of personal services of
    volunteers, as computed using the valuation standards established
    by the Corporation, but only, with respect to such an entity in a
    fiscal year, to the extent that the value of the services does not
    exceed 5 percent of the total non-Federal financial support of the
    entity in such fiscal year.
      (10) The term "preoperational expenses" means all nonconstruction
    costs incurred by new telecommunications entities before the date
    on which they begin providing service to the public, and all
    nonconstruction costs associated with expansion of existing
    entities before the date on which such expanded capacity is
    activated, except that such expenses shall not include any portion
    of the salaries of any personnel employed by an operating public
    telecommunications entity.
      (11) The term "public broadcasting entity" means the Corporation,
    any licensee or permittee of a public broadcast station, or any
    nonprofit institution engaged primarily in the production,
    acquisition, distribution, or dissemination of educational and
    cultural television or radio programs.
      (12) The term "public telecommunications entity" means any
    enterprise which - 
        (A) is a public broadcast station or a noncommercial
      telecommunications entity; and
        (B) disseminates public telecommunications services to the
      public.

      (13) The term "public telecommunications facilities" means
    apparatus necessary for production, interconnection, captioning,
    broadcast, or other distribution of programming, including, but not
    limited to, studio equipment, cameras, microphones, audio and video
    storage or reproduction equipment, or both, signal processors and
    switchers, towers, antennas, transmitters, translators, microwave
    equipment, mobile equipment, satellite communications equipment,
    instructional television fixed service equipment, subsidiary
    communications authorization transmitting and receiving equipment,
    cable television equipment, video and audio cassettes and discs,
    optical fiber communications equipment, and other means of
    transmitting, emitting, storing, and receiving images and sounds,
    or intelligence, except that such term does not include the
    buildings to house such apparatus (other than small equipment
    shelters which are part of satellite earth stations, translators,
    microwave interconnection facilities, and similar facilities).
      (14) The term "public telecommunications services" means
    noncommercial educational and cultural radio and television
    programs, and related noncommercial instructional or informational
    material that may be transmitted by means of electronic
    communications.
      (15) The term "Secretary" means the Secretary of Commerce when
    such term is used in subpart A and subpart B, and the Secretary of
    Health and Human Services when such term is used in subpart C,
    subpart D, and this subpart.
      (16) The term "State" includes the District of Columbia, the
    Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
    Samoa, the Northern Mariana Islands, and the Trust Territory of the
    Pacific Islands.
      (17) The term "system of public telecommunications entities"
    means any combination of public telecommunications entities acting
    cooperatively to produce, acquire, or distribute programs, or to
    undertake related activities.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 397, formerly Sec. 394, as
    added Pub. L. 87-447, May 1, 1962, 76 Stat. 67; renumbered Sec. 397
    and amended Pub. L. 90-129, title I, Secs. 103(f), 105, 106, title
    II, Sec. 201(3), (6), Nov. 7, 1967, 81 Stat. 366-368; Pub. L. 94-
    192, Sec. 5, Dec. 31, 1975, 89 Stat. 1100; Pub. L. 94-309, Sec. 6,
    June 5, 1976, 90 Stat. 684; Pub. L. 95-567, title IV, Sec. 401,
    Nov. 2, 1978, 92 Stat. 2422; Pub. L. 97-35, title XII, Sec.
    1234(b), Aug. 13, 1981, 95 Stat. 736; Pub. L. 101-437, title II,
    Sec. 203(b), Oct. 17, 1990, 104 Stat. 1000; Pub. L. 104-316, title
    I, Sec. 126(a), Oct. 19, 1996, 110 Stat. 3840.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in provision preceding par. (1), commences
    with section 390 of this title.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 397, act June 19, 1934, ch. 652, title III, Sec.
    397, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, was
    renumbered section 398 by Pub. L. 90-129, and is classified to
    section 398 of this title.

                                AMENDMENTS                            
      1996 - Par. (9). Pub. L. 104-208, in closing provisions, struck
    out "and approved by the Comptroller General pursuant to section
    396(g)(5) of this title" after "by the Corporation" and "with
    respect to such services provided to public telecommunications
    entities after such standards are approved by the Comptroller
    General and only" before ", with respect to such an entity".
      1990 - Par. (2). Pub. L. 101-437, Sec. 203(b)(1), substituted
    "subpart D" for "subpart C".
      Par. (15). Pub. L. 101-437, Sec. 203(b)(2), inserted "and subpart
    B" after "subpart A" and substituted "subpart C, subpart D" for
    "subpart B, subpart C".
      1981 - Par. (15). Pub. L. 97-35 substituted "Health and Human
    Services" for "Health, Education, and Welfare".
      1978 - Pub. L. 95-567, revised definition of "construction",
    "corporation", "interconnection", "noncommercial educational
    broadcast station", "non-Federal financial support", "Secretary"
    and "State", inserted definitions of "meeting", "interconnection
    system", "noncommercial telecommunications entity", "preoperational
    expenses", "public telecommunications entity", "public
    telecommunications facilities", and "public telecommunications
    services", and deleted definitions of "educational television or
    radio programs" and "State educational television agency" in order
    to make such definitions consistent with the chapter as amended.
      1976 - Par. (2). Pub. L. 94-309 substituted "transmission and
    reception apparatus" for "transmission apparatus" and "closed
    circuit television or radio programs" for "closed circuit
    television programs" and inserted in parenthetical text reference
    to non-video recording equipment, radio subcarrier receivers and
    satellite transceivers.
      1975 - Pars. (10), (11). Pub. L. 94-192 added pars. (10) and
    (11).
      1967 - Par. (1). Pub. L. 90-129, Sec. 105(a), included the Virgin
    Islands, Guam, American Samoa, and the Trust Territory of the
    Pacific Islands in definition of "State".
      Par. (2). Pub. L. 90-129, Secs. 103(f)(1), 106, provided for
    application of term "construction" to educational radio
    broadcasting facilities and defined such term to include
    acquisition and installation of transmission apparatus necessary
    for radio broadcasting, and included costs of planning,
    respectively.
      Par. (4). Pub. L. 90-129, Secs. 103(f)(2), 105(b), substituted
    "The terms 'State educational television agency' and 'State
    educational radio agency' mean, with respect to television
    broadcasting and radio broadcasting, respectively," for "The term
    'State educational television agency' means" and "such
    broadcasting" for "educational television" in cls. (A) and (B), and
    defined "Governor" to include the High Commissioner of the Trust
    Territory of the Pacific Islands, respectively.
      Pars. (6) to (9). Pub. L. 90-129, Sec. 201(6), added pars. (6) to
    (9).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section
    403 of Pub. L. 95-567, set out as a note under section 390 of this
    title.

-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-

-CITE-
    47 USC Sec. 398                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart e - general provisions

-HEAD-
    Sec. 398. Federal interference or control

-STATUTE-
    (a) Prohibition
      Nothing contained in this part shall be deemed (1) to amend any
    other provision of, or requirement under, this chapter; or (2)
    except to the extent authorized in subsection (b) of this section,
    to authorize any department, agency, officer, or employee of the
    United States to exercise any direction, supervision, or control
    over public telecommunications, or over the Corporation or any of
    its grantees or contractors, or over the charter or bylaws of the
    Corporation, or over the curriculum, program of instruction, or
    personnel of any educational institution, school system, or public
    telecommunications entity.
    (b) Equal opportunity employment
      (1) Equal opportunity in employment shall be afforded to all
    persons by the Public Broadcasting Service and National Public
    Radio (or any successor organization) and by all public
    telecommunications entities receiving funds pursuant to subpart C
    (!1) (hereinafter in this subsection referred to as "recipients"),
    in accordance with the equal employment opportunity regulations of
    the Commission, and no person shall be subjected to discrimination
    in employment by any recipient on the grounds of race, color,
    religion, national origin, or sex.

      (2)(A) The Secretary is authorized and directed to enforce this
    subsection and to prescribe such rules and regulations as may be
    necessary to carry out the functions of the Secretary under this
    subsection.
      (B) The Secretary shall provide for close coordination with the
    Commission in the administration of the responsibilities of the
    Secretary under this subsection which are of interest to or affect
    the functions of the Commission so that, to the maximum extent
    possible consistent with the enforcement responsibilities of each,
    the reporting requirements of public telecommunications entities
    shall be uniformly based upon consistent definitions and categories
    of information.
      (3)(A) The Corporation shall incorporate into each grant
    agreement or contract with any recipient entered into on or after
    the effective date of the rules and regulations prescribed by the
    Secretary pursuant to paragraph (2)(A), a statement indicating
    that, as a material part of the terms and conditions of the grant
    agreement or contract, the recipient will comply with the
    provisions of paragraph (1) and the rules and regulations
    prescribed pursuant to paragraph (2)(A). Any person which desires
    to be a recipient (within the meaning of paragraph (1)) of funds
    under subpart C (!1) shall, before receiving any such funds,
    provide to the Corporation any information which the Corporation
    may require to satisfy itself that such person is affording equal
    opportunity in employment in accordance with the requirements of
    this subsection. Determinations made by the Corporation in
    accordance with the preceding sentence shall be based upon
    guidelines relating to equal opportunity in employment which shall
    be established by rule by the Secretary.
      (B) If the Corporation is not satisfied that any such person is
    affording equal opportunity in employment in accordance with the
    requirements of this subsection, the Corporation shall notify the
    Secretary, and the Secretary shall review the matter and make a
    final determination regarding whether such person is affording
    equal opportunity in employment. In any case in which the Secretary
    conducts a review under the preceding sentence, the Corporation
    shall make funds available to the person involved pursuant to the
    grant application of such person (if the Corporation would have
    approved such application but for the finding of the Corporation
    under this paragraph) pending a final determination of the
    Secretary upon completion of such review. The Corporation shall
    monitor the equal employment opportunity practices of each
    recipient throughout the duration of the grant or contract.
      (C) The provisions of subparagraph (A) and subparagraph (B) shall
    take effect on the effective date of the rules and regulations
    prescribed by the Secretary pursuant to paragraph (2)(A).
      (4) Based upon its responsibilities under paragraph (3), the
    Corporation shall provide an annual report for the preceding fiscal
    year ending September 30 to the Secretary on or before the 15th day
    of February of each year. The report shall contain information in
    the form required by the Secretary. The Corporation shall submit a
    summary of such report to the President and the Congress as part of
    the report required in section 396(i) of this title. The
    Corporation shall provide other information in the form which the
    Secretary may require in order to carry out the functions of the
    Secretary under this subsection.
      (5) Whenever the Secretary makes a final determination, pursuant
    to the rules and regulations which the Secretary shall prescribe,
    that a recipient is not in compliance with paragraph (1), the
    Secretary shall, within 10 days after such determination, notify
    the recipient in writing of such determination and request the
    recipient to secure compliance. Unless the recipient within 120
    days after receipt of such written notice - 
        (A) demonstrates to the Secretary that the violation has been
      corrected; or
        (B) enters into a compliance agreement approved by the
      Secretary;

    the Secretary shall direct the Corporation to reduce or suspend any
    further payments of funds under this part to the recipient and the
    Corporation shall comply with such directive. Resumption of
    payments shall take place only when the Secretary certifies to the
    Corporation that the recipient has entered into a compliance
    agreement approved by the Secretary. A recipient whose funds have
    been reduced or suspended under this paragraph may apply at any
    time to the Secretary for such certification.
    (c) Control over content or distribution of programs
      Nothing in this section shall be construed to authorize any
    department, agency, officer, or employee of the United States to
    exercise any direction, supervision, or control over the content or
    distribution of public telecommunications programs and services, or
    over the curriculum or program of instruction of any educational
    institution or school system.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 398, formerly Sec. 397, as
    added Pub. L. 87-447, May 1, 1962, 76 Stat. 67; renumbered Sec. 398
    and amended Pub. L. 90-129, title I, Sec. 103(g), title II, Sec.
    201(3), (5), Nov. 7, 1967, 81 Stat. 367, 368; Pub. L. 95-567, title
    III, Sec. 309, Nov. 2, 1978, 92 Stat. 2420; Pub. L. 100-626, Sec.
    9(b), Nov. 7, 1988, 102 Stat. 3211.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsecs. (a) and (b)(5), commences with
    section 390 of this title.
      Subpart C, referred to in subsec. (b)(1), (3)(A), was
    redesignated subpart D by Pub. L. 101-437, title II, Sec.
    203(a)(2), Oct. 17, 1990, 104 Stat. 998.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b)(1). Pub. L. 100-626, Sec. 9(b), inserted "in
    accordance with the equal employment opportunity regulations of the
    Commission," before "and no person".
      1978 - Pub. L. 95-567 designated existing provisions as subsec.
    (a), substituted "public telecommunications entity" and "public
    telecommunications" for "educational broadcasting station or
    system" and "educational television or radio broadcasting",
    respectively, and added subsecs. (b) and (c).
      1967 - Pub. L. 90-129, Secs. 103(g), 201(5), inserted "or radio"
    and ", or over the Corporation or any of its grantees or
    contractors, or over the charter or bylaws of the Corporation,"
    before and after "broadcasting", where first appearing,
    respectively.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section
    403 of Pub. L. 95-567, set out as a note under section 390 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    47 USC Sec. 399                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart e - general provisions

-HEAD-
    Sec. 399. Support of political candidates prohibited

-STATUTE-
      No noncommercial educational broadcasting station may support or
    oppose any candidate for political office.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 399, as added Pub. L. 90-
    129, title II, Sec. 201(8), Nov. 7, 1967, 81 Stat. 368; amended
    Pub. L. 93-84, Sec. 2, Aug. 6, 1973, 87 Stat. 219; Pub. L. 94-309,
    Sec. 7, June 5, 1976, 90 Stat. 685; Pub. L. 97-35, title XII, Sec.
    1229, Aug. 13, 1981, 95 Stat. 730; Pub. L. 100-626, Sec. 10, Nov.
    7, 1988, 102 Stat. 3211.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-626, in section catchline, substituted
    "Support of" for "Editorializing and support of", and in text,
    struck out provisions which prohibited editorializing by
    noncommercial educational broadcasting station which receives grant
    from Corporation under subpart C of this part.
      1981 - Pub. L. 97-35 revised subsec. (a) into existing provisions
    and, as so revised, added requirement respecting grant under
    subpart C of this part, and struck out subsec. (b), which related
    to program recording of broadcasts where issues of public
    importance are discussed.
      1976 - Subsec. (b)(5). Pub. L. 94-309 added par. (5).
      1973 - Pub. L. 93-84 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-

-CITE-
    47 USC Sec. 399a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart e - general provisions

-HEAD-
    Sec. 399a. Use of business or institutional logograms

-STATUTE-
    (a) "Business or institutional logogram" defined
      For purposes of this section, the term "business or institutional
    logogram" means any aural or visual letters or words, or any symbol
    or sign, which is used for the exclusive purpose of identifying any
    corporation, company, or other organization, and which is not used
    for the purpose of promoting the products, services, or facilities
    of such corporation, company, or other organization.
    (b) Permitted uses
      Each public television station and each public radio station
    shall be authorized to broadcast announcements which include the
    use of any business or institutional logogram and which include a
    reference to the location of the corporation, company, or other
    organization involved, except that such announcements may not
    interrupt regular programming.
    (c) Authority of Commission not limited
      The provisions of this section shall not be construed to limit
    the authority of the Commission to prescribe regulations relating
    to the manner in which logograms may be used to identify
    corporations, companies, or other organizations.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 399A, as added Pub. L. 97-
    35, title XII, Sec. 1230, Aug. 13, 1981, 95 Stat. 730.)

-End-

-CITE-
    47 USC Sec. 399b                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
    Part IV - Assistance for Planning and Construction of Public
               Telecommunications Facilities; Telecommunications
               Demonstrations; Corporation for Public Broadcasting;
               General Provisions                    
    subpart e - general provisions

-HEAD-
    Sec. 399b. Offering of certain services, facilities, or products by
      public broadcast station

-STATUTE-
    (a) "Advertisement" defined
      For purposes of this section, the term "advertisement" means any
    message or other programming material which is broadcast or
    otherwise transmitted in exchange for any remuneration, and which
    is intended - 
        (1) to promote any service, facility, or product offered by any
      person who is engaged in such offering for profit;
        (2) to express the views of any person with respect to any
      matter of public importance or interest; or
        (3) to support or oppose any candidate for political office.
    (b) Offering of services, facilities, or products permitted;
      advertisements prohibited
      (1) Except as provided in paragraph (2), each public broadcast
    station shall be authorized to engage in the offering of services,
    facilities, or products in exchange for remuneration.
      (2) No public broadcast station may make its facilities available
    to any person for the broadcasting of any advertisement.
    (c) Use of funds from offering services, etc.
      Any public broadcast station which engages in any offering
    specified in subsection (b)(1) of this section may not use any
    funds distributed by the Corporation under section 396(k) of this
    title to defray any costs associated with such offering. Any such
    offering by a public broadcast station shall not interfere with the
    provision of public telecommunications services by such station.
    (d) Development of accounting system
      Each public broadcast station which engages in the activity
    specified in subsection (b)(1) of this section shall, in
    consultation with the Corporation, develop an accounting system
    which is designed to identify any amounts received as remuneration
    for, or costs related to, such activities under this section, and
    to account for such amounts separately from any other amounts
    received by such station from any source.

-SOURCE-
    (June 19, 1934, ch. 652, title III, Sec. 399B, as added Pub. L. 97-
    35, title XII, Sec. 1231, Aug. 13, 1981, 95 Stat. 731.)

-End-

-CITE-
    47 USC SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE
           PROVISIONS                                      01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
         SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS     

-End-

-CITE-
    47 USC Sec. 401                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 401. Enforcement provisions

-STATUTE-
    (a) Jurisdiction
      The district courts of the United States shall have jurisdiction,
    upon application of the Attorney General of the United States at
    the request of the Commission, alleging a failure to comply with or
    a violation of any of the provisions of this chapter by any person,
    to issue a writ or writs of mandamus commanding such person to
    comply with the provisions of this chapter.
    (b) Orders of Commission
      If any person fails or neglects to obey any order of the
    Commission other than for the payment of money, while the same is
    in effect, the Commission or any party injured thereby, or the
    United States, by its Attorney General, may apply to the
    appropriate district court of the United States for the enforcement
    of such order. If, after hearing, that court determines that the
    order was regularly made and duly served, and that the person is in
    disobedience of the same, the court shall enforce obedience to such
    order by a writ of injunction or other proper process, mandatory or
    otherwise, to restrain such person or the officers, agents, or
    representatives of such person, from further disobedience of such
    order, or to enjoin upon it or them obedience to the same.
    (c) Duty to prosecute
      Upon the request of the Commission it shall be the duty of any
    United States attorney to whom the Commission may apply to
    institute in the proper court and to prosecute under the direction
    of the Attorney General of the United States all necessary
    proceedings for the enforcement of the provisions of this chapter
    and for the punishment of all violations thereof, and the costs and
    expenses of such prosecutions shall be paid out of the
    appropriations for the expenses of the courts of the United States.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 401, 48 Stat. 1092; June
    25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Pub. L. 93-528, Sec. 6(a),
    Dec. 21, 1974, 88 Stat. 1709.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (c), was in the
    original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat.
    1064, as amended, known as the Communications Act of 1934, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 609 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1974 - Subsec. (d). Pub. L. 93-528 repealed subsec. (d) which
    provided that the provisions of sections 28 and 29 of title 15,
    section 345(1) of title 28, and sections 44 and 45 of title 49,
    shall be held to apply to any suit in equity arising under sections
    201 to 222 of this title, wherein the United States is complainant.

-CHANGE-
                              CHANGE OF NAME                          
      Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States
    attorney" for "district attorney" in subsec. (c). See section 541
    of Title 28, Judiciary and Judicial Procedure, and Historical and
    Revision Notes thereunder.

-End-

-CITE-
    47 USC Sec. 402                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 402. Judicial review of Commission's orders and decisions

-STATUTE-
    (a) Procedure
      Any proceeding to enjoin, set aside, annul, or suspend any order
    of the Commission under this chapter (except those appealable under
    subsection (b) of this section) shall be brought as provided by and
    in the manner prescribed in chapter 158 of title 28.
    (b) Right to appeal
      Appeals may be taken from decisions and orders of the Commission
    to the United States Court of Appeals for the District of Columbia
    in any of the following cases:
        (1) By any applicant for a construction permit or station
      license, whose application is denied by the Commission.
        (2) By any applicant for the renewal or modification of any
      such instrument of authorization whose application is denied by
      the Commission.
        (3) By any party to an application for authority to transfer,
      assign, or dispose of any such instrument of authorization, or
      any rights thereunder, whose application is denied by the
      Commission.
        (4) By any applicant for the permit required by section 325 of
      this title whose application has been denied by the Commission,
      or by any permittee under said section whose permit has been
      revoked by the Commission.
        (5) By the holder of any construction permit or station license
      which has been modified or revoked by the Commission.
        (6) By any other person who is aggrieved or whose interests are
      adversely affected by any order of the Commission granting or
      denying any application described in paragraphs (1), (2), (3),
      (4), and (9) of this subsection.
        (7) By any person upon whom an order to cease and desist has
      been served under section 312 of this title.
        (8) By any radio operator whose license has been suspended by
      the Commission.
        (9) By any applicant for authority to provide interLATA
      services under section 271 of this title whose application is
      denied by the Commission.
    (c) Filing notice of appeal; contents; jurisdiction; temporary
      orders
      Such appeal shall be taken by filing a notice of appeal with the
    court within thirty days from the date upon which public notice is
    given of the decision or order complained of. Such notice of appeal
    shall contain a concise statement of the nature of the proceedings
    as to which the appeal is taken; a concise statement of the reasons
    on which the appellant intends to rely, separately stated and
    numbered; and proof of service of a true copy of said notice and
    statement upon the Commission. Upon filing of such notice, the
    court shall have jurisdiction of the proceedings and of the
    questions determined therein and shall have power, by order,
    directed to the Commission or any other party to the appeal, to
    grant such temporary relief as it may deem just and proper. Orders
    granting temporary relief may be either affirmative or negative in
    their scope and application so as to permit either the maintenance
    of the status quo in the matter in which the appeal is taken or the
    restoration of a position or status terminated or adversely
    affected by the order appealed from and shall, unless otherwise
    ordered by the court, be effective pending hearing and
    determination of said appeal and compliance by the Commission with
    the final judgment of the court rendered in said appeal.
    (d) Notice to interested parties; filing of record
      Upon the filing of any such notice of appeal the appellant shall,
    not later than five days after the filing of such notice, notify
    each person shown by the records of the Commission to be interested
    in said appeal of the filing and pendency of the same. The
    Commission shall file with the court the record upon which the
    order complained of was entered, as provided in section 2112 of
    title 28.
    (e) Intervention
      Within thirty days after the filing of any such appeal any
    interested person may intervene and participate in the proceedings
    had upon said appeal by filing with the court a notice of intention
    to intervene and a verified statement showing the nature of the
    interest of such party, together with proof of service of true
    copies of said notice and statement, both upon appellant and upon
    the Commission. Any person who would be aggrieved or whose interest
    would be adversely affected by a reversal or modification of the
    order of the Commission complained of shall be considered an
    interested party.
    (f) Records and briefs
      The record and briefs upon which any such appeal shall be heard
    and determined by the court shall contain such information and
    material, and shall be prepared within such time and in such manner
    as the court may by rule prescribe.
    (g) Time of hearing; procedure
      The court shall hear and determine the appeal upon the record
    before it in the manner prescribed by section 706 of title 5.
    (h) Remand
      In the event that the court shall render a decision and enter an
    order reversing the order of the Commission, it shall remand the
    case to the Commission to carry out the judgment of the court and
    it shall be the duty of the Commission, in the absence of the
    proceedings to review such judgment, to forthwith give effect
    thereto, and unless otherwise ordered by the court, to do so upon
    the basis of the proceedings already had and the record upon which
    said appeal was heard and determined.
    (i) Judgment for costs
      The court may, in its discretion, enter judgment for costs in
    favor of or against an appellant, or other interested parties
    intervening in said appeal, but not against the Commission,
    depending upon the nature of the issues involved upon said appeal
    and the outcome thereof.
    (j) Finality of decision; review by Supreme Court
      The court's judgment shall be final, subject, however, to review
    by the Supreme Court of the United States upon writ of certiorari
    on petition therefor under section 1254 of title 28, by the
    appellant, by the Commission, or by any interested party
    intervening in the appeal, or by certification by the court
    pursuant to the provisions of that section.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 402, 48 Stat. 1093; May 20,
    1937, ch. 229, Secs. 11-13, 50 Stat. 197; May 24, 1949, ch. 139,
    Sec. 132, 63 Stat. 108; July 16, 1952, ch. 879, Sec. 14, 66 Stat.
    718; Pub. L. 85-791, Sec. 12, Aug. 28, 1958, 72 Stat. 945; Pub. L.
    97-259, title I, Secs. 121, 127(b), Sept. 13, 1982, 96 Stat. 1097,
    1099; Pub. L. 98-620, title IV, Sec. 402(50), Nov. 8, 1984, 98
    Stat. 3361; Pub. L. 104-104, title I, Sec. 151(b), Feb. 8, 1996,
    110 Stat. 107.)

-MISC1-
                                AMENDMENTS                            
      1996 - Par. (6). Pub. L. 104-104, Sec. 151(b)(1), inserted
    reference to par. (9).
      Subsec. (b)(9). Pub. L. 104-104, Sec. 151(b)(2), added par. (9).
      1984 - Subsec. (g). Pub. L. 98-620 substituted "The" for "At the
    earliest convenient time the" and "706 of title 5" for "10(e) of
    the Administrative Procedure Act [former 5 U.S.C. 1009(e)]".
      1982 - Subsec. (a). Pub. L. 97-259, Sec. 127(b), substituted
    "chapter 158 of title 28" for "Public Law 901, Eighty-first
    Congress, approved December 29, 1950".
      Subsec. (d). Pub. L. 97-259, Sec. 121, substituted "appellant"
    for "Commission", "filing of such notice" for "date of service upon
    it", struck out "and shall thereafter permit any such person to
    inspect and make copies of said notice and statement of reasons
    therefor at the office of the Commission in the city of Washington"
    after "pendency of the same", and substituted "The" for "Within
    thirty days after the filing of an appeal, the" before "Commission
    shall file".
      1958 - Subsec. (d). Pub. L. 85-791 substituted "the record upon
    which the order complained of was entered, as provided in section
    2112 of title 28," for "a copy of the order complained of, a full
    statement in writing of the facts and grounds relied upon by it in
    support of the order involved upon said appeal, and the originals
    or certified copies of all papers and evidence presented to and
    considered by it in entering said order" in second sentence.
      1952 - Act July 16, 1952, amended section generally to set up the
    procedure for the judicial review of the Commission's orders and
    decisions.
      1949 - Subsec. (a). Act May 24, 1949, substituted "Title 28 of
    the United States Code" for "the Act of October 22, 1913 (38 Stat.
    219)", and "such Title 28" in lieu of "that Act".
      1937 - Subsec. (a). Act May 20, 1937, Sec. 11, inserted ", or
    suspending a radio operator's license" after "or for modifications
    of an existing radio station license".
      Subsec. (b)(3). Act May 20, 1937, Sec. 12, added par. (3)
    relating to appeal from decisions in case of any radio operator
    whose license has been suspended by the Commission.
      Subsec. (c). Act May 20, 1937, Sec. 13, inserted in last sentence
    "or order" after "upon the application".

-CHANGE-
                              CHANGE OF NAME                          
      Act June 7, 1934, ch. 426, 48 Stat. 926, changed name of "Court
    of Appeals of the District of Columbia" to "United States Court of
    Appeals for the District of Columbia".

-MISC2-
                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1952 AMENDMENT                 
      Section 19(2) of act July 16, 1952, provided that: "The
    amendments made by this Act to section 402 of the Communications
    Act of 1934 [this section] (relating to judicial review of orders
    and decisions of the Commission) shall not apply with respect to
    any action or appeal which is pending before any court on the date
    of enactment of this Act [July 16, 1952]."

                     ADMINISTRATIVE ORDERS REVIEW ACT                 
      Court of appeals exclusive jurisdiction respecting final orders
    of Federal Communications Commission made reviewable by subsec. (a)
    of this section, see section 2342 of Title 28, Judiciary and
    Judicial Procedure.

-End-

-CITE-
    47 USC Sec. 403                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 403. Inquiry by Commission on its own motion

-STATUTE-
      The Commission shall have full authority and power at any time to
    institute an inquiry, on its own motion, in any case and as to any
    matter or thing concerning which complaint is authorized to be
    made, to or before the Commission by any provision of this chapter,
    or concerning which any question may arise under any of the
    provisions of this chapter, or relating to the enforcement of any
    of the provisions of this chapter. The Commission shall have the
    same powers and authority to proceed with any inquiry instituted on
    its own motion as though it had been appealed to by complaint or
    petition under any of the provisions of this chapter, including the
    power to make and enforce any order or orders in the case, or
    relating to the matter or thing concerning which the inquiry is
    had, excepting orders for the payment of money.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 403, 48 Stat. 1094.)

-End-

-CITE-
    47 USC Sec. 404                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 404. Reports of investigations

-STATUTE-
      Whenever an investigation shall be made by the Commission it
    shall be its duty to make a report in writing in respect thereto,
    which shall state the conclusions of the Commission, together with
    its decision, order, or requirement in the premises; and in case
    damages are awarded such report shall include the findings of fact
    on which the award is made.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 404, 48 Stat. 1094.)

-End-

-CITE-
    47 USC Sec. 405                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 405. Petition for reconsideration; procedure; disposition;
      time of filing; additional evidence; time for disposition of
      petition for reconsideration of order concluding hearing or
      investigation; appeal of order

-STATUTE-
      (a) After an order, decision, report, or action has been made or
    taken in any proceeding by the Commission, or by any designated
    authority within the Commission pursuant to a delegation under
    section 155(c)(1) of this title, any party thereto, or any other
    person aggrieved or whose interests are adversely affected thereby,
    may petition for reconsideration only to the authority making or
    taking the order, decision, report, or action; and it shall be
    lawful for such authority, whether it be the Commission or other
    authority designated under section 155(c)(1) of this title, in its
    discretion, to grant such a reconsideration if sufficient reason
    therefor be made to appear. A petition for reconsideration must be
    filed within thirty days from the date upon which public notice is
    given of the order, decision, report, or action complained of. No
    such application shall excuse any person from complying with or
    obeying any order, decision, report, or action of the Commission,
    or operate in any manner to stay or postpone the enforcement
    thereof, without the special order of the Commission. The filing of
    a petition for reconsideration shall not be a condition precedent
    to judicial review of any such order, decision, report, or action,
    except where the party seeking such review (1) was not a party to
    the proceedings resulting in such order, decision, report, or
    action, or (2) relies on questions of fact or law upon which the
    Commission, or designated authority within the Commission, has been
    afforded no opportunity to pass. The Commission, or designated
    authority within the Commission, shall enter an order, with a
    concise statement of the reasons therefor, denying a petition for
    reconsideration or granting such petition, in whole or in part, and
    ordering such further proceedings as may be appropriate: Provided,
    That in any case where such petition relates to an instrument of
    authorization granted without a hearing, the Commission, or
    designated authority within the Commission, shall take such action
    within ninety days of the filing of such petition. Reconsiderations
    shall be governed by such general rules as the Commission may
    establish, except that no evidence other than newly discovered
    evidence, evidence which has become available only since the
    original taking of evidence, or evidence which the Commission or
    designated authority within the Commission believes should have
    been taken in the original proceeding shall be taken on any
    reconsideration. The time within which a petition for review must
    be filed in a proceeding to which section 402(a) of this title
    applies, or within which an appeal must be taken under section
    402(b) of this title in any case, shall be computed from the date
    upon which the Commission gives public notice of the order,
    decision, report, or action complained of.
      (b)(1) Within 90 days after receiving a petition for
    reconsideration of an order concluding a hearing under section
    204(a) of this title or concluding an investigation under section
    208(b) of this title, the Commission shall issue an order granting
    or denying such petition.
      (2) Any order issued under paragraph (1) shall be a final order
    and may be appealed under section 402(a) of this title.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 405, 48 Stat. 1095; July
    16, 1952, ch. 879, Sec. 15, 66 Stat. 720; Pub. L. 86-752, Sec.
    4(c), Sept. 13, 1960, 74 Stat. 892; Pub. L. 87-192, Sec. 3, Aug.
    31, 1961, 75 Stat. 421; Pub. L. 97-259, title I, Secs. 122, 127(c),
    Sept. 13, 1982, 96 Stat. 1097, 1099; Pub. L. 100-594, Sec. 8(d),
    Nov. 3, 1988, 102 Stat. 3023.)

-COD-
                               CODIFICATION                           
      "Reconsiderations" substituted in text for "Rehearings" as the
    probable intent of Congress, in view of amendment by section
    127(c)(1) of Pub. L. 97-259, which substituted "reconsideration"
    for "rehearing" wherever appearing in this section.

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-594 designated existing provisions as subsec.
    (a), substituted "section 155(c)(1)" for "section 155(d)(1)" in two
    places, and added subsec. (b).
      1982 - Pub. L. 97-259 substituted "reconsideration" for
    "rehearing" wherever appearing and "the Commission gives public
    notice of the order, decision, report, or action complained of" for
    "public notice is given of orders disposing of all petitions for
    rehearing filed with the Commission in such proceeding or case, but
    any order, decision, report, or action made or taken after such
    rehearing reversing, changing, or modifying the original order
    shall be subject to the same provisions with respect to rehearing
    as an original order".
      1961 - Pub. L. 87-192 provided for petition for rehearing to the
    authority making or taking the order, decision, report, or action,
    substituted references to report and action for requirement,
    wherever else appearing, and inserted references to proceeding by
    any designated authority within the Commission, wherever appearing.
      1960 - Pub. L. 86-752 substituted "any party" for "and party" in
    first sentence, and inserted sentence dealing with disposition of
    petitions for rehearing.
      1952 - Act July 16, 1952, provided for taking of newly discovered
    evidence and evidence which should have been taken in original
    hearing.

                     EFFECTIVE DATE OF 1960 AMENDMENT                 
      Section 4(d)(4) of Pub. L. 86-752 provided that: "The amendment
    made by paragraph (2) of subsection (c) of this section [amending
    this section] shall only apply to petitions for rehearing filed on
    or after the date of the enactment of this Act [Sept. 13, 1960]."

-End-

-CITE-
    47 USC Sec. 406                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 406. Compelling furnishing of facilities; mandamus;
      jurisdiction

-STATUTE-
      The district courts of the United States shall have jurisdiction
    upon the relation of any person alleging any violation, by a
    carrier subject to this chapter, of any of the provisions of this
    chapter which prevent the relator from receiving service in
    interstate or foreign communication by wire or radio, or in
    interstate or foreign transmission of energy by radio, from said
    carrier at the same charges, or upon terms or conditions as
    favorable as those given by said carrier for like communication or
    transmission under similar conditions to any other person, to issue
    a writ or writs of mandamus against said carrier commanding such
    carrier to furnish facilities for such communication or
    transmission to the party applying for the writ: Provided, That if
    any question of fact as to the proper compensation to the carrier
    for the service to be enforced by the writ is raised by the
    pleadings, the writ of peremptory mandamus may issue,
    notwithstanding such question of fact is undetermined, upon such
    terms as to security, payment of money into the court, or
    otherwise, as the court may think proper pending the determination
    of the question of fact: Provided further, That the remedy given by
    writ of mandamus shall be cumulative and shall not be held to
    exclude or interfere with other remedies provided by this chapter.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 406, 48 Stat. 1095.)

-End-

-CITE-
    47 USC Sec. 407                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 407. Order for payment of money; petition for enforcement;
      procedure; order of Commission as prima facie evidence; costs;
      attorneys' fees

-STATUTE-
      If a carrier does not comply with an order for the payment of
    money within the time limit in such order, the complainant, or any
    person for whose benefit such order was made, may file in the
    district court of the United States for the district in which he
    resides or in which is located the principal operating office of
    the carrier, or through which the line of the carrier runs, or in
    any State court of general jurisdiction having jurisdiction of the
    parties, a petition setting forth briefly the causes for which he
    claims damages, and the order of the Commission in the premises.
    Such suit in the district court of the United States shall proceed
    in all respects like other civil suits for damages, except that on
    the trial of such suits the findings and order of the Commission
    shall be prima facie evidence of the facts therein stated, except
    that the petitioner shall not be liable for costs in the district
    court nor for costs at any subsequent stage of the proceedings
    unless they accrue upon his appeal. If the petitioner shall finally
    prevail, he shall be allowed a reasonable attorney's fee, to be
    taxed and collected as a part of the costs of the suit.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 407, 48 Stat. 1095.)

-End-

-CITE-
    47 USC Sec. 408                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 408. Order not for payment of money; when effective

-STATUTE-
      Except as otherwise provided in this chapter, all orders of the
    Commission, other than orders for the payment of money, shall take
    effect thirty calendar days from the date upon which public notice
    of the order is given, unless the Commission designates a different
    effective date. All such orders shall continue in force for the
    period of time specified in the order or until the Commission or a
    court of competent jurisdiction issues a superseding order.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 408, 48 Stat. 1096; Pub. L.
    97-259, title I, Sec. 123, Sept. 13, 1982, 96 Stat. 1098.)

-MISC1-
                                AMENDMENTS                            
      1982 - Pub. L. 97-259 substituted provision that all orders of
    the Commission but for payment of money shall take effect thirty
    calendar days from the date upon which public notice of the order
    is given, unless the Commission designates a different effective
    date, and that such orders shall continue in force for the period
    of time specified in the order or until the Commission or a court
    of competent jurisdiction issues a superseding order, for provision
    that such orders would take effect within such reasonable time, not
    less than thirty days after service of the order, and would
    continue in force until its further order, or for a specified
    period of time, as prescribed in the order, unless the same were
    suspended or modified or set aside by the Commission, or suspended
    or set aside by a court of competent jurisdiction.

-End-

-CITE-
    47 USC Sec. 409                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 409. Hearings

-STATUTE-
    (a) Filing of initial decisions; exceptions
      In every case of adjudication (as defined in section 551 of title
    5) which has been designated by the Commission for hearing, the
    person or persons conducting the hearing shall prepare and file an
    initial, tentative, or recommended decision, except where such
    person or persons become unavailable to the Commission or where the
    Commission finds upon the record that due and timely execution of
    its functions imperatively and unavoidably require that the record
    be certified to the Commission for initial or final decision.
    (b) Exceptions to initial decisions; memoranda; determination of
      Commission or authority within Commission; prohibition against
      consideration of own decision
      In every case of adjudication (as defined in section 551 of title
    5) which has been designated by the Commission for hearing, any
    party to the proceeding shall be permitted to file exceptions and
    memoranda in support thereof to the initial, tentative, or
    recommended decision, which shall be passed upon by the Commission
    or by the authority within the Commission, if any, to whom the
    function of passing upon the exceptions is delegated under section
    155(d)(1) (!1) of this title: Provided, however, That such
    authority shall not be the same authority which made the decision
    to which the exception is taken.

    (c) Notice and opportunity for participation by parties;
      applicability of administrative procedure provisions
      (1) In any case of adjudication (as defined in section 551 of
    title 5) which has been designated by the Commission for a hearing,
    no person who has participated in the presentation or preparation
    for presentation of such case at the hearing or upon review shall
    (except to the extent required for the disposition of ex parte
    matters as authorized by law) directly or indirectly make any
    additional presentation respecting such case to the hearing officer
    or officers or to the Commission, or to any authority within the
    Commission to whom, in such case, review functions have been
    delegated by the Commission under section 155(d)(1) (!1) of this
    title, unless upon notice and opportunity for all parties to
    participate.
      (2) The provision in section 554(d) of title 5 which states that
    such subsection shall not apply in determining applications for
    initial licenses, shall not be applicable hereafter in the case of
    applications for initial licenses before the Federal Communications
    Commission.
    (d) Applicability of administrative procedure provisions
      To the extent that the foregoing provisions of this section and
    section 155(d) (!1) of this title are in conflict with the
    provisions of subchapter II of chapter 5, and chapter 7, of title
    5, such provisions of this section and section 155(d) (!1) of this
    title shall be held to supersede and modify the provisions of
    subchapter II of chapter 5, and chapter 7, of title 5.
    (e) Subpenas; witnesses; production of documents; fees and mileage
      For the purposes of this chapter the Commission shall have the
    power to require by subpena the attendance and testimony of
    witnesses and the production of all books, papers, schedules of
    charges, contracts, agreements, and documents relating to any
    matter under investigation. Witnesses summoned before the
    Commission shall be paid the same fees and mileage that are paid
    witnesses in the courts of the United States.
    (f) Designated place of hearing; aid in enforcement of orders
      Such attendance of witnesses, and the production of such
    documentary evidence, may be required from any place in the United
    States, at any designated place of hearing. And in case of
    disobedience to a subpena the Commission, or any party to a
    proceeding before the Commission, may invoke the aid of any court
    of the United States in requiring the attendance and testimony of
    witnesses and the production of books, papers, and documents under
    the provisions of this section.
    (g) Contempts
      Any of the district courts of the United States within the
    jurisdiction of which such inquiry is carried on may, in case of
    contumacy or refusal to obey a subpena issued to any common carrier
    or licensee or other person, issue an order requiring such common
    carrier, licensee, or other person to appear before the Commission
    (and produce books and papers if so ordered) and give evidence
    touching the matter in question; and any failure to obey such order
    of the court may be punished by such court as a contempt thereof.
    (h) Depositions
      The testimony of any witness may be taken, at the instance of a
    party, in any proceeding or investigation pending before the
    Commission, by deposition, at any time after a cause or proceeding
    is at issue on petition and answer. The Commission may also order
    testimony to be taken by deposition in any proceeding or
    investigation pending before it, at any stage of such proceeding or
    investigation. Such depositions may be taken before any judge of
    any court of the United States, or any United States magistrate
    judge, or any clerk of a district court, or any chancellor,
    justice, or judge of a supreme or superior court, mayor, or chief
    magistrate of a city, judge of a county court, or court of common
    pleas of any of the United States, or any notary public, not being
    of counsel or attorney to either of the parties, nor interested in
    the event of the proceeding or investigation. Reasonable notice
    must first be given in writing by the party or his attorney
    proposing to take such deposition to the opposite party or his
    attorney of record, as either may be nearest, which notice shall
    state the name of the witness and the time and place of the taking
    of his deposition. Any person may be compelled to appear and
    depose, and to produce documentary evidence, in the same manner as
    witnesses may be compelled to appear and testify and produce
    documentary evidence before the Commission, as hereinbefore
    provided.
    (i) Oaths; testimony in writing
      Every person deposing as herein provided shall be cautioned and
    sworn (or affirm, if he so request) to testify the whole truth, and
    shall be carefully examined. His testimony shall be reduced to
    writing by the magistrate taking the deposition, or under his
    direction, and shall, after it has been reduced to writing, be
    subscribed by the deponent.
    (j) Foreign depositions
      If a witness whose testimony may be desired to be taken by
    deposition be in a foreign country, the deposition may be taken
    before an officer or person designated by the Commission, or agreed
    upon by the parties by stipulation in writing to be filed with the
    Commission. All depositions must be promptly filed with the
    Commission.
    (k) Deposition fees
      Witnesses whose depositions are taken as authorized in this
    chapter, and the magistrate or other officer taking the same, shall
    severally be entitled to the same fees as are paid for like
    services in the courts of the United States.
    (l) Repealed. Pub. L. 91-452, title II, Sec. 242, Oct. 15, 1970, 84
      Stat. 930
    (m) Penalties
      Any person who shall neglect or refuse to attend and testify, or
    to answer any lawful inquiry, or to produce books, papers,
    schedules of charges, contracts, agreements, and documents, if in
    his power to do so, in obedience to the subpena or lawful
    requirement of the Commission, shall be guilty of a misdemeanor and
    upon conviction thereof by a court of competent jurisdiction shall
    be punished by a fine of not less than $100 nor more than $5,000,
    or by imprisonment for not more than one year, or by both such fine
    and imprisonment.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 409, 48 Stat. 1096; July
    16, 1952, ch. 879, Sec. 16, 66 Stat. 721; Pub. L. 87-192, Sec. 4,
    Aug. 31, 1961, 75 Stat. 422; Pub. L. 90-578, title IV, Sec.
    402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 91-452, title II,
    Sec. 242, Oct. 15, 1970, 84 Stat. 930; Pub. L. 101-650, title III,
    Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 155(d) of this title, referred to in subsecs. (b), (c),
    and (d), was redesignated section 155(c) of this title by Pub. L.
    97-259, title I, Sec. 105(b), Sept. 13, 1982, 96 Stat. 1091.

-COD-
                               CODIFICATION                           
      In subsecs. (a), (b), and (c)(1), "adjudication (as defined in
    section 551 of title 5)" substituted for "adjudication (as defined
    in the Administrative Procedure Act)", in subsec. (c)(2) "section
    554(d) of title 5" substituted for "subsection (c) of section 5 of
    the Administrative Procedure Act", and in subsec. (d) "subchapter
    II of chapter 5, and chapter 7, of title 5" substituted for "the
    Administrative Procedure Act" and "that Act", respectively, on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1970 - Subsec. (l). Pub. L. 91-452 struck out subsec. (l) which
    related to the immunity from prosecution of any individual
    compelled to testify or produce evidence, documentary or otherwise,
    after claiming his privilege against self-incrimination.
      1961 - Subsec. (a). Pub. L. 87-192 substituted provision for
    filing of initial decisions, with stated exceptions, formerly
    contained in first sentence of subsec. (b) of this section but
    amplified to include tentative or recommended decisions, for
    provision relating to assignment of cases to examiners.
      Subsec. (b). Pub. L. 87-192 provided for filing of memoranda in
    support of exceptions to initial, tentative, or recommended
    decisions, to be passed upon by the Commission or the designated
    authority within the Commission, and eliminated provisions for oral
    argument on the exceptions, filing of initial decisions, with
    stated exceptions, incorporated in subsec. (a) of this section, and
    making all decisions part of the record and requiring the decisions
    to include a statement of findings, and conclusions upon all
    material issues of fact, law, or discretion and the appropriate
    decision, order, or requirement. See section 557 of Title 5,
    Government Organization and Employees.
      Subsec. (c). Pub. L. 87-192 continued requirement of notice and
    opportunity for participation by all parties when person seeks to
    make any additional presentation of case, having previously
    participated in the presentation of or preparation for presentation
    of the case, made applicable provisions of section 554(d) of Title
    5 to applications for initial licenses and eliminated provisions
    for separation of functions of examiners from the investigative and
    prosecutory functions of persons engaged in performance of such
    functions, prohibition against consultation with Commission or any
    member or employee thereof with respect to initial decisions or
    exceptions taken to findings, rulings or recommendations,
    prohibition against members of Office of The General Counsel,
    Office of the Chief Engineer or the Office of the Chief Accountant
    from making any presentations respecting a case, and prohibition
    against persons engaged in performance of investigative or
    prosecuting functions for the Commission from consulting in any
    case of adjudication.
      Subsec. (d). Pub. L. 87-192 inserted references to section 155(d)
    of this title.
      1952 - Act July 16, 1952, amended section generally, inserting
    subsecs. (a) to (d) and redesignating former subsecs. (b) to (j) as
    (e) to (m), respectively.

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judge" substituted for "United States
    magistrate" in subsec. (h) pursuant to section 321 of Pub. L. 101-
    650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure. Previously, "United States magistrate"
    substituted for "United States commissioner" pursuant to Pub. L. 90-
    578. See chapter 43 (Sec. 631 et seq.) of Title 28.

-MISC2-
                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-452 effective on sixtieth day following
    Oct. 15, 1970, and not to affect any immunity to which any
    individual is entitled under this section by reason of any
    testimony given before sixtieth day following Oct. 15, 1970, see
    section 260 of Pub. L. 91-452, set out as an Effective Date;
    Savings Provisions note under section 6001 of Title 18, Crimes and
    Criminal Procedure.

                             SAVINGS PROVISION                         
      Section 5 of Pub. L. 87-192 provided that: "Notwithstanding the
    foregoing provisions of this Act [amending this section and
    sections 155 and 405 of this title], the second sentence of
    subsection (b) of section 409 of the Communications Act of 1934
    [subsec. (b) of this section] (which relates to the filing of
    exceptions and the presentation of oral argument), as in force at
    the time of the enactment of this Act [Aug. 31, 1961], shall
    continue to be applicable with respect to any case of adjudication
    (as defined in the Administrative Procedure Act) [see sections 551
    et seq. and 701 et seq. of Title 5, Government Organization and
    Employees] designated by the Federal Communications Commission for
    hearing by a notice of hearing issued prior to the date of the
    enactment of this Act."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    47 USC Sec. 410                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 410. Joint boards and commissions

-STATUTE-
    (a) State joint boards; reference of communication matters;
      composition; jurisdiction, powers, duties, and obligations;
      conduct of proceedings; force and effect of joint board action;
      members: nomination, appointment, and rejection; allowances for
      expenses
      Except as provided in section 409 of this title, the Commission
    may refer any matter arising in the administration of this chapter
    to a joint board to be composed of a member, or of an equal number
    of members, as determined by the Commission, from each of the
    States in which the wire or radio communication affected by or
    involved in the proceeding takes place or is proposed. For purposes
    of acting upon such matter any such board shall have all the
    jurisdiction and powers conferred by law upon an examiner provided
    for in section 3105 of title 5, designated by the Commission, and
    shall be subject to the same duties and obligations. The action of
    a joint board shall have such force and effect and its proceedings
    shall be conducted in such manner as the Commission shall by
    regulations prescribe. The joint board member or members for each
    State shall be nominated by the State commission of the State or by
    the Governor if there is no State commission, and appointed by the
    Federal Communications Commission. The Commission shall have
    discretion to reject any nominee. Joint board members shall receive
    such allowances for expenses as the Commission shall provide.
    (b) State commissions; conferences with Commission regarding
      matters of carriers subject to their jurisdiction; joint
      hearings; cooperation with Commission
      The Commission may confer with any State commission having
    regulatory jurisdiction with respect to carriers, regarding the
    relationship between rate structures, accounts, charges, practices,
    classifications, and regulations of carriers subject to the
    jurisdiction of such State commission and of the Commission; and
    the Commission is authorized under such rules and regulations as it
    shall prescribe to hold joint hearings with any State commission in
    connection with any matter with respect to which the Commission is
    authorized to act. The Commission is authorized in the
    administration of this chapter to avail itself of such cooperation,
    services, records, and facilities as may be afforded by any State
    commission.
    (c) Federal-State Joint Board; reference of proceedings regarding
      jurisdictional separation of common carrier property and expenses
      between interstate and intrastate operations and other matters
      relating to common carrier communications of joint concern;
      jurisdiction, powers, duties, and obligations; recommendation of
      decisions; State members; presence at oral arguments and
      nonvoting participation in deliberations; composition; Chairman
      The Commission shall refer any proceeding regarding the
    jurisdictional separation of common carrier property and expenses
    between interstate and intrastate operations, which it institutes
    pursuant to a notice of proposed rulemaking and, except as provided
    in section 409 of this title, may refer any other matter, relating
    to common carrier communications of joint Federal-State concern, to
    a Federal-State Joint Board. The Joint Board shall possess the same
    jurisdiction, powers, duties, and obligations as a joint board
    established under subsection (a) of this section, and shall prepare
    a recommended decision for prompt review and action by the
    Commission. In addition, the State members of the Joint Board shall
    sit with the Commission en banc at any oral argument that may be
    scheduled in the proceeding. The Commission shall also afford the
    State members of the Joint Board an opportunity to participate in
    its deliberations, but not vote, when it has under consideration
    the recommended decision of the Joint Board or any further
    decisional action that may be required in the proceeding. The Joint
    Board shall be composed of three Commissioners of the Commission
    and of four State commissioners nominated by the national
    organization of the State commissions and approved by the
    Commission. The Chairman of the Commission, or another Commissioner
    designated by the Commission, shall serve as Chairman of the Joint
    Board.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 410, 48 Stat. 1098; July
    16, 1952, ch. 879, Sec. 17, 66 Stat. 722; Aug. 2, 1956, ch. 874,
    Sec. 4, 70 Stat. 932; Pub. L. 92-131, Sec. 2, Sept. 30, 1971, 85
    Stat. 363; Pub. L. 103-414, title III, Sec. 303(a)(21), Oct. 25,
    1994, 108 Stat. 4295.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 3105 of title 5" substituted for
    "section 11 of the Administrative Procedure Act (5 U.S.C. 1010)" on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-414 struck out ", as referred to
    in sections 202(b) and 205(f) of the Interstate Commerce Act,"
    after "State commissions".
      1971 - Subsec. (c). Pub. L. 92-131 added subsec. (c).
      1956 - Subsec. (a). Act Aug. 2, 1956, inserted in second sentence
    "and examiner provided for in section 3105 of title 5, designated
    by" after "the Commissioner".
      1952 - Subsec. (a). Act July 16, 1952, inserted first sentence so
    as to bring these provisions in conformity with section 409 of this
    title.

-End-

-CITE-
    47 USC Sec. 411                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 411. Joinder of parties

-STATUTE-
      (a) In any proceeding for the enforcement of the provisions of
    this chapter, whether such proceeding be instituted before the
    Commission or be begun originally in any district court of the
    United States, it shall be lawful to include as parties, in
    addition to the carrier, all persons interested in or affected by
    the charge, regulation, or practice under consideration, and
    inquiries, investigations, orders, and decrees may be made with
    reference to and against such additional parties in the same
    manner, to the same extent, and subject to the same provisions as
    are or shall be authorized by law with respect to carriers.
      (b) In any suit for the enforcement of an order for the payment
    of money all parties in whose favor the Commission may have made an
    award for damages by a single order may be joined as plaintiffs,
    and all of the carriers parties to such order awarding such damages
    may be joined as defendants, and such suit may be maintained by
    such joint plaintiffs and against such joint defendants in any
    district where any one of such joint plaintiffs could maintain such
    suit against any one of such joint defendants; and service of
    process against any one of such defendants as may not be found in
    the district where the suit is brought may be made in any district
    where such defendant carrier has its principal operating office. In
    case of such joint suit, the recovery, if any, may be by judgment
    in favor of any one of such plaintiffs, against the defendant found
    to be liable to such plaintiff.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 411, 48 Stat. 1098.)

-End-

-CITE-
    47 USC Sec. 412                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 412. Documents filed with Commission as public records; prima
      facie evidence; confidential records

-STATUTE-
      The copies of schedules of charges, classifications, and of all
    contracts, agreements, and arrangements between common carriers
    filed with the Commission as herein provided, and the statistics,
    tables, and figures contained in the annual or other reports of
    carriers and other persons made to the Commission as required under
    the provisions of this chapter shall be preserved as public records
    in the custody of the secretary of the Commission, and shall be
    received as prima facie evidence of what they purport to be for the
    purpose of investigations by the Commission and in all judicial
    proceedings; and copies of and extracts from any of said schedules,
    classifications, contracts, agreements, arrangements, or reports,
    made public records as aforesaid, certified by the secretary, under
    the Commission's seal, shall be received in evidence with like
    effect as the originals: Provided, That the Commission may, if the
    public interest will be served thereby, keep confidential any
    contract, agreement, or arrangement relating to foreign wire or
    radio communication when the publication of such contract,
    agreement, or arrangement would place American communication
    companies at a disadvantage in meeting the competition of foreign
    communication companies.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 412, 48 Stat. 1099.)

-End-

-CITE-
    47 USC Sec. 413                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 413. Designation of agent for service; method of service

-STATUTE-
      It shall be the duty of every carrier subject to this chapter to
    designate in writing an agent in the District of Columbia, upon
    whom service of all notices and process and all orders, decisions,
    and requirements of the Commission may be made for and on behalf of
    said carrier in any proceeding or suit pending before the
    Commission, and to file such designation in the office of the
    secretary of the Commission, which designation may from time to
    time be changed by like writing similarly filed; and thereupon
    service of all notices and process and orders, decisions, and
    requirements of the Commission may be made upon such carrier by
    leaving a copy thereof with such designated agent at his office or
    usual place of residence in the District of Columbia, with like
    effect as if made personally upon such carrier, and in default of
    such designation of such agent, service of any notice or other
    process in any proceeding before said Commission, or of any order,
    decision, or requirement of the Commission, may be made by posting
    such notice, process, order, requirement, or decision in the office
    of the secretary of the Commission.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 413, 48 Stat. 1099; Pub. L.
    103-414, title III, Sec. 304(a)(11), Oct. 25, 1994, 108 Stat.
    4297.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-414 struck out ", within sixty days after the
    taking effect of this chapter," after "every carrier subject to
    this chapter".

-End-

-CITE-
    47 USC Sec. 414                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 414. Exclusiveness of chapter

-STATUTE-
      Nothing in this chapter contained shall in any way abridge or
    alter the remedies now existing at common law or by statute, but
    the provisions of this chapter are in addition to such remedies.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 414, 48 Stat. 1099.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as
    amended, known as the Communications Act of 1934, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 609 of this title and Tables.

-End-

-CITE-
    47 USC Sec. 415                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 415. Limitations of actions

-STATUTE-
    (a) Recovery of charges by carrier
      All actions at law by carriers for recovery of their lawful
    charges, or any part thereof, shall be begun within two years from
    the time the cause of action accrues, and not after.
    (b) Recovery of damages
      All complaints against carriers for the recovery of damages not
    based on overcharges shall be filed with the Commission within two
    years from the time the cause of action accrues, and not after,
    subject to subsection (d) of this section.
    (c) Recovery of overcharges
      For recovery of overcharges action at law shall be begun or
    complaint filed with the Commission against carriers within two
    years from the time the cause of action accrues, and not after,
    subject to subsection (d) of this section, except that if claim for
    the overcharge has been presented in writing to the carrier within
    the two-year period of limitation said period shall be extended to
    include two years from the time notice in writing is given by the
    carrier to the claimant of disallowance of the claim, or any part
    or parts thereof, specified in the notice.
    (d) Extension
      If on or before expiration of the period of limitation in
    subsection (b) or (c) of this section a carrier begins action under
    subsection (a) of this section for recovery of lawful charges in
    respect of the same service, or, without beginning action, collects
    charges in respect of that service, said period of limitation shall
    be extended to include ninety days from the time such action is
    begun or such charges are collected by the carrier.
    (e) Accrual of cause of action for transmission of message
      The cause of action in respect of the transmission of a message
    shall, for the purposes of this section, be deemed to accrue upon
    delivery or tender of delivery thereof by the carrier, and not
    after.
    (f) Enforcement petition
      A petition for the enforcement of an order of the Commission for
    the payment of money shall be filed in the district court or the
    State court within one year from the date of the order, and not
    after.
    (g) "Overcharges" defined
      The term "overcharges" as used in this section shall be deemed to
    mean charges for services in excess of those applicable thereto
    under the schedules of charges lawfully on file with the
    Commission.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 415, 48 Stat. 1099; Pub. L.
    93-507, Nov. 30, 1974, 88 Stat. 1577.)

-MISC1-
                                AMENDMENTS                            
      1974 - Subsecs. (a) to (c). Pub. L. 93-507 amended subsecs. (a)
    to (c) generally, substituting reference to two years for reference
    to one year wherever appearing.

-End-

-CITE-
    47 USC Sec. 416                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER IV - PROCEDURAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
    Sec. 416. Orders of Commission

-STATUTE-
    (a) Service
      Every order of the Commission shall be forthwith served upon the
    designated agent of the carrier in the city of Washington or in
    such other manner as may be provided by law.
    (b) Suspension or modification
      Except as otherwise provided in this chapter, the Commission is
    authorized to suspend or modify its orders upon such notice and in
    such manner as it shall deem proper.
    (c) Compliance
      It shall be the duty of every person, its agents and employees,
    and any receiver or trustee thereof, to observe and comply with
    such orders so long as the same shall remain in effect.

-SOURCE-
    (June 19, 1934, ch. 652, title IV, Sec. 416, 48 Stat. 1100.)

-End-

-CITE-
    47 USC SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES         01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
               SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES           

-End-

-CITE-
    47 USC Sec. 501                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 501. General penalty

-STATUTE-
      Any person who willfully and knowingly does or causes or suffers
    to be done any act, matter, or thing, in this chapter prohibited or
    declared to be unlawful, or who willfully and knowingly omits or
    fails to do any act, matter, or thing in this chapter required to
    be done, or willfully and knowingly causes or suffers such omission
    or failure, shall, upon conviction thereof, be punished for such
    offense, for which no penalty (other than a forfeiture) is provided
    in this chapter, by a fine of not more than $10,000 or by
    imprisonment for a term not exceeding one year, or both; except
    that any person, having been once convicted of an offense
    punishable under this section, who is subsequently convicted of
    violating any provision of this chapter punishable under this
    section, shall be punished by a fine of not more than $10,000 or by
    imprisonment for a term not exceeding two years, or both.

-SOURCE-
    (June 19, 1934, ch. 652, title V, Sec. 501, 48 Stat. 1100; Mar. 23,
    1954, ch. 104, 68 Stat. 30.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as
    amended, known as the Communications Act of 1934, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 609 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1954 - Act Mar. 23, 1954, provided that any offense punishable
    hereunder, except a second or subsequent offense, should constitute
    a misdemeanor rather than a felony, as those terms are defined in
    section 1 of Title 18, Crimes and Criminal Procedure.

-End-

-CITE-
    47 USC Sec. 502                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 502. Violation of rules, regulations, etc.

-STATUTE-
      Any person who willfully and knowingly violates any rule,
    regulation, restriction, or condition made or imposed by the
    Commission under authority of this chapter, or any rule,
    regulation, restriction, or condition made or imposed by any
    international radio or wire communications treaty or convention, or
    regulations annexed thereto, to which the United States is or may
    hereafter become a party, shall, in addition to any other penalties
    provided by law, be punished, upon conviction thereof, by a fine of
    not more than $500 for each and every day during which such offense
    occurs.

-SOURCE-
    (June 19, 1934, ch. 652, title V, Sec. 502, 48 Stat. 1100.)

-End-

-CITE-
    47 USC Sec. 503                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 503. Forfeitures

-STATUTE-
    (a) Rebates and offsets
      Any person who shall deliver messages for interstate or foreign
    transmission to any carrier, or for whom as sender or receiver, any
    such carrier shall transmit any interstate or foreign wire or radio
    communication, who shall knowingly by employee, agent, officer, or
    otherwise, directly or indirectly, by or through any means or
    device whatsoever, receive or accept from such common carrier any
    sum of money or any other valuable consideration as a rebate or
    offset against the regular charges for transmission of such
    messages as fixed by the schedules of charges provided for in this
    chapter, shall in addition to any other penalty provided by this
    chapter forfeit to the United States a sum of money three times the
    amount of money so received or accepted and three times the value
    of any other consideration so received or accepted, to be
    ascertained by the trial court; and in the trial of said action all
    such rebates or other considerations so received or accepted for a
    period of six years prior to the commencement of the action, may be
    included therein, and the amount recovered shall be three times the
    total amount of money, or three times the total value of such
    consideration, so received or accepted, or both, as the case may
    be.
    (b) Activities constituting violations authorizing imposition of
      forfeiture penalty; amount of penalty; procedures applicable;
      persons subject to penalty; liability exemption period
      (1) Any person who is determined by the Commission, in accordance
    with paragraph (3) or (4) of this subsection, to have - 
        (A) willfully or repeatedly failed to comply substantially with
      the terms and conditions of any license, permit, certificate, or
      other instrument or authorization issued by the Commission;
        (B) willfully or repeatedly failed to comply with any of the
      provisions of this chapter or of any rule, regulation, or order
      issued by the Commission under this chapter or under any treaty,
      convention, or other agreement to which the United States is a
      party and which is binding upon the United States;
        (C) violated any provision of section 317(c) or 509(a) of this
      title; or
        (D) violated any provision of section 1304, 1343, or 1464 of
      title 18;

    shall be liable to the United States for a forfeiture penalty. A
    forfeiture penalty under this subsection shall be in addition to
    any other penalty provided for by this chapter; except that this
    subsection shall not apply to any conduct which is subject to
    forfeiture under subchapter II of this chapter, part II or III of
    subchapter III of this chapter, or section 507 of this title.
      (2)(A) If the violator is (i) a broadcast station licensee or
    permittee, (ii) a cable television operator, or (iii) an applicant
    for any broadcast or cable television operator license, permit,
    certificate, or other instrument or authorization issued by the
    Commission, the amount of any forfeiture penalty determined under
    this section shall not exceed $25,000 for each violation or each
    day of a continuing violation, except that the amount assessed for
    any continuing violation shall not exceed a total of $250,000 for
    any single act or failure to act described in paragraph (1) of this
    subsection.
      (B) If the violator is a common carrier subject to the provisions
    of this chapter or an applicant for any common carrier license,
    permit, certificate, or other instrument of authorization issued by
    the Commission, the amount of any forfeiture penalty determined
    under this subsection shall not exceed $100,000 for each violation
    or each day of a continuing violation, except that the amount
    assessed for any continuing violation shall not exceed a total of
    $1,000,000 for any single act or failure to act described in
    paragraph (1) of this subsection.
      (C) In any case not covered in subparagraph (A) or (B), the
    amount of any forfeiture penalty determined under this subsection
    shall not exceed $10,000 for each violation or each day of a
    continuing violation, except that the amount assessed for any
    continuing violation shall not exceed a total of $75,000 for any
    single act or failure to act described in paragraph (1) of this
    subsection.
      (D) The amount of such forfeiture penalty shall be assessed by
    the Commission, or its designee, by written notice. In determining
    the amount of such a forfeiture penalty, the Commission or its
    designee shall take into account the nature, circumstances, extent,
    and gravity of the violation and, with respect to the violator, the
    degree of culpability, any history of prior offenses, ability to
    pay, and such other matters as justice may require.
      (3)(A) At the discretion of the Commission, a forfeiture penalty
    may be determined against a person under this subsection after
    notice and an opportunity for a hearing before the Commission or an
    administrative law judge thereof in accordance with section 554 of
    title 5. Any person against whom a forfeiture penalty is determined
    under this paragraph may obtain review thereof pursuant to section
    402(a) of this title.
      (B) If any person fails to pay an assessment of a forfeiture
    penalty determined under subparagraph (A) of this paragraph, after
    it has become a final and unappealable order or after the
    appropriate court has entered final judgment in favor of the
    Commission, the Commission shall refer the matter to the Attorney
    General of the United States, who shall recover the amount assessed
    in any appropriate district court of the United States. In such
    action, the validity and appropriateness of the final order
    imposing the forfeiture penalty shall not be subject to review.
      (4) Except as provided in paragraph (3) of this subsection, no
    forfeiture penalty shall be imposed under this subsection against
    any person unless and until - 
        (A) the Commission issues a notice of apparent liability, in
      writing, with respect to such person;
        (B) such notice has been received by such person, or until the
      Commission has sent such notice to the last known address of such
      person, by registered or certified mail; and
        (C) such person is granted an opportunity to show, in writing,
      within such reasonable period of time as the Commission
      prescribes by rule or regulation, why no such forfeiture penalty
      should be imposed.

    Such a notice shall (i) identify each specific provision, term, and
    condition of any Act, rule, regulation, order, treaty, convention,
    or other agreement, license, permit, certificate, instrument, or
    authorization which such person apparently violated or with which
    such person apparently failed to comply; (ii) set forth the nature
    of the act or omission charged against such person and the facts
    upon which such charge is based; and (iii) state the date on which
    such conduct occurred. Any forfeiture penalty determined under this
    paragraph shall be recoverable pursuant to section 504(a) of this
    title.
      (5) No forfeiture liability shall be determined under this
    subsection against any person, if such person does not hold a
    license, permit, certificate, or other authorization issued by the
    Commission, and if such person is not an applicant for a license,
    permit, certificate, or other authorization issued by the
    Commission, unless, prior to the notice required by paragraph (3)
    of this subsection or the notice of apparent liability required by
    paragraph (4) of this subsection, such person (A) is sent a
    citation of the violation charged; (B) is given a reasonable
    opportunity for a personal interview with an official of the
    Commission, at the field office of the Commission which is nearest
    to such person's place of residence; and (C) subsequently engages
    in conduct of the type described in such citation. The provisions
    of this paragraph shall not apply, however, if the person involved
    is engaging in activities for which a license, permit, certificate,
    or other authorization is required, or is a cable television system
    operator, if the person involved is transmitting on frequencies
    assigned for use in a service in which individual station operation
    is authorized by rule pursuant to section 307(e) of this title, or
    in the case of violations of section 303(q) of this title, if the
    person involved is a nonlicensee tower owner who has previously
    received notice of the obligations imposed by section 303(q) of
    this title from the Commission or the permittee or licensee who
    uses that tower. Whenever the requirements of this paragraph are
    satisfied with respect to a particular person, such person shall
    not be entitled to receive any additional citation of the violation
    charged, with respect to any conduct of the type described in the
    citation sent under this paragraph.
      (6) No forfeiture penalty shall be determined or imposed against
    any person under this subsection if - 
        (A) such person holds a broadcast station license issued under
      subchapter III of this chapter and if the violation charged
      occurred - 
          (i) more than 1 year prior to the date of issuance of the
        required notice or notice of apparent liability; or
          (ii) prior to the date of commencement of the current term of
        such license,

      whichever is earlier; or
        (B) such person does not hold a broadcast station license
      issued under subchapter III of this chapter and if the violation
      charged occurred more than 1 year prior to the date of issuance
      of the required notice or notice of apparent liability.

    For purposes of this paragraph, "date of commencement of the
    current term of such license" means the date of commencement of the
    last term of license for which the licensee has been granted a
    license by the Commission. A separate license term shall not be
    deemed to have commenced as a result of continuing a license in
    effect under section 307(c) of this title pending decision on an
    application for renewal of the license.

-SOURCE-
    (June 19, 1934, ch. 652, title V, Sec. 503, 48 Stat. 1101; Pub. L.
    86-752, Sec. 7(a), Sept. 13, 1960, 74 Stat. 894; Pub. L. 95-234,
    Sec. 2, Feb. 21, 1978, 92 Stat. 33; Pub. L. 96-507, Sec. 2(b), Dec.
    8, 1980, 94 Stat. 2747; Pub. L. 97-259, title I, Sec. 124, Sept.
    13, 1982, 96 Stat. 1098; Pub. L. 98-214, Sec. 4(b), Dec. 8, 1983,
    97 Stat. 1468; Pub. L. 101-239, title III, Sec. 3002(i), Dec. 19,
    1989, 103 Stat. 2131; Pub. L. 101-396, Sec. 10, Sept. 28, 1990, 104
    Stat. 851; Pub. L. 102-538, title II, Secs. 206, 210(b), Oct. 27,
    1992, 106 Stat. 3543, 3544.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Parts II and III of subchapter III of this chapter, referred to
    in subsec. (b)(1), are classified to sections 351 et seq. and 381
    et seq., respectively, of this title.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(5). Pub. L. 102-538, Sec. 210(b), substituted
    "system operator," for "system operator or" and inserted ", or in
    the case of violations of section 303(q) of this title, if the
    person involved is a nonlicensee tower owner who has previously
    received notice of the obligations imposed by section 303(q) of
    this title from the Commission or the permittee or licensee who
    uses that tower" after "section 307(e) of this title".
      Subsec. (b)(6). Pub. L. 102-538, Sec. 206(2), inserted at end
    "For purposes of this paragraph, 'date of commencement of the
    current term of such license' means the date of commencement of the
    last term of license for which the licensee has been granted a
    license by the Commission. A separate license term shall not be
    deemed to have commenced as a result of continuing a license in
    effect under section 307(c) of this title pending decision on an
    application for renewal of the license."
      Subsec. (b)(6)(A). Pub. L. 102-538, Sec. 206(1), struck out "so
    long as such violation occurred within 3 years prior to the date of
    issuance of such required notice" after "whichever is earlier".
      1990 - Subsec. (b)(5). Pub. L. 101-396 inserted "and if such
    person is not an applicant for a license, permit, certificate, or
    other authorization issued by the Commission," before "unless,
    prior".
      1989 - Subsec. (b)(1), (2). Pub. L. 101-239 inserted "(1)" before
    "Any person who" in first par., added par. (2), and struck out
    former par. (2) thereby resulting in increasing penalty if violator
    is a common carrier from $20,000 to $100,000 per day to a maximum
    of $1,000,000 per act and penalty if violator is a broadcast
    station licensee or cable television operator from $20,000 to
    $25,000 per day to a maximum of $250,000 per act, making such
    penalty also applicable to television operator applicants, and
    increasing penalty in all other cases from $5,000 to $10,000 per
    day to a maximum of $75,000.
      1983 - Subsec. (b)(5). Pub. L. 98-214 inserted "or if the person
    involved is transmitting on frequencies assigned for use in a
    service in which individual station operation is authorized by rule
    pursuant to section 307(e) of this title".
      1982 - Subsec. (b)(5). Pub. L. 97-259 inserted ", or is a cable
    television system operator" after "other authorization is
    required".
      1980 - Subsec. (b). Pub. L. 96-507 conformed references in first
    paragraph to sections 509(a) and 507 of this title to reflect
    renumbering of those sections which required no change in text.
      1978 - Subsec. (b). Pub. L. 95-234 substituted provisions
    relating to activities making persons liable for forfeiture
    penalties, amounts of forfeiture penalties, procedures applicable
    for imposition of forfeiture penalties, and exemptions from
    liability from imposition of forfeiture penalties, for provisions
    relating to activities of licensees or permittees constituting
    violations and authorizing forfeiture to the United States of a sum
    not to exceed $1,000 for each separate offense, procedures
    applicable for imposition of forfeiture liability, and limitations
    on imposition of forfeiture liability.
      1960 - Pub. L. 86-752 amended section catchline substituting
    "Forfeitures" for "Rebates and offsets, forfeitures,", designated
    existing provisions as subsec. (a), and added subsec. (b).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-234 effective on thirtieth day after Feb.
    21, 1978, except that the provisions of subsec. (b) of this
    section, as in effect on Feb. 21, 1978, shall continue to
    constitute the applicable law with respect to any act or omission
    which occurs prior to such thirtieth day, see section 7 of Pub. L.
    95-234, set out as a note under section 152 of this title.

-End-

-CITE-
    47 USC Sec. 504                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 504. Forfeitures

-STATUTE-
    (a) Recovery
      The forfeitures provided for in this chapter shall be payable
    into the Treasury of the United States, and shall be recoverable,
    except as otherwise provided with respect to a forfeiture penalty
    determined under section 503(b)(3) of this title, in a civil suit
    in the name of the United States brought in the district where the
    person or carrier has its principal operating office or in any
    district through which the line or system of the carrier runs:
    Provided, That any suit for the recovery of a forfeiture imposed
    pursuant to the provisions of this chapter shall be a trial de
    novo: Provided further, That in the case of forfeiture by a ship,
    said forfeiture may also be recoverable by way of libel in any
    district in which such ship shall arrive or depart. Such
    forfeitures shall be in addition to any other general or specific
    penalties provided in this chapter. It shall be the duty of the
    various United States attorneys, under the direction of the
    Attorney General of the United States, to prosecute for the
    recovery of forfeitures under this chapter. The costs and expenses
    of such prosecutions shall be paid from the appropriation for the
    expenses of the courts of the United States.
    (b) Remission and mitigation
      The forfeitures imposed by subchapter II of this chapter, parts
    II and III of subchapter III of this chapter, and sections 503(b)
    and 507 of this title shall be subject to remission or mitigation
    by the Commission under such regulations and methods of
    ascertaining the facts as may seem to it advisable, and, if suit
    has been instituted, the Attorney General, upon request of the
    Commission, shall direct the discontinuance of any prosecution to
    recover such forfeitures: Provided, however, That no forfeiture
    shall be remitted or mitigated after determination by a court of
    competent jurisdiction.
    (c) Use of notice of apparent liability
      In any case where the Commission issues a notice of apparent
    liability looking toward the imposition of a forfeiture under this
    chapter, that fact shall not be used, in any other proceeding
    before the Commission, to the prejudice of the person to whom such
    notice was issued, unless (i) the forfeiture has been paid, or (ii)
    a court of competent jurisdiction has ordered payment of such
    forfeiture, and such order has become final.

-SOURCE-
    (June 19, 1934, ch. 652, title V, Sec. 504, 48 Stat. 1101; May 20,
    1937, ch. 229, Sec. 14, 50 Stat. 197; June 25, 1948, ch. 646, Sec.
    1, 62 Stat. 909; Aug. 13, 1954, ch. 735, Sec. 4, 68 Stat. 729; Aug.
    6, 1956, ch. 973, Sec. 2, 70 Stat. 1048; Pub. L. 86-752, Sec. 7(b)-
    (d), Sept. 13, 1960, 74 Stat. 895; Pub. L. 87-448, Sec. 2, May 11,
    1962, 76 Stat. 69; Pub. L. 95-234, Sec. 3, Feb. 21, 1978, 92 Stat.
    35; Pub. L. 96-507, Sec. 2(c), Dec. 8, 1980, 94 Stat. 2747.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Parts II and III of subchapter III of this chapter, referred to
    in subsec. (b), are classified to sections 351 et seq. and 381 et
    seq., respectively, of this title.

-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-507 conformed reference to section
    507 of this title to reflect renumbering of that section which
    required no change in text.
      1978 - Subsec. (a). Pub. L. 95-234, Sec. 3(a), inserted in first
    sentence ", except as otherwise provided with respect to a
    forfeiture penalty determined under section 503(b)(3) of this
    title," after "recoverable". Such wording was inserted only after
    the first reference to "recoverable" as the probable intent of
    Congress.
      Subsec. (b). Pub. L. 95-234, Sec. 3(b), inserted reference to
    subchapter II of this chapter and struck out reference to section
    510 of this title and ", upon application therefor," after "by the
    Commission".
      1962 - Subsec. (b). Pub. L. 87-448 empowered the Commission to
    remit or mitigate the forfeitures imposed by section 510 of this
    title.
      1960 - Subsec. (a). Pub. L. 86-752, Sec. 7(b), inserted proviso
    that any suit for recovery of a forfeiture shall be a trial de
    novo.
      Subsec. (b). Pub. L. 86-752, Sec. 7(c), substituted "sections
    503(b) and 507" for "section 507".
      Subsec. (c). Pub. L. 86-752, Sec. 7(d), added subsec. (c).
      1956 - Subsec. (b). Act Aug. 6, 1956, inserted reference to part
    III of subchapter III.
      1954 - Subsec. (b). Act Aug. 13, 1954, inserted reference to
    section 507 of this title.
      1937 - Act May 20, 1937, designated existing provisions as
    subsec. (a), inserted proviso as to recovery of forfeiture in any
    district where a ship may arrive or depart, and added subsec. (b).

-CHANGE-
                              CHANGE OF NAME                          
      Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States
    attorneys" for "district attorneys". See section 541 of Title 28,
    Judiciary and Judicial Procedure, and Historical and Revision Notes
    thereunder.

-MISC2-
                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-234 effective on thirtieth day after Feb.
    21, 1978, see section 7 of Pub. L. 95-234, set out as a note under
    section 152 of this title.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Section 3 of Pub. L. 87-448 provided that: "The amendments made
    by this Act [enacting section 510 of this title and amending this
    section] shall take effect on the thirtieth day after the date of
    its enactment [May 11, 1962]."

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Amendment by act Aug. 6, 1956, effective Mar. 1, 1957, see
    section 4 of act Aug. 6, 1956, set out as an Effective Date note
    under section 381 of this title.

                     EFFECTIVE DATE OF 1954 AMENDMENT                 
      Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see
    section 6 of act Aug. 13, 1954, set out as an Effective Date note
    under section 507 of this title.

-End-

-CITE-
    47 USC Sec. 505                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 505. Venue of trials

-STATUTE-
      The trial of any offense under this chapter shall be in the
    district in which it is committed; or if the offense is committed
    upon the high seas, or out of the jurisdiction of any particular
    State or district, the trial shall be in the district where the
    offender may be found or into which he shall be first brought.
    Whenever the offense is begun in one jurisdiction and completed in
    another it may be dealt with, inquired of, tried, determined, and
    punished in either jurisdiction in the same manner as if the
    offense had been actually and wholly committed therein.

-SOURCE-
    (June 19, 1934, ch. 652, title V, Sec. 505, 48 Stat. 1101.)

-End-

-CITE-
    47 USC Sec. 506                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 506. Repealed. Pub. L. 96-507, Sec. 1, Dec. 8, 1980, 94 Stat.
      2747

-MISC1-
      Section, act June 19, 1934, ch. 652, title V, Sec. 506, as added
    Apr. 16, 1946, ch. 138, 60 Stat. 89, prohibited certain coercive
    practices affecting broadcasting and provided penalties for
    violations.

-End-

-CITE-
    47 USC Sec. 507                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 507. Violation of Great Lakes Agreement

-STATUTE-
      (a) Any vessel of the United States that is navigated in
    violation of the provisions of the Great Lakes Agreement or the
    rules and regulations of the Commission made in pursuance thereof
    and any vessel of a foreign country that is so navigated on waters
    under the jurisdiction of the United States shall forfeit to the
    United States the sum of $500 recoverable by way of suit or libel.
    Each day during which such navigation occurs shall constitute a
    separate offense.
      (b) Every willful failure on the part of the master of a vessel
    of the United States to enforce or to comply with the provisions of
    the Great Lakes Agreement or the rules and regulations of the
    Commission made in pursuance thereof shall cause him to forfeit to
    the United States the sum of $100.

-SOURCE-
    (June 19, 1934, ch. 652, title V, Sec. 506, formerly Sec. 507, as
    added Aug. 13, 1954, ch. 735, Sec. 3, 68 Stat. 729; renumbered Sec.
    506, Pub. L. 96-507, Sec. 1, Dec. 8, 1980, 94 Stat. 2747.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 506 of act June 19, 1934, ch. 652, was classified
    to section 506 of this title prior to repeal by Pub. L. 96-507.

                              EFFECTIVE DATE                          
      Section 6 of act Aug. 13, 1954, provided that: "This Act
    [enacting this section and amending sections 153, 154, and 504 of
    this title] shall take effect on November 13, 1954."

-End-

-CITE-
    47 USC Sec. 508                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 508. Disclosure of payments to individuals connected with
      broadcasts

-STATUTE-
    (a) Payments to station employees
      Subject to subsection (d) of this section, any employee of a
    radio station who accepts or agrees to accept from any person
    (other than such station), or any person (other than such station)
    who pays or agrees to pay such employee, any money, service or
    other valuable consideration for the broadcast of any matter over
    such station shall, in advance of such broadcast, disclose the fact
    of such acceptance or agreement to such station.
    (b) Production or preparation of programs
      Subject to subsection (d) of this section, any person who, in
    connection with the production or preparation of any program or
    program matter which is intended for broadcasting over any radio
    station, accepts or agrees to accept, or pays or agrees to pay, any
    money, service or other valuable consideration for the inclusion of
    any matter as a part of such program or program matter, shall, in
    advance of such broadcast, disclose the fact of such acceptance or
    payment or agreement to the payee's employer, or to the person for
    whom such program or program matter is being produced, or to the
    licensee of such station over which such program is broadcast.
    (c) Supplying of program or program matter
      Subject to subsection (d) of this section, any person who
    supplies to any other person any program or program matter which is
    intended for broadcasting over any radio station shall, in advance
    of such broadcast, disclose to such other person any information of
    which he has knowledge, or which has been disclosed to him, as to
    any money, service or other valuable consideration which any person
    has paid or accepted, or has agreed to pay or accept, for the
    inclusion of any matter as a part of such program or program
    matter.
    (d) Waiver of announcements under section 317(d)
      The provisions of this section requiring the disclosure of
    information shall not apply in any case where, because of a waiver
    made by the Commission under section 317(d) of this title, an
    announcement is not required to be made under section 317 of this
    title.
    (e) Announcement under section 317 as sufficient disclosure
      The inclusion in the program of the announcement required by
    section 317 of this title shall constitute the disclosure required
    by this section.
    (f) "Service or other valuable consideration" defined
      The term "service or other valuable consideration" as used in
    this section shall not include any service or property furnished
    without charge or at a nominal charge for use on, or in connection
    with, a broadcast, or for use on a program which is intended for
    broadcasting over any radio station, unless it is so furnished in
    consideration for an identification in such broadcast or in such
    program of any person, product, service, trademark, or brand name
    beyond an identification which is reasonably related to the use of
    such service or property in such broadcast or such program.
    (g) Penalties
      Any person who violates any provision of this section shall, for
    each such violation, be fined not more than $10,000 or imprisoned
    not more than one year, or both.

-SOURCE-
    (June 19, 1934, ch. 652, title V, Sec. 507, formerly Sec. 508, as
    added Pub. L. 86-752, Sec. 8(b), Sept. 13, 1960, 74 Stat. 896;
    renumbered Sec. 507, Pub. L. 96-507, Sec. 1, Dec. 8, 1980, 94 Stat.
    2747.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 507 of act June 19, 1934, ch. 652, was renumbered
    section 506 by section 1 of Pub. L. 96-507, and is classified to
    section 507 of this title.

-End-

-CITE-
    47 USC Sec. 509                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 509. Prohibited practices in contests of knowledge, skill, or
      chance

-STATUTE-
    (a) Influencing, prearranging, or predetermining outcome
      It shall be unlawful for any person, with intent to deceive the
    listening or viewing public - 
        (1) To supply to any contestant in a purportedly bona fide
      contest of intellectual knowledge or intellectual skill any
      special and secret assistance whereby the outcome of such contest
      will be in whole or in part prearranged or predetermined.
        (2) By means of persuasion, bribery, intimidation, or
      otherwise, to induce or cause any contestant in a purportedly
      bona fide contest of intellectual knowledge or intellectual skill
      to refrain in any manner from using or displaying his knowledge
      or skill in such contest, whereby the outcome thereof will be in
      whole or in part prearranged or predetermined.
        (3) To engage in any artifice or scheme for the purpose of
      prearranging or predetermining in whole or in part the outcome of
      a purportedly bona fide contest of intellectual knowledge,
      intellectual skill, or chance.
        (4) To produce or participate in the production for
      broadcasting of, to broadcast or participate in the broadcasting
      of, to offer to a licensee for broadcasting, or to sponsor, any
      radio program, knowing or having reasonable ground for believing
      that, in connection with a purportedly bona fide contest of
      intellectual knowledge, intellectual skill, or chance
      constituting any part of such program, any person has done or is
      going to do any act or thing referred to in paragraph (1), (2),
      or (3) of this subsection.
        (5) To conspire with any other person or persons to do any act
      or thing prohibited by paragraph (1), (2), (3), or (4) of this
      subsection, if one or more of such persons do any act to effect
      the object of such conspiracy.
    (b) "Contest" and "the listening or viewing public" defined
      For the purposes of this section - 
        (1) The term "contest" means any contest broadcast by a radio
      station in connection with which any money or any other thing of
      value is offered as a prize or prizes to be paid or presented by
      the program sponsor or by any other person or persons, as
      announced in the course of the broadcast.
        (2) The term "the listening or viewing public" means those
      members of the public who, with the aid of radio receiving sets,
      listen to or view programs broadcast by radio stations.
    (c) Penalties
      Whoever violates subsection (a) of this section shall be fined
    not more than $10,000 or imprisoned not more than one year, or
    both.

-SOURCE-
    (June 19, 1934, ch. 652, title V, Sec. 508, formerly Sec. 509, as
    added Pub. L. 86-752, Sec. 9, Sept. 13, 1960, 74 Stat. 897;
    renumbered Sec. 508, Pub. L. 96-507, Sec. 1, Dec. 8, 1980, 94 Stat.
    2747.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 508 of act June 19, 1934, ch. 652, was renumbered
    section 507 by section 1 of Pub. L. 96-507, and is classified to
    section 508 of this title.

-End-

-CITE-
    47 USC Sec. 510                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V - PENAL PROVISIONS; FORFEITURES

-HEAD-
    Sec. 510. Forfeiture of communications devices

-STATUTE-
    (a) Violation with willful and knowing intent
      Any electronic, electromagnetic, radio frequency, or similar
    device, or component thereof, used, sent, carried, manufactured,
    assembled, possessed, offered for sale, sold, or advertised with
    willful and knowing intent to violate section 301 or 302a of this
    title, or rules prescribed by the Commission under such sections,
    may be seized and forfeited to the United States.
    (b) Seizure
      Any property subject to forfeiture to the United States under
    this section may be seized by the Attorney General of the United
    States upon process issued pursuant to the supplemental rules for
    certain admiralty and maritime claims by any district court of the
    United States having jurisdiction over the property, except that
    seizure without such process may be made if the seizure is incident
    to a lawful arrest or search.
    (c) Laws applicable to seizure and forfeiture
      All provisions of law relating to - 
        (1) the seizure, summary and judicial forfeiture, and
      condemnation of property for violation of the customs laws;
        (2) the disposition of such property or the proceeds from the
      sale thereof;
        (3) the remission or mitigation of such forfeitures; and
        (4) the compromise of claims with respect to such forfeitures;

    shall apply to seizures and forfeitures incurred, or alleged to
    have been incurred, under the provisions of this section, insofar
    as applicable and not inconsistent with the provisions of this
    section, except that such seizures and forfeitures shall be limited
    to the communications device, devices, or components thereof.
    (d) Disposition of forfeited property
      Whenever property is forfeited under this section, the Attorney
    General of the United States may forward it to the Commission or
    sell any forfeited property which is not harmful to the public. The
    proceeds from any such sale shall be deposited in the general fund
    of the Treasury of the United States.

-SOURCE-
    (June 19, 1934, ch. 652, title V, Sec. 510, as added Pub. L. 97-
    259, title I, Sec. 125, Sept. 13, 1982, 96 Stat. 1098.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 510, act June 19, 1934, ch. 652, title V, Sec.
    510, as added May 11, 1962, Pub. L. 87-448, Sec. 1, 76 Stat. 68,
    related to forfeitures for violations of rules and regulations by
    radio stations operating in common carrier, safety and special
    radio fields, prior to repeal effective the thirtieth day after
    Feb. 21, 1978, by Pub. L. 95-234, Secs. 4, 7, Feb. 21, 1978, 92
    Stat. 35.

-End-

-CITE-
    47 USC SUBCHAPTER V-A - CABLE COMMUNICATIONS                01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS

-HEAD-
                   SUBCHAPTER V-A - CABLE COMMUNICATIONS               

-End-

-CITE-
    47 USC Part I - General Provisions                          01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part I - General Provisions

-HEAD-
                        PART I - GENERAL PROVISIONS                    

-End-

-CITE-
    47 USC Sec. 521                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part I - General Provisions

-HEAD-
    Sec. 521. Purposes

-STATUTE-
      The purposes of this subchapter are to - 
        (1) establish a national policy concerning cable
      communications;
        (2) establish franchise procedures and standards which
      encourage the growth and development of cable systems and which
      assure that cable systems are responsive to the needs and
      interests of the local community;
        (3) establish guidelines for the exercise of Federal, State,
      and local authority with respect to the regulation of cable
      systems;
        (4) assure that cable communications provide and are encouraged
      to provide the widest possible diversity of information sources
      and services to the public;
        (5) establish an orderly process for franchise renewal which
      protects cable operators against unfair denials of renewal where
      the operator's past performance and proposal for future
      performance meet the standards established by this subchapter;
      and
        (6) promote competition in cable communications and minimize
      unnecessary regulation that would impose an undue economic burden
      on cable systems.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 601, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2780.)

-MISC1-
                              EFFECTIVE DATE                          
      Section 9(a) of Pub. L. 98-549 provided that: "Except where
    otherwise expressly provided, the provisions of this Act [enacting
    this subchapter and section 611 of this title, amending sections
    152, 224, 309, and 605 of this title, section 2511 of Title 18,
    Crimes and Criminal Procedure, and section 1805 of Title 50, War
    and National Defense, and enacting provisions set out as notes
    under this section and sections 543, 605, and 609 of this title]
    and the amendments made thereby shall take effect 60 days after the
    date of enactment of this Act [Oct. 30, 1984]."

                                SHORT TITLE                            
      For short title of Pub. L. 98-549 [enacting this subchapter] as
    the "Cable Communications Policy Act of 1984", see section 1(a) of
    Pub. L. 98-549, set out as a Short Title of 1984 Amendment note
    under section 609 of this title.

           CONGRESSIONAL FINDINGS AND POLICY FOR PUB. L. 102-385       
      Pub. L. 102-385, Sec. 2(a), (b), Oct. 5, 1992, 106 Stat. 1460,
    1463, provided that:
      "(a) Findings. - The Congress finds and declares the following:
        "(1) Pursuant to the Cable Communications Policy Act of 1984
      [Pub. L. 98-549, enacting this subchapter and section 611 of this
      title, amending sections 152, 224, 309, and 605 of this title,
      section 2511 of Title 18, Crimes and Criminal Procedure, and
      section 1805 of Title 50, War and National Defense, and enacting
      provisions set out as notes under this section and sections 543,
      605, and 609 of this title], rates for cable television services
      have been deregulated in approximately 97 percent of all
      franchises since December 29, 1986. Since rate deregulation,
      monthly rates for the lowest priced basic cable service have
      increased by 40 percent or more for 28 percent of cable
      television subscribers. Although the average number of basic
      channels has increased from about 24 to 30, average monthly rates
      have increased by 29 percent during the same period. The average
      monthly cable rate has increased almost 3 times as much as the
      Consumer Price Index since rate deregulation.
        "(2) For a variety of reasons, including local franchising
      requirements and the extraordinary expense of constructing more
      than one cable television system to serve a particular geographic
      area, most cable television subscribers have no opportunity to
      select between competing cable systems. Without the presence of
      another multichannel video programming distributor, a cable
      system faces no local competition. The result is undue market
      power for the cable operator as compared to that of consumers and
      video programmers.
        "(3) There has been a substantial increase in the penetration
      of cable television systems over the past decade. Nearly
      56,000,000 households, over 60 percent of the households with
      televisions, subscribe to cable television, and this percentage
      is almost certain to increase. As a result of this growth, the
      cable television industry has become a dominant nationwide video
      medium.
        "(4) The cable industry has become highly concentrated. The
      potential effects of such concentration are barriers to entry for
      new programmers and a reduction in the number of media voices
      available to consumers.
        "(5) The cable industry has become vertically integrated; cable
      operators and cable programmers often have common ownership. As a
      result, cable operators have the incentive and ability to favor
      their affiliated programmers. This could make it more difficult
      for noncable-affiliated programmers to secure carriage on cable
      systems. Vertically integrated program suppliers also have the
      incentive and ability to favor their affiliated cable operators
      over nonaffiliated cable operators and programming distributors
      using other technologies.
        "(6) There is a substantial governmental and First Amendment
      interest in promoting a diversity of views provided through
      multiple technology media.
        "(7) There is a substantial governmental and First Amendment
      interest in ensuring that cable subscribers have access to local
      noncommercial educational stations which Congress has authorized,
      as expressed in section 396(a)(5) of the Communications Act of
      1934 [47 U.S.C. 396(a)(5)]. The distribution of unique
      noncommercial, educational programming services advances that
      interest.
        "(8) The Federal Government has a substantial interest in
      making all nonduplicative local public television services
      available on cable systems because - 
          "(A) public television provides educational and informational
        programming to the Nation's citizens, thereby advancing the
        Government's compelling interest in educating its citizens;
          "(B) public television is a local community institution,
        supported through local tax dollars and voluntary citizen
        contributions in excess of $10,800,000,000 since 1972, that
        provides public service programming that is responsive to the
        needs and interests of the local community;
          "(C) the Federal Government, in recognition of public
        television's integral role in serving the educational and
        informational needs of local communities, has invested more
        than $3,000,000,000 in public broadcasting since 1969; and
          "(D) absent carriage requirements there is a substantial
        likelihood that citizens, who have supported local public
        television services, will be deprived of those services.
        "(9) The Federal Government has a substantial interest in
      having cable systems carry the signals of local commercial
      television stations because the carriage of such signals is
      necessary to serve the goals contained in section 307(b) of the
      Communications Act of 1934 [47 U.S.C. 307(b)] of providing a
      fair, efficient, and equitable distribution of broadcast
      services.
        "(10) A primary objective and benefit of our Nation's system of
      regulation of television broadcasting is the local origination of
      programming. There is a substantial governmental interest in
      ensuring its continuation.
        "(11) Broadcast television stations continue to be an important
      source of local news and public affairs programming and other
      local broadcast services critical to an informed electorate.
        "(12) Broadcast television programming is supported by revenues
      generated from advertising broadcast over stations. Such
      programming is otherwise free to those who own television sets
      and do not require cable transmission to receive broadcast
      signals. There is a substantial governmental interest in
      promoting the continued availability of such free television
      programming, especially for viewers who are unable to afford
      other means of receiving programming.
        "(13) As a result of the growth of cable television, there has
      been a marked shift in market share from broadcast television to
      cable television services.
        "(14) Cable television systems and broadcast television
      stations increasingly compete for television advertising
      revenues. As the proportion of households subscribing to cable
      television increases, proportionately more advertising revenues
      will be reallocated from broadcast to cable television systems.
        "(15) A cable television system which carries the signal of a
      local television broadcaster is assisting the broadcaster to
      increase its viewership, and thereby attract additional
      advertising revenues that otherwise might be earned by the cable
      system operator. As a result, there is an economic incentive for
      cable systems to terminate the retransmission of the broadcast
      signal, refuse to carry new signals, or reposition a broadcast
      signal to a disadvantageous channel position. There is a
      substantial likelihood that absent the reimposition of such a
      requirement, additional local broadcast signals will be deleted,
      repositioned, or not carried.
        "(16) As a result of the economic incentive that cable systems
      have to delete, reposition, or not carry local broadcast signals,
      coupled with the absence of a requirement that such systems carry
      local broadcast signals, the economic viability of free local
      broadcast television and its ability to originate quality local
      programming will be seriously jeopardized.
        "(17) Consumers who subscribe to cable television often do so
      to obtain local broadcast signals which they otherwise would not
      be able to receive, or to obtain improved signals. Most
      subscribers to cable television systems do not or cannot maintain
      antennas to receive broadcast television services, do not have
      input selector switches to convert from a cable to antenna
      reception system, or cannot otherwise receive broadcast
      television services. The regulatory system created by the Cable
      Communications Policy Act of 1984 was premised upon the continued
      existence of mandatory carriage obligations for cable systems,
      ensuring that local stations would be protected from
      anticompetitive conduct by cable systems.
        "(18) Cable television systems often are the single most
      efficient distribution system for television programming. A
      Government mandate for a substantial societal investment in
      alternative distribution systems for cable subscribers, such as
      the 'A/B' input selector antenna system, is not an enduring or
      feasible method of distribution and is not in the public
      interest.
        "(19) At the same time, broadcast programming that is carried
      remains the most popular programming on cable systems, and a
      substantial portion of the benefits for which consumers pay cable
      systems is derived from carriage of the signals of network
      affiliates, independent television stations, and public
      television stations. Also cable programming placed on channels
      adjacent to popular off-the-air signals obtains a larger audience
      than on other channel positions. Cable systems, therefore, obtain
      great benefits from local broadcast signals which, until now,
      they have been able to obtain without the consent of the
      broadcaster or any copyright liability. This has resulted in an
      effective subsidy of the development of cable systems by local
      broadcasters. While at one time, when cable systems did not
      attempt to compete with local broadcasters for programming,
      audience, and advertising, this subsidy may have been
      appropriate, it is so no longer and results in a competitive
      imbalance between the 2 industries.
        "(20) The Cable Communications Policy Act of 1984, in its
      amendments to the Communications Act of 1934 [47 U.S.C. 151 et
      seq.], limited the regulatory authority of franchising
      authorities over cable operators. Franchising authorities are
      finding it difficult under the current regulatory scheme to deny
      renewals to cable systems that are not adequately serving cable
      subscribers.
        "(21) Cable systems should be encouraged to carry low-power
      television stations licensed to the communities served by those
      systems where the low-power station creates and broadcasts, as a
      substantial part of its programming day, local programming.
      "(b) Statement of Policy. - It is the policy of the Congress in
    this Act [enacting sections 334, 335, 534 to 537, 544a, 548, and
    555a of this title, amending sections 325, 332, 522, 532, 533, 541
    to 544, 546, 551 to 555, and 558 of this title, and enacting
    provisions set out as notes under this section and sections 325,
    531, 543, and 554 of this title] to - 
        "(1) promote the availability to the public of a diversity of
      views and information through cable television and other video
      distribution media;
        "(2) rely on the marketplace, to the maximum extent feasible,
      to achieve that availability;
        "(3) ensure that cable operators continue to expand, where
      economically justified, their capacity and the programs offered
      over their cable systems;
        "(4) where cable television systems are not subject to
      effective competition, ensure that consumer interests are
      protected in receipt of cable service; and
        "(5) ensure that cable television operators do not have undue
      market power vis-a-vis video programmers and consumers."

               SPORTS PROGRAMMING MIGRATION STUDY AND REPORT           
      Pub. L. 102-385, Sec. 26, Oct. 5, 1992, 106 Stat. 1502, directed
    Federal Communications Commission to investigate and analyze, on a
    sport-by-sport basis, trends in migration of local, regional, and
    national sports programming from carriage by broadcast stations to
    carriage over cable programming networks and pay-per-view systems,
    including economic causes and consequences of such trends, and
    further directed Commission to submit to Congress interim and final
    reports of such study, no later than July 1, 1993, and July 1,
    1994, respectively, along with recommendations for legislative or
    regulatory activity.

            APPLICABILITY OF ANTITRUST LAWS TO PUB. L. 102-385        
      Pub. L. 102-385, Sec. 27, Oct. 5, 1992, 106 Stat. 1503, provided
    that: "Nothing in this Act [enacting sections 334, 335, 534 to 537,
    544a, 548, and 555a of this title, amending sections 325, 332, 522,
    532, 533, 541 to 544, 546, 551 to 555, and 558 of this title, and
    enacting provisions set out as notes under this section and
    sections 325, 531, 543, and 554 of this title] or the amendments
    made by this Act shall be construed to alter or restrict in any
    manner the applicability of any Federal or State antitrust law."

     EFFECT OF CABLE COMMUNICATIONS POLICY ACT OF 1984 ON JURISDICTION
       OF FEDERAL COMMUNICATIONS COMMISSION RESPECTING WIRE OR RADIO
                   COMMUNICATIONS THROUGH CABLE SYSTEMS
      Section 3(b) of Pub. L. 98-549 provided that: "The provisions of
    this Act [enacting this subchapter and section 611 of this title,
    amending sections 152, 224, 309, and 605 of this title, section
    2511 of Title 18, Crimes and Criminal Procedure, and section 1805
    of Title 50, War and National Defense, and enacting provisions set
    out as notes under this section and sections 543, 605, and 609 of
    this title] and amendments made by this Act shall not be construed
    to affect any jurisdiction the Federal Communications Commission
    may have under the Communications Act of 1934 [this chapter] with
    respect to any communication by wire or radio (other than cable
    service, as defined in section 602(5) of such Act [section 522(5)
    of this title]) which is provided through a cable system, or
    persons or facilities engaged in such communications."

-End-

-CITE-
    47 USC Sec. 522                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part I - General Provisions

-HEAD-
    Sec. 522. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "activated channels" means those channels
      engineered at the headend of a cable system for the provision of
      services generally available to residential subscribers of the
      cable system, regardless of whether such services actually are
      provided, including any channel designated for public,
      educational, or governmental use;
        (2) the term "affiliate", when used in relation to any person,
      means another person who owns or controls, is owned or controlled
      by, or is under common ownership or control with, such person;
        (3) the term "basic cable service" means any service tier which
      includes the retransmission of local television broadcast
      signals;
        (4) the term "cable channel" or "channel" means a portion of
      the electromagnetic frequency spectrum which is used in a cable
      system and which is capable of delivering a television channel
      (as television channel is defined by the Commission by
      regulation);
        (5) the term "cable operator" means any person or group of
      persons (A) who provides cable service over a cable system and
      directly or through one or more affiliates owns a significant
      interest in such cable system, or (B) who otherwise controls or
      is responsible for, through any arrangement, the management and
      operation of such a cable system;
        (6) the term "cable service" means - 
          (A) the one-way transmission to subscribers of (i) video
        programming, or (ii) other programming service, and
          (B) subscriber interaction, if any, which is required for the
        selection or use of such video programming or other programming
        service;

        (7) the term "cable system" means a facility, consisting of a
      set of closed transmission paths and associated signal
      generation, reception, and control equipment that is designed to
      provide cable service which includes video programming and which
      is provided to multiple subscribers within a community, but such
      term does not include (A) a facility that serves only to
      retransmit the television signals of 1 or more television
      broadcast stations; (B) a facility that serves subscribers
      without using any public right-of-way; (C) a facility of a common
      carrier which is subject, in whole or in part, to the provisions
      of subchapter II of this chapter, except that such facility shall
      be considered a cable system (other than for purposes of section
      541(c) of this title) to the extent such facility is used in the
      transmission of video programming directly to subscribers, unless
      the extent of such use is solely to provide interactive on-demand
      services; (D) an open video system that complies with section 573
      of this title; or (E) any facilities of any electric utility used
      solely for operating its electric utility system;
        (8) the term "Federal agency" means any agency of the United
      States, including the Commission;
        (9) the term "franchise" means an initial authorization, or
      renewal thereof (including a renewal of an authorization which
      has been granted subject to section 546 of this title), issued by
      a franchising authority, whether such authorization is designated
      as a franchise, permit, license, resolution, contract,
      certificate, agreement, or otherwise, which authorizes the
      construction or operation of a cable system;
        (10) the term "franchising authority" means any governmental
      entity empowered by Federal, State, or local law to grant a
      franchise;
        (11) the term "grade B contour" means the field strength of a
      television broadcast station computed in accordance with
      regulations promulgated by the Commission;
        (12) the term "interactive on-demand services" means a service
      providing video programming to subscribers over switched networks
      on an on-demand, point-to-point basis, but does not include
      services providing video programming prescheduled by the
      programming provider;
        (13) the term "multichannel video programming distributor"
      means a person such as, but not limited to, a cable operator, a
      multichannel multipoint distribution service, a direct broadcast
      satellite service, or a television receive-only satellite program
      distributor, who makes available for purchase, by subscribers or
      customers, multiple channels of video programming;
        (14) the term "other programming service" means information
      that a cable operator makes available to all subscribers
      generally;
        (15) the term "person" means an individual, partnership,
      association, joint stock company, trust, corporation, or
      governmental entity;
        (16) the term "public, educational, or governmental access
      facilities" means - 
          (A) channel capacity designated for public, educational, or
        governmental use; and
          (B) facilities and equipment for the use of such channel
        capacity;

        (17) the term "service tier" means a category of cable service
      or other services provided by a cable operator and for which a
      separate rate is charged by the cable operator;
        (18) the term "State" means any State, or political
      subdivision, or agency thereof;
        (19) the term "usable activated channels" means activated
      channels of a cable system, except those channels whose use for
      the distribution of broadcast signals would conflict with
      technical and safety regulations as determined by the Commission;
      and
        (20) the term "video programming" means programming provided
      by, or generally considered comparable to programming provided
      by, a television broadcast station.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 602, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2780; amended Pub. L. 102-
    385, Sec. 2(c), Oct. 5, 1992, 106 Stat. 1463; Pub. L. 104-104,
    title III, Secs. 301(a), 302(b)(2), Feb. 8, 1996, 110 Stat. 114,
    124.)

-MISC1-
                                AMENDMENTS                            
      1996 - Par. (6)(B). Pub. L. 104-104, Sec. 301(a)(1), inserted "or
    use" after "the selection".
      Par. (7)(B). Pub. L. 104-104, Sec. 301(a)(2), added subpar. (B)
    and struck out former subpar. (B) which read as follows: "a
    facility that serves only subscribers in 1 or more multiple unit
    dwellings under common ownership, control, or management, unless
    such facility or facilities uses any public right-of-way;".
      Par. (7)(C) to (E). Pub. L. 104-104, Sec. 302(b)(2)(A), which
    directed substitution of ", unless the extent of such use is solely
    to provide interactive on-demand services; (D) an open video system
    that complies with section 573 of this title; or (E)" for ", or
    (D)", was executed by making the substitution for "; or (D)" to
    reflect the probable intent of Congress.
      Pars. (12) to (20). Pub. L. 104-104, Sec. 302(b)(2)(B), (C),
    added par. (12) and redesignated former pars. (12) to (19) as (13)
    to (20), respectively.
      1992 - Pub. L. 102-385 added pars. (1), (12), and (18) and
    redesignated former pars. (1) to (10) as (2) to (11), respectively,
    former pars. (11) to (15) as (13) to (17), respectively, and former
    par. (16) as (19).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Part II - Use of Cable Channels and Cable
           Ownership Restrictions                          01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part II - Use of Cable Channels and Cable Ownership Restrictions

-HEAD-
     PART II - USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS 

-End-

-CITE-
    47 USC Sec. 531                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part II - Use of Cable Channels and Cable Ownership Restrictions

-HEAD-
    Sec. 531. Cable channels for public, educational, or governmental
      use

-STATUTE-
    (a) Authority to establish requirements with respect to designation
      or use of channel capacity
      A franchising authority may establish requirements in a franchise
    with respect to the designation or use of channel capacity for
    public, educational, or governmental use only to the extent
    provided in this section.
    (b) Authority to require designation for public, educational, or
      governmental use
      A franchising authority may in its request for proposals require
    as part of a franchise, and may require as part of a cable
    operator's proposal for a franchise renewal, subject to section 546
    of this title, that channel capacity be designated for public,
    educational, or governmental use, and channel capacity on
    institutional networks be designated for educational or
    governmental use, and may require rules and procedures for the use
    of the channel capacity designated pursuant to this section.
    (c) Enforcement authority
      A franchising authority may enforce any requirement in any
    franchise regarding the providing or use of such channel capacity.
    Such enforcement authority includes the authority to enforce any
    provisions of the franchise for services, facilities, or equipment
    proposed by the cable operator which relate to public, educational,
    or governmental use of channel capacity, whether or not required by
    the franchising authority pursuant to subsection (b) of this
    section.
    (d) Promulgation of rules and procedures
      In the case of any franchise under which channel capacity is
    designated under subsection (b) of this section, the franchising
    authority shall prescribe - 
        (1) rules and procedures under which the cable operator is
      permitted to use such channel capacity for the provision of other
      services if such channel capacity is not being used for the
      purposes designated, and
        (2) rules and procedures under which such permitted use shall
      cease.
    (e) Editorial control by cable operator
      Subject to section 544(d) of this title, a cable operator shall
    not exercise any editorial control over any public, educational, or
    governmental use of channel capacity provided pursuant to this
    section, except a cable operator may refuse to transmit any public
    access program or portion of a public access program which contains
    obscenity, indecency, or nudity.
    (f) "Institutional network" defined
      For purposes of this section, the term "institutional network"
    means a communication network which is constructed or operated by
    the cable operator and which is generally available only to
    subscribers who are not residential subscribers.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 611, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2782; Pub. L. 104-104, title
    V, Sec. 506(a), Feb. 8, 1996, 110 Stat. 136.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (e). Pub. L. 104-104 inserted before period at end
    ", except a cable operator may refuse to transmit any public access
    program or portion of a public access program which contains
    obscenity, indecency, or nudity".

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

                                REGULATIONS                            
      Pub. L. 102-385, Sec. 10(c), Oct. 5, 1992, 106 Stat. 1486,
    provided that: "Within 180 days following the date of the enactment
    of this Act [Oct. 5, 1992], the Federal Communications Commission
    shall promulgate such regulations as may be necessary to enable a
    cable operator of a cable system to prohibit the use, on such
    system, of any channel capacity of any public, educational, or
    governmental access facility for any programming which contains
    obscene material, sexually explicit conduct, or material soliciting
    or promoting unlawful conduct."

-End-

-CITE-
    47 USC Sec. 532                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part II - Use of Cable Channels and Cable Ownership Restrictions

-HEAD-
    Sec. 532. Cable channels for commercial use

-STATUTE-
    (a) Purpose
      The purpose of this section is to promote competition in the
    delivery of diverse sources of video programming and to assure that
    the widest possible diversity of information sources are made
    available to the public from cable systems in a manner consistent
    with growth and development of cable systems.
    (b) Designation of channel capacity for commercial use
      (1) A cable operator shall designate channel capacity for
    commercial use by persons unaffiliated with the operator in
    accordance with the following requirements:
        (A) An operator of any cable system with 36 or more (but not
      more than 54) activated channels shall designate 10 percent of
      such channels which are not otherwise required for use (or the
      use of which is not prohibited) by Federal law or regulation.
        (B) An operator of any cable system with 55 or more (but not
      more than 100) activated channels shall designate 15 percent of
      such channels which are not otherwise required for use (or the
      use of which is not prohibited) by Federal law or regulation.
        (C) An operator of any cable system with more than 100
      activated channels shall designate 15 percent of all such
      channels.
        (D) An operator of any cable system with fewer than 36
      activated channels shall not be required to designate channel
      capacity for commercial use by persons unaffiliated with the
      operator, unless the cable system is required to provide such
      channel capacity under the terms of a franchise in effect on
      October 30, 1984.
        (E) An operator of any cable system in operation on October 30,
      1984, shall not be required to remove any service actually being
      provided on July 1, 1984, in order to comply with this section,
      but shall make channel capacity available for commercial use as
      such capacity becomes available until such time as the cable
      operator is in full compliance with this section.

      (2) Any Federal agency, State, or franchising authority may not
    require any cable system to designate channel capacity for
    commercial use by unaffiliated persons in excess of the capacity
    specified in paragraph (1), except as otherwise provided in this
    section.
      (3) A cable operator may not be required, as part of a request
    for proposals or as part of a proposal for renewal, subject to
    section 546 of this title, to designate channel capacity for any
    use (other than commercial use by unaffiliated persons under this
    section) except as provided in sections 531 and 557 of this title,
    but a cable operator may offer in a franchise, or proposal for
    renewal thereof, to provide, consistent with applicable law, such
    capacity for other than commercial use by such persons.
      (4) A cable operator may use any unused channel capacity
    designated pursuant to this section until the use of such channel
    capacity is obtained, pursuant to a written agreement, by a person
    unaffiliated with the operator.
      (5) For the purposes of this section, the term "commercial use"
    means the provision of video programming, whether or not for
    profit.
      (6) Any channel capacity which has been designated for public,
    educational, or governmental use may not be considered as
    designated under this section for commercial use for purpose of
    this section.
    (c) Use of channel capacity by unaffiliated persons; editorial
      control; restriction on service; rules on rates, terms, and
      conditions
      (1) If a person unaffiliated with the cable operator seeks to use
    channel capacity designated pursuant to subsection (b) of this
    section for commercial use, the cable operator shall establish,
    consistent with the purpose of this section and with rules
    prescribed by the Commission under paragraph (4), the price, terms,
    and conditions of such use which are at least sufficient to assure
    that such use will not adversely affect the operation, financial
    condition, or market development of the cable system.
      (2) A cable operator shall not exercise any editorial control
    over any video programming provided pursuant to this section, or in
    any other way consider the content of such programming, except that
    a cable operator may refuse to transmit any leased access program
    or portion of a leased access program which contains obscenity,
    indecency, or nudity and may consider such content to the minimum
    extent necessary to establish a reasonable price for the commercial
    use of designated channel capacity by an unaffiliated person.
      (3) Any cable system channel designated in accordance with this
    section shall not be used to provide a cable service that is being
    provided over such system on October 30, 1984, if the provision of
    such programming is intended to avoid the purpose of this section.
      (4)(A) The Commission shall have the authority to - 
        (i) determine the maximum reasonable rates that a cable
      operator may establish pursuant to paragraph (1) for commercial
      use of designated channel capacity, including the rate charged
      for the billing of rates to subscribers and for the collection of
      revenue from subscribers by the cable operator for such use;
        (ii) establish reasonable terms and conditions for such use,
      including those for billing and collection; and
        (iii) establish procedures for the expedited resolution of
      disputes concerning rates or carriage under this section.

      (B) Within 180 days after October 5, 1992, the Commission shall
    establish rules for determining maximum reasonable rates under
    subparagraph (A)(i), for establishing terms and conditions under
    subparagraph (A)(ii), and for providing procedures under
    subparagraph (A)(iii).
    (d) Right of action in district court; relief; factors not to be
      considered by court
      Any person aggrieved by the failure or refusal of a cable
    operator to make channel capacity available for use pursuant to
    this section may bring an action in the district court of the
    United States for the judicial district in which the cable system
    is located to compel that such capacity be made available. If the
    court finds that the channel capacity sought by such person has not
    been made available in accordance with this section, or finds that
    the price, terms, or conditions established by the cable operator
    are unreasonable, the court may order such system to make available
    to such person the channel capacity sought, and further determine
    the appropriate price, terms, or conditions for such use consistent
    with subsection (c) of this section, and may award actual damages
    if it deems such relief appropriate. In any such action, the court
    shall not consider any price, term, or condition established
    between an operator and an affiliate for comparable services.
    (e) Petition to Commission; relief
      (1) Any person aggrieved by the failure or refusal of a cable
    operator to make channel capacity available pursuant to this
    section may petition the Commission for relief under this
    subsection upon a showing of prior adjudicated violations of this
    section. Records of previous adjudications resulting in a court
    determination that the operator has violated this section shall be
    considered as sufficient for the showing necessary under this
    subsection. If the Commission finds that the channel capacity
    sought by such person has not been made available in accordance
    with this section, or that the price, terms, or conditions
    established by such system are unreasonable under subsection (c) of
    this section, the Commission shall, by rule or order, require such
    operator to make available such channel capacity under price,
    terms, and conditions consistent with subsection (c) of this
    section.
      (2) In any case in which the Commission finds that the prior
    adjudicated violations of this section constitute a pattern or
    practice of violations by an operator, the Commission may also
    establish any further rule or order necessary to assure that the
    operator provides the diversity of information sources required by
    this section.
      (3) In any case in which the Commission finds that the prior
    adjudicated violations of this section constitute a pattern or
    practice of violations by any person who is an operator of more
    than one cable system, the Commission may also establish any
    further rule or order necessary to assure that such person provides
    the diversity of information sources required by this section.
    (f) Presumption of reasonableness and good faith
      In any action brought under this section in any Federal district
    court or before the Commission, there shall be a presumption that
    the price, terms, and conditions for use of channel capacity
    designated pursuant to subsection (b) of this section are
    reasonable and in good faith unless shown by clear and convincing
    evidence to the contrary.
    (g) Promulgation of rules
      Notwithstanding sections 541(c) and 543(a) of this title, at such
    time as cable systems with 36 or more activated channels are
    available to 70 percent of households within the United States and
    are subscribed to by 70 percent of the households to which such
    systems are available, the Commission may promulgate any additional
    rules necessary to provide diversity of information sources. Any
    rules promulgated by the Commission pursuant to this subsection
    shall not preempt authority expressly granted to franchising
    authorities under this subchapter.
    (h) Cable service unprotected by Constitution
      Any cable service offered pursuant to this section shall not be
    provided, or shall be provided subject to conditions, if such cable
    service in the judgment of the franchising authority or the cable
    operator is obscene, or is in conflict with community standards in
    that it is lewd, lascivious, filthy, or indecent or is otherwise
    unprotected by the Constitution of the United States. This
    subsection shall permit a cable operator to enforce prospectively a
    written and published policy of prohibiting programming that the
    cable operator reasonably believes describes or depicts sexual or
    excretory activities or organs in a patently offensive manner as
    measured by contemporary community standards.
    (i) Programming from qualified minority or educational programming
      sources
      (1) Notwithstanding the provisions of subsections (b) and (c) of
    this section, a cable operator required by this section to
    designate channel capacity for commercial use may use any such
    channel capacity for the provision of programming from a qualified
    minority programming source or from any qualified educational
    programming source, whether or not such source is affiliated with
    the cable operator. The channel capacity used to provide
    programming from a qualified minority programming source or from
    any qualified educational programming source pursuant to this
    subsection may not exceed 33 percent of the channel capacity
    designated pursuant to this section. No programming provided over a
    cable system on July 1, 1990, may qualify as minority programming
    or educational programming on that cable system under this
    subsection.
      (2) For purposes of this subsection, the term "qualified minority
    programming source" means a programming source which devotes
    substantially all of its programming to coverage of minority
    viewpoints, or to programming directed at members of minority
    groups, and which is over 50 percent minority-owned, as the term
    "minority" is defined in section 309(i)(3)(C)(ii) of this title.
      (3) For purposes of this subsection, the term "qualified
    educational programming source" means a programming source which
    devotes substantially all of its programming to educational or
    instructional programming that promotes public understanding of
    mathematics, the sciences, the humanities, and the arts and has a
    documented annual expenditure on programming exceeding $15,000,000.
    The annual expenditure on programming means all annual costs
    incurred by the programming source to produce or acquire programs
    which are scheduled to be televised, and specifically excludes
    marketing, promotion, satellite transmission and operational costs,
    and general administrative costs.
      (4) Nothing in this subsection shall substitute for the
    requirements to carry qualified noncommercial educational
    television stations as specified under section 535 of this title.
    (j) Single channel access to indecent programming
      (1) Within 120 days following October 5, 1992, the Commission
    shall promulgate regulations designed to limit the access of
    children to indecent programming, as defined by Commission
    regulations, and which cable operators have not voluntarily
    prohibited under subsection (h) of this section by - 
        (A) requiring cable operators to place on a single channel all
      indecent programs, as identified by program providers, intended
      for carriage on channels designated for commercial use under this
      section;
        (B) requiring cable operators to block such single channel
      unless the subscriber requests access to such channel in writing;
      and
        (C) requiring programmers to inform cable operators if the
      program would be indecent as defined by Commission regulations.

      (2) Cable operators shall comply with the regulations promulgated
    pursuant to paragraph (1).

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 612, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2782; amended Pub. L. 102-
    385, Secs. 9, 10(a), (b), Oct. 5, 1992, 106 Stat. 1484, 1486; Pub.
    L. 104-104, title V, Sec. 506(b), Feb. 8, 1996, 110 Stat. 137.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c)(2). Pub. L. 104-104 substituted "a cable
    operator may refuse to transmit any leased access program or
    portion of a leased access program which contains obscenity,
    indecency, or nudity and" for "an operator".
      1992 - Subsec. (a). Pub. L. 102-385, Sec. 9(a), inserted "to
    promote competition in the delivery of diverse sources of video
    programming and" after "purpose of this section is".
      Subsec. (b)(5). Pub. L. 102-385, Sec. 9(d), amended par. (5)
    generally. Prior to amendment, par. (5) read as follows: "For the
    purposes of this section - 
        "(A) the term 'activated channels' means those channels
      engineered at the headend of the cable system for the provision
      of services generally available to residential subscribers of the
      cable system, regardless of whether such services actually are
      provided, including any channel designated for public,
      educational, or governmental use; and
        "(B) the term 'commercial use' means the provision of video
      programming, whether or not for profit."
      Subsec. (c)(1). Pub. L. 102-385, Sec. 9(b)(1), inserted "and with
    rules prescribed by the Commission under paragraph (4)" after
    "purpose of this section".
      Subsec. (c)(4). Pub. L. 102-385, Sec. 9(b)(2), added par. (4).
      Subsec. (h). Pub. L. 102-385, Sec. 10(a), inserted "or the cable
    operator" after "franchising authority" and inserted at end "This
    subsection shall permit a cable operator to enforce prospectively a
    written and published policy of prohibiting programming that the
    cable operator reasonably believes describes or depicts sexual or
    excretory activities or organs in a patently offensive manner as
    measured by contemporary community standards."
      Subsec. (i). Pub. L. 102-385, Sec. 9(c), added subsec. (i).
      Subsec. (j). Pub. L. 102-385, Sec. 10(b), added subsec. (j).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 533                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part II - Use of Cable Channels and Cable Ownership Restrictions

-HEAD-
    Sec. 533. Ownership restrictions

-STATUTE-
    (a) Cable operator holding license for multichannel distribution or
      offering satellite service
      It shall be unlawful for a cable operator to hold a license for
    multichannel multipoint distribution service, or to offer satellite
    master antenna television service separate and apart from any
    franchised cable service, in any portion of the franchise area
    served by that cable operator's cable system. The Commission - 
        (1) shall waive the requirements of this paragraph for all
      existing multichannel multipoint distribution services and
      satellite master antenna television services which are owned by a
      cable operator on October 5, 1992;
        (2) may waive the requirements of this paragraph to the extent
      the Commission determines is necessary to ensure that all
      significant portions of a franchise area are able to obtain video
      programming; and
        (3) shall not apply the requirements of this subsection to any
      cable operator in any franchise area in which a cable operator is
      subject to effective competition as determined under section
      543(l) of this title.
    (b) Repealed. Pub. L. 104-104, title III, Sec. 302(b)(1), Feb. 8,
      1996, 110 Stat. 124
    (c) Promulgation of rules
      The Commission may prescribe rules with respect to the ownership
    or control of cable systems by persons who own or control other
    media of mass communications which serve the same community served
    by a cable system.
    (d) Regulation of ownership by States or franchising authorities
      Any State or franchising authority may not prohibit the ownership
    or control of a cable system by any person because of such person's
    ownership or control of any other media of mass communications or
    other media interests. Nothing in this section shall be construed
    to prevent any State or franchising authority from prohibiting the
    ownership or control of a cable system in a jurisdiction by any
    person (1) because of such person's ownership or control of any
    other cable system in such jurisdiction; or (2) in circumstances in
    which the State or franchising authority determines that the
    acquisition of such a cable system may eliminate or reduce
    competition in the delivery of cable service in such jurisdiction.
    (e) Holding of ownership interests or exercise of editorial control
      by States or franchising authorities
      (1) Subject to paragraph (2), a State or franchising authority
    may hold any ownership interest in any cable system.
      (2) Any State or franchising authority shall not exercise any
    editorial control regarding the content of any cable service on a
    cable system in which such governmental entity holds ownership
    interest (other than programming on any channel designated for
    educational or governmental use), unless such control is exercised
    through an entity separate from the franchising authority.
    (f) Enhancement of effective competition
      (1) In order to enhance effective competition, the Commission
    shall, within one year after October 5, 1992, conduct a proceeding -
     
        (A) to prescribe rules and regulations establishing reasonable
      limits on the number of cable subscribers a person is authorized
      to reach through cable systems owned by such person, or in which
      such person has an attributable interest;
        (B) to prescribe rules and regulations establishing reasonable
      limits on the number of channels on a cable system that can be
      occupied by a video programmer in which a cable operator has an
      attributable interest; and
        (C) to consider the necessity and appropriateness of imposing
      limitations on the degree to which multichannel video programming
      distributors may engage in the creation or production of video
      programming.

      (2) In prescribing rules and regulations under paragraph (1), the
    Commission shall, among other public interest objectives - 
        (A) ensure that no cable operator or group of cable operators
      can unfairly impede, either because of the size of any individual
      operator or because of joint actions by a group of operators of
      sufficient size, the flow of video programming from the video
      programmer to the consumer;
        (B) ensure that cable operators affiliated with video
      programmers do not favor such programmers in determining carriage
      on their cable systems or do not unreasonably restrict the flow
      of the video programming of such programmers to other video
      distributors;
        (C) take particular account of the market structure, ownership
      patterns, and other relationships of the cable television
      industry, including the nature and market power of the local
      franchise, the joint ownership of cable systems and video
      programmers, and the various types of non-equity controlling
      interests;
        (D) account for any efficiencies and other benefits that might
      be gained through increased ownership or control;
        (E) make such rules and regulations reflect the dynamic nature
      of the communications marketplace;
        (F) not impose limitations which would bar cable operators from
      serving previously unserved rural areas; and
        (G) not impose limitations which would impair the development
      of diverse and high quality video programming.
    (g) Combination of interests under prior law
      This section shall not apply to prohibit any combination of any
    interests held by any person on July 1, 1984, to the extent of the
    interests so held as of such date, if the holding of such interests
    was not inconsistent with any applicable Federal or State law or
    regulations in effect on that date.
    (h) "Media of mass communications" defined
      For purposes of this section, the term "media of mass
    communications" shall have the meaning given such term under
    section 309(i)(3)(C)(i) of this title.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 613, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2785; amended Pub. L. 102-
    385, Sec. 11, Oct. 5, 1992, 106 Stat. 1486; Pub. L. 103-414, title
    III, Sec. 303(a)(22), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104-
    104, title II, Sec. 202(i), title III, Secs. 302(b)(1), Feb. 8,
    1996, 110 Stat. 112, 124.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-104, Sec. 202(i), redesignated
    par. (2) as subsec. (a) and subpars. (A) and (B) of par. (2) as
    pars. (1) and (2) of subsec. (a), respectively, added par. (3), and
    struck out former par. (1) which read as follows: "It shall be
    unlawful for any person to be a cable operator if such person,
    directly or through 1 or more affiliates, owns or controls, the
    licensee of a television broadcast station and the predicted grade
    B contour of such station covers any portion of the community
    served by such operator's cable system."
      Subsec. (b). Pub. L. 104-104, Sec. 302(b)(1), struck out subsec.
    (b), which related to common carriers, direct video programming, an
    exception for rural areas, and waiver.
      1994 - Subsec. (b)(2). Pub. L. 103-414 substituted "pole, line,
    conduit space" for "pole line conduit space".
      1992 - Subsec. (a). Pub. L. 102-385, Sec. 11(a), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (d). Pub. L. 102-385, Sec. 11(b), substituted "any other
    media" for "any media" and inserted at end "Nothing in this section
    shall be construed to prevent any State or franchising authority
    from prohibiting the ownership or control of a cable system in a
    jurisdiction by any person (1) because of such person's ownership
    or control of any other cable system in such jurisdiction; or (2)
    in circumstances in which the State or franchising authority
    determines that the acquisition of such a cable system may
    eliminate or reduce competition in the delivery of cable service in
    such jurisdiction."
      Subsecs. (f) to (h). Pub. L. 102-385, Sec. 11(c), added subsec.
    (f) and redesignated former subsecs. (f) and (g) as (g) and (h),
    respectively.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 534                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part II - Use of Cable Channels and Cable Ownership Restrictions

-HEAD-
    Sec. 534. Carriage of local commercial television signals

-STATUTE-
    (a) Carriage obligations
      Each cable operator shall carry, on the cable system of that
    operator, the signals of local commercial television stations and
    qualified low power stations as provided by this section. Carriage
    of additional broadcast television signals on such system shall be
    at the discretion of such operator, subject to section 325(b) of
    this title.
    (b) Signals required
      (1) In general
        (A) A cable operator of a cable system with 12 or fewer usable
      activated channels shall carry the signals of at least three
      local commercial television stations, except that if such a
      system has 300 or fewer subscribers, it shall not be subject to
      any requirements under this section so long as such system does
      not delete from carriage by that system any signal of a broadcast
      television station.
        (B) A cable operator of a cable system with more than 12 usable
      activated channels shall carry the signals of local commercial
      television stations, up to one-third of the aggregate number of
      usable activated channels of such system.
      (2) Selection of signals
        Whenever the number of local commercial television stations
      exceeds the maximum number of signals a cable system is required
      to carry under paragraph (1), the cable operator shall have
      discretion in selecting which such stations shall be carried on
      its cable system, except that - 
          (A) under no circumstances shall a cable operator carry a
        qualified low power station in lieu of a local commercial
        television station; and
          (B) if the cable operator elects to carry an affiliate of a
        broadcast network (as such term is defined by the Commission by
        regulation), such cable operator shall carry the affiliate of
        such broadcast network whose city of license reference point,
        as defined in section 76.53 of title 47, Code of Federal
        Regulations (in effect on January 1, 1991), or any successor
        regulation thereto, is closest to the principal headend of the
        cable system.
      (3) Content to be carried
        (A) A cable operator shall carry in its entirety, on the cable
      system of that operator, the primary video, accompanying audio,
      and line 21 closed caption transmission of each of the local
      commercial television stations carried on the cable system and,
      to the extent technically feasible, program-related material
      carried in the vertical blanking interval or on subcarriers.
      Retransmission of other material in the vertical blanking
      internal or other nonprogram-related material (including teletext
      and other subscription and advertiser-supported information
      services) shall be at the discretion of the cable operator. Where
      appropriate and feasible, operators may delete signal
      enhancements, such as ghost-canceling, from the broadcast signal
      and employ such enhancements at the system headend or headends.
        (B) The cable operator shall carry the entirety of the program
      schedule of any television station carried on the cable system
      unless carriage of specific programming is prohibited, and other
      programming authorized to be substituted, under section 76.67 or
      subpart F of part 76 of title 47, Code of Federal Regulations (as
      in effect on January 1, 1991), or any successor regulations
      thereto.
      (4) Signal quality
        (A) Nondegradation; technical specifications
          The signals of local commercial television stations that a
        cable operator carries shall be carried without material
        degradation. The Commission shall adopt carriage standards to
        ensure that, to the extent technically feasible, the quality of
        signal processing and carriage provided by a cable system for
        the carriage of local commercial television stations will be no
        less than that provided by the system for carriage of any other
        type of signal.
        (B) Advanced television
          At such time as the Commission prescribes modifications of
        the standards for television broadcast signals, the Commission
        shall initiate a proceeding to establish any changes in the
        signal carriage requirements of cable television systems
        necessary to ensure cable carriage of such broadcast signals of
        local commercial television stations which have been changed to
        conform with such modified standards.
      (5) Duplication not required
        Notwithstanding paragraph (1), a cable operator shall not be
      required to carry the signal of any local commercial television
      station that substantially duplicates the signal of another local
      commercial television station which is carried on its cable
      system, or to carry the signals of more than one local commercial
      television station affiliated with a particular broadcast network
      (as such term is defined by regulation). If a cable operator
      elects to carry on its cable system a signal which substantially
      duplicates the signal of another local commercial television
      station carried on the cable system, or to carry on its system
      the signals of more than one local commercial television station
      affiliated with a particular broadcast network, all such signals
      shall be counted toward the number of signals the operator is
      required to carry under paragraph (1).
      (6) Channel positioning
        Each signal carried in fulfillment of the carriage obligations
      of a cable operator under this section shall be carried on the
      cable system channel number on which the local commercial
      television station is broadcast over the air, or on the channel
      on which it was carried on July 19, 1985, or on the channel on
      which it was carried on January 1, 1992, at the election of the
      station, or on such other channel number as is mutually agreed
      upon by the station and the cable operator. Any dispute regarding
      the positioning of a local commercial television station shall be
      resolved by the Commission.
      (7) Signal availability
        Signals carried in fulfillment of the requirements of this
      section shall be provided to every subscriber of a cable system.
      Such signals shall be viewable via cable on all television
      receivers of a subscriber which are connected to a cable system
      by a cable operator or for which a cable operator provides a
      connection. If a cable operator authorizes subscribers to install
      additional receiver connections, but does not provide the
      subscriber with such connections, or with the equipment and
      materials for such connections, the operator shall notify such
      subscribers of all broadcast stations carried on the cable system
      which cannot be viewed via cable without a converter box and
      shall offer to sell or lease such a converter box to such
      subscribers at rates in accordance with section 543(b)(3) of this
      title.
      (8) Identification of signals carried
        A cable operator shall identify, upon request by any person,
      the signals carried on its system in fulfillment of the
      requirements of this section.
      (9) Notification
        A cable operator shall provide written notice to a local
      commercial television station at least 30 days prior to either
      deleting from carriage or repositioning that station. No deletion
      or repositioning of a local commercial television station shall
      occur during a period in which major television ratings services
      measure the size of audiences of local television stations. The
      notification provisions of this paragraph shall not be used to
      undermine or evade the channel positioning or carriage
      requirements imposed upon cable operators under this section.
      (10) Compensation for carriage
        A cable operator shall not accept or request monetary payment
      or other valuable consideration in exchange either for carriage
      of local commercial television stations in fulfillment of the
      requirements of this section or for the channel positioning
      rights provided to such stations under this section, except that -
       
          (A) any such station may be required to bear the costs
        associated with delivering a good quality signal or a baseband
        video signal to the principal headend of the cable system;
          (B) a cable operator may accept payments from stations which
        would be considered distant signals under section 111 of title
        17 as indemnification for any increased copyright liability
        resulting from carriage of such signal; and
          (C) a cable operator may continue to accept monetary payment
        or other valuable consideration in exchange for carriage or
        channel positioning of the signal of any local commercial
        television station carried in fulfillment of the requirements
        of this section, through, but not beyond, the date of
        expiration of an agreement thereon between a cable operator and
        a local commercial television station entered into prior to
        June 26, 1990.
    (c) Low power station carriage obligation
      (1) Requirement
        If there are not sufficient signals of full power local
      commercial television stations to fill the channels set aside
      under subsection (b) of this section - 
          (A) a cable operator of a cable system with a capacity of 35
        or fewer usable activated channels shall be required to carry
        one qualified low power station; and
          (B) a cable operator of a cable system with a capacity of
        more than 35 usable activated channels shall be required to
        carry two qualified low power stations.
      (2) Use of public, educational, or governmental channels
        A cable operator required to carry more than one signal of a
      qualified low power station under this subsection may do so,
      subject to approval by the franchising authority pursuant to
      section 531 of this title, by placing such additional station on
      public, educational, or governmental channels not in use for
      their designated purposes.
    (d) Remedies
      (1) Complaints by broadcast stations
        Whenever a local commercial television station believes that a
      cable operator has failed to meet its obligations under this
      section, such station shall notify the operator, in writing, of
      the alleged failure and identify its reasons for believing that
      the cable operator is obligated to carry the signal of such
      station or has otherwise failed to comply with the channel
      positioning or repositioning or other requirements of this
      section. The cable operator shall, within 30 days of such written
      notification, respond in writing to such notification and either
      commence to carry the signal of such station in accordance with
      the terms requested or state its reasons for believing that it is
      not obligated to carry such signal or is in compliance with the
      channel positioning and repositioning and other requirements of
      this section. A local commercial television station that is
      denied carriage or channel positioning or repositioning in
      accordance with this section by a cable operator may obtain
      review of such denial by filing a complaint with the Commission.
      Such complaint shall allege the manner in which such cable
      operator has failed to meet its obligations and the basis for
      such allegations.
      (2) Opportunity to respond
        The Commission shall afford such cable operator 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, the
      Commission shall determine whether the cable operator has met its
      obligations under this section. If the Commission determines that
      the cable operator has failed to meet such obligations, the
      Commission shall order the cable operator to reposition the
      complaining station or, in the case of an obligation to carry a
      station, to commence carriage of the station and to continue such
      carriage for at least 12 months. If the Commission determines
      that the cable operator has fully met the requirements of this
      section, it shall dismiss the complaint.
    (e) Input selector switch rules abolished
      No cable operator shall be required - 
        (1) to provide or make available any input selector switch as
      defined in section 76.5(mm) of title 47, Code of Federal
      Regulations, or any comparable device; or
        (2) to provide information to subscribers about input selector
      switches or comparable devices.
    (f) Regulations by Commission
      Within 180 days after October 5, 1992, the Commission shall,
    following a rulemaking proceeding, issue regulations implementing
    the requirements imposed by this section. Such implementing
    regulations shall include necessary revisions to update section
    76.51 of title 47 of the Code of Federal Regulations.
    (g) Sales presentations and program length commercials
      (1) Carriage pending proceeding
        Pending the outcome of the proceeding under paragraph (2),
      nothing in this chapter shall require a cable operator to carry
      on any tier, or prohibit a cable operator from carrying on any
      tier, the signal of any commercial television station or video
      programming service that is predominantly utilized for the
      transmission of sales presentations or program length
      commercials.
      (2) Proceeding concerning certain stations
        Within 270 days after October 5, 1992, the Commission,
      notwithstanding prior proceedings to determine whether broadcast
      television stations that are predominantly utilized for the
      transmission of sales presentations or program length commercials
      are serving the public interest, convenience, and necessity,
      shall complete a proceeding in accordance with this paragraph to
      determine whether broadcast television stations that are
      predominantly utilized for the transmission of sales
      presentations or program length commercials are serving the
      public interest, convenience, and necessity. In conducting such
      proceeding, the Commission shall provide appropriate notice and
      opportunity for public comment. The Commission shall consider the
      viewing of such stations, the level of competing demands for the
      spectrum allocated to such stations, and the role of such
      stations in providing competition to nonbroadcast services
      offering similar programming. In the event that the Commission
      concludes that one or more of such stations are serving the
      public interest, convenience, and necessity, the Commission shall
      qualify such stations as local commercial television stations for
      purposes of subsection (a) of this section. In the event that the
      Commission concludes that one or more of such stations are not
      serving the public interest, convenience, and necessity, the
      Commission shall allow the licensees of such stations a
      reasonable period within which to provide different programming,
      and shall not deny such stations a renewal expectancy solely
      because their programming consisted predominantly of sales
      presentations or program length commercials.
    (h) Definitions
      (1) Local commercial television station
        (A) In general
          For purposes of this section, the term "local commercial
        television station" means any full power television broadcast
        station, other than a qualified noncommercial educational
        television station within the meaning of section 535(l)(1) of
        this title, licensed and operating on a channel regularly
        assigned to its community by the Commission that, with respect
        to a particular cable system, is within the same television
        market as the cable system.
        (B) Exclusions
          The term "local commercial television station" shall not
        include - 
            (i) low power television stations, television translator
          stations, and passive repeaters which operate pursuant to
          part 74 of title 47, Code of Federal Regulations, or any
          successor regulations thereto;
            (ii) a television broadcast station that would be
          considered a distant signal under section 111 of title 17, if
          such station does not agree to indemnify the cable operator
          for any increased copyright liability resulting from carriage
          on the cable system; or
            (iii) a television broadcast station that does not deliver
          to the principal headend of a cable system either a signal
          level of -45dBm for UHF signals or -49dBm for VHF
          signals at the input terminals of the signal processing
          equipment, if such station does not agree to be responsible
          for the costs of delivering to the cable system a signal of
          good quality or a baseband video signal.
        (C) Market determinations
          (i) For purposes of this section, a broadcasting station's
        market shall be determined by the Commission by regulation or
        order using, where available, commercial publications which
        delineate television markets based on viewing patterns, except
        that, following a written request, the Commission may, with
        respect to a particular television broadcast station, include
        additional communities within its television market or exclude
        communities from such station's television market to better
        effectuate the purposes of this section. In considering such
        requests, the Commission may determine that particular
        communities are part of more than one television market.
          (ii) In considering requests filed pursuant to clause (i),
        the Commission 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, have been historically carried on the cable system
          or systems within such community;
            (II) whether the television station provides coverage or
          other local service to such community;
            (III) whether any other television station that is eligible
          to be carried by a cable system 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
            (IV) evidence of viewing patterns in cable and noncable
          households within the areas served by the cable system or
          systems in such community.

          (iii) A cable operator shall not delete from carriage the
        signal of a commercial television station during the pendency
        of any proceeding pursuant to this subparagraph.
          (iv) Within 120 days after the date on which a request is
        filed under this subparagraph (or 120 days after February 8,
        1996, if later), the Commission shall grant or deny the
        request.
      (2) Qualified low power station
        The term "qualified low power station" means any television
      broadcast station conforming to the rules established for Low
      Power Television Stations contained in part 74 of title 47, Code
      of Federal Regulations, only if - 
          (A) such station broadcasts for at least the minimum number
        of hours of operation required by the Commission for television
        broadcast stations under part 73 of title 47, Code of Federal
        Regulations;
          (B) such station meets all obligations and requirements
        applicable to television broadcast stations under part 73 of
        title 47, Code of Federal Regulations, with respect to the
        broadcast of nonentertainment programming; programming and
        rates involving political candidates, election issues,
        controversial issues of public importance, editorials, and
        personal attacks; programming for children; and equal
        employment opportunity; and the Commission determines that the
        provision of such programming by such station would address
        local news and informational needs which are not being
        adequately served by full power television broadcast stations
        because of the geographic distance of such full power stations
        from the low power station's community of license;
          (C) such station complies with interference regulations
        consistent with its secondary status pursuant to part 74 of
        title 47, Code of Federal Regulations;
          (D) such station is located no more than 35 miles from the
        cable system's headend, and delivers to the principal headend
        of the cable system an over-the-air signal of good quality, as
        determined by the Commission;
          (E) the community of license of such station and the
        franchise area of the cable system are both located outside of
        the largest 160 Metropolitan Statistical Areas, ranked by
        population, as determined by the Office of Management and
        Budget on June 30, 1990, and the population of such community
        of license on such date did not exceed 35,000; and
          (F) there is no full power television broadcast station
        licensed to any community within the county or other political
        subdivision (of a State) served by the cable system.

      Nothing in this paragraph shall be construed to change the
      secondary status of any low power station as provided in part 74
      of title 47, Code of Federal Regulations, as in effect on October
      5, 1992.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 614, as added Pub. L. 102-
    385, Sec. 4, Oct. 5, 1992, 106 Stat. 1471; amended Pub. L. 104-
    104, title III, Sec. 301(d)(1), Feb. 8, 1996, 110 Stat. 116.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (g)(1), was in the original
    "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as
    amended, known as the Communications Act of 1934, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 609 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (h)(1)(C)(i). Pub. L. 104-104, Sec. 301(d)(1)(A),
    substituted "by the Commission by regulation or order using, where
    available, commercial publications which delineate television
    markets based on viewing patterns," for "in the manner provided in
    section 73.3555(d)(3)(i) of title 47, Code of Federal Regulations,
    as in effect on May 1, 1991,".
      Subsec. (h)(1)(C)(iv). Pub. L. 104-104, Sec. 301(d)(1)(B), added
    cl. (iv) and struck out former cl. (iv) which read as follows: "In
    the rulemaking proceeding required by subsection (f) of this
    section, the Commission shall provide for expedited consideration
    of requests filed under this subparagraph."

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 5, 1992, see section 28 of
    Pub. L. 102-385, set out as an Effective Date of 1992 Amendment
    note under section 325 of this title.

                      APPLICATION TO PENDING REQUESTS                  
      Section 301(d)(2) of Pub. L. 104-104 provided that: "The
    amendment made by paragraph (1) [amending this section] shall apply
    to - 
        "(A) any request pending under section 614(h)(1)(C) of the
      Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)) on the date
      of enactment of this Act [Feb. 8, 1996]; and
        "(B) any request filed under that section after that date."

-End-

-CITE-
    47 USC Sec. 535                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part II - Use of Cable Channels and Cable Ownership Restrictions

-HEAD-
    Sec. 535. Carriage of noncommercial educational television

-STATUTE-
    (a) Carriage obligations
      In addition to the carriage requirements set forth in section 534
    of this title, each cable operator of a cable system shall carry
    the signals of qualified noncommercial educational television
    stations in accordance with the provisions of this section.
    (b) Requirements to carry qualified stations
      (1) General requirement to carry each qualified station
        Subject to paragraphs (2) and (3) and subsection (e) of this
      section, each cable operator shall carry, on the cable system of
      that cable operator, any qualified local noncommercial
      educational television station requesting carriage.
      (2) Systems with 12 or fewer channels
        (A) Notwithstanding paragraph (1), a cable operator of a cable
      system with 12 or fewer usable activated channels shall be
      required to carry the signal of one qualified local noncommercial
      educational television station; except that a cable operator of
      such a system shall comply with subsection (c) of this section
      and may, in its discretion, carry the signals of other qualified
      noncommercial educational television stations.
        (B) In the case of a cable system described in subparagraph (A)
      which operates beyond the presence of any qualified local
      noncommercial educational television station - 
          (i) the cable operator shall import and carry on that system
        the signal of one qualified noncommercial educational
        television station;
          (ii) the selection for carriage of such a signal shall be at
        the election of the cable operator; and
          (iii) in order to satisfy the requirements for carriage
        specified in this subsection, the cable operator of the system
        shall not be required to remove any other programming service
        actually provided to subscribers on March 29, 1990; except that
        such cable operator shall use the first channel available to
        satisfy the requirements of this subparagraph.
      (3) Systems with 13 to 36 channels
        (A) Subject to subsection (c) of this section, a cable operator
      of a cable system with 13 to 36 usable activated channels - 
          (i) shall carry the signal of at least one qualified local
        noncommercial educational television station but shall not be
        required to carry the signals of more than three such stations,
        and
          (ii) may, in its discretion, carry additional such stations.

        (B) In the case of a cable system described in this paragraph
      which operates beyond the presence of any qualified local
      noncommercial educational television station, the cable operator
      shall import and carry on that system the signal of at least one
      qualified noncommercial educational television station to comply
      with subparagraph (A)(i).
        (C) The cable operator of a cable system described in this
      paragraph which carries the signal of a qualified local
      noncommercial educational station affiliated with a State public
      television network shall not be required to carry the signal of
      any additional qualified local noncommercial educational
      television stations affiliated with the same network if the
      programming of such additional stations is substantially
      duplicated by the programming of the qualified local
      noncommercial educational television station receiving carriage.
        (D) A cable operator of a system described in this paragraph
      which increases the usable activated channel capacity of the
      system to more than 36 channels on or after March 29, 1990,
      shall, in accordance with the other provisions of this section,
      carry the signal of each qualified local noncommercial
      educational television station requesting carriage, subject to
      subsection (e) of this section.
    (c) Continued carriage of existing stations
      Notwithstanding any other provision of this section, all cable
    operators shall continue to provide carriage to all qualified local
    noncommercial educational television stations whose signals were
    carried on their systems as of March 29, 1990. The requirements of
    this subsection may be waived with respect to a particular cable
    operator and a particular such station, upon the written consent of
    the cable operator and the station.
    (d) Placement of additional signals
      A cable operator required to add the signals of qualified local
    noncommercial educational television stations to a cable system
    under this section may do so, subject to approval by the
    franchising authority pursuant to section 531 of this title, by
    placing such additional stations on public, educational, or
    governmental channels not in use for their designated purposes.
    (e) Systems with more than 36 channels
      A cable operator of a cable system with a capacity of more than
    36 usable activated channels which is required to carry the signals
    of three qualified local noncommercial educational television
    stations shall not be required to carry the signals of additional
    such stations the programming of which substantially duplicates the
    programming broadcast by another qualified local noncommercial
    educational television station requesting carriage. Substantial
    duplication shall be defined by the Commission in a manner that
    promotes access to distinctive noncommercial educational television
    services.
    (f) Waiver of nonduplication rights
      A qualified local noncommercial educational television station
    whose signal is carried by a cable operator shall not assert any
    network nonduplication rights it may have pursuant to section 76.92
    of title 47, Code of Federal Regulations, to require the deletion
    of programs aired on other qualified local noncommercial
    educational television stations whose signals are carried by that
    cable operator.
    (g) Conditions of carriage
      (1) Content to be carried
        A cable operator shall retransmit in its entirety the primary
      video, accompanying audio, and line 21 closed caption
      transmission of each qualified local noncommercial educational
      television station whose signal is carried on the cable system,
      and, to the extent technically feasible, program-related material
      carried in the vertical blanking interval, or on subcarriers,
      that may be necessary for receipt of programming by handicapped
      persons or for educational or language purposes. Retransmission
      of other material in the vertical blanking interval or on
      subcarriers shall be within the discretion of the cable operator.
      (2) Bandwidth and technical quality
        A cable operator shall provide each qualified local
      noncommercial educational television station whose signal is
      carried in accordance with this section with bandwidth and
      technical capacity equivalent to that provided to commercial
      television broadcast stations carried on the cable system and
      shall carry the signal of each qualified local noncommercial
      educational television station without material degradation.
      (3) Changes in carriage
        The signal of a qualified local noncommercial educational
      television station shall not be repositioned by a cable operator
      unless the cable operator, at least 30 days in advance of such
      repositioning, has provided written notice to the station and all
      subscribers of the cable system. For purposes of this paragraph,
      repositioning includes (A) assignment of a qualified local
      noncommercial educational television station to a cable system
      channel number different from the cable system channel number to
      which the station was assigned as of March 29, 1990, and (B)
      deletion of the station from the cable system. The notification
      provisions of this paragraph shall not be used to undermine or
      evade the channel positioning or carriage requirements imposed
      upon cable operators under this section.
      (4) Good quality signal required
        Notwithstanding the other provisions of this section, a cable
      operator shall not be required to carry the signal of any
      qualified local noncommercial educational television station
      which does not deliver to the cable system's principal headend a
      signal of good quality or a baseband video signal, as may be
      defined by the Commission.
      (5) Channel positioning
        Each signal carried in fulfillment of the carriage obligations
      of a cable operator under this section shall be carried on the
      cable system channel number on which the qualified local
      noncommercial educational television station is broadcast over
      the air, or on the channel on which it was carried on July 19,
      1985, at the election of the station, or on such other channel
      number as is mutually agreed upon by the station and the cable
      operator. Any dispute regarding the positioning of a qualified
      local noncommercial educational television station shall be
      resolved by the Commission.
    (h) Availability of signals
      Signals carried in fulfillment of the carriage obligations of a
    cable operator under this section shall be available to every
    subscriber as part of the cable system's lowest priced service tier
    that includes the retransmission of local commercial television
    broadcast signals.
    (i) Payment for carriage prohibited
      (1) In general
        A cable operator shall not accept monetary payment or other
      valuable consideration in exchange for carriage of the signal of
      any qualified local noncommercial educational television station
      carried in fulfillment of the requirements of this section,
      except that such a station may be required to bear the cost
      associated with delivering a good quality signal or a baseband
      video signal to the principal headend of the cable system.
      (2) Distant signal exception
        Notwithstanding the provisions of this section, a cable
      operator shall not be required to add the signal of a qualified
      local noncommercial educational television station not already
      carried under the provision of subsection (c) of this section,
      where such signal would be considered a distant signal for
      copyright purposes unless such station indemnifies the cable
      operator for any increased copyright costs resulting from
      carriage of such signal.
    (j) Remedies
      (1) Complaint
        Whenever a qualified local noncommercial educational television
      station believes that a cable operator of a cable system has
      failed to comply with the signal carriage requirements of this
      section, the station may file a complaint with the Commission.
      Such complaint shall allege the manner in which such cable
      operator has failed to comply with such requirements and state
      the basis for such allegations.
      (2) Opportunity to respond
        The Commission shall afford such cable operator an opportunity
      to present data, views, and arguments to establish that the cable
      operator has complied with the signal carriage requirements of
      this section.
      (3) Remedial actions; dismissal
        Within 120 days after the date a complaint is filed under this
      subsection, the Commission shall determine whether the cable
      operator has complied with the requirements of this section. If
      the Commission determines that the cable operator has failed to
      comply with such requirements, the Commission shall state with
      particularity the basis for such findings and order the cable
      operator to take such remedial action as is necessary to meet
      such requirements. If the Commission determines that the cable
      operator has fully complied with such requirements, the
      Commission shall dismiss the complaint.
    (k) Identification of signals
      A cable operator shall identify, upon request by any person,
    those signals carried in fulfillment of the requirements of this
    section.
    (l) Definitions
      For purposes of this section - 
      (1) Qualified noncommercial educational television station
        The term "qualified noncommercial educational television
      station" means any television broadcast station which - 
          (A)(i) under the rules and regulations of the Commission in
        effect on March 29, 1990, is licensed by the Commission as a
        noncommercial educational television broadcast station and
        which is owned and operated by a public agency, nonprofit
        foundation, corporation, or association; and
          (ii) has as its licensee an entity which 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 section 396(k)(6)(B) of this title; or
          (B) is owned and operated by a municipality and transmits
        predominantly noncommercial programs for educational purposes.

      Such term includes (I) the translator of any noncommercial
      educational television station with five watts or higher power
      serving the franchise area, (II) a full-service station or
      translator if such station or translator is licensed to a channel
      reserved for noncommercial educational use pursuant to section
      73.606 of title 47, Code of Federal Regulations, or any successor
      regulations thereto, and (III) such stations and translators
      operating on channels not so reserved as the Commission
      determines are qualified as noncommercial educational stations.
      (2) Qualified local noncommercial educational television station
        The term "qualified local noncommercial educational television
      station" means a qualified noncommercial educational television
      station - 
          (A) which is licensed to a principal community whose
        reference point, as defined in section 76.53 of title 47, Code
        of Federal Regulations (as in effect on March 29, 1990), or any
        successor regulations thereto, is within 50 miles of the
        principal headend of the cable system; or
          (B) whose Grade B service contour, as defined in section
        73.683(a) of such title (as in effect on March 29, 1990), or
        any successor regulations thereto, encompasses the principal
        headend of the cable system.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 615, as added Pub. L. 102-
    385, Sec. 5, Oct. 5, 1992, 106 Stat. 1477.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 5, 1992, see section 28 of
    Pub. L. 102-385, set out as an Effective Date of 1992 Amendment
    note under section 325 of this title.

-End-

-CITE-
    47 USC Sec. 536                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part II - Use of Cable Channels and Cable Ownership Restrictions

-HEAD-
    Sec. 536. Regulation of carriage agreements

-STATUTE-
    (a) Regulations
      Within one year after October 5, 1992, the Commission shall
    establish regulations governing program carriage agreements and
    related practices between cable operators or other multichannel
    video programming distributors and video programming vendors. Such
    regulations shall - 
        (1) include provisions designed to prevent a cable operator or
      other multichannel video programming distributor from requiring a
      financial interest in a program service as a condition for
      carriage on one or more of such operator's systems;
        (2) include provisions designed to prohibit a cable operator or
      other multichannel video programming distributor from coercing a
      video programming vendor to provide, and from retaliating against
      such a vendor for failing to provide, exclusive rights against
      other multichannel video programming distributors as a condition
      of carriage on a system;
        (3) contain provisions designed to prevent a multichannel video
      programming distributor from engaging in conduct the effect of
      which is to unreasonably restrain the ability of an unaffiliated
      video programming vendor to compete fairly by discriminating in
      video programming distribution on the basis of affiliation or
      nonaffiliation of vendors in the selection, terms, or conditions
      for carriage of video programming provided by such vendors;
        (4) provide for expedited review of any complaints made by a
      video programming vendor pursuant to this section;
        (5) provide for appropriate penalties and remedies for
      violations of this subsection, including carriage; and
        (6) provide penalties to be assessed against any person filing
      a frivolous complaint pursuant to this section.
    (b) "Video programming vendor" defined
      As used in this section, the term "video programming vendor"
    means a person engaged in the production, creation, or wholesale
    distribution of video programming for sale.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 616, as added Pub. L. 102-
    385, Sec. 12, Oct. 5, 1992, 106 Stat. 1488.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 5, 1992, see section 28 of
    Pub. L. 102-385, set out as an Effective Date of 1992 Amendment
    note under section 325 of this title.

-End-

-CITE-
    47 USC Sec. 537                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part II - Use of Cable Channels and Cable Ownership Restrictions

-HEAD-
    Sec. 537. Sales of cable systems

-STATUTE-
      A franchising authority shall, if the franchise requires
    franchising authority approval of a sale or transfer, have 120 days
    to act upon any request for approval of such sale or transfer that
    contains or is accompanied by such information as is required in
    accordance with Commission regulations and by the franchising
    authority. If the franchising authority fails to render a final
    decision on the request within 120 days, such request shall be
    deemed granted unless the requesting party and the franchising
    authority agree to an extension of time.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 617, as added Pub. L. 102-
    385, Sec. 13, Oct. 5, 1992, 106 Stat. 1489; amended Pub. L. 104-
    104, title III, Sec. 301(i), Feb. 8, 1996, 110 Stat. 117.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-104 redesignated subsec. (e) as entire
    section, substituted "A franchising authority" for "Limitation on
    Duration of Franchising Authority Power To Disapprove Transfers. -
    In the case of any sale or transfer of ownership of any cable
    system after the 36-month period following acquisition of such
    system, a franchising authority", and struck out subsecs. (a) to
    (d) which related to three-year holding period requirement,
    treatment of multiple transfers, exceptions to holding requirement,
    and waiver authority.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 5, 1992, see section 28 of
    Pub. L. 102-385, set out as an Effective Date of 1992 Amendment
    note under section 325 of this title.

-End-

-CITE-
    47 USC Part III - Franchising and Regulation                01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
                   PART III - FRANCHISING AND REGULATION               

-End-

-CITE-
    47 USC Sec. 541                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 541. General franchise requirements

-STATUTE-
    (a) Authority to award franchises; public rights-of-way and
      easements; equal access to service; time for provision of
      service; assurances
      (1) A franchising authority may award, in accordance with the
    provisions of this subchapter, 1 or more franchises within its
    jurisdiction; except that a franchising authority may not grant an
    exclusive franchise and may not unreasonably refuse to award an
    additional competitive franchise. Any applicant whose application
    for a second franchise has been denied by a final decision of the
    franchising authority may appeal such final decision pursuant to
    the provisions of section 555 of this title for failure to comply
    with this subsection.
      (2) Any franchise shall be construed to authorize the
    construction of a cable system over public rights-of-way, and
    through easements, which is within the area to be served by the
    cable system and which have been dedicated for compatible uses,
    except that in using such easements the cable operator shall ensure
    - 
        (A) that the safety, functioning, and appearance of the
      property and the convenience and safety of other persons not be
      adversely affected by the installation or construction of
      facilities necessary for a cable system;
        (B) that the cost of the installation, construction, operation,
      or removal of such facilities be borne by the cable operator or
      subscriber, or a combination of both; and
        (C) that the owner of the property be justly compensated by the
      cable operator for any damages caused by the installation,
      construction, operation, or removal of such facilities by the
      cable operator.

      (3) In awarding a franchise or franchises, a franchising
    authority shall assure that access to cable service is not denied
    to any group of potential residential cable subscribers because of
    the income of the residents of the local area in which such group
    resides.
      (4) In awarding a franchise, the franchising authority - 
        (A) shall allow the applicant's cable system a reasonable
      period of time to become capable of providing cable service to
      all households in the franchise area;
        (B) may require adequate assurance that the cable operator will
      provide adequate public, educational, and governmental access
      channel capacity, facilities, or financial support; and
        (C) may require adequate assurance that the cable operator has
      the financial, technical, or legal qualifications to provide
      cable service.
    (b) No cable service without franchise; exception under prior law
      (1) Except to the extent provided in paragraph (2) and subsection
    (f) of this section, a cable operator may not provide cable service
    without a franchise.
      (2) Paragraph (1) shall not require any person lawfully providing
    cable service without a franchise on July 1, 1984, to obtain a
    franchise unless the franchising authority so requires.
      (3)(A) If a cable operator or affiliate thereof is engaged in the
    provision of telecommunications services - 
        (i) such cable operator or affiliate shall not be required to
      obtain a franchise under this subchapter for the provision of
      telecommunications services; and
        (ii) the provisions of this subchapter shall not apply to such
      cable operator or affiliate for the provision of
      telecommunications services.

      (B) A franchising authority may not impose any requirement under
    this subchapter that has the purpose or effect of prohibiting,
    limiting, restricting, or conditioning the provision of a
    telecommunications service by a cable operator or an affiliate
    thereof.
      (C) A franchising authority may not order a cable operator or
    affiliate thereof - 
        (i) to discontinue the provision of a telecommunications
      service, or
        (ii) to discontinue the operation of a cable system, to the
      extent such cable system is used for the provision of a
      telecommunications service, by reason of the failure of such
      cable operator or affiliate thereof to obtain a franchise or
      franchise renewal under this subchapter with respect to the
      provision of such telecommunications service.

      (D) Except as otherwise permitted by sections 531 and 532 of this
    title, a franchising authority may not require a cable operator to
    provide any telecommunications service or facilities, other than
    institutional networks, as a condition of the initial grant of a
    franchise, a franchise renewal, or a transfer of a franchise.
    (c) Status of cable system as common carrier or utility
      Any cable system shall not be subject to regulation as a common
    carrier or utility by reason of providing any cable service.
    (d) Informational tariffs; regulation by States; "State" defined
      (1) A State or the Commission may require the filing of
    informational tariffs for any intrastate communications service
    provided by a cable system, other than cable service, that would be
    subject to regulation by the Commission or any State if offered by
    a common carrier subject, in whole or in part, to subchapter II of
    this chapter. Such informational tariffs shall specify the rates,
    terms, and conditions for the provision of such service, including
    whether it is made available to all subscribers generally, and
    shall take effect on the date specified therein.
      (2) Nothing in this subchapter shall be construed to affect the
    authority of any State to regulate any cable operator to the extent
    that such operator provides any communication service other than
    cable service, whether offered on a common carrier or private
    contract basis.
      (3) For purposes of this subsection, the term "State" has the
    meaning given it in section 153 of this title.
    (e) State regulation of facilities serving subscribers in multiple
      dwelling units
      Nothing in this subchapter shall be construed to affect the
    authority of any State to license or otherwise regulate any
    facility or combination of facilities which serves only subscribers
    in one or more multiple unit dwellings under common ownership,
    control, or management and which does not use any public right-of-
    way.
    (f) Local or municipal authority as multichannel video programming
      distributor
      No provision of this chapter shall be construed to - 
        (1) prohibit a local or municipal authority that is also, or is
      affiliated with, a franchising authority from operating as a
      multichannel video programming distributor in the franchise area,
      notwithstanding the granting of one or more franchises by such
      franchising authority; or
        (2) require such local or municipal authority to secure a
      franchise to operate as a multichannel video programming
      distributor.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 621, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2786; amended Pub. L. 102-
    385, Secs. 7(a)(1), (b), (c), Oct. 5, 1992, 106 Stat. 1483; Pub.
    L. 104-104, Sec. 3(d)(3), title III, Sec. 303(a), Feb. 8, 1996, 110
    Stat. 61, 124.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(3). Pub. L. 104-104, Sec. 303(a), added par.
    (3).
      Subsec. (d)(3). Pub. L. 104-104, Sec. 3(d)(3), substituted
    "section 153" for "section 153(v)".
      1992 - Subsec. (a)(1). Pub. L. 102-385, Sec. 7(a)(1), inserted
    before period at end "; except that a franchising authority may not
    grant an exclusive franchise and may not unreasonably refuse to
    award an additional competitive franchise. Any applicant whose
    application for a second franchise has been denied by a final
    decision of the franchising authority may appeal such final
    decision pursuant to the provisions of section 555 of this title
    for failure to comply with this subsection".
      Subsec. (a)(4). Pub. L. 102-385, Sec. 7(b), added par. (4).
      Subsec. (b)(1). Pub. L. 102-385, Sec. 7(c)(1), inserted "and
    subsection (f) of this section" after "paragraph (2)".
      Subsec. (f). Pub. L. 102-385, Sec. 7(c)(2), added subsec. (f).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 542                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 542. Franchise fees

-STATUTE-
    (a) Payment under terms of franchise
      Subject to the limitation of subsection (b) of this section, any
    cable operator may be required under the terms of any franchise to
    pay a franchise fee.
    (b) Amount of fees per annum
      For any twelve-month period, the franchise fees paid by a cable
    operator with respect to any cable system shall not exceed 5
    percent of such cable operator's gross revenues derived in such
    period from the operation of the cable system to provide cable
    services. For purposes of this section, the 12-month period shall
    be the 12-month period applicable under the franchise for
    accounting purposes. Nothing in this subsection shall prohibit a
    franchising authority and a cable operator from agreeing that
    franchise fees which lawfully could be collected for any such 12-
    month period shall be paid on a prepaid or deferred basis; except
    that the sum of the fees paid during the term of the franchise may
    not exceed the amount, including the time value of money, which
    would have lawfully been collected if such fees had been paid per
    annum.
    (c) Itemization of subscriber bills
      Each cable operator may identify, consistent with the regulations
    prescribed by the Commission pursuant to section 543 of this title,
    as a separate line item on each regular bill of each subscriber,
    each of the following:
        (1) The amount of the total bill assessed as a franchise fee
      and the identity of the franchising authority to which the fee is
      paid.
        (2) The amount of the total bill assessed to satisfy any
      requirements imposed on the cable operator by the franchise
      agreement to support public, educational, or governmental
      channels or the use of such channels.
        (3) The amount of any other fee, tax, assessment, or charge of
      any kind imposed by any governmental authority on the transaction
      between the operator and the subscriber.
    (d) Court actions; reflection of costs in rate structures
      In any court action under subsection (c) of this section, the
    franchising authority shall demonstrate that the rate structure
    reflects all costs of the franchise fees.
    (e) Decreases passed through to subscribers
      Any cable operator shall pass through to subscribers the amount
    of any decrease in a franchise fee.
    (f) Itemization of franchise fee in bill
      A cable operator may designate that portion of a subscriber's
    bill attributable to the franchise fee as a separate item on the
    bill.
    (g) "Franchise fee" defined
      For the purposes of this section - 
        (1) the term "franchise fee" includes any tax, fee, or
      assessment of any kind imposed by a franchising authority or
      other governmental entity on a cable operator or cable
      subscriber, or both, solely because of their status as such;
        (2) the term "franchise fee" does not include - 
          (A) any tax, fee, or assessment of general applicability
        (including any such tax, fee, or assessment imposed on both
        utilities and cable operators or their services but not
        including a tax, fee, or assessment which is unduly
        discriminatory against cable operators or cable subscribers);
          (B) in the case of any franchise in effect on October 30,
        1984, payments which are required by the franchise to be made
        by the cable operator during the term of such franchise for, or
        in support of the use of, public, educational, or governmental
        access facilities;
          (C) in the case of any franchise granted after October 30,
        1984, capital costs which are required by the franchise to be
        incurred by the cable operator for public, educational, or
        governmental access facilities;
          (D) requirements or charges incidental to the awarding or
        enforcing of the franchise, including payments for bonds,
        security funds, letters of credit, insurance, indemnification,
        penalties, or liquidated damages; or
          (E) any fee imposed under title 17.
    (h) Uncompensated services; taxes, fees and other assessments;
      limitation on fees
      (1) Nothing in this chapter shall be construed to limit any
    authority of a franchising authority to impose a tax, fee, or other
    assessment of any kind on any person (other than a cable operator)
    with respect to cable service or other communications service
    provided by such person over a cable system for which charges are
    assessed to subscribers but not received by the cable operator.
      (2) For any 12-month period, the fees paid by such person with
    respect to any such cable service or other communications service
    shall not exceed 5 percent of such person's gross revenues derived
    in such period from the provision of such service over the cable
    system.
    (i) Regulatory authority of Federal agencies
      Any Federal agency may not regulate the amount of the franchise
    fees paid by a cable operator, or regulate the use of funds derived
    from such fees, except as provided in this section.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 622, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2787; amended Pub. L. 102-
    385, Sec. 14, Oct. 5, 1992, 106 Stat. 1489; Pub. L. 104-104, title
    III, Sec. 303(b), Feb. 8, 1996, 110 Stat. 125.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-104 inserted "to provide cable
    services" before period at end of first sentence.
      1992 - Subsec. (c). Pub. L. 102-385 amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "A
    cable operator may pass through to subscribers the amount of any
    increase in a franchise fee, unless the franchising authority
    demonstrates that the rate structure specified in the franchise
    reflects all costs of franchise fees and so notifies the cable
    operator in writing."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 543                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 543. Regulation of rates

-STATUTE-
    (a) Competition preference; local and Federal regulation
      (1) In general
        No Federal agency or State may regulate the rates for the
      provision of cable service except to the extent provided under
      this section and section 532 of this title. Any franchising
      authority may regulate the rates for the provision of cable
      service, or any other communications service provided over a
      cable system to cable subscribers, but only to the extent
      provided under this section. No Federal agency, State, or
      franchising authority may regulate the rates for cable service of
      a cable system that is owned or operated by a local government or
      franchising authority within whose jurisdiction that cable system
      is located and that is the only cable system located within such
      jurisdiction.
      (2) Preference for competition
        If the Commission finds that a cable system is subject to
      effective competition, the rates for the provision of cable
      service by such system shall not be subject to regulation by the
      Commission or by a State or franchising authority under this
      section. If the Commission finds that a cable system is not
      subject to effective competition - 
          (A) the rates for the provision of basic cable service shall
        be subject to regulation by a franchising authority, or by the
        Commission if the Commission exercises jurisdiction pursuant to
        paragraph (6), in accordance with the regulations prescribed by
        the Commission under subsection (b) of this section; and
          (B) the rates for cable programming services shall be subject
        to regulation by the Commission under subsection (c) of this
        section.
      (3) Qualification of franchising authority
        A franchising authority that seeks to exercise the regulatory
      jurisdiction permitted under paragraph (2)(A) shall file with the
      Commission a written certification that - 
          (A) the franchising authority will adopt and administer
        regulations with respect to the rates subject to regulation
        under this section that are consistent with the regulations
        prescribed by the Commission under subsection (b) of this
        section;
          (B) the franchising authority has the legal authority to
        adopt, and the personnel to administer, such regulations; and
          (C) procedural laws and regulations applicable to rate
        regulation proceedings by such authority provide a reasonable
        opportunity for consideration of the views of interested
        parties.
      (4) Approval by Commission
        A certification filed by a franchising authority under
      paragraph (3) shall be effective 30 days after the date on which
      it is filed unless the Commission finds, after notice to the
      authority and a reasonable opportunity for the authority to
      comment, that - 
          (A) the franchising authority has adopted or is administering
        regulations with respect to the rates subject to regulation
        under this section that are not consistent with the regulations
        prescribed by the Commission under subsection (b) of this
        section;
          (B) the franchising authority does not have the legal
        authority to adopt, or the personnel to administer, such
        regulations; or
          (C) procedural laws and regulations applicable to rate
        regulation proceedings by such authority do not provide a
        reasonable opportunity for consideration of the views of
        interested parties.

      If the Commission disapproves a franchising authority's
      certification, the Commission shall notify the franchising
      authority of any revisions or modifications necessary to obtain
      approval.
      (5) Revocation of jurisdiction
        Upon petition by a cable operator or other interested party,
      the Commission shall review the regulation of cable system rates
      by a franchising authority under this subsection. A copy of the
      petition shall be provided to the franchising authority by the
      person filing the petition. If the Commission finds that the
      franchising authority has acted inconsistently with the
      requirements of this subsection, the Commission shall grant
      appropriate relief. If the Commission, after the franchising
      authority has had a reasonable opportunity to comment, determines
      that the State and local laws and regulations are not in
      conformance with the regulations prescribed by the Commission
      under subsection (b) of this section, the Commission shall revoke
      the jurisdiction of such authority.
      (6) Exercise of jurisdiction by Commission
        If the Commission disapproves a franchising authority's
      certification under paragraph (4), or revokes such authority's
      jurisdiction under paragraph (5), the Commission shall exercise
      the franchising authority's regulatory jurisdiction under
      paragraph (2)(A) until the franchising authority has qualified to
      exercise that jurisdiction by filing a new certification that
      meets the requirements of paragraph (3). Such new certification
      shall be effective upon approval by the Commission. The
      Commission shall act to approve or disapprove any such new
      certification within 90 days after the date it is filed.
      (7) Aggregation of equipment costs
        (A) In general
          The Commission shall allow cable operators, pursuant to any
        rules promulgated under subsection (b)(3) of this section, to
        aggregate, on a franchise, system, regional, or company level,
        their equipment costs into broad categories, such as converter
        boxes, regardless of the varying levels of functionality of the
        equipment within each such broad category. Such aggregation
        shall not be permitted with respect to equipment used by
        subscribers who receive only a rate regulated basic service
        tier.
        (B) Revision to Commission rules; forms
          Within 120 days of February 8, 1996, the Commission shall
        issue revisions to the appropriate rules and forms necessary to
        implement subparagraph (A).
    (b) Establishment of basic service tier rate regulations
      (1) Commission obligation to subscribers
        The Commission shall, by regulation, ensure that the rates for
      the basic service tier are reasonable. Such regulations shall be
      designed to achieve the goal of protecting subscribers of any
      cable system that is not subject to effective competition from
      rates for the basic service tier that exceed the rates that would
      be charged for the basic service tier if such cable system were
      subject to effective competition.
      (2) Commission regulations
        Within 180 days after October 5, 1992, the Commission shall
      prescribe, and periodically thereafter revise, regulations to
      carry out its obligations under paragraph (1). In prescribing
      such regulations, the Commission - 
          (A) shall seek to reduce the administrative burdens on
        subscribers, cable operators, franchising authorities, and the
        Commission;
          (B) may adopt formulas or other mechanisms and procedures in
        complying with the requirements of subparagraph (A); and
          (C) shall take into account the following factors:
            (i) the rates for cable systems, if any, that are subject
          to effective competition;
            (ii) the direct costs (if any) of obtaining, transmitting,
          and otherwise providing signals carried on the basic service
          tier, including signals and services carried on the basic
          service tier pursuant to paragraph (7)(B), and changes in
          such costs;
            (iii) only such portion of the joint and common costs (if
          any) of obtaining, transmitting, and otherwise providing such
          signals as is determined, in accordance with regulations
          prescribed by the Commission, to be reasonably and properly
          allocable to the basic service tier, and changes in such
          costs;
            (iv) the revenues (if any) received by a cable operator
          from advertising from programming that is carried as part of
          the basic service tier or from other consideration obtained
          in connection with the basic service tier;
            (v) the reasonably and properly allocable portion of any
          amount assessed as a franchise fee, tax, or charge of any
          kind imposed by any State or local authority on the
          transactions between cable operators and cable subscribers or
          any other fee, tax, or assessment of general applicability
          imposed by a governmental entity applied against cable
          operators or cable subscribers;
            (vi) any amount required, in accordance with paragraph (4),
          to satisfy franchise requirements to support public,
          educational, or governmental channels or the use of such
          channels or any other services required under the franchise;
          and
            (vii) a reasonable profit, as defined by the Commission
          consistent with the Commission's obligations to subscribers
          under paragraph (1).
      (3) Equipment
        The regulations prescribed by the Commission under this
      subsection shall include standards to establish, on the basis of
      actual cost, the price or rate for - 
          (A) installation and lease of the equipment used by
        subscribers to receive the basic service tier, including a
        converter box and a remote control unit and, if requested by
        the subscriber, such addressable converter box or other
        equipment as is required to access programming described in
        paragraph (8); and
          (B) installation and monthly use of connections for
        additional television receivers.
      (4) Costs of franchise requirements
        The regulations prescribed by the Commission under this
      subsection shall include standards to identify costs attributable
      to satisfying franchise requirements to support public,
      educational, and governmental channels or the use of such
      channels or any other services required under the franchise.
      (5) Implementation and enforcement
        The regulations prescribed by the Commission under this
      subsection shall include additional standards, guidelines, and
      procedures concerning the implementation and enforcement of such
      regulations, which shall include - 
          (A) procedures by which cable operators may implement and
        franchising authorities may enforce the regulations prescribed
        by the Commission under this subsection;
          (B) procedures for the expeditious resolution of disputes
        between cable operators and franchising authorities concerning
        the administration of such regulations;
          (C) standards and procedures to prevent unreasonable charges
        for changes in the subscriber's selection of services or
        equipment subject to regulation under this section, which
        standards shall require that charges for changing the service
        tier selected shall be based on the cost of such change and
        shall not exceed nominal amounts when the system's
        configuration permits changes in service tier selection to be
        effected solely by coded entry on a computer terminal or by
        other similarly simple method; and
          (D) standards and procedures to assure that subscribers
        receive notice of the availability of the basic service tier
        required under this section.
      (6) Notice
        The procedures prescribed by the Commission pursuant to
      paragraph (5)(A) shall require a cable operator to provide 30
      days' advance notice to a franchising authority of any increase
      proposed in the price to be charged for the basic service tier.
      (7) Components of basic tier subject to rate regulation
        (A) Minimum contents
          Each cable operator of a cable system shall provide its
        subscribers a separately available basic service tier to which
        subscription is required for access to any other tier of
        service. Such basic service tier shall, at a minimum, consist
        of the following:
            (i) All signals carried in fulfillment of the requirements
          of sections 534 and 535 of this title.
            (ii) Any public, educational, and governmental access
          programming required by the franchise of the cable system to
          be provided to subscribers.
            (iii) Any signal of any television broadcast station that
          is provided by the cable operator to any subscriber, except a
          signal which is secondarily transmitted by a satellite
          carrier beyond the local service area of such station.
        (B) Permitted additions to basic tier
          A cable operator may add additional video programming signals
        or services to the basic service tier. Any such additional
        signals or services provided on the basic service tier shall be
        provided to subscribers at rates determined under the
        regulations prescribed by the Commission under this subsection.
      (8) Buy-through of other tiers prohibited
        (A) Prohibition
          A cable operator may not require the subscription to any tier
        other than the basic service tier required by paragraph (7) as
        a condition of access to video programming offered on a per
        channel or per program basis. A cable operator may not
        discriminate between subscribers to the basic service tier and
        other subscribers with regard to the rates charged for video
        programming offered on a per channel or per program basis.
        (B) Exception; limitation
          The prohibition in subparagraph (A) shall not apply to a
        cable system that, by reason of the lack of addressable
        converter boxes or other technological limitations, does not
        permit the operator to offer programming on a per channel or
        per program basis in the same manner required by subparagraph
        (A). This subparagraph shall not be available to any cable
        operator after - 
            (i) the technology utilized by the cable system is modified
          or improved in a way that eliminates such technological
          limitation; or
            (ii) 10 years after October 5, 1992, subject to
          subparagraph (C).
        (C) Waiver
          If, in any proceeding initiated at the request of any cable
        operator, the Commission determines that compliance with the
        requirements of subparagraph (A) would require the cable
        operator to increase its rates, the Commission may, to the
        extent consistent with the public interest, grant such cable
        operator a waiver from such requirements for such specified
        period as the Commission determines reasonable and appropriate.
    (c) Regulation of unreasonable rates
      (1) Commission regulations
        Within 180 days after October 5, 1992, the Commission shall, by
      regulation, establish the following:
          (A) criteria prescribed in accordance with paragraph (2) for
        identifying, in individual cases, rates for cable programming
        services that are unreasonable;
          (B) fair and expeditious procedures for the receipt,
        consideration, and resolution of complaints from any
        franchising authority (in accordance with paragraph (3))
        alleging that a rate for cable programming services charged by
        a cable operator violates the criteria prescribed under
        subparagraph (A), which procedures shall include the minimum
        showing that shall be required for a complaint to obtain
        Commission consideration and resolution of whether the rate in
        question is unreasonable; and
          (C) the procedures to be used to reduce rates for cable
        programming services that are determined by the Commission to
        be unreasonable and to refund such portion of the rates or
        charges that were paid by subscribers after the filing of the
        first complaint filed with the franchising authority under
        paragraph (3) and that are determined to be unreasonable.
      (2) Factors to be considered
        In establishing the criteria for determining in individual
      cases whether rates for cable programming services are
      unreasonable under paragraph (1)(A), the Commission shall
      consider, among other factors - 
          (A) the rates for similarly situated cable systems offering
        comparable cable programming services, taking into account
        similarities in facilities, regulatory and governmental costs,
        the number of subscribers, and other relevant factors;
          (B) the rates for cable systems, if any, that are subject to
        effective competition;
          (C) the history of the rates for cable programming services
        of the system, including the relationship of such rates to
        changes in general consumer prices;
          (D) the rates, as a whole, for all the cable programming,
        cable equipment, and cable services provided by the system,
        other than programming provided on a per channel or per program
        basis;
          (E) capital and operating costs of the cable system,
        including the quality and costs of the customer service
        provided by the cable system; and
          (F) the revenues (if any) received by a cable operator from
        advertising from programming that is carried as part of the
        service for which a rate is being established, and changes in
        such revenues, or from other consideration obtained in
        connection with the cable programming services concerned.
      (3) Review of rate changes
        The Commission shall review any complaint submitted by a
      franchising authority after February 8, 1996, concerning an
      increase in rates for cable programming services and issue a
      final order within 90 days after it receives such a complaint,
      unless the parties agree to extend the period for such review. A
      franchising authority may not file a complaint under this
      paragraph unless, within 90 days after such increase becomes
      effective it receives subscriber complaints.
      (4) Sunset of upper tier rate regulation
        This subsection shall not apply to cable programming services
      provided after March 31, 1999.
    (d) Uniform rate structure required
      A cable operator shall have a rate structure, for the provision
    of cable service, that is uniform throughout the geographic area in
    which cable service is provided over its cable system. This
    subsection does not apply to (1) a cable operator with respect to
    the provision of cable service over its cable system in any
    geographic area in which the video programming services offered by
    the operator in that area are subject to effective competition, or
    (2) any video programming offered on a per channel or per program
    basis. Bulk discounts to multiple dwelling units shall not be
    subject to this subsection, except that a cable operator of a cable
    system that is not subject to effective competition may not charge
    predatory prices to a multiple dwelling unit. Upon a prima facie
    showing by a complainant that there are reasonable grounds to
    believe that the discounted price is predatory, the cable system
    shall have the burden of showing that its discounted price is not
    predatory.
    (e) Discrimination; services for the hearing impaired
      Nothing in this subchapter shall be construed as prohibiting any
    Federal agency, State, or a franchising authority from - 
        (1) prohibiting discrimination among subscribers and potential
      subscribers to cable service, except that no Federal agency,
      State, or franchising authority may prohibit a cable operator
      from offering reasonable discounts to senior citizens or other
      economically disadvantaged group discounts; or
        (2) requiring and regulating the installation or rental of
      equipment which facilitates the reception of cable service by
      hearing impaired individuals.
    (f) Negative option billing prohibited
      A cable operator shall not charge a subscriber for any service or
    equipment that the subscriber has not affirmatively requested by
    name. For purposes of this subsection, a subscriber's failure to
    refuse a cable operator's proposal to provide such service or
    equipment shall not be deemed to be an affirmative request for such
    service or equipment.
    (g) Collection of information
      The Commission shall, by regulation, require cable operators to
    file with the Commission or a franchising authority, as
    appropriate, within one year after October 5, 1992, and annually
    thereafter, such financial information as may be needed for
    purposes of administering and enforcing this section.
    (h) Prevention of evasions
      Within 180 days after October 5, 1992, the Commission shall, by
    regulation, establish standards, guidelines, and procedures to
    prevent evasions, including evasions that result from retiering, of
    the requirements of this section and shall, thereafter,
    periodically review and revise such standards, guidelines, and
    procedures.
    (i) Small system burdens
      In developing and prescribing regulations pursuant to this
    section, the Commission shall design such regulations to reduce the
    administrative burdens and cost of compliance for cable systems
    that have 1,000 or fewer subscribers.
    (j) Rate regulation agreements
      During the term of an agreement made before July 1, 1990, by a
    franchising authority and a cable operator providing for the
    regulation of basic cable service rates, where there was not
    effective competition under Commission rules in effect on that
    date, nothing in this section (or the regulations thereunder) shall
    abridge the ability of such franchising authority to regulate rates
    in accordance with such an agreement.
    (k) Reports on average prices
      The Commission shall annually publish statistical reports on the
    average rates for basic cable service and other cable programming,
    and for converter boxes, remote control units, and other equipment,
    of - 
        (1) cable systems that the Commission has found are subject to
      effective competition under subsection (a)(2) of this section,
      compared with
        (2) cable systems that the Commission has found are not subject
      to such effective competition.
    (l) Definitions
      As used in this section - 
        (1) The term "effective competition" means that - 
          (A) fewer than 30 percent of the households in the franchise
        area subscribe to the cable service of a cable system;
          (B) the franchise area is - 
            (i) served by at least two unaffiliated multichannel video
          programming distributors each of which offers comparable
          video programming to at least 50 percent of the households in
          the franchise area; and
            (ii) the number of households subscribing to programming
          services offered by multichannel video programming
          distributors other than the largest multichannel video
          programming distributor exceeds 15 percent of the households
          in the franchise area;

          (C) a multichannel video programming distributor operated by
        the franchising authority for that franchise area offers video
        programming to at least 50 percent of the households in that
        franchise area; or
          (D) a local exchange carrier or its affiliate (or any
        multichannel video programming distributor using the facilities
        of such carrier or its affiliate) offers video programming
        services directly to subscribers by any means (other than
        direct-to-home satellite services) in the franchise area of an
        unaffiliated cable operator which is providing cable service in
        that franchise area, but only if the video programming services
        so offered in that area are comparable to the video programming
        services provided by the unaffiliated cable operator in that
        area.

        (2) The term "cable programming service" means any video
      programming provided over a cable system, regardless of service
      tier, including installation or rental of equipment used for the
      receipt of such video programming, other than (A) video
      programming carried on the basic service tier, and (B) video
      programming offered on a per channel or per program basis.
    (m) Special rules for small companies
      (1) In general
        Subsections (a), (b), and (c) of this section do not apply to a
      small cable operator with respect to - 
          (A) cable programming services, or
          (B) a basic service tier that was the only service tier
        subject to regulation as of December 31, 1994,

      in any franchise area in which that operator services 50,000 or
      fewer subscribers.
      (2) "Small cable operator" defined
        For purposes of this subsection, the term "small cable
      operator" means a cable operator that, directly or through an
      affiliate, serves in the aggregate fewer than 1 percent of all
      subscribers in the United States and is not affiliated with any
      entity or entities whose gross annual revenues in the aggregate
      exceed $250,000,000.
    (n) Treatment of prior year losses
      Notwithstanding any other provision of this section or of section
    532 of this title, losses associated with a cable system (including
    losses associated with the grant or award of a franchise) that were
    incurred prior to September 4, 1992, with respect to a cable system
    that is owned and operated by the original franchisee of such
    system shall not be disallowed, in whole or in part, in the
    determination of whether the rates for any tier of service or any
    type of equipment that is subject to regulation under this section
    are lawful.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 623, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2788; amended Pub. L. 102-
    385, Sec. 3(a), Oct. 5, 1992, 106 Stat. 1464; Pub. L. 104-104,
    title III, Sec. 301(b), (c), (j), (k)(1), Feb. 8, 1996, 110 Stat.
    114, 116, 118.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(7). Pub. L. 104-104, Sec. 301(j), added par.
    (7).
      Subsec. (c)(1)(B). Pub. L. 104-104, Sec. 301(b)(1)(A),
    substituted "franchising authority (in accordance with paragraph
    (3))" for "subscriber, franchising authority, or other relevant
    State or local government entity".
      Subsec. (c)(1)(C). Pub. L. 104-104, Sec. 301(b)(1)(B),
    substituted "the first complaint filed with the franchising
    authority under paragraph (3)" for "such complaint".
      Subsec. (c)(3), (4). Pub. L. 104-104, Sec. 301(b)(1)(C), added
    pars. (3) and (4) and struck out heading and text of former par.
    (3). Text read as follows: "Except during the 180-day period
    following the effective date of the regulations prescribed by the
    Commission under paragraph (1), the procedures established under
    subparagraph (B) of such paragraph shall be available only with
    respect to complaints filed within a reasonable period of time
    following a change in rates that is initiated after that effective
    date, including a change in rates that results from a change in
    that system's service tiers."
      Subsec. (d). Pub. L. 104-104, Sec. 301(b)(2), inserted at end
    "This subsection does not apply to (1) a cable operator with
    respect to the provision of cable service over its cable system in
    any geographic area in which the video programming services offered
    by the operator in that area are subject to effective competition,
    or (2) any video programming offered on a per channel or per
    program basis. Bulk discounts to multiple dwelling units shall not
    be subject to this subsection, except that a cable operator of a
    cable system that is not subject to effective competition may not
    charge predatory prices to a multiple dwelling unit. Upon a prima
    facie showing by a complainant that there are reasonable grounds to
    believe that the discounted price is predatory, the cable system
    shall have the burden of showing that its discounted price is not
    predatory."
      Subsec. (l)(1)(D). Pub. L. 104-104, Sec. 301(b)(3), added subpar.
    (D).
      Subsec. (m). Pub. L. 104-104, Sec. 301(c), added subsec. (m).
      Subsec. (n). Pub. L. 104-104, Sec. 301(k)(1), added subsec. (n).
      1992 - Pub. L. 102-385 amended section generally, substituting
    present provisions for former provisions which related in subsec.
    (a) to limitation on regulatory power of Federal agencies, States,
    or franchising authorities, in subsec. (b) to promulgation, scope,
    content, periodic review, and amendment of regulations, in subsec.
    (c) to regulation by franchising authority during initial 2-year
    period, in subsec. (d) to automatic granting of rate increase
    requests upon agency inaction within 180-day period, in subsec. (e)
    to additional increases in rates and to reduction by amount of
    increase under franchise provisions, in subsec. (f) to
    nondiscrimination and facilitation of reception by hearing-impaired
    individuals, in subsec. (g) to continued effectiveness of
    limitation or the preemption of regulation under prior State law,
    and in subsec. (h) to reports and recommendations to Congress.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 301(k)(2) of Pub. L. 104-104 provided that: "The
    amendment made by paragraph (1) [amending this section] shall take
    effect on the date of enactment of this Act [Feb. 8, 1996] and
    shall be applicable to any rate proposal filed on or after
    September 4, 1993, upon which no final action has been taken by
    December 1, 1995."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 3(b) of Pub. L. 102-385 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect
    180 days after the date of enactment of this Act [Oct. 5, 1992],
    except that the authority of the Federal Communications Commission
    to prescribe regulations is effective on such date of enactment."

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

        RESTORATION, RETIERMENT AND REPRICING OF SERVICE PREVIOUSLY
                     ELIMINATED, RETIERED, OR REPRICED
      Section 9(b) of Pub. L. 98-549 provided that: "Nothing in section
    623 or 624 of the Communications Act of 1934 [sections 543 and 544
    of this title], as added by this Act, shall be construed to allow a
    franchising authority, or a State or any political subdivision of a
    State, to require a cable operator to restore, retier, or reprice
    any cable service which was lawfully eliminated, retiered, or
    repriced as of September 26, 1984."

-End-

-CITE-
    47 USC Sec. 544                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 544. Regulation of services, facilities, and equipment

-STATUTE-
    (a) Regulation by franchising authority
      Any franchising authority may not regulate the services,
    facilities, and equipment provided by a cable operator except to
    the extent consistent with this subchapter.
    (b) Requests for proposals; establishment and enforcement of
      requirements
      In the case of any franchise granted after the effective date of
    this subchapter, the franchising authority, to the extent related
    to the establishment or operation of a cable system - 
        (1) in its request for proposals for a franchise (including
      requests for renewal proposals, subject to section 546 of this
      title), may establish requirements for facilities and equipment,
      but may not, except as provided in subsection (h) of this
      section, establish requirements for video programming or other
      information services; and
        (2) subject to section 545 of this title, may enforce any
      requirements contained within the franchise - 
          (A) for facilities and equipment; and
          (B) for broad categories of video programming or other
        services.
    (c) Enforcement authority respecting franchises effective under
      prior law
      In the case of any franchise in effect on the effective date of
    this subchapter, the franchising authority may, subject to section
    545 of this title, enforce requirements contained within the
    franchise for the provision of services, facilities, and equipment,
    whether or not related to the establishment or operation of a cable
    system.
    (d) Cable service unprotected by Constitution; blockage of premium
      channel upon request
      (1) Nothing in this subchapter shall be construed as prohibiting
    a franchising authority and a cable operator from specifying, in a
    franchise or renewal thereof, that certain cable services shall not
    be provided or shall be provided subject to conditions, if such
    cable services are obscene or are otherwise unprotected by the
    Constitution of the United States.
      (2) In order to restrict the viewing of of of (!1) programming
    which is obscene or indecent, upon the request of a subscriber, a
    cable operator shall provide (by sale or lease) a device by which
    the subscriber can prohibit viewing of a particular cable service
    during periods selected by that subscriber.

      (3)(A) If a cable operator provides a premium channel without
    charge to cable subscribers who do not subscribe to such premium
    channel, the cable operator shall, not later than 30 days before
    such premium channel is provided without charge - 
        (i) notify all cable subscribers that the cable operator plans
      to provide a premium channel without charge;
        (ii) notify all cable subscribers when the cable operator plans
      to offer a premium channel without charge;
        (iii) notify all cable subscribers that they have a right to
      request that the channel carrying the premium channel be blocked;
      and
        (iv) block the channel carrying the premium channel upon the
      request of a subscriber.

      (B) For the purpose of this section, the term "premium channel"
    shall mean any pay service offered on a per channel or per program
    basis, which offers movies rated by the Motion Picture Association
    of America as X, NC-17, or R.
    (e) Technical standards
      Within one year after October 5, 1992, the Commission shall
    prescribe regulations which establish minimum technical standards
    relating to cable systems' technical operation and signal quality.
    The Commission shall update such standards periodically to reflect
    improvements in technology. No State or franchising authority may
    prohibit, condition, or restrict a cable system's use of any type
    of subscriber equipment or any transmission technology.
    (f) Limitation on regulatory powers of Federal agencies, States, or
      franchising authorities; exceptions
      (1) Any Federal agency, State, or franchising authority may not
    impose requirements regarding the provision or content of cable
    services, except as expressly provided in this subchapter.
      (2) Paragraph (1) shall not apply to - 
        (A) any rule, regulation, or order issued under any Federal
      law, as such rule, regulation, or order (i) was in effect on
      September 21, 1983, or (ii) may be amended after such date if the
      rule, regulation, or order as amended is not inconsistent with
      the express provisions of this subchapter; and
        (B) any rule, regulation, or order under title 17.
    (g) Access to emergency information
      Notwithstanding any such rule, regulation, or order, each cable
    operator shall comply with such standards as the Commission shall
    prescribe to ensure that viewers of video programming on cable
    systems are afforded the same emergency information as is afforded
    by the emergency broadcasting system pursuant to Commission
    regulations in subpart G of part 73, title 47, Code of Federal
    Regulations.
    (h) Notice of changes in and comments on services
      A franchising authority may require a cable operator to do any
    one or more of the following:
        (1) Provide 30 days' advance written notice of any change in
      channel assignment or in the video programming service provided
      over any such channel.
        (2) Inform subscribers, via written notice, that comments on
      programming and channel position changes are being recorded by a
      designated office of the franchising authority.
    (i) Disposition of cable upon termination of service
      Within 120 days after October 5, 1992, the Commission shall
    prescribe rules concerning the disposition, after a subscriber to a
    cable system terminates service, of any cable installed by the
    cable operator within the premises of such subscriber.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 624, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2789; amended Pub. L. 102-
    385, Secs. 15, 16, Oct. 5, 1992, 106 Stat. 1490; Pub. L. 103-414,
    title III, Secs. 303(a)(23), 304(a)(12), Oct. 25, 1994, 108 Stat.
    4295, 4297; Pub. L. 104-104, title III, Sec. 301(e), Feb. 8, 1996,
    110 Stat. 116.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For "the effective date of this subchapter", referred to in
    subsecs. (b) and (c), as 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as an Effective Date note under section 521 of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (e). Pub. L. 104-104 substituted "No State or
    franchising authority may prohibit, condition, or restrict a cable
    system's use of any type of subscriber equipment or any
    transmission technology." for "A franchising authority may require
    as part of a franchise (including a modification, renewal, or
    transfer thereof) provisions for the enforcement of the standards
    prescribed under this subsection. A franchising authority may apply
    to the Commission for a waiver to impose standards that are more
    stringent than the standards prescribed by the Commission under
    this subsection."
      1994 - Subsec. (d)(2). Pub. L. 103-414, Sec. 304(a)(12), struck
    out designation "(A)", inserted "of" after "restrict the viewing",
    and struck out subpar. (B) which read as follows: "Subparagraph (A)
    shall take effect 180 days after the effective date of this
    subchapter."
      Pub. L. 103-414, Sec. 303(a)(23), inserted "of" after "restrict
    the viewing" in subpar. (A).
      1992 - Subsec. (b)(1). Pub. L. 102-385, Sec. 16(c)(1), inserted
    ", except as provided in subsection (h) of this section," after
    "but may not".
      Subsec. (d)(3). Pub. L. 102-385, Sec. 15, added par. (3).
      Subsec. (e). Pub. L. 102-385, Sec. 16(a), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "The
    Commission may establish technical standards relating to the
    facilities and equipment of cable systems which a franchising
    authority may require in the franchise."
      Subsec. (g). Pub. L. 102-385, Sec. 16(b), added subsec. (g).
      Subsec. (h). Pub. L. 102-385, Sec. 16(c)(2), added subsec. (h).
      Subsec. (i). Pub. L. 102-385, Sec. 16(d), added subsec. (i).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

        RESTORATION, RETIERMENT AND REPRICING OF SERVICE PREVIOUSLY
                     ELIMINATED, RETIERED, OR REPRICED
      Section not to be construed to allow a franchising authority, or
    a State or political subdivision thereof, to require a cable
    operator to restore, retier or reprice cable service previously
    eliminated, retiered, or repriced as of Sept. 26, 1984, see section
    9(b) of Pub. L. 98-549, set out as a note under section 543 of this
    title.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    47 USC Sec. 544a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 544a. Consumer electronics equipment compatibility

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) new and recent models of television receivers and video
      cassette recorders often contain premium features and functions
      that are disabled or inhibited because of cable scrambling,
      encoding, or encryption technologies and devices, including
      converter boxes and remote control devices required by cable
      operators to receive programming;
        (2) if these problems are allowed to persist, consumers will be
      less likely to purchase, and electronics equipment manufacturers
      will be less likely to develop, manufacture, or offer for sale,
      television receivers and video cassette recorders with new and
      innovative features and functions;
        (3) cable operators should use technologies that will prevent
      signal thefts while permitting consumers to benefit from such
      features and functions in such receivers and recorders; and
        (4) compatibility among televisions, video cassette recorders,
      and cable systems can be assured with narrow technical standards
      that mandate a minimum degree of common design and operation,
      leaving all features, functions, protocols, and other product and
      service options for selection through open competition in the
      market.
    (b) Compatible interfaces
      (1) Report; regulations
        Within 1 year after October 5, 1992, the Commission, in
      consultation with representatives of the cable industry and the
      consumer electronics industry, shall report to Congress on means
      of assuring compatibility between televisions and video cassette
      recorders and cable systems, consistent with the need to prevent
      theft of cable service, so that cable subscribers will be able to
      enjoy the full benefit of both the programming available on cable
      systems and the functions available on their televisions and
      video cassette recorders. Within 180 days after the date of
      submission of the report required by this subsection, the
      Commission shall issue such regulations as are necessary to
      assure such compatibility.
      (2) Scrambling and encryption
        In issuing the regulations referred to in paragraph (1), the
      Commission shall determine whether and, if so, under what
      circumstances to permit cable systems to scramble or encrypt
      signals or to restrict cable systems in the manner in which they
      encrypt or scramble signals, except that the Commission shall not
      limit the use of scrambling or encryption technology where the
      use of such technology does not interfere with the functions of
      subscribers' television receivers or video cassette recorders.
    (c) Rulemaking requirements
      (1) Factors to be considered
        In prescribing the regulations required by this section, the
      Commission shall consider - 
          (A) the need to maximize open competition in the market for
        all features, functions, protocols, and other product and
        service options of converter boxes and other cable converters
        unrelated to the descrambling or decryption of cable television
        signals;
          (B) the costs and benefits to consumers of imposing
        compatibility requirements on cable operators and television
        manufacturers in a manner that, while providing effective
        protection against theft or unauthorized reception of cable
        service, will minimize interference with or nullification of
        the special functions of subscribers' television receivers or
        video cassette recorders, including functions that permit the
        subscriber - 
            (i) to watch a program on one channel while simultaneously
          using a video cassette recorder to tape a program on another
          channel;
            (ii) to use a video cassette recorder to tape two
          consecutive programs that appear on different channels; and
            (iii) to use advanced television picture generation and
          display features; and

          (C) the need for cable operators to protect the integrity of
        the signals transmitted by the cable operator against theft or
        to protect such signals against unauthorized reception.
      (2) Regulations required
        The regulations prescribed by the Commission under this section
      shall include such regulations as are necessary - 
          (A) to specify the technical requirements with which a
        television receiver or video cassette recorder must comply in
        order to be sold as "cable compatible" or "cable ready";
          (B) to require cable operators offering channels whose
        reception requires a converter box - 
            (i) to notify subscribers that they may be unable to
          benefit from the special functions of their television
          receivers and video cassette recorders, including functions
          that permit subscribers - 
              (I) to watch a program on one channel while
            simultaneously using a video cassette recorder to tape a
            program on another channel;
              (II) to use a video cassette recorder to tape two
            consecutive programs that appear on different channels; and
              (III) to use advanced television picture generation and
            display features; and

            (ii) to the extent technically and economically feasible,
          to offer subscribers the option of having all other channels
          delivered directly to the subscribers' television receivers
          or video cassette recorders without passing through the
          converter box;

          (C) to promote the commercial availability, from cable
        operators and retail vendors that are not affiliated with cable
        systems, of converter boxes and of remote control devices
        compatible with converter boxes;
          (D) to ensure that any standards or regulations developed
        under the authority of this section to ensure compatibility
        between televisions, video cassette recorders, and cable
        systems do not affect features, functions, protocols, and other
        product and service options other than those specified in
        paragraph (1)(B), including telecommunications interface
        equipment, home automation communications, and computer network
        services;
          (E) to require a cable operator who offers subscribers the
        option of renting a remote control unit - 
            (i) to notify subscribers that they may purchase a
          commercially available remote control device from any source
          that sells such devices rather than renting it from the cable
          operator; and
            (ii) to specify the types of remote control units that are
          compatible with the converter box supplied by the cable
          operator; and

          (F) to prohibit a cable operator from taking any action that
        prevents or in any way disables the converter box supplied by
        the cable operator from operating compatibly with commercially
        available remote control units.
    (d) Review of regulations
      The Commission shall periodically review and, if necessary,
    modify the regulations issued pursuant to this section in light of
    any actions taken in response to such regulations and to reflect
    improvements and changes in cable systems, television receivers,
    video cassette recorders, and similar technology.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 624A, as added Pub. L. 102-
    385, Sec. 17, Oct. 5, 1992, 106 Stat. 1491; amended Pub. L. 104-
    104, title III, Sec. 301(f), Feb. 8, 1996, 110 Stat. 116.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(4). Pub. L. 104-104, Sec. 301(f)(1), added
    par. (4).
      Subsec. (c)(1)(A) to (C). Pub. L. 104-104, Sec. 301(f)(2), added
    subpar. (A) and redesignated former subpars. (A) and (B) as (B) and
    (C), respectively.
      Subsec. (c)(2)(D) to (F). Pub. L. 104-104, Sec. 301(f)(3), added
    subpar. (D) and redesignated former subpars. (D) and (E) as (E) and
    (F), respectively.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 5, 1992, see section 28 of
    Pub. L. 102-385, set out as an Effective Date of 1992 Amendment
    note under section 325 of this title.

-End-

-CITE-
    47 USC Sec. 545                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 545. Modification of franchise obligations

-STATUTE-
    (a) Grounds for modification by franchising authority; public
      proceeding; time of decision
      (1) During the period a franchise is in effect, the cable
    operator may obtain from the franchising authority modifications of
    the requirements in such franchise - 
        (A) in the case of any such requirement for facilities or
      equipment, including public, educational, or governmental access
      facilities or equipment, if the cable operator demonstrates that
      (i) it is commercially impracticable for the operator to comply
      with such requirement, and (ii) the proposal by the cable
      operator for modification of such requirement is appropriate
      because of commercial impracticability; or
        (B) in the case of any such requirement for services, if the
      cable operator demonstrates that the mix, quality, and level of
      services required by the franchise at the time it was granted
      will be maintained after such modification.

      (2) Any final decision by a franchising authority under this
    subsection shall be made in a public proceeding. Such decision
    shall be made within 120 days after receipt of such request by the
    franchising authority, unless such 120 day period is extended by
    mutual agreement of the cable operator and the franchising
    authority.
    (b) Judicial proceedings; grounds for modification by court
      (1) Any cable operator whose request for modification under
    subsection (a) of this section has been denied by a final decision
    of a franchising authority may obtain modification of such
    franchise requirements pursuant to the provisions of section 555 of
    this title.
      (2) In the case of any proposed modification of a requirement for
    facilities or equipment, the court shall grant such modification
    only if the cable operator demonstrates to the court that - 
        (A) it is commercially impracticable for the operator to comply
      with such requirement; and
        (B) the terms of the modification requested are appropriate
      because of commercial impracticability.

      (3) In the case of any proposed modification of a requirement for
    services, the court shall grant such modification only if the cable
    operator demonstrates to the court that the mix, quality, and level
    of services required by the franchise at the time it was granted
    will be maintained after such modification.
    (c) Rearrangement, replacement, or removal of service
      Notwithstanding subsections (a) and (b) of this section, a cable
    operator may, upon 30 days' advance notice to the franchising
    authority, rearrange, replace, or remove a particular cable service
    required by the franchise if - 
        (1) such service is no longer available to the operator; or
        (2) such service is available to the operator only upon the
      payment of a royalty required under section 801(b)(2) of title
      17, which the cable operator can document - 
          (A) is substantially in excess of the amount of such payment
        required on the date of the operator's offer to provide such
        service, and
          (B) has not been specifically compensated for through a rate
        increase or other adjustment.
    (d) Rearrangement of particular services from one service tier to
      another or other offering of service
      Notwithstanding subsections (a) and (b) of this section, a cable
    operator may take such actions to rearrange a particular service
    from one service tier to another, or otherwise offer the service,
    if the rates for all of the service tiers involved in such actions
    are not subject to regulation under section 543 of this title.
    (e) Requirements for services relating to public, educational, or
      governmental access
      A cable operator may not obtain modification under this section
    of any requirement for services relating to public, educational, or
    governmental access.
    (f) "Commercially impracticable" defined
      For purposes of this section, the term "commercially
    impracticable" means, with respect to any requirement applicable to
    a cable operator, that it is commercially impracticable for the
    operator to comply with such requirement as a result of a change in
    conditions which is beyond the control of the operator and the
    nonoccurrence of which was a basic assumption on which the
    requirement was based.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 625, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2790.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 546                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 546. Renewal

-STATUTE-
    (a) Commencement of proceedings; public notice and participation
      (1) A franchising authority may, on its own initiative during the
    6-month period which begins with the 36th month before the
    franchise expiration, commence a proceeding which affords the
    public in the franchise area appropriate notice and participation
    for the purpose of (A) identifying the future cable-related
    community needs and interests, and (B) reviewing the performance of
    the cable operator under the franchise during the then current
    franchise term. If the cable operator submits, during such 6-month
    period, a written renewal notice requesting the commencement of
    such a proceeding, the franchising authority shall commence such a
    proceeding not later than 6 months after the date such notice is
    submitted.
      (2) The cable operator may not invoke the renewal procedures set
    forth in subsections (b) through (g) of this section unless - 
        (A) such a proceeding is requested by the cable operator by
      timely submission of such notice; or
        (B) such a proceeding is commenced by the franchising authority
      on its own initiative.
    (b) Submission of renewal proposals; contents; time
      (1) Upon completion of a proceeding under subsection (a) of this
    section, a cable operator seeking renewal of a franchise may, on
    its own initiative or at the request of a franchising authority,
    submit a proposal for renewal.
      (2) Subject to section 544 of this title, any such proposal shall
    contain such material as the franchising authority may require,
    including proposals for an upgrade of the cable system.
      (3) The franchising authority may establish a date by which such
    proposal shall be submitted.
    (c) Notice of proposal; renewal; preliminary assessment of
      nonrenewal; administrative review; issues; notice and opportunity
      for hearing; transcript; written decision
      (1) Upon submittal by a cable operator of a proposal to the
    franchising authority for the renewal of a franchise pursuant to
    subsection (b) of this section, the franchising authority shall
    provide prompt public notice of such proposal and, during the 4-
    month period which begins on the date of the submission of the
    cable operator's proposal pursuant to subsection (b) of this
    section, renew the franchise or, issue a preliminary assessment
    that the franchise should not be renewed and, at the request of the
    operator or on its own initiative, commence an administrative
    proceeding, after providing prompt public notice of such
    proceeding, in accordance with paragraph (2) to consider whether - 
        (A) the cable operator has substantially complied with the
      material terms of the existing franchise and with applicable law;
        (B) the quality of the operator's service, including signal
      quality, response to consumer complaints, and billing practices,
      but without regard to the mix or quality of cable services or
      other services provided over the system, has been reasonable in
      light of community needs;
        (C) the operator has the financial, legal, and technical
      ability to provide the services, facilities, and equipment as set
      forth in the operator's proposal; and
        (D) the operator's proposal is reasonable to meet the future
      cable-related community needs and interests, taking into account
      the cost of meeting such needs and interests.

      (2) In any proceeding under paragraph (1), the cable operator
    shall be afforded adequate notice and the cable operator and the
    franchise authority, or its designee, shall be afforded fair
    opportunity for full participation, including the right to
    introduce evidence (including evidence related to issues raised in
    the proceeding under subsection (a) of this section), to require
    the production of evidence, and to question witnesses. A transcript
    shall be made of any such proceeding.
      (3) At the completion of a proceeding under this subsection, the
    franchising authority shall issue a written decision granting or
    denying the proposal for renewal based upon the record of such
    proceeding, and transmit a copy of such decision to the cable
    operator. Such decision shall state the reasons therefor.
    (d) Basis for denial
      Any denial of a proposal for renewal that has been submitted in
    compliance with subsection (b) of this section shall be based on
    one or more adverse findings made with respect to the factors
    described in subparagraphs (A) through (D) of subsection (c)(1) of
    this section, pursuant to the record of the proceeding under
    subsection (c) of this section. A franchising authority may not
    base a denial of renewal on a failure to substantially comply with
    the material terms of the franchise under subsection (c)(1)(A) of
    this section or on events considered under subsection (c)(1)(B) of
    this section in any case in which a violation of the franchise or
    the events considered under subsection (c)(1)(B) of this section
    occur after the effective date of this subchapter unless the
    franchising authority has provided the operator with notice and the
    opportunity to cure, or in any case in which it is documented that
    the franchising authority has waived its right to object, or the
    cable operator gives written notice of a failure or inability to
    cure and the franchising authority fails to object within a
    reasonable time after receipt of such notice.
    (e) Judicial review; grounds for relief
      (1) Any cable operator whose proposal for renewal has been denied
    by a final decision of a franchising authority made pursuant to
    this section, or has been adversely affected by a failure of the
    franchising authority to act in accordance with the procedural
    requirements of this section, may appeal such final decision or
    failure pursuant to the provisions of section 555 of this title.
      (2) The court shall grant appropriate relief if the court finds
    that - 
        (A) any action of the franchising authority, other than
      harmless error, is not in compliance with the procedural
      requirements of this section; or
        (B) in the event of a final decision of the franchising
      authority denying the renewal proposal, the operator has
      demonstrated that the adverse finding of the franchising
      authority with respect to each of the factors described in
      subparagraphs (A) through (D) of subsection (c)(1) of this
      section on which the denial is based is not supported by a
      preponderance of the evidence, based on the record of the
      proceeding conducted under subsection (c) of this section.
    (f) Finality of administrative decision
      Any decision of a franchising authority on a proposal for renewal
    shall not be considered final unless all administrative review by
    the State has occurred or the opportunity therefor has lapsed.
    (g) "Franchise expiration" defined
      For purposes of this section, the term "franchise expiration"
    means the date of the expiration of the term of the franchise, as
    provided under the franchise, as it was in effect on October 30,
    1984.
    (h) Alternative renewal procedures
      Notwithstanding the provisions of subsections (a) through (g) of
    this section, a cable operator may submit a proposal for the
    renewal of a franchise pursuant to this subsection at any time, and
    a franchising authority may, after affording the public adequate
    notice and opportunity for comment, grant or deny such proposal at
    any time (including after proceedings pursuant to this section have
    commenced). The provisions of subsections (a) through (g) of this
    section shall not apply to a decision to grant or deny a proposal
    under this subsection. The denial of a renewal pursuant to this
    subsection shall not affect action on a renewal proposal that is
    submitted in accordance with subsections (a) through (g) of this
    section.
    (i) Effect of renewal procedures upon action to revoke franchise
      for cause
      Notwithstanding the provisions of subsections (a) through (h) of
    this section, any lawful action to revoke a cable operator's
    franchise for cause shall not be negated by the subsequent
    initiation of renewal proceedings by the cable operator under this
    section.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 626, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2791; amended Pub. L. 102-
    385, Sec. 18, Oct. 5, 1992, 106 Stat. 1493.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For "the effective date of this subchapter", referred to in
    subsec. (d), as 60 days after Oct. 30, 1984, except where otherwise
    expressly provided, see section 9(a) of Pub. L. 98-549, set out as
    an Effective Date note under section 521 of this title.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-385, Sec. 18(a), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "During the 6-month period which begins with the 36th month before
    the franchise expiration, the franchising authority may on its own
    initiative, and shall at the request of the cable operator,
    commence proceedings which afford the public in the franchise area
    appropriate notice and participation for the purpose of - 
        "(1) identifying the future cable-related community needs and
      interests; and
        "(2) reviewing the performance of the cable operator under the
      franchise during the then current franchise term."
      Subsec. (c)(1). Pub. L. 102-385, Sec. 18(b), inserted "pursuant
    to subsection (b) of this section" after "renewal of a franchise"
    and substituted "date of the submission of the cable operator's
    proposal pursuant to subsection (b) of this section" for
    "completion of any proceedings under subsection (a) of this
    section".
      Subsec. (c)(1)(B). Pub. L. 102-385, Sec. 18(c), substituted "mix
    or quality" for "mix, quality, or level".
      Subsec. (d). Pub. L. 102-385, Sec. 18(d), inserted "that has been
    submitted in compliance with subsection (b) of this section" after
    "Any denial of a proposal for renewal" and substituted "or the
    cable operator gives written notice of a failure or inability to
    cure and the franchising authority fails to object within a
    reasonable time after receipt of such notice" for "or has
    effectively acquiesced".
      Subsec. (e)(2)(A). Pub. L. 102-385, Sec. 18(e), inserted ", other
    than harmless error," after "franchising authority".
      Subsec. (i). Pub. L. 102-385, Sec. 18(f), added subsec. (i).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 547                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 547. Conditions of sale

-STATUTE-
      (a) If a renewal of a franchise held by a cable operator is
    denied and the franchising authority acquires ownership of the
    cable system or effects a transfer of ownership of the system to
    another person, any such acquisition or transfer shall be - 
        (1) at fair market value, determined on the basis of the cable
      system valued as a going concern but with no value allocated to
      the franchise itself, or
        (2) in the case of any franchise existing on the effective date
      of this subchapter, at a price determined in accordance with the
      franchise if such franchise contains provisions applicable to
      such an acquisition or transfer.

      (b) If a franchise held by a cable operator is revoked for cause
    and the franchising authority acquires ownership of the cable
    system or effects a transfer of ownership of the system to another
    person, any such acquisition or transfer shall be - 
        (1) at an equitable price, or
        (2) in the case of any franchise existing on the effective date
      of this subchapter, at a price determined in accordance with the
      franchise if such franchise contains provisions applicable to
      such an acquisition or transfer.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 627, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2793.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For "the effective date of this subchapter", referred to in
    subsecs. (a)(2) and (b)(2), as 60 days after Oct. 30, 1984, except
    where otherwise expressly provided, see section 9(a) of Pub. L. 98-
    549, set out as an Effective Date note under section 521 of this
    title.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 548                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 548. Development of competition and diversity in video
      programming distribution

-STATUTE-
    (a) Purpose
      The purpose of this section is to promote the public interest,
    convenience, and necessity by increasing competition and diversity
    in the multichannel video programming market, to increase the
    availability of satellite cable programming and satellite broadcast
    programming to persons in rural and other areas not currently able
    to receive such programming, and to spur the development of
    communications technologies.
    (b) Prohibition
      It shall be unlawful for a cable operator, a satellite cable
    programming vendor in which a cable operator has an attributable
    interest, or a satellite broadcast programming vendor to engage in
    unfair methods of competition or unfair or deceptive acts or
    practices, the purpose or effect of which is to hinder
    significantly or to prevent any multichannel video programming
    distributor from providing satellite cable programming or satellite
    broadcast programming to subscribers or consumers.
    (c) Regulations required
      (1) Proceeding required
        Within 180 days after October 5, 1992, the Commission shall, in
      order to promote the public interest, convenience, and necessity
      by increasing competition and diversity in the multichannel video
      programming market and the continuing development of
      communications technologies, prescribe regulations to specify
      particular conduct that is prohibited by subsection (b) of this
      section.
      (2) Minimum contents of regulations
        The regulations to be promulgated under this section shall - 
          (A) establish effective safeguards to prevent a cable
        operator which has an attributable interest in a satellite
        cable programming vendor or a satellite broadcast programming
        vendor from unduly or improperly influencing the decision of
        such vendor to sell, or the prices, terms, and conditions of
        sale of, satellite cable programming or satellite broadcast
        programming to any unaffiliated multichannel video programming
        distributor;
          (B) prohibit discrimination by a satellite cable programming
        vendor in which a cable operator has an attributable interest
        or by a satellite broadcast programming vendor in the prices,
        terms, and conditions of sale or delivery of satellite cable
        programming or satellite broadcast programming among or between
        cable systems, cable operators, or other multichannel video
        programming distributors, or their agents or buying groups;
        except that such a satellite cable programming vendor in which
        a cable operator has an attributable interest or such a
        satellite broadcast programming vendor shall not be prohibited
        from - 
            (i) imposing reasonable requirements for creditworthiness,
          offering of service, and financial stability and standards
          regarding character and technical quality;
            (ii) establishing different prices, terms, and conditions
          to take into account actual and reasonable differences in the
          cost of creation, sale, delivery, or transmission of
          satellite cable programming or satellite broadcast
          programming;
            (iii) establishing different prices, terms, and conditions
          which take into account economies of scale, cost savings, or
          other direct and legitimate economic benefits reasonably
          attributable to the number of subscribers served by the
          distributor; or
            (iv) entering into an exclusive contract that is permitted
          under subparagraph (D);

          (C) prohibit practices, understandings, arrangements, and
        activities, including exclusive contracts for satellite cable
        programming or satellite broadcast programming between a cable
        operator and a satellite cable programming vendor or satellite
        broadcast programming vendor, that prevent a multichannel video
        programming distributor from obtaining such programming from
        any satellite cable programming vendor in which a cable
        operator has an attributable interest or any satellite
        broadcast programming vendor in which a cable operator has an
        attributable interest for distribution to persons in areas not
        served by a cable operator as of October 5, 1992; and
          (D) with respect to distribution to persons in areas served
        by a cable operator, prohibit exclusive contracts for satellite
        cable programming or satellite broadcast programming between a
        cable operator and a satellite cable programming vendor in
        which a cable operator has an attributable interest or a
        satellite broadcast programming vendor in which a cable
        operator has an attributable interest, unless the Commission
        determines (in accordance with paragraph (4)) that such
        contract is in the public interest.
      (3) Limitations
        (A) Geographic limitations
          Nothing in this section shall require any person who is
        engaged in the national or regional distribution of video
        programming to make such programming available in any
        geographic area beyond which such programming has been
        authorized or licensed for distribution.
        (B) Applicability to satellite retransmissions
          Nothing in this section shall apply (i) to the signal of any
        broadcast affiliate of a national television network or other
        television signal that is retransmitted by satellite but that
        is not satellite broadcast programming, or (ii) to any internal
        satellite communication of any broadcast network or cable
        network that is not satellite broadcast programming.
      (4) Public interest determinations on exclusive contracts
        In determining whether an exclusive contract is in the public
      interest for purposes of paragraph (2)(D), the Commission shall
      consider each of the following factors with respect to the effect
      of such contract on the distribution of video programming in
      areas that are served by a cable operator:
          (A) the effect of such exclusive contract on the development
        of competition in local and national multichannel video
        programming distribution markets;
          (B) the effect of such exclusive contract on competition from
        multichannel video programming distribution technologies other
        than cable;
          (C) the effect of such exclusive contract on the attraction
        of capital investment in the production and distribution of new
        satellite cable programming;
          (D) the effect of such exclusive contract on diversity of
        programming in the multichannel video programming distribution
        market; and
          (E) the duration of the exclusive contract.
      (5) Sunset provision
        The prohibition required by paragraph (2)(D) shall cease to be
      effective 10 years after October 5, 1992, unless the Commission
      finds, in a proceeding conducted during the last year of such 10-
      year period, that such prohibition continues to be necessary to
      preserve and protect competition and diversity in the
      distribution of video programming.
    (d) Adjudicatory proceeding
      Any multichannel video programming distributor aggrieved by
    conduct that it alleges constitutes a violation of subsection (b)
    of this section, or the regulations of the Commission under
    subsection (c) of this section, may commence an adjudicatory
    proceeding at the Commission.
    (e) Remedies for violations
      (1) Remedies authorized
        Upon completion of such adjudicatory proceeding, the Commission
      shall have the power to order appropriate remedies, including, if
      necessary, the power to establish prices, terms, and conditions
      of sale of programming to the aggrieved multichannel video
      programming distributor.
      (2) Additional remedies
        The remedies provided in paragraph (1) are in addition to and
      not in lieu of the remedies available under subchapter V of this
      chapter or any other provision of this chapter.
    (f) Procedures
      The Commission shall prescribe regulations to implement this
    section. The Commission's regulations shall - 
        (1) provide for an expedited review of any complaints made
      pursuant to this section;
        (2) establish procedures for the Commission to collect such
      data, including the right to obtain copies of all contracts and
      documents reflecting arrangements and understandings alleged to
      violate this section, as the Commission requires to carry out
      this section; and
        (3) provide for penalties to be assessed against any person
      filing a frivolous complaint pursuant to this section.
    (g) Reports
      The Commission shall, beginning not later than 18 months after
    promulgation of the regulations required by subsection (c) of this
    section, annually report to Congress on the status of competition
    in the market for the delivery of video programming.
    (h) Exemptions for prior contracts
      (1) In general
        Nothing in this section shall affect any contract that grants
      exclusive distribution rights to any person with respect to
      satellite cable programming and that was entered into on or
      before June 1, 1990, except that the provisions of subsection
      (c)(2)(C) of this section shall apply for distribution to persons
      in areas not served by a cable operator.
      (2) Limitation on renewals
        A contract that was entered into on or before June 1, 1990, but
      that is renewed or extended after October 5, 1992, shall not be
      exempt under paragraph (1).
    (i) Definitions
      As used in this section:
        (1) The term "satellite cable programming" has the meaning
      provided under section 605 of this title, except that such term
      does not include satellite broadcast programming.
        (2) The term "satellite cable programming vendor" means a
      person engaged in the production, creation, or wholesale
      distribution for sale of satellite cable programming, but does
      not include a satellite broadcast programming vendor.
        (3) The term "satellite broadcast programming" means broadcast
      video programming when such programming is retransmitted by
      satellite and the entity retransmitting such programming is not
      the broadcaster or an entity performing such retransmission on
      behalf of and with the specific consent of the broadcaster.
        (4) The term "satellite broadcast programming vendor" means a
      fixed service satellite carrier that provides service pursuant to
      section 119 of title 17 with respect to satellite broadcast
      programming.
    (j) Common carriers
      Any provision that applies to a cable operator under this section
    shall apply to a common carrier or its affiliate that provides
    video programming by any means directly to subscribers. Any such
    provision that applies to a satellite cable programming vendor in
    which a cable operator has an attributable interest shall apply to
    any satellite cable programming vendor in which such common carrier
    has an attributable interest. For the purposes of this subsection,
    two or fewer common officers or directors shall not by itself
    establish an attributable interest by a common carrier in a
    satellite cable programming vendor (or its parent company).

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 628, as added Pub. L. 102-
    385, Sec. 19, Oct. 5, 1992, 106 Stat. 1494; amended Pub. L. 104-
    104, title III, Sec. 301(h), Feb. 8, 1996, 110 Stat. 117.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (j). Pub. L. 104-104 added subsec. (j).

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 5, 1992, see section 28 of
    Pub. L. 102-385, set out as an Effective Date of 1992 Amendment
    note under section 325 of this title.

-End-

-CITE-
    47 USC Sec. 549                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part III - Franchising and Regulation

-HEAD-
    Sec. 549. Competitive availability of navigation devices

-STATUTE-
    (a) Commercial consumer availability of equipment used to access
      services provided by multichannel video programming distributors
      The Commission shall, in consultation with appropriate industry
    standard-setting organizations, adopt regulations to assure the
    commercial availability, to consumers of multichannel video
    programming and other services offered over multichannel video
    programming systems, of converter boxes, interactive communications
    equipment, and other equipment used by consumers to access
    multichannel video programming and other services offered over
    multichannel video programming systems, from manufacturers,
    retailers, and other vendors not affiliated with any multichannel
    video programming distributor. Such regulations shall not prohibit
    any multichannel video programming distributor from also offering
    converter boxes, interactive communications equipment, and other
    equipment used by consumers to access multichannel video
    programming and other services offered over multichannel video
    programming systems, to consumers, if the system operator's charges
    to consumers for such devices and equipment are separately stated
    and not subsidized by charges for any such service.
    (b) Protection of system security
      The Commission shall not prescribe regulations under subsection
    (a) of this section which would jeopardize security of multichannel
    video programming and other services offered over multichannel
    video programming systems, or impede the legal rights of a provider
    of such services to prevent theft of service.
    (c) Waiver
      The Commission shall waive a regulation adopted under subsection
    (a) of this section for a limited time upon an appropriate showing
    by a provider of multichannel video programming and other services
    offered over multichannel video programming systems, or an
    equipment provider, that such waiver is necessary to assist the
    development or introduction of a new or improved multichannel video
    programming or other service offered over multichannel video
    programming systems, technology, or products. Upon an appropriate
    showing, the Commission shall grant any such waiver request within
    90 days of any application filed under this subsection, and such
    waiver shall be effective for all service providers and products in
    that category and for all providers of services and products.
    (d) Avoidance of redundant regulations
      (1) Commercial availability determinations
        Determinations made or regulations prescribed by the Commission
      with respect to commercial availability to consumers of converter
      boxes, interactive communications equipment, and other equipment
      used by consumers to access multichannel video programming and
      other services offered over multichannel video programming
      systems, before February 8, 1996, shall fulfill the requirements
      of this section.
      (2) Regulations
        Nothing in this section affects section 64.702(e) of the
      Commission's regulations (47 C.F.R. 64.702(e)) or other
      Commission regulations governing interconnection and competitive
      provision of customer premises equipment used in connection with
      basic common carrier communications services.
    (e) Sunset
      The regulations adopted under this section shall cease to apply
    when the Commission determines that - 
        (1) the market for the multichannel video programming
      distributors is fully competitive;
        (2) the market for converter boxes, and interactive
      communications equipment, used in conjunction with that service
      is fully competitive; and
        (3) elimination of the regulations would promote competition
      and the public interest.
    (f) Commission's authority
      Nothing in this section shall be construed as expanding or
    limiting any authority that the Commission may have under law in
    effect before February 8, 1996.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 629, as added Pub. L. 104-
    104, title III, Sec. 304, Feb. 8, 1996, 110 Stat. 125.)

-End-

-CITE-
    47 USC Part IV - Miscellaneous Provisions                   01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
                    PART IV - MISCELLANEOUS PROVISIONS                

-End-

-CITE-
    47 USC Sec. 551                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 551. Protection of subscriber privacy

-STATUTE-
    (a) Notice to subscriber regarding personally identifiable
      information; definitions
      (1) At the time of entering into an agreement to provide any
    cable service or other service to a subscriber and at least once a
    year thereafter, a cable operator shall provide notice in the form
    of a separate, written statement to such subscriber which clearly
    and conspicuously informs the subscriber of - 
        (A) the nature of personally identifiable information collected
      or to be collected with respect to the subscriber and the nature
      of the use of such information;
        (B) the nature, frequency, and purpose of any disclosure which
      may be made of such information, including an identification of
      the types of persons to whom the disclosure may be made;
        (C) the period during which such information will be maintained
      by the cable operator;
        (D) the times and place at which the subscriber may have access
      to such information in accordance with subsection (d) of this
      section; and
        (E) the limitations provided by this section with respect to
      the collection and disclosure of information by a cable operator
      and the right of the subscriber under subsections (f) and (h) of
      this section to enforce such limitations.

    In the case of subscribers who have entered into such an agreement
    before the effective date of this section, such notice shall be
    provided within 180 days of such date and at least once a year
    thereafter.
      (2) For purposes of this section, other than subsection (h) of
    this section - 
        (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
      cable operator that are used in the provision of cable service;
      and
        (C) the term "cable operator" includes, in addition to persons
      within the definition of cable operator in section 522 of this
      title, any person who (i) is owned or controlled by, or under
      common ownership or control with, a cable operator, and (ii)
      provides any wire or radio communications service.
    (b) Collection of personally identifiable information using cable
      system
      (1) Except as provided in paragraph (2), a cable operator shall
    not use the cable system to collect personally identifiable
    information concerning any subscriber without the prior written or
    electronic consent of the subscriber concerned.
      (2) A cable operator may use the cable system to collect such
    information in order to - 
        (A) obtain information necessary to render a cable service or
      other service provided by the cable operator to the subscriber;
      or
        (B) detect unauthorized reception of cable communications.
    (c) Disclosure of personally identifiable information
      (1) Except as provided in paragraph (2), a cable operator shall
    not disclose personally identifiable information concerning any
    subscriber without the prior written or electronic consent of the
    subscriber concerned and shall take such actions as are necessary
    to prevent unauthorized access to such information by a person
    other than the subscriber or cable operator.
      (2) A cable operator may disclose such information if the
    disclosure is - 
        (A) necessary to render, or conduct a legitimate business
      activity related to, a cable service or other service provided by
      the cable operator to the subscriber;
        (B) subject to subsection (h) of this section, made pursuant to
      a court order authorizing such disclosure, if the subscriber is
      notified of such order by the person to whom the order is
      directed;
        (C) a disclosure of the names and addresses of subscribers to
      any cable service or other service, if - 
          (i) the cable operator has provided the subscriber the
        opportunity to prohibit or limit such disclosure, and
          (ii) the disclosure does not reveal, directly or indirectly,
        the - 
            (I) extent of any viewing or other use by the subscriber of
          a cable service or other service provided by the cable
          operator, or
            (II) the nature of any transaction made by the subscriber
          over the cable system of the cable operator; or

        (D) to a government entity as authorized under chapters 119,
      121, or 206 of title 18, except that such disclosure shall not
      include records revealing cable subscriber selection of video
      programming from a cable operator.
    (d) Subscriber access to information
      A cable subscriber shall be provided access to all personally
    identifiable information regarding that subscriber which is
    collected and maintained by a cable operator. Such information
    shall be made available to the subscriber at reasonable times and
    at a convenient place designated by such cable operator. A cable
    subscriber shall be provided reasonable opportunity to correct any
    error in such information.
    (e) Destruction of information
      A cable operator shall destroy personally identifiable
    information if the information is no longer necessary for the
    purpose for which it was collected and there are no pending
    requests or orders for access to such information under subsection
    (d) of this section or pursuant to a court order.
    (f) Civil action in United States district court; damages;
      attorney's fees and costs; nonexclusive nature of remedy
      (1) Any person aggrieved by any act of a cable operator in
    violation of this section may bring a civil action in a United
    States district court.
      (2) The court may award - 
        (A) actual damages but not less than liquidated damages
      computed at the rate of $100 a day for each day of violation or
      $1,000, whichever is higher;
        (B) punitive damages; and
        (C) reasonable attorneys' fees and other litigation costs
      reasonably incurred.

      (3) The remedy provided by this section shall be in addition to
    any other lawful remedy available to a cable subscriber.
    (g) Regulation by States or franchising authorities
      Nothing in this subchapter shall be construed to prohibit any
    State or any franchising authority from enacting or enforcing laws
    consistent with this section for the protection of subscriber
    privacy.
    (h) Disclosure of information to governmental entity pursuant to
      court order
      Except as provided in subsection (c)(2)(D) of this section, a
    governmental entity may obtain personally identifiable information
    concerning a cable subscriber pursuant to a court order only if, in
    the court proceeding relevant to such court order - 
        (1) such entity offers clear and convincing evidence that the
      subject of the information is reasonably suspected of engaging in
      criminal activity and that the information sought would be
      material evidence in the case; and
        (2) the subject of the information is afforded the opportunity
      to appear and contest such entity's claim.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 631, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2794; amended Pub. L. 102-
    385, Sec. 20, Oct. 5, 1992, 106 Stat. 1497; Pub. L. 107-56, title
    II, Sec. 211, Oct. 26, 2001, 115 Stat. 283.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For "the effective date of this section", referred to in subsec.
    (a)(1), as 60 days after Oct. 30, 1984, except where otherwise
    expressly provided, see section 9(a) of Pub. L. 98-549, set out as
    an Effective Date note under section 521 of this title.

-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (c)(2)(D). Pub. L. 107-56, Sec. 211(1), added
    subpar. (D).
      Subsec. (h). Pub. L. 107-56, Sec. 211(2), substituted "Except as
    provided in subsection (c)(2)(D) of this section, a governmental
    entity" for "A governmental entity" in introductory provisions.
      1992 - Subsec. (a)(2). Pub. L. 102-385, Sec. 20(a), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "For
    purposes of this section, the term 'personally identifiable
    information' does not include any record of aggregate data which
    does not identify particular persons."
      Subsec. (c)(1). Pub. L. 102-385, Sec. 20(b), inserted before
    period at end "and shall take such actions as are necessary to
    prevent unauthorized access to such information by a person other
    than the subscriber or cable operator".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 552                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 552. Consumer protection and customer service

-STATUTE-
    (a) Franchising authority enforcement
      A franchising authority may establish and enforce - 
        (1) customer service requirements of the cable operator; and
        (2) construction schedules and other construction-related
      requirements, including construction-related performance
      requirements, of the cable operator.
    (b) Commission standards
      The Commission shall, within 180 days of October 5, 1992,
    establish standards by which cable operators may fulfill their
    customer service requirements. Such standards shall include, at a
    minimum, requirements governing - 
        (1) cable system office hours and telephone availability;
        (2) installations, outages, and service calls; and
        (3) communications between the cable operator and the
      subscriber (including standards governing bills and refunds).
    (c) Subscriber notice
      A cable operator may provide notice of service and rate changes
    to subscribers using any reasonable written means at its sole
    discretion. Notwithstanding section 543(b)(6) of this title or any
    other provision of this chapter, a cable operator shall not be
    required to provide prior notice of any rate change that is the
    result of a regulatory fee, franchise fee, or any other fee, tax,
    assessment, or charge of any kind imposed by any Federal agency,
    State, or franchising authority on the transaction between the
    operator and the subscriber.
    (d) Consumer protection laws and customer service agreements
      (1) Consumer protection laws
        Nothing in this subchapter shall be construed to prohibit any
      State or any franchising authority from enacting or enforcing any
      consumer protection law, to the extent not specifically preempted
      by this subchapter.
      (2) Customer service requirement agreements
        Nothing in this section shall be construed to preclude a
      franchising authority and a cable operator from agreeing to
      customer service requirements that exceed the standards
      established by the Commission under subsection (b) of this
      section. Nothing in this subchapter shall be construed to prevent
      the establishment or enforcement of any municipal law or
      regulation, or any State law, concerning customer service that
      imposes customer service requirements that exceed the standards
      set by the Commission under this section, or that addresses
      matters not addressed by the standards set by the Commission
      under this section.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 632, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2796; amended Pub. L. 102-
    385, Sec. 8, Oct. 5, 1992, 106 Stat. 1484; Pub. L. 104-104, title
    III, Sec. 301(g), Feb. 8, 1996, 110 Stat. 117.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsecs. (c), (d). Pub. L. 104-104 added subsec. (c) and
    redesignated former subsec. (c) as (d).
      1992 - Pub. L. 102-385 amended section generally. Prior to
    amendment, section read as follows:
      "(a) A franchising authority may require, as part of a franchise
    (including a franchise renewal, subject to section 546 of this
    title), provisions for enforcement of - 
        "(1) customer service requirements of the cable operator; and
        "(2) construction schedules and other construction-related
      requirements of the cable operator.
      "(b) A franchising authority may enforce any provision, contained
    in any franchise, relating to requirements described in paragraph
    (1) or (2) of subsection (a) of this section, to the extent not
    inconsistent with this subchapter.
      "(c) Nothing in this subchapter shall be construed to prohibit
    any State or any franchising authority from enacting or enforcing
    any consumer protection law, to the extent not inconsistent with
    this subchapter."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 553                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 553. Unauthorized reception of cable service

-STATUTE-
    (a) Unauthorized interception or receipt or assistance in
      intercepting or receiving service; "assist in intercepting or
      receiving" defined
      (1) No person shall intercept or receive or assist in
    intercepting or receiving any communications service offered over a
    cable system, unless specifically authorized to do so by a cable
    operator or as may otherwise be specifically authorized by law.
      (2) For the purpose of this section, the term "assist in
    intercepting or receiving" shall include the manufacture or
    distribution of equipment intended by the manufacturer or
    distributor (as the case may be) for unauthorized reception of any
    communications service offered over a cable system in violation of
    subparagraph (1).
    (b) Penalties for willful violation
      (1) Any person who willfully violates subsection (a)(1) of this
    section shall be fined not more than $1,000 or imprisoned for not
    more than 6 months, or both.
      (2) Any person who violates subsection (a)(1) of this section
    willfully and for purposes of commercial advantage or private
    financial gain shall be fined not more than $50,000 or imprisoned
    for not more than 2 years, or both, for the first such offense and
    shall be fined not more than $100,000 or imprisoned for not more
    than 5 years, or both, for any subsequent offense.
      (3) For purposes of all penalties and remedies established for
    violations of subsection (a)(1) of this section, the prohibited
    activity established herein as it applies to each such device shall
    be deemed a separate violation.
    (c) Civil action in district court; injunctions; damages;
      attorney's fees and costs; regulation by States or franchising
      authorities
      (1) Any person aggrieved by any violation of subsection (a)(1) of
    this section may bring a civil action in a United States district
    court or in any other court of competent jurisdiction.
      (2) The court may - 
        (A) grant temporary and final injunctions on such terms as it
      may deem reasonable to prevent or restrain violations of
      subsection (a)(1) of this section;
        (B) award damages as described in paragraph (3); and
        (C) direct the recovery of full costs, including awarding
      reasonable attorneys' fees to an aggrieved party who prevails.

      (3)(A) Damages awarded by any court under this section shall be
    computed in accordance with either of the following clauses:
        (i) the party aggrieved may recover the actual damages suffered
      by him as a result of the violation and any profits of the
      violator that are attributable to the violation which are not
      taken into account in computing the actual damages; in
      determining the violator's profits, the party aggrieved shall be
      required to prove only the violator's gross revenue, and the
      violator shall be required to prove his deductible expenses and
      the elements of profit attributable to factors other than the
      violation; or
        (ii) the party aggrieved may recover an award of statutory
      damages for all violations involved in the action, in a sum of
      not less than $250 or more than $10,000 as the court considers
      just.

      (B) In any case in which the court finds that the violation was
    committed willfully and for purposes of commercial advantage or
    private financial gain, the court in its discretion may increase
    the award of damages, whether actual or statutory under
    subparagraph (A), by an amount of not more than $50,000.
      (C) In any case where the court finds that the violator was not
    aware and had no reason to believe that his acts constituted a
    violation of this section, the court in its discretion may reduce
    the award of damages to a sum of not less than $100.
      (D) Nothing in this subchapter shall prevent any State or
    franchising authority from enacting or enforcing laws, consistent
    with this section, regarding the unauthorized interception or
    reception of any cable service or other communications service.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 633, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2796; amended Pub. L. 102-
    385, Sec. 21, Oct. 5, 1992, 106 Stat. 1498.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(2). Pub. L. 102-385, Sec. 21(1), substituted
    "$50,000" for "$25,000", "2 years" for "1 year", "$100,000" for
    "$50,000", and "5 years" for "2 years".
      Subsec. (b)(3). Pub. L. 102-385, Sec. 21(2), added par. (3).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 554                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 554. Equal employment opportunity

-STATUTE-
    (a) Entities within scope of coverage
      This section shall apply to any corporation, partnership,
    association, joint-stock company, or trust engaged primarily in the
    management or operation of any cable system.
    (b) Discrimination prohibited
      Equal opportunity in employment shall be afforded by each entity
    specified in subsection (a) of this section, and no person shall be
    discriminated against in employment by such entity because of race,
    color, religion, national origin, age, or sex.
    (c) Equal opportunity programs; establishment; maintenance;
      execution; terms
      Any entity specified in subsection (a) of this section shall
    establish, maintain, and execute a positive continuing program of
    specific practices designed to ensure equal opportunity in every
    aspect of its employment policies and practices. Under the terms of
    its program, each such entity shall - 
        (1) define the responsibility of each level of management to
      ensure a positive application and vigorous enforcement of its
      policy of equal opportunity, and establish a procedure to review
      and control managerial and supervisory performance;
        (2) inform its employees and recognized employee organizations
      of the equal employment opportunity policy and program and enlist
      their cooperation;
        (3) communicate its equal employment opportunity policy and
      program and its employment needs to sources of qualified
      applicants without regard to race, color, religion, national
      origin, age, or sex, and solicit their recruitment assistance on
      a continuing basis;
        (4) conduct a continuing program to exclude every form of
      prejudice or discrimination based on race, color, religion,
      national origin, age, or sex, from its personnel policies and
      practices and working conditions; and
        (5) conduct a continuing review of job structure and employment
      practices and adopt positive recruitment, training, job design,
      and other measures needed to ensure genuine equality of
      opportunity to participate fully in all its organizational units,
      occupations, and levels of responsibility.
    (d) Revision of rules; required provisions; annual statistical
      report; notice and comment on amendments
      (1) Not later than 270 days after the date of enactment of the
    Cable Television Consumer Protection and Competition Act of 1992,
    and after notice and opportunity for hearing, the Commission shall
    prescribe revisions in the rules under this section in order to
    implement the amendments made to this section by such Act. Such
    revisions shall be designed to promote equality of employment
    opportunities for females and minorities in each of the job
    categories itemized in paragraph (3).
      (2) Such rules shall specify the terms under which an entity
    specified in subsection (a) of this section shall, to the extent
    possible - 
        (A) disseminate its equal opportunity program to job
      applicants, employees, and those with whom it regularly does
      business;
        (B) use minority organizations, organizations for women, media,
      educational institutions, and other potential sources of minority
      and female applicants, to supply referrals whenever jobs are
      available in its operation;
        (C) evaluate its employment profile and job turnover against
      the availability of minorities and women in its franchise area;
        (D) undertake to offer promotions of minorities and women to
      positions of greater responsibility;
        (E) encourage minority and female entrepreneurs to conduct
      business with all parts of its operation; and
        (F) analyze the results of its efforts to recruit, hire,
      promote, and use the services of minorities and women and explain
      any difficulties encountered in implementing its equal employment
      opportunity program.

      (3)(A) Such rules also shall require an entity specified in
    subsection (a) of this section with more than 5 full-time employees
    to file with the Commission an annual statistical report
    identifying by race, sex, and job title the number of employees in
    each of the following full-time and part-time job categories:
        (i) Corporate officers.
        (ii) General Manager.
        (iii) Chief Technician.
        (iv) Comptroller.
        (v) General Sales Manager.
        (vi) Production Manager.
        (vii) Managers.
        (viii) Professionals.
        (ix) Technicians.
        (x) Sales Personnel.
        (xi) Office and Clerical Personnel.
        (xii) Skilled Craftspersons.
        (xiii) Semiskilled Operatives.
        (xiv) Unskilled Laborers.
        (xv) Service Workers.

      (B) The report required by subparagraph (A) shall be made on
    separate forms, provided by the Commission, for full-time and part-
    time employees. The Commission's rules shall sufficiently define
    the job categories listed in clauses (i) through (vi) of such
    subparagraph so as to ensure that only employees who are principal
    decisionmakers and who have supervisory authority are reported for
    such categories. The Commission shall adopt rules that define the
    job categories listed in clauses (vii) through (xv) in a manner
    that is consistent with the Commission policies in effect on June
    1, 1990. The Commission shall prescribe the method by which
    entities shall be required to compute and report the number of
    minorities and women in the job categories listed in clauses (i)
    through (x) and the number of minorities and women in the job
    categories listed in clauses (i) through (xv) in proportion to the
    total number of qualified minorities and women in the relevant
    labor market. The report shall include information on hiring,
    promotion, and recruitment practices necessary for the Commission
    to evaluate the efforts of entities to comply with the provisions
    of paragraph (2) of this subsection. The report shall be available
    for public inspection at the entity's central location and at every
    location where 5 or more full-time employees are regularly assigned
    to work. Nothing in this subsection shall be construed as
    prohibiting the Commission from collecting or continuing to collect
    statistical or other employment information in a manner that it
    deems appropriate to carry out this section.
      (4) The Commission may amend such rules from time to time to the
    extent necessary to carry out the provisions of this section. Any
    such amendment shall be made after notice and opportunity for
    comment.
    (e) Annual certification of compliance; periodic investigation of
      employment practices
      (1) On an annual basis, the Commission shall certify each entity
    described in subsection (a) of this section as in compliance with
    this section if, on the basis of information in the possession of
    the Commission, including the report filed pursuant to subsection
    (d)(3) of this section, such entity was in compliance, during the
    annual period involved, with the requirements of subsections (b),
    (c), and (d) of this section.
      (2) The Commission shall, periodically but not less frequently
    than every five years, investigate the employment practices of each
    entity described in subsection (a) of this section, in the
    aggregate, as well as in individual job categories, and determine
    whether such entity is in compliance with the requirements of
    subsections (b), (c), and (d) of this section, including whether
    such entity's employment practices deny or abridge women and
    minorities equal employment opportunities. As part of such
    investigation, the Commission shall review whether the entity's
    reports filed pursuant to subsection (d)(3) of this section
    accurately reflect employee responsibilities in the reported job
    classifications.
    (f) Substantial failure to comply; penalties; notice to public and
      franchising authorities
      (1) If the Commission finds after notice and hearing that the
    entity involved has willfully or repeatedly without good cause
    failed to comply with the requirements of this section, such
    failure shall constitute a substantial failure to comply with this
    subchapter. The failure to obtain certification under subsection
    (e) of this section shall not itself constitute the basis for a
    determination of substantial failure to comply with this title. For
    purposes of this paragraph, the term "repeatedly", when used with
    respect to failures to comply, refers to 3 or more failures during
    any 7-year period.
      (2) Any person who is determined by the Commission, through an
    investigation pursuant to subsection (e) of this section or
    otherwise, to have failed to meet or failed to make best efforts to
    meet the requirements of this section, or rules under this section,
    shall be liable to the United States for a forfeiture penalty of
    $500 for each violation. Each day of a continuing violation shall
    constitute a separate offense. Any entity defined in subsection (a)
    of this section shall not be liable for more than 180 days of
    forfeitures which accrued prior to notification by the Commission
    of a potential violation. Nothing in this paragraph shall limit the
    forfeiture imposed on any person as a result of any violation that
    continues subsequent to such notification. In addition, any person
    liable for such penalty may also have any license under this
    chapter for cable auxiliary relay service suspended until the
    Commission determines that the failure involved has been corrected.
    Whoever knowingly makes any false statement or submits
    documentation which he knows to be false, pursuant to an
    application for certification under this section shall be in
    violation of this section.
      (3) The provisions of paragraphs (3) and (4), and the last 2
    sentences of paragraph (2), of section 503(b) of this title shall
    apply to forfeitures under this subsection.
      (4) The Commission shall provide for notice to the public and
    appropriate franchising authorities of any penalty imposed under
    this section.
    (g) Discrimination complaints; investigation; enforcement
      Employees or applicants for employment who believe they have been
    discriminated against in violation of the requirements of this
    section, or rules under this section, or any other interested
    person, may file a complaint with the Commission. A complaint by
    any such person shall be in writing, and shall be signed and sworn
    to by that person. The regulations under subsection (d)(1) of this
    section shall specify a program, under authorities otherwise
    available to the Commission, for the investigation of complaints
    and violations, and for the enforcement of this section.
    (h) "Cable operator" defined; owners of multiple unit dwellings
      (1) For purposes of this section, the term "cable operator"
    includes any operator of any satellite master antenna television
    system, including a system described in section 522(7)(A) of this
    title and any multichannel video programming distributor.
      (2) Such term does not include any operator of a system which, in
    the aggregate, serves fewer than 50 subscribers.
      (3) In any case in which a cable operator is the owner of a
    multiple unit dwelling, the requirements of this section shall only
    apply to such cable operator with respect to its employees who are
    primarily engaged in cable telecommunications.
    (i) Regulatory powers of States and franchising authorities;
      nonexclusive nature of remedies and enforcement provisions;
      covered franchises
      (1) Nothing in this section shall affect the authority of any
    State or any franchising authority - 
        (A) to establish or enforce any requirement which is consistent
      with the requirements of this section, including any requirement
      which affords equal employment opportunity protection for
      employees;
        (B) to establish or enforce any provision requiring or
      encouraging any cable operator to conduct business with
      enterprises which are owned or controlled by members of minority
      groups (as defined in section 309(i)(3)(C)(ii) of this title) or
      which have their principal operations located within the
      community served by the cable operator; or
        (C) to enforce any requirement of a franchise in effect on the
      effective date of this subchapter.

      (2) The remedies and enforcement provisions of this section are
    in addition to, and not in lieu of, those available under this or
    any other law.
      (3) The provisions of this section shall apply to any cable
    operator, whether operating pursuant to a franchise granted before,
    on, or after October 30, 1984.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 634, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2797; amended Pub. L. 102-
    385, Sec. 22(b)-(e), Oct. 5, 1992, 106 Stat. 1498, 1499; Pub. L.
    103-414, title III, Sec. 303(a)(24), Oct. 25, 1994, 108 Stat.
    4295.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Cable Television Consumer Protection and Competition Act of
    1992, referred to in subsec. (d)(1), is Pub. L. 102-385, Oct. 5,
    1992, 106 Stat. 1460. For complete classification of this Act to
    the Code, see Short Title of 1992 Amendments note set out under
    section 609 of this title and Tables.
      For "the effective date of this subchapter", referred to in
    subsec. (i)(1)(C), as 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as an Effective Date note under section 521 of this title.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (h)(1). Pub. L. 103-414 substituted "section
    522(7)(A)" for "section 522(6)(A)".
      1992 - Subsec. (d)(1). Pub. L. 102-385, Sec. 22(b), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows: "Not
    later than 270 days after the effective date of this section, and
    after notice and opportunity for hearing, the Commission shall
    prescribe rules to carry out this section."
      Subsec. (d)(3). Pub. L. 102-385, Sec. 22(c), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "Such
    rules also shall require an entity specified in subsection (a) of
    this section with more than 5 full-time employees to file with the
    Commission an annual statistical report identifying by race and sex
    the number of employees in each of the following full-time and part-
    time job categories:
        "(A) officials and managers;
        "(B) professionals;
        "(C) technicians;
        "(D) sales persons;
        "(E) office and clerical personnel;
        "(F) skilled craft persons;
        "(G) semiskilled operatives;
        "(H) unskilled laborers; and
        "(I) service workers.
    The report shall include the number of minorities and women in the
    relevant labor market for each of the above categories. The
    statistical report shall be available to the public at the central
    office and at every location where more than 5 full-time employees
    are regularly assigned to work."
      Subsec. (f)(2). Pub. L. 102-385, Sec. 22(d), substituted "$500"
    for "$200".
      Subsec. (h)(1). Pub. L. 102-385, Sec. 22(e), inserted before
    period at end "and any multichannel video programming distributor".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

       CONGRESSIONAL FINDINGS: EMPLOYMENT OF WOMEN AND MINORITIES IN
                MANAGEMENT POSITIONS IN TELEVISION INDUSTRY
      Section 22(a) of Pub. L. 102-385 provided that: "The Congress
    finds and declares that - 
        "(1) despite the existence of regulations governing equal
      employment opportunity, females and minorities are not employed
      in significant numbers in positions of management authority in
      the cable and broadcast television industries;
        "(2) increased numbers of females and minorities in positions
      of management authority in the cable and broadcast television
      industries advances the Nation's policy favoring diversity in the
      expression of views in the electronic media; and
        "(3) rigorous enforcement of equal employment opportunity rules
      and regulations is required in order to effectively deter racial
      and gender discrimination."

     STUDY AND REPORT ON EFFECT AND OPERATION OF AMENDMENTS BY SECTION
                           22 OF PUB. L. 102-385
      Section 22(g) of Pub. L. 102-385 provided that: "Not later than 2
    years after the date of enactment of this Act [Oct. 5, 1992], the
    Commission shall submit to the Congress a report pursuant to a
    proceeding to review and obtain public comment on the effect and
    operation of the amendments made by this section [enacting section
    334 of this title and amending this section]. In conducting such
    review, the Commission shall consider the effectiveness of its
    procedures, regulations, policies, standards, and guidelines in
    promoting equality of employment opportunity and promotion
    opportunity, and particularly the effectiveness of its procedures,
    regulations, policies, standards, and guidelines in promoting the
    congressional policy favoring increased employment opportunity for
    women and minorities in positions of management authority. The
    Commission shall forward to the Congress such legislative
    recommendations to improve equal employment opportunity in the
    broadcasting and cable industries as it deems necessary."

-End-

-CITE-
    47 USC Sec. 555                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 555. Judicial proceedings

-STATUTE-
    (a) Actions to review determinations by franchising authorities
      Any cable operator adversely affected by any final determination
    made by a franchising authority under section 541(a)(1), 545 or 546
    of this title may commence an action within 120 days after
    receiving notice of such determination, which may be brought in - 
        (1) the district court of the United States for any judicial
      district in which the cable system is located; or
        (2) in any State court of general jurisdiction having
      jurisdiction over the parties.
    (b) Available relief
      The court may award any appropriate relief consistent with the
    provisions of the relevant section described in subsection (a) of
    this section and with the provisions of subsection (a) of this
    section.
    (c) Review of constitutionality of sections 534 and 535
      (1) Notwithstanding any other provision of law, any civil action
    challenging the constitutionality of section 534 or 535 of this
    title or any provision thereof shall be heard by a district court
    of three judges convened pursuant to the provisions of section 2284
    of title 28.
      (2) Notwithstanding any other provision of law, an interlocutory
    or final judgment, decree, or order of the court of three judges in
    an action under paragraph (1) holding section 534 or 535 of this
    title or any provision thereof unconstitutional shall be reviewable
    as a matter of right by direct appeal to the Supreme Court. Any
    such appeal shall be filed not more than 20 days after entry of
    such judgment, decree, or order.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 635, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2800; amended Pub. L. 102-
    385, Secs. 7(a)(2), 23, 24(b), Oct. 5, 1992, 106 Stat. 1483, 1500,
    1501.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-385, Sec. 7(a)(2), inserted
    "541(a)(1)," after "section".
      Subsec. (b). Pub. L. 102-385, Sec. 24(b), inserted "and with the
    provisions of subsection (a) of this section" after "subsection (a)
    of this section".
      Subsec. (c). Pub. L. 102-385, Sec. 23, added subsec. (c).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 555a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 555a. Limitation of franchising authority liability

-STATUTE-
    (a) Suits for damages prohibited
      In any court proceeding pending on or initiated after October 5,
    1992, involving any claim against a franchising authority or other
    governmental entity, or any official, member, employee, or agent of
    such authority or entity, arising from the regulation of cable
    service or from a decision of approval or disapproval with respect
    to a grant, renewal, transfer, or amendment of a franchise, any
    relief, to the extent such relief is required by any other
    provision of Federal, State, or local law, shall be limited to
    injunctive relief and declaratory relief.
    (b) Exception for completed cases
      The limitation contained in subsection (a) of this section shall
    not apply to actions that, prior to such violation, have been
    determined by a final order of a court of binding jurisdiction, no
    longer subject to appeal, to be in violation of a cable operator's
    rights.
    (c) Discrimination claims permitted
      Nothing in this section shall be construed as limiting the relief
    authorized with respect to any claim against a franchising
    authority or other governmental entity, or any official, member,
    employee, or agent of such authority or entity, to the extent such
    claim involves discrimination on the basis of race, color, sex,
    age, religion, national origin, or handicap.
    (d) Rule of construction
      Nothing in this section shall be construed as creating or
    authorizing liability of any kind, under any law, for any action or
    failure to act relating to cable service or the granting of a
    franchise by any franchising authority or other governmental
    entity, or any official, member, employee, or agent of such
    authority or entity.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 635A, as added Pub. L. 102-
    385, Sec. 24(a), Oct. 5, 1992, 106 Stat. 1500.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 5, 1992, see section 28 of
    Pub. L. 102-385, set out as an Effective Date of 1992 Amendment
    note under section 325 of this title.

-End-

-CITE-
    47 USC Sec. 556                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 556. Coordination of Federal, State, and local authority

-STATUTE-
    (a) Regulation by States, political subdivisions, State and local
      agencies, and franchising authorities
      Nothing in this subchapter shall be construed to affect any
    authority of any State, political subdivision, or agency thereof,
    or franchising authority, regarding matters of public health,
    safety, and welfare, to the extent consistent with the express
    provisions of this subchapter.
    (b) State jurisdiction with regard to cable services
      Nothing in this subchapter shall be construed to restrict a State
    from exercising jurisdiction with regard to cable services
    consistent with this subchapter.
    (c) Preemption
      Except as provided in section 557 of this title, any provision of
    law of any State, political subdivision, or agency thereof, or
    franchising authority, or any provision of any franchise granted by
    such authority, which is inconsistent with this chapter shall be
    deemed to be preempted and superseded.
    (d) "State" defined
      For purposes of this section, the term "State" has the meaning
    given such term in section 153 of this title.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 636, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2800; amended Pub. L. 104-
    104, Sec. 3(d)(3), Feb. 8, 1996, 110 Stat. 61.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-104 substituted "section 153" for
    "section 153(v)".

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 557                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 557. Existing franchises

-STATUTE-
      (a) The provisions of - 
        (1) any franchise in effect on the effective date of this
      subchapter, including any such provisions which relate to the
      designation, use, or support for the use of channel capacity for
      public, educational, or governmental use, and
        (2) any law of any State (as defined in section 153 of this
      title) in effect on October 30, 1984, or any regulation
      promulgated pursuant to such law, which relates to such
      designation, use or support of such channel capacity,

    shall remain in effect, subject to the express provisions of this
    subchapter, and for not longer than the then current remaining term
    of the franchise as such franchise existed on such effective date.
      (b) For purposes of subsection (a) of this section and other
    provisions of this subchapter, a franchise shall be considered in
    effect on the effective date of this subchapter if such franchise
    was granted on or before such effective date.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 637, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2800; amended Pub. L. 104-
    104, Sec. 3(d)(3), Feb. 8, 1996, 110 Stat. 61.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For "the effective date of this subchapter" and "such effective
    date", referred to in subsecs. (a) and (b), as 60 days after Oct.
    30, 1984, except where otherwise expressly provided, see section
    9(a) of Pub. L. 98-549, set out as an Effective Date note under
    section 521 of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-104 substituted "section 153"
    for "section 153(v)".

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 558                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 558. Criminal and civil liability

-STATUTE-
      Nothing in this subchapter shall be deemed to affect the criminal
    or civil liability of cable programmers or cable operators pursuant
    to the Federal, State, or local law of libel, slander, obscenity,
    incitement, invasions of privacy, false or misleading advertising,
    or other similar laws, except that cable operators shall not incur
    any such liability for any program carried on any channel
    designated for public, educational, governmental use or on any
    other channel obtained under section 532 of this title or under
    similar arrangements unless the program involves obscene material.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 638, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2801; amended Pub. L. 102-
    385, Sec. 10(d), Oct. 5, 1992, 106 Stat. 1486.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-385 inserted before period at end "unless the
    program involves obscene material".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-385 effective 60 days after Oct. 5,
    1992, see section 28 of Pub. L. 102-385, set out as a note under
    section 325 of this title.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 559                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 559. Obscene programming

-STATUTE-
      Whoever transmits over any cable system any matter which is
    obscene or otherwise unprotected by the Constitution of the United
    States shall be fined under title 18 or imprisoned not more than 2
    years, or both.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 639, as added Pub. L. 98-
    549, Sec. 2, Oct. 30, 1984, 98 Stat. 2801; amended Pub. L. 104-
    104, title V, Sec. 503, Feb. 8, 1996, 110 Stat. 136.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-104 substituted "under title 18" for "not more
    than $10,000".

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 560                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 560. Scrambling of cable channels for nonsubscribers

-STATUTE-
    (a) Subscriber request
      Upon request by a cable service subscriber, a cable operator
    shall, without charge, fully scramble or otherwise fully block the
    audio and video programming of each channel carrying such
    programming so that one not a subscriber does not receive it.
    (b) "Scramble" defined
      As used in this section, the term "scramble" means to rearrange
    the content of the signal of the programming so that the
    programming cannot be viewed or heard in an understandable manner.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 640, as added Pub. L. 104-
    104, title V, Sec. 504, Feb. 8, 1996, 110 Stat. 136.)

-End-

-CITE-
    47 USC Sec. 561                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part IV - Miscellaneous Provisions

-HEAD-
    Sec. 561. Scrambling of sexually explicit adult video service
      programming

-STATUTE-
    (a) Requirement
      In providing sexually explicit adult programming or other
    programming that is indecent on any channel of its service
    primarily dedicated to sexually-oriented programming, a
    multichannel video programming distributor shall fully scramble or
    otherwise fully block the video and audio portion of such channel
    so that one not a subscriber to such channel or programming does
    not receive it.
    (b) Implementation
      Until a multichannel video programming distributor complies with
    the requirement set forth in subsection (a) of this section, the
    distributor shall limit the access of children to the programming
    referred to in that subsection by not providing such programming
    during the hours of the day (as determined by the Commission) when
    a significant number of children are likely to view it.
    (c) "Scramble" defined
      As used in this section, the term "scramble" means to rearrange
    the content of the signal of the programming so that the
    programming cannot be viewed or heard in an understandable manner.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 641, as added Pub. L. 104-
    104, title V, Sec. 505(a), Feb. 8, 1996, 110 Stat. 136.)

-MISC1-
                              EFFECTIVE DATE                          
      Section 505(b) of Pub. L. 104-104 provided that: "The amendment
    made by subsection (a) [enacting this section] shall take effect 30
    days after the date of enactment of this Act [Feb. 8, 1996]."

-End-

-CITE-
    47 USC Part V - Video Programming Services Provided by
                     Telephone Companies                   01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part V - Video Programming Services Provided by Telephone Companies

-HEAD-
    PART V - VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES

-End-

-CITE-
    47 USC Sec. 571                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part V - Video Programming Services Provided by Telephone Companies

-HEAD-
    Sec. 571. Regulatory treatment of video programming services

-STATUTE-
    (a) Limitations on cable regulation
      (1) Radio-based systems
        To the extent that a common carrier (or any other person) is
      providing video programming to subscribers using radio
      communication, such carrier (or other person) shall be subject to
      the requirements of subchapter III of this chapter and section
      572 of this title, but shall not otherwise be subject to the
      requirements of this subchapter.
      (2) Common carriage of video traffic
        To the extent that a common carrier is providing transmission
      of video programming on a common carrier basis, such carrier
      shall be subject to the requirements of subchapter II of this
      chapter and section 572 of this title, but shall not otherwise be
      subject to the requirements of this subchapter. This paragraph
      shall not affect the treatment under section 522(7)(C) of this
      title of a facility of a common carrier as a cable system.
      (3) Cable systems and open video systems
        To the extent that a common carrier is providing video
      programming to its subscribers in any manner other than that
      described in paragraphs (1) and (2) - 
          (A) such carrier shall be subject to the requirements of this
        subchapter, unless such programming is provided by means of an
        open video system for which the Commission has approved a
        certification under section 573 of this title; or
          (B) if such programming is provided by means of an open video
        system for which the Commission has approved a certification
        under section 573 of this title, such carrier shall be subject
        to the requirements of this part, but shall be subject to parts
        I through IV of this subchapter only as provided in 573(c) of
        this title.
      (4) Election to operate as open video system
        A common carrier that is providing video programming in a
      manner described in paragraph (1) or (2), or a combination
      thereof, may elect to provide such programming by means of an
      open video system that complies with section 573 of this title.
      If the Commission approves such carrier's certification under
      section 573 of this title, such carrier shall be subject to the
      requirements of this part, but shall be subject to parts I
      through IV of this subchapter only as provided in 573(c) of this
      title.
    (b) Limitations on interconnection obligations
      A local exchange carrier that provides cable service through an
    open video system or a cable system shall not be required, pursuant
    to subchapter II of this chapter, to make capacity available on a
    nondiscriminatory basis to any other person for the provision of
    cable service directly to subscribers.
    (c) Additional regulatory relief
      A common carrier shall not be required to obtain a certificate
    under section 214 of this title with respect to the establishment
    or operation of a system for the delivery of video programming.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 651, as added Pub. L. 104-
    104, title III, Sec. 302(a), Feb. 8, 1996, 110 Stat. 118.)

-End-

-CITE-
    47 USC Sec. 572                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part V - Video Programming Services Provided by Telephone Companies

-HEAD-
    Sec. 572. Prohibition on buy outs

-STATUTE-
    (a) Acquisitions by carriers
      No local exchange carrier or any affiliate of such carrier owned
    by, operated by, controlled by, or under common control with such
    carrier may purchase or otherwise acquire directly or indirectly
    more than a 10 percent financial interest, or any management
    interest, in any cable operator providing cable service within the
    local exchange carrier's telephone service area.
    (b) Acquisitions by cable operators
      No cable operator or affiliate of a cable operator that is owned
    by, operated by, controlled by, or under common ownership with such
    cable operator may purchase or otherwise acquire, directly or
    indirectly, more than a 10 percent financial interest, or any
    management interest, in any local exchange carrier providing
    telephone exchange service within such cable operator's franchise
    area.
    (c) Joint ventures
      A local exchange carrier and a cable operator whose telephone
    service area and cable franchise area, respectively, are in the
    same market may not enter into any joint venture or partnership to
    provide video programming directly to subscribers or to provide
    telecommunications services within such market.
    (d) Exceptions
      (1) Rural systems
        Notwithstanding subsections (a), (b), and (c) of this section,
      a local exchange carrier (with respect to a cable system located
      in its telephone service area) and a cable operator (with respect
      to the facilities of a local exchange carrier used to provide
      telephone exchange service in its cable franchise area) may
      obtain a controlling interest in, management interest in, or
      enter into a joint venture or partnership with the operator of
      such system or facilities for the use of such system or
      facilities to the extent that - 
          (A) such system or facilities only serve incorporated or
        unincorporated - 
            (i) places or territories that have fewer than 35,000
          inhabitants; and
            (ii) are outside an urbanized area, as defined by the
          Bureau of the Census; and

          (B) in the case of a local exchange carrier, such system, in
        the aggregate with any other system in which such carrier has
        an interest, serves less than 10 percent of the households in
        the telephone service area of such carrier.
      (2) Joint use
        Notwithstanding subsection (c) of this section, a local
      exchange carrier may obtain, with the concurrence of the cable
      operator on the rates, terms, and conditions, the use of that
      part of the transmission facilities of a cable system extending
      from the last multi-user terminal to the premises of the end
      user, if such use is reasonably limited in scope and duration, as
      determined by the Commission.
      (3) Acquisitions in competitive markets
        Notwithstanding subsections (a) and (c) of this section, a
      local exchange carrier may obtain a controlling interest in, or
      form a joint venture or other partnership with, or provide
      financing to, a cable system (hereinafter in this paragraph
      referred to as "the subject cable system"), if - 
          (A) the subject cable system operates in a television market
        that is not in the top 25 markets, and such market has more
        than 1 cable system operator, and the subject cable system is
        not the cable system with the most subscribers in such
        television market;
          (B) the subject cable system and the cable system with the
        most subscribers in such television market held on May 1, 1995,
        cable television franchises from the largest municipality in
        the television market and the boundaries of such franchises
        were identical on such date;
          (C) the subject cable system is not owned by or under common
        ownership or control of any one of the 50 cable system
        operators with the most subscribers as such operators existed
        on May 1, 1995; and
          (D) the system with the most subscribers in the television
        market is owned by or under common ownership or control of any
        one of the 10 largest cable system operators as such operators
        existed on May 1, 1995.
      (4) Exempt cable systems
        Subsection (a) of this section does not apply to any cable
      system if - 
          (A) the cable system serves no more than 17,000 cable
        subscribers, of which no less than 8,000 live within an urban
        area, and no less than 6,000 live within a nonurbanized area as
        of June 1, 1995;
          (B) the cable system is not owned by, or under common
        ownership or control with, any of the 50 largest cable system
        operators in existence on June 1, 1995; and
          (C) the cable system operates in a television market that was
        not in the top 100 television markets as of June 1, 1995.
      (5) Small cable systems in nonurban areas
        Notwithstanding subsections (a) and (c) of this section, a
      local exchange carrier with less than $100,000,000 in annual
      operating revenues (or any affiliate of such carrier owned by,
      operated by, controlled by, or under common control with such
      carrier) may purchase or otherwise acquire more than a 10 percent
      financial interest in, or any management interest in, or enter
      into a joint venture or partnership with, any cable system within
      the local exchange carrier's telephone service area that serves
      no more than 20,000 cable subscribers, if no more than 12,000 of
      those subscribers live within an urbanized area, as defined by
      the Bureau of the Census.
      (6) Waivers
        The Commission may waive the restrictions of subsections (!1)
      (a), (b), or (c) of this section only if - 

          (A) the Commission determines that, because of the nature of
        the market served by the affected cable system or facilities
        used to provide telephone exchange service - 
            (i) the affected cable operator or local exchange carrier
          would be subjected to undue economic distress by the
          enforcement of such provisions;
            (ii) the system or facilities would not be economically
          viable if such provisions were enforced; or
            (iii) the anticompetitive effects of the proposed
          transaction are clearly outweighed in the public interest by
          the probable effect of the transaction in meeting the
          convenience and needs of the community to be served; and

          (B) the local franchising authority approves of such waiver.
    (e) "Telephone service area" defined
      For purposes of this section, the term "telephone service area"
    when used in connection with a common carrier subject in whole or
    in part to subchapter II of this chapter means the area within
    which such carrier provided telephone exchange service as of
    January 1, 1993, but if any common carrier after such date
    transfers its telephone exchange service facilities to another
    common carrier, the area to which such facilities provide telephone
    exchange service shall be treated as part of the telephone service
    area of the acquiring common carrier and not of the selling common
    carrier.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 652, as added Pub. L. 104-
    104, title III, Sec. 302(a), Feb. 8, 1996, 110 Stat. 119.)

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".

-End-

-CITE-
    47 USC Sec. 573                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER V-A - CABLE COMMUNICATIONS
    Part V - Video Programming Services Provided by Telephone Companies

-HEAD-
    Sec. 573. Establishment of open video systems

-STATUTE-
    (a) Open video systems
      (1) Certificates of compliance
        A local exchange carrier may provide cable service to its cable
      service subscribers in its telephone service area through an open
      video system that complies with this section. To the extent
      permitted by such regulations as the Commission may prescribe
      consistent with the public interest, convenience, and necessity,
      an operator of a cable system or any other person may provide
      video programming through an open video system that complies with
      this section. An operator of an open video system shall qualify
      for reduced regulatory burdens under subsection (c) of this
      section if the operator of such system certifies to the
      Commission that such carrier complies with the Commission's
      regulations under subsection (b) of this section and the
      Commission approves such certification. The Commission shall
      publish notice of the receipt of any such certification and shall
      act to approve or disapprove any such certification within 10
      days after receipt of such certification.
      (2) Dispute resolution
        The Commission shall have the authority to resolve disputes
      under this section and the regulations prescribed thereunder. Any
      such dispute shall be resolved within 180 days after notice of
      such dispute is submitted to the Commission. At that time or
      subsequently in a separate damages proceeding, the Commission
      may, in the case of any violation of this section, require
      carriage, award damages to any person denied carriage, or any
      combination of such sanctions. Any aggrieved party may seek any
      other remedy available under this chapter.
    (b) Commission actions
      (1) Regulations required
        Within 6 months after February 8, 1996, the Commission shall
      complete all actions necessary (including any reconsideration) to
      prescribe regulations that - 
          (A) except as required pursuant to section 531, 534, or 535
        of this title, prohibit an operator of an open video system
        from discriminating among video programming providers with
        regard to carriage on its open video system, and ensure that
        the rates, terms, and conditions for such carriage are just and
        reasonable, and are not unjustly or unreasonably
        discriminatory;
          (B) if demand exceeds the channel capacity of the open video
        system, prohibit an operator of an open video system and its
        affiliates from selecting the video programming services for
        carriage on more than one-third of the activated channel
        capacity on such system, but nothing in this subparagraph shall
        be construed to limit the number of channels that the carrier
        and its affiliates may offer to provide directly to
        subscribers;
          (C) permit an operator of an open video system to carry on
        only one channel any video programming service that is offered
        by more than one video programming provider (including the
        local exchange carrier's video programming affiliate):
        Provided, That subscribers have ready and immediate access to
        any such video programming service;
          (D) extend to the distribution of video programming over open
        video systems the Commission's regulations concerning sports
        exclusivity (47 C.F.R. 76.67), network nonduplication (47
        C.F.R. 76.92 et seq.), and syndicated exclusivity (47 C.F.R.
        76.151 et seq.); and
          (E)(i) prohibit an operator of an open video system from
        unreasonably discriminating in favor of the operator or its
        affiliates with regard to material or information (including
        advertising) provided by the operator to subscribers for the
        purposes of selecting programming on the open video system, or
        in the way such material or information is presented to
        subscribers;
          (ii) require an operator of an open video system to ensure
        that video programming providers or copyright holders (or both)
        are able suitably and uniquely to identify their programming
        services to subscribers;
          (iii) if such identification is transmitted as part of the
        programming signal, require the carrier to transmit such
        identification without change or alteration; and
          (iv) prohibit an operator of an open video system from
        omitting television broadcast stations or other unaffiliated
        video programming services carried on such system from any
        navigational device, guide, or menu.
      (2) Consumer access
        Subject to the requirements of paragraph (1) and the
      regulations thereunder, nothing in this section prohibits a
      common carrier or its affiliate from negotiating mutually
      agreeable terms and conditions with over-the-air broadcast
      stations and other unaffiliated video programming providers to
      allow consumer access to their signals on any level or screen of
      any gateway, menu, or other program guide, whether provided by
      the carrier or its affiliate.
    (c) Reduced regulatory burdens for open video systems
      (1) In general
        Any provision that applies to a cable operator under - 
          (A) sections 533 (other than subsection (a) thereof), 536,
        543(f), 548, 551, and 554 of this title, shall apply,
          (B) sections 531, 534, and 535 of this title, and section 325
        of this title, shall apply in accordance with the regulations
        prescribed under paragraph (2), and
          (C) sections 532 and 537 of this title, and parts III and IV
        of this subchapter (other than sections 543(f), 548, 551, and
        554 of this title), shall not apply,

      to any operator of an open video system for which the Commission
      has approved a certification under this section.
      (2) Implementation
        (A) Commission action
          In the rulemaking proceeding to prescribe the regulations
        required by subsection (b)(1) of this section, the Commission
        shall, to the extent possible, impose obligations that are no
        greater or lesser than the obligations contained in the
        provisions described in paragraph (1)(B) of this subsection.
        The Commission shall complete all action (including any
        reconsideration) to prescribe such regulations no later than 6
        months after February 8, 1996.
        (B) Fees
          An operator of an open video system under this part may be
        subject to the payment of fees on the gross revenues of the
        operator for the provision of cable service imposed by a local
        franchising authority or other governmental entity, in lieu of
        the franchise fees permitted under section 542 of this title.
        The rate at which such fees are imposed shall not exceed the
        rate at which franchise fees are imposed on any cable operator
        transmitting video programming in the franchise area, as
        determined in accordance with regulations prescribed by the
        Commission. An operator of an open video system may designate
        that portion of a subscriber's bill attributable to the fee
        under this subparagraph as a separate item on the bill.
      (3) Regulatory streamlining
        With respect to the establishment and operation of an open
      video system, the requirements of this section shall apply in
      lieu of, and not in addition to, the requirements of subchapter
      II of this chapter.
      (4) Treatment as cable operator
        Nothing in this chapter precludes a video programming provider
      making use of an open video system from being treated as an
      operator of a cable system for purposes of section 111 of title
      17.
    (d) "Telephone service area" defined
      For purposes of this section, the term "telephone service area"
    when used in connection with a common carrier subject in whole or
    in part to subchapter II of this chapter means the area within
    which such carrier is offering telephone exchange service.

-SOURCE-
    (June 19, 1934, ch. 652, title VI, Sec. 653, as added Pub. L. 104-
    104, title III, Sec. 302(a), Feb. 8, 1996, 110 Stat. 121.)

-End-

-CITE-
    47 USC SUBCHAPTER VI - MISCELLANEOUS PROVISIONS             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
                 SUBCHAPTER VI - MISCELLANEOUS PROVISIONS             

-End-

-CITE-
    47 USC Sec. 601                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 601. Interstate Commerce Commission and Postmaster General;
      duties, powers, and functions transferred to Commission

-STATUTE-
      (a) All duties, powers, and functions of the Interstate Commerce
    Commission under sections 9 to 15 of this title, relating to
    operation of telegraph lines by railroad and telegraph companies
    granted Government aid in the construction of their lines, are
    imposed upon and vested in the Commission: Provided, That such
    transfer of duties, powers, and functions shall not be construed to
    affect the duties, powers, functions, or jurisdiction of the
    Interstate Commerce Commission under, or to interfere with or
    prevent the enforcement of, subtitle IV of title 49.
      (b) All duties, powers, and functions of the Postmaster General
    with respect to telegraph companies and telegraph lines under any
    existing provision of law are imposed upon and vested in the
    Commission.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 701, formerly title VI,
    Sec. 601, 48 Stat. 1101; renumbered title VII, Sec. 701, Pub. L. 98-
    549, Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "subtitle IV of title 49" substituted for "the
    Interstate Commerce Act and all Acts amendatory thereof or
    supplemental thereto [49 U.S.C. 1 et seq.]" on authority of Pub. L.
    95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section
    of which enacted subtitle IV (Sec. 10101 et seq.) of Title 49,
    Transportation.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Office of Postmaster General of Post Office Department abolished
    and functions, powers, and duties of Postmaster General transferred
    to United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug.
    12, 1970, 84 Stat. 773, set out as a note under section 201 of
    Title 39, Postal Service.

        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, to Surface Transportation Board effective Jan. 1, 1996, by
    section 702 of Title 49, Transportation, and section 101 of Pub. L.
    104-88, set out as a note under section 701 of Title 49. References
    to Interstate Commerce Commission deemed to refer to Surface
    Transportation Board, a member or employee of the Board, or
    Secretary of Transportation, as appropriate, see section 205 of
    Pub. L. 104-88, set out as a note under section 701 of Title 49.

-End-

-CITE-
    47 USC Secs. 602, 603                                       01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Secs. 602, 603. Repealed. Pub. L. 103-414, title III, Sec.
      304(a)(13), Oct. 25, 1994, 108 Stat. 4297

-MISC1-
      Section 602, acts June 19, 1934, ch. 652, title VII, Sec. 702(a),
    (b), formerly title VI, Sec. 602(a), (b), 48 Stat. 1102; May 20,
    1937, ch. 229, Sec. 15, 50 Stat. 197; Mar. 18, 1940, ch. 66, 54
    Stat. 54; renumbered title VII, Sec. 702(a), (b), Oct. 30, 1984,
    Pub. L. 98-549, Sec. 6(a), 98 Stat. 2804, repealed certain prior
    provisions relating to communications and directed Commission to
    study and report, not later than Jan. 1, 1941, on radio
    requirements necessary for ships navigating Great Lakes and inland
    waters of the United States.
      Section 603, act June 19, 1934, ch. 652, title VII, Sec. 703,
    formerly title VI, Sec. 603, 48 Stat. 1102; renumbered title VII,
    Sec. 703, Oct. 30, 1984, Pub. L. 98-549, Sec. 6(a), 98 Stat. 2804,
    related to transfers from Federal Radio Commission, Interstate
    Commerce Commission, and Postmaster General.

-End-

-CITE-
    47 USC Sec. 604                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 604. Effect of transfer

-STATUTE-
    (a) Orders, determinations, rules, regulations, permits, contracts,
      licenses, and privileges
      All orders, determinations, rules, regulations, permits,
    contracts, licenses, and privileges which have been issued, made,
    or granted by the Interstate Commerce Commission, the Federal Radio
    Commission, or the Postmaster General, under any provision of law
    repealed or amended by this chapter or in the exercise of duties,
    powers, or functions transferred to the Commission by this chapter,
    and which are in effect at the time this section takes effect,
    shall continue in effect until modified, terminated, superseded, or
    repealed by the Commission or by operation of law.
    (b) Availability of records
      All records transferred to the Commission under this chapter
    shall be available for use by the Commission to the same extent as
    if such records were originally records of the Commission. All
    final valuations and determinations of depreciation charges by the
    Interstate Commerce Commission with respect to common carriers
    engaged in radio or wire communication, and all orders of the
    Interstate Commerce Commission with respect to such valuations and
    determinations, shall have the same force and effect as though made
    by the Commission under this chapter.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 704, formerly title VI,
    Sec. 604, 48 Stat. 1103; renumbered title VII, Sec. 704, Pub. L. 98-
    549, Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804; amended Pub. L. 103-
    414, title III, Sec. 304(a)(14), Oct. 25, 1994, 108 Stat. 4297.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as
    amended, known as the Communications Act of 1934, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 609 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsecs. (b), (c). Pub. L. 103-414 redesignated subsec.
    (c) as (b) and struck out former subsec. (b) which read as follows:
    "Any proceeding, hearing, or investigation commenced or pending
    before the Federal Radio Commission, the Interstate Commerce
    Commission, or the Postmaster General, at the time of the
    organization of the Commission, shall be continued by the
    Commission in the same manner as though originally commenced before
    the Commission, if such proceeding, hearing, or investigation (1)
    involves the administration of duties, powers, and functions
    transferred to the Commission by this chapter, or (2) involves the
    exercise of jurisdiction similar to that granted to the Commission
    under the provisions of this chapter."
      Subsec. (d). Pub. L. 103-414, Sec. 303(a)(14)(A), struck out
    subsec. (d) which read as follows: "The provisions of this chapter
    shall not affect suits commenced prior to the date of the
    organization of the Commission; and all such suits shall be
    continued, proceedings therein had, appeals therein taken and
    judgments therein rendered, in the same manner and with the same
    effect as if this chapter had not been passed. No suit, action, or
    other proceeding lawfully commenced by or against any agency or
    officer of the United States, in relation to the discharge of
    official duties, shall abate by reason of any transfer of
    authority, power, and duties from such agency or officer to the
    Commission under the provisions of this chapter, but the court,
    upon motion or supplemental petition filed at any time within
    twelve months after such transfer, showing the necessity for a
    survival of such suit, action, or other proceeding to obtain a
    settlement of the questions involved, may allow the same to be
    maintained by or against the Commission."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Office of Postmaster General of Post Office Department abolished
    and functions, powers, and duties of Postmaster General transferred
    to United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug.
    12, 1970, 84 Stat. 773, set out as a note under section 201 of
    Title 39, Postal Service.

        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, to Surface Transportation Board effective Jan. 1, 1996, by
    section 702 of Title 49, Transportation, and section 101 of Pub. L.
    104-88, set out as a note under section 701 of Title 49. References
    to Interstate Commerce Commission deemed to refer to Surface
    Transportation Board, a member or employee of the Board, or
    Secretary of Transportation, as appropriate, see section 205 of
    Pub. L. 104-88, set out as a note under section 701 of Title 49.

-End-

-CITE-
    47 USC Sec. 605                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 605. Unauthorized publication or use of communications

-STATUTE-
    (a) Practices prohibited
      Except as authorized by chapter 119, title 18, no person
    receiving, assisting in receiving, transmitting, or assisting in
    transmitting, any interstate or foreign communication by wire or
    radio shall divulge or publish the existence, contents, substance,
    purport, effect, or meaning thereof, except through authorized
    channels of transmission or reception, (1) to any person other than
    the addressee, his agent, or attorney, (2) to a person employed or
    authorized to forward such communication to its destination, (3) to
    proper accounting or distributing officers of the various
    communicating centers over which the communication may be passed,
    (4) to the master of a ship under whom he is serving, (5) in
    response to a subpena issued by a court of competent jurisdiction,
    or (6) on demand of other lawful authority. No person not being
    authorized by the sender shall intercept any radio communication
    and divulge or publish the existence, contents, substance, purport,
    effect, or meaning of such intercepted communication to any person.
    No person not being entitled thereto shall receive or assist in
    receiving any interstate or foreign communication by radio and use
    such communication (or any information therein contained) for his
    own benefit or for the benefit of another not entitled thereto. No
    person having received any intercepted radio communication or
    having become acquainted with the contents, substance, purport,
    effect, or meaning of such communication (or any part thereof)
    knowing that such communication was intercepted, shall divulge or
    publish the existence, contents, substance, purport, effect, or
    meaning of such communication (or any part thereof) or use such
    communication (or any information therein contained) for his own
    benefit or for the benefit of another not entitled thereto. This
    section shall not apply to the receiving, divulging, publishing, or
    utilizing the contents of any radio communication which is
    transmitted by any station for the use of the general public, which
    relates to ships, aircraft, vehicles, or persons in distress, or
    which is transmitted by an amateur radio station operator or by a
    citizens band radio operator.
    (b) Exceptions
      The provisions of subsection (a) of this section shall not apply
    to the interception or receipt by any individual, or the assisting
    (including the manufacture or sale) of such interception or
    receipt, of any satellite cable programming for private viewing if -
     
        (1) the programming involved is not encrypted; and
        (2)(A) a marketing system is not established under which - 
          (i) an agent or agents have been lawfully designated for the
        purpose of authorizing private viewing by individuals, and
          (ii) such authorization is available to the individual
        involved from the appropriate agent or agents; or

        (B) a marketing system described in subparagraph (A) is
      established and the individuals receiving such programming has
      obtained authorization for private viewing under that system.
    (c) Scrambling of Public Broadcasting Service programming
      No person shall encrypt or continue to encrypt satellite
    delivered programs included in the National Program Service of the
    Public Broadcasting Service and intended for public viewing by
    retransmission by television broadcast stations; except that as
    long as at least one unencrypted satellite transmission of any
    program subject to this subsection is provided, this subsection
    shall not prohibit additional encrypted satellite transmissions of
    the same program.
    (d) Definitions
      For purposes of this section - 
        (1) the term "satellite cable programming" means video
      programming which is transmitted via satellite and which is
      primarily intended for the direct receipt by cable operators for
      their retransmission to cable subscribers;
        (2) the term "agent", with respect to any person, includes an
      employee of such person;
        (3) the term "encrypt", when used with respect to satellite
      cable programming, means to transmit such programming in a form
      whereby the aural and visual characteristics (or both) are
      modified or altered for the purpose of preventing the
      unauthorized receipt of such programming by persons without
      authorized equipment which is designed to eliminate the effects
      of such modification or alteration;
        (4) the term "private viewing" means the viewing for private
      use in an individual's dwelling unit by means of equipment, owned
      or operated by such individual, capable of receiving satellite
      cable programming directly from a satellite;
        (5) the term "private financial gain" shall not include the
      gain resulting to any individual for the private use in such
      individual's dwelling unit of any programming for which the
      individual has not obtained authorization for that use; and
        (6) the term "any person aggrieved" shall include any person
      with proprietary rights in the intercepted communication by wire
      or radio, including wholesale or retail distributors of satellite
      cable programming, and, in the case of a violation of paragraph
      (4) of subsection (e) of this section, shall also include any
      person engaged in the lawful manufacture, distribution, or sale
      of equipment necessary to authorize or receive satellite cable
      programming.
    (e) Penalties; civil actions; remedies; attorney's fees and costs;
      computation of damages; regulation by State and local authorities
      (1) Any person who willfully violates subsection (a) of this
    section shall be fined not more than $2,000 or imprisoned for not
    more than 6 months, or both.
      (2) Any person who violates subsection (a) of this section
    willfully and for purposes of direct or indirect commercial
    advantage or private financial gain shall be fined not more than
    $50,000 or imprisoned for not more than 2 years, or both, for the
    first such conviction and shall be fined not more than $100,000 or
    imprisoned for not more than 5 years, or both, for any subsequent
    conviction.
      (3)(A) Any person aggrieved by any violation of subsection (a) of
    this section or paragraph (4) of this subsection may bring a civil
    action in a United States district court or in any other court of
    competent jurisdiction.
      (B) The court - 
        (i) may grant temporary and final injunctions on such terms as
      it may deem reasonable to prevent or restrain violations of
      subsection (a) of this section;
        (ii) may award damages as described in subparagraph (C); and
        (iii) shall direct the recovery of full costs, including
      awarding reasonable attorneys' fees to an aggrieved party who
      prevails.

      (C)(i) Damages awarded by any court under this section shall be
    computed, at the election of the aggrieved party, in accordance
    with either of the following subclauses;
        (I) the party aggrieved may recover the actual damages suffered
      by him as a result of the violation and any profits of the
      violator that are attributable to the violation which are not
      taken into account in computing the actual damages; in
      determining the violator's profits, the party aggrieved shall be
      required to prove only the violator's gross revenue, and the
      violator shall be required to prove his deductible expenses and
      the elements of profit attributable to factors other than the
      violation; or
        (II) the party aggrieved may recover an award of statutory
      damages for each violation of subsection (a) of this section
      involved in the action in a sum of not less than $1,000 or more
      than $10,000, as the court considers just, and for each violation
      of paragraph (4) of this subsection involved in the action an
      aggrieved party may recover statutory damages in a sum not less
      than $10,000, or more than $100,000, as the court considers just.

      (ii) In any case in which the court finds that the violation was
    committed willfully and for purposes of direct or indirect
    commercial advantage or private financial gain, the court in its
    discretion may increase the award of damages, whether actual or
    statutory, by an amount of not more than $100,000 for each
    violation of subsection (a) of this section.
      (iii) In any case where the court finds that the violator was not
    aware and had no reason to believe that his acts constituted a
    violation of this section, the court in its discretion may reduce
    the award of damages to a sum of not less than $250.
      (4) Any person who manufactures, assembles, modifies, imports,
    exports, sells, or distributes any electronic, mechanical, or other
    device or equipment, knowing or having reason to know that the
    device or equipment is primarily of assistance in the unauthorized
    decryption of satellite cable programming, or direct-to-home
    satellite services, or is intended for any other activity
    prohibited by subsection (a) of this section, shall be fined not
    more than $500,000 for each violation, or imprisoned for not more
    than 5 years for each violation, or both. For purposes of all
    penalties and remedies established for violations of this
    paragraph, the prohibited activity established herein as it applies
    to each such device shall be deemed a separate violation.
      (5) The penalties under this subsection shall be in addition to
    those prescribed under any other provision of this subchapter.
      (6) Nothing in this subsection shall prevent any State, or
    political subdivision thereof, from enacting or enforcing any laws
    with respect to the importation, sale, manufacture, or distribution
    of equipment by any person with the intent of its use to assist in
    the interception or receipt of radio communications prohibited by
    subsection (a) of this section.
    (f) Rights, obligations, and liabilities under other laws
      unaffected
      Nothing in this section shall affect any right, obligation, or
    liability under title 17, any rule, regulation, or order
    thereunder, or any other applicable Federal, State, or local law.
    (g) Universal encryption standard
      The Commission shall initiate an inquiry concerning the need for
    a universal encryption standard that permits decryption of
    satellite cable programming intended for private viewing. In
    conducting such inquiry, the Commission shall take into account - 
        (1) consumer costs and benefits of any such standard, including
      consumer investment in equipment in operation;
        (2) incorporation of technological enhancements, including
      advanced television formats;
        (3) whether any such standard would effectively prevent present
      and future unauthorized decryption of satellite cable
      programming;
        (4) the costs and benefits of any such standard on other
      authorized users of encrypted satellite cable programming,
      including cable systems and satellite master antenna television
      systems;
        (5) the effect of any such standard on competition in the
      manufacture of decryption equipment; and
        (6) the impact of the time delay associated with the Commission
      procedures necessary for establishment of such standards.
    (h) Rulemaking for encryption standard
      If the Commission finds, based on the information gathered from
    the inquiry required by subsection (g) of this section, that a
    universal encryption standard is necessary and in the public
    interest, the Commission shall initiate a rulemaking to establish
    such a standard.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 705, formerly title VI,
    Sec. 605, 48 Stat. 1103; Pub. L. 90-351, title III, Sec. 803, June
    19, 1968, 82 Stat. 223; Pub. L. 97-259, title I, Sec. 126, Sept.
    13, 1982, 96 Stat. 1099; renumbered title VII, Sec. 705, and
    amended Pub. L. 98-549, Secs. 5(a), 6(a), Oct. 30, 1984, 98 Stat.
    2802, 2804; Pub. L. 100-626, Sec. 11, Nov. 7, 1988, 102 Stat. 3211;
    Pub. L. 100-667, title II, Secs. 204, 205, Nov. 16, 1988, 102 Stat.
    3958, 3959; Pub. L. 103-414, title III, Secs. 303(a)(25)-(28),
    304(a)(15), Oct. 25, 1994, 108 Stat. 4295-4297; Pub. L. 104-104,
    title II, Sec. 205(a), Feb. 8, 1996, 110 Stat. 114.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (e)(4). Pub. L. 104-104 inserted "or direct-to-
    home satellite services," after "programming,".
      1994 - Subsec. (d)(6). Pub. L. 103-414, Sec. 303(a)(25),
    substituted "subsection (e)" for "subsection (d)".
      Subsec. (e)(3)(A). Pub. L. 103-414, Sec. 303(a)(26), substituted
    "paragraph (4) of this subsection" for "paragraph (4) of subsection
    (d) of this section".
      Subsec. (f). Pub. L. 103-414, Sec. 303(a)(27), redesignated
    subsec. (f), relating to universal encryption standard, as (g).
      Subsec. (g). Pub. L. 103-414, Sec. 304(a)(15), which directed
    substitution of "The Commission" for "within 6 months after
    November 16, 1988, the Federal Communications Commission", was
    executed by making the substitution in text which read "Within 6
    months" rather than "within 6 months" in introductory provisions to
    reflect the probable intent of Congress.
      Pub. L. 103-414, Sec. 303(a)(27), redesignated subsec. (f),
    relating to universal encryption standard, as (g). Former subsec.
    (g) redesignated (h).
      Subsec. (h). Pub. L. 103-414, Sec. 303(a)(27), (28), redesignated
    subsec. (g) as (h) and substituted "subsection (g)" for "subsection
    (f)".
      1988 - Subsecs. (c), (d). Pub. L. 100-626 added subsec. (c) and
    redesignated former subsec. (c) as (d). Former subsec. (d)
    redesignated (e).
      Subsec. (d)(6). Pub. L. 100-667, Sec. 205(1), which directed the
    addition of par. (6) to subsec. (c), was executed to subsec. (d) to
    reflect the probable intent of Congress and the intervening
    redesignation of subsec. (c) as (d) by Pub. L. 100-626.
      Subsec. (e). Pub. L. 100-667, Sec. 205(2)-(12), which directed
    the amendment of subsec. (d)(1) to (4) of this section, was
    executed to subsec. (e)(1) to (4) of this section, see below, to
    reflect the probable intent of Congress and the intervening
    redesignation of subsec. (d) as (e) by Pub. L. 100-626.
      Pub. L. 100-626 redesignated subsec. (d) as (e). Former subsec.
    (e) redesignated (f).
      Subsec. (e)(1). Pub. L. 100-667, Sec. 205(2), substituted
    "$2,000" for "$1,000".
      Subsec. (e)(2). Pub. L. 100-667, Sec. 205(3), substituted
    "$50,000 or imprisoned for not more than 2 years, or both, for the
    first such conviction and shall be fined not more than $100,000 or
    imprisoned for not more than 5 years" for "$25,000 or imprisoned
    for not more than 1 year, or both, for the first such conviction
    and shall be fined not more than $50,000 or imprisoned for not more
    than 2 years".
      Subsec. (e)(3)(A). Pub. L. 100-667, Sec. 205(4), inserted "or
    paragraph (4) of subsection (d) of this section" before "may
    bring".
      Subsec. (e)(3)(B). Pub. L. 100-667, Sec. 205(5)-(8), struck out
    "may" after "The court" and substituted "may grant" for "grant" in
    cl. (i), "may award" for "award" in cl. (ii), and "shall direct"
    for "direct" in cl. (iii).
      Subsec. (e)(3)(C)(i)(II). Pub. L. 100-667, Sec. 205(9), inserted
    "of subsection (a) of this section" after "violation", substituted
    "$1,000" for "$250", and inserted before period at end ", and for
    each violation of paragraph (4) of this subsection involved in the
    action an aggrieved party may recover statutory damages in a sum
    not less than $10,000, or more than $100,000, as the court
    considers just".
      Subsec. (e)(3)(C)(ii). Pub. L. 100-667, Sec. 205(10), substituted
    "$100,000 for each violation of subsection (a) of this section" for
    "$50,000".
      Subsec. (e)(3)(C)(iii). Pub. L. 100-667, Sec. 205(11),
    substituted "$250" for "$100".
      Subsec. (e)(4). Pub. L. 100-667, Sec. 205(12), added par. (4) and
    struck out former par. (4) which read as follows: "The importation,
    manufacture, sale, or distribution of equipment by any person with
    the intent of its use to assist in any activity prohibited by
    subsection (a) of this section shall be subject to penalties and
    remedies under this subsection to the same extent and in the same
    manner as a person who has engaged in such prohibited activity."
      Subsec. (f). Pub. L. 100-667, Sec. 204, added subsec. (f)
    relating to universal encryption standard.
      Pub. L. 100-626 redesignated subsec. (e), relating to rights,
    obligations, and liabilities under other laws, as (f).
      Subsec. (g). Pub. L. 100-667, Sec. 204, added subsec. (g).
      1984 - Pub. L. 98-549, Sec. 5(a), designated existing provisions
    as subsec. (a) and added subsecs. (b) to (e).
      1982 - Pub. L. 97-259 struck out "broadcast or" after
    "communication which is", substituted "any station" for "amateurs
    or others", struck out "or" after "general public,", and
    substituted "ships, aircraft, vehicles, or persons in distress, or
    which is transmitted by an amateur radio station operator or by a
    citizens band radio operator" for "ships in distress".
      1968 - Pub. L. 90-351 inserted "Except as authorized by chapter
    119, title 18", designated existing provisions as cls. (1) to (6),
    inserted "radio" before "communication" in second and fourth
    sentences, struck out "wire or" before "radio" in third sentence,
    and substituted "intercepted" for "obtained" in fourth sentence.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-667 effective Jan. 1, 1989, see section
    206 of Pub. L. 100-667, set out as an Effective Date note under
    section 119 of Title 17, Copyrights.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 5(b) of Pub. L. 98-549 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect on
    the effective date of this Act [Dec. 29, 1984]."
      Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,
    1984, except where otherwise expressly provided, see section 9(a)
    of Pub. L. 98-549, set out as an Effective Date note under section
    521 of this title.

-End-

-CITE-
    47 USC Sec. 606                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 606. War powers of President

-STATUTE-
    (a) Priority communications
      During the continuance of a war in which the United States is
    engaged, the President is authorized, if he finds it necessary for
    the national defense and security, to direct that such
    communications as in his judgment may be essential to the national
    defense and security shall have preference or priority with any
    carrier subject to this chapter. He may give these directions at
    and for such times as he may determine, and may modify, change,
    suspend, or annul them and for any such purpose he is authorized to
    issue orders directly, or through such person or persons as he
    designates for the purpose, or through the Commission. Any carrier
    complying with any such order or direction for preference or
    priority herein authorized shall be exempt from any and all
    provisions in existing law imposing civil or criminal penalties,
    obligations, or liabilities upon carriers by reason of giving
    preference or priority in compliance with such order or direction.
    (b) Obstruction of interstate or foreign communications
      It shall be unlawful for any person during any war in which the
    United States is engaged to knowingly or willfully, by physical
    force or intimidation by threats of physical force, obstruct or
    retard or aid in obstructing or retarding interstate or foreign
    communication by radio or wire. The President is authorized,
    whenever in his judgment the public interest requires, to employ
    the armed forces of the United States to prevent any such
    obstruction or retardation of communication: Provided, That nothing
    in this section shall be construed to repeal, modify, or affect
    either section 17 of title 15 or section 52 of title 29.
    (c) Suspension or amendment of rules and regulations applicable to
      certain emission stations or devices
      Upon proclamation by the President that there exists war or a
    threat of war, or a state of public peril or disaster or other
    national emergency, or in order to preserve the neutrality of the
    United States, the President, if he deems it necessary in the
    interest of national security or defense, may suspend or amend, for
    such time as he may see fit, the rules and regulations applicable
    to any or all stations or devices capable of emitting
    electromagnetic radiations within the jurisdiction of the United
    States as prescribed by the Commission, and may cause the closing
    of any station for radio communication, or any device capable of
    emitting electromagnetic radiations between 10 kilocycles and
    100,000 megacycles, which is suitable for use as a navigational aid
    beyond five miles, and the removal therefrom of its apparatus and
    equipment, or he may authorize the use or control of any such
    station or device and/or its apparatus and equipment, by any
    department of the Government under such regulations as he may
    prescribe upon just compensation to the owners. The authority
    granted to the President, under this subsection, to cause the
    closing of any station or device and the removal therefrom of its
    apparatus and equipment, or to authorize the use or control of any
    station or device and/or its apparatus and equipment, may be
    exercised in the Canal Zone.
    (d) Suspension or amendment of rules and regulations applicable to
      wire communications; closing of facilities; Government use of
      facilities
      Upon proclamation by the President that there exists a state or
    threat of war involving the United States, the President, if he
    deems it necessary in the interest of the national security and
    defense, may, during a period ending not later than six months
    after the termination of such state or threat of war and not later
    than such earlier date as the Congress by concurrent resolution may
    designate, (1) suspend or amend the rules and regulations
    applicable to any or all facilities or stations for wire
    communication within the jurisdiction of the United States as
    prescribed by the Commission, (2) cause the closing of any facility
    or station for wire communication and the removal therefrom of its
    apparatus and equipment, or (3) authorize the use or control of any
    such facility or station and its apparatus and equipment by any
    department of the Government under such regulations as he may
    prescribe, upon just compensation to the owners.
    (e) Compensation
      The President shall ascertain the just compensation for such use
    or control and certify the amount ascertained to Congress for
    appropriation and payment to the person entitled thereto. If the
    amount so certified is unsatisfactory to the person entitled
    thereto, such person shall be paid only 75 per centum of the amount
    and shall be entitled to sue the United States to recover such
    further sum as added to such payment of 75 per centum will make
    such amount as will be just compensation for the use and control.
    Such suit shall be brought in the manner provided by section 1346
    or section 1491 of title 28.
    (f) Affect on State laws and powers
      Nothing in subsection (c) or (d) of this section shall be
    construed to amend, repeal, impair, or affect existing laws or
    powers of the States in relation to taxation or the lawful police
    regulations of the several States, except wherein such laws,
    powers, or regulations may affect the transmission of Government
    communications, or the issue of stocks and bonds by any
    communication system or systems.
    (g) Limitations upon Presidential power
      Nothing in subsection (c) or (d) of this section shall be
    construed to authorize the President to make any amendment to the
    rules and regulations of the Commission which the Commission would
    not be authorized by law to make; and nothing in subsection (d) of
    this section shall be construed to authorize the President to take
    any action the force and effect of which shall continue beyond the
    date after which taking of such action would not have been
    authorized.
    (h) Penalties
      Any person who willfully does or causes or suffers to be done any
    act prohibited pursuant to the exercise of the President's
    authority under this section, or who willfully fails to do any act
    which he is required to do pursuant to the exercise of the
    President's authority under this section, or who willfully causes
    or suffers such failure, shall, upon conviction thereof, be
    punished for such offense by a fine of not more than $1,000 or by
    imprisonment for not more than one year, or both, and, if a firm,
    partnership, association, or corporation, by fine of not more than
    $5,000, except that any person who commits such an offense with
    intent to injure the United States, or with intent to secure an
    advantage to any foreign nation, shall, upon conviction thereof, be
    punished by a fine of not more than $20,000 or by imprisonment for
    not more than 20 years, or both.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 706, formerly title VI,
    Sec. 606, 48 Stat. 1104; Jan. 26, 1942, ch. 18, Secs. 1, 2, 56
    Stat. 18; Dec. 29, 1942, ch. 836, 56 Stat. 1096; July 25, 1947, ch.
    327, Sec. 1, 61 Stat. 449; Oct. 24, 1951, ch. 553, Secs. 1, 2, 65
    Stat. 611; renumbered title VII, Sec. 706, Pub. L. 98-549, Sec.
    6(a), Oct. 30, 1984, 98 Stat. 2804.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (c), see
    section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-
                               CODIFICATION                           
      In subsec. (e), "section 1346 or section 1491 of title 28"
    substituted for "paragraph 20 of section 24 or by section 145, of
    the Judicial Code, as amended" (which were classified to sections
    41(20) and 250 of former Title 28, Judicial Code and Judiciary) on
    authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first
    section of which enacted Title 28, Judiciary and Judicial
    Procedure. Section 1346 of Title 28 sets forth the basic
    jurisdiction of the district courts in cases in which the United
    States is defendant. Section 1491 of Title 28 sets forth the basic
    jurisdiction of the United States Court of Claims. Sections 24(20)
    and 145 of the Judicial Code were also classified to sections 1496,
    1501, 1503, 2401, 2402, and 2501 of Title 28.

-MISC1-
                                AMENDMENTS                            
      1951 - Subsec. (c). Act Oct. 24, 1951, Sec. 1, clarified scope of
    President's powers to use, control, and close radio facilities of
    all kinds which might be useful to an enemy for navigational
    purposes.
      Subsec. (h). Act Oct. 24, 1951, Sec. 2, added subsec. (h).
      1947 - Subsec. (h). Act July 25, 1947, struck out subsec. (h)
    which related to modification of certain sections of this title
    until six months after termination of World War II for the
    protection of vessels in wartime.
      1942 - Subsecs. (d), (e). Act Jan. 26, 1942, Sec. 1, added
    subsec. (d) and redesignated former subsec. (d) as (e).
      Subsecs. (f), (g). Act Jan. 26, 1942, Sec. 2, added subsecs. (f)
    and (g).
      Subsec. (h). Act Dec. 29, 1942, added subsec. (h).

                    TERMINATION OF WAR AND EMERGENCIES                
      Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that
    in the interpretation of this section, the date July 25, 1947,
    shall be deemed to be the date of termination of any state of war
    theretofore declared by Congress and of the national emergencies
    proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

-EXEC-
                         EXECUTIVE ORDER NO. 8964                     
      Ex. Ord. No. 8964, eff. Dec. 10, 1941, 6 F.R. 6367, relating to
    the use and control of radio stations and preference or priority of
    communications was revoked by Ex. Ord. No. 9831, eff. Feb. 24,
    1947, 12 F.R. 1363.

         EX. ORD. NO. 9831. BOARD OF WAR COMMUNICATIONS ABOLISHED     
      Ex. Ord. No. 9831, eff. Feb. 24, 1947, 12 F.R. 1363, provided:
      By virtue of the authority vested in me by the Constitution and
    statutes, including the Communications Act of 1934 (48 Stat. 1104,
    as amended; 47 U.S.C. 606) and as President of the United States,
    and in the interest of the internal management of the Government,
    it is hereby ordered as follows:
      1. The Board of War Communications, established as the Defense
    Communications Board by Executive Order No. 8546 of September 24,
    1940, is abolished, and all property and records thereof are
    transferred to the Federal Communications Commission.
      2. Executive Orders Nos. 8546 of September 24, 1940, 8960 of
    December 6, 1941, 8964 of December 10, 1941, 9089 of March 6, 1942,
    and 9183 of June 15, 1942, are revoked.
                                                         Harry S Truman.

                         EXECUTIVE ORDER NO. 10312                     
      Ex. Ord. No. 10312, eff. Dec. 10, 1951, 16 F.R. 12452, as amended
    by Ex. Ord. No. 10438, eff. Mar. 13, 1953, 18 F.R. 1491; Ex. Ord.
    No. 10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,
    eff. Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, eff. Sept.
    27, 1962, 27 F.R. 9683, relating to delegation of authority to the
    Federal Communications Commission was revoked by Ex. Ord. No.
    11490, eff. Oct. 28, 1969, 34 F.R. 17567.

                         EXECUTIVE ORDER NO. 10705                     
      Ex. Ord. No. 10705, Apr. 17, 1957, 22 F.R. 2729, as amended by
    Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,
    Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27
    F.R. 9683; Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, which
    related to the delegation of authority to the Director of the
    Office of Telecommunications Policy, was revoked by Ex. Ord. No.
    12046, Mar. 27, 1978, 43 F.R. 13349, set out as a note under
    section 305 of this title.

-End-

-CITE-
    47 USC Sec. 607                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 607. Effective date of chapter

-STATUTE-
      This chapter shall take effect upon the organization of the
    Commission, except that this section and sections 151 and 154 of
    this title shall take effect July 1, 1934. The Commission shall be
    deemed to be organized upon such date as four members of the
    Commission have taken office.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 707, formerly title VI,
    Sec. 607, 48 Stat. 1105; renumbered title VII, Sec. 707, Pub. L. 98-
    549, Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as
    amended, known as the Communications Act of 1934, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 609 of this title and Tables.

-End-

-CITE-
    47 USC Sec. 608                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 608. Separability

-STATUTE-
      If any provision of this chapter or the application thereof to
    any person or circumstance is held invalid, the remainder of the
    chapter and the application of such provision to other persons or
    circumstances shall not be affected thereby.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 708, formerly title VI,
    Sec. 608, 48 Stat. 1105; renumbered title VII, Sec. 708, Pub. L. 98-
    549, Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804.)

-End-

-CITE-
    47 USC Sec. 609                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 609. Short title

-STATUTE-
      This chapter may be cited as the "Communications Act of 1934."

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 709, formerly title VI,
    Sec. 609, 48 Stat. 1105; renumbered title VII, Sec. 709, Pub. L. 98-
    549, Sec. 6(a), Oct. 30, 1984, 98 Stat. 2804.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as
    amended, known as the Communications Act of 1934, which enacted
    this chapter, amended section 35 of this title, section 21 of Title
    15, Commerce and Trade, section 487 of former Title 46, Shipping,
    and sections 1, 2, 5, and 15 of former Title 49, Transportation,
    and repealed sections 484 to 487 of former Title 46. For complete
    classification of this Act to the Code, see Tables.

-MISC1-
                       SHORT TITLE OF 2005 AMENDMENT                   
      Pub. L. 109-21, Sec. 1, July 9, 2005, 119 Stat. 359, provided
    that: "This Act [amending section 227 of this title and enacting
    provisions set out as a note under section 227 of this title] may
    be cited as the 'Junk Fax Prevention Act of 2005'."

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-435, Sec. 1, Dec. 3, 2004, 118 Stat. 2615, provided
    that: "This Act [enacting and amending provisions set out as notes
    under section 151 of this title] may be cited as the 'Internet Tax
    Nondiscrimination Act'."

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-195, Sec. 1, June 19, 2002, 116 Stat. 715, provided
    that: "This Act [amending section 309 of this title, enacting
    provisions set out as notes under sections 309 and 337 of this
    title, amending provisions set out as a note under section 337 of
    this title, and repealing provisions set out as a note under
    section 309 of this title] may be cited as the 'Auction Reform Act
    of 2002'."

                       SHORT TITLE OF 2001 AMENDMENT                   
      Pub. L. 107-75, Sec. 1, Nov. 28, 2001, 115 Stat. 703, provided
    that: "This Act [amending provisions set out as a note under
    section 151 of this title] may be cited as the 'Internet Tax
    Nondiscrimination Act'."

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1731],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that: "This
    subtitle [subtitle C (Secs. 1731-1733) of title XVII of div. B of
    H.R. 5666, as enacted by section 1(a)(4) of Pub. L. 106-554,
    amending section 254 of this title and enacting provisions set out
    as a note under section 254 of this title] may be cited as the
    'Neighborhood Children's Internet Protection Act'."

                      SHORT TITLE OF 1999 AMENDMENTS                  
      Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5008(a)],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-594, provided that: "This
    section [amending section 336 of this title and enacting provisions
    set out as a note under section 336 of this title] may be cited as
    the 'Community Broadcasters Protection Act of 1999'."
      Pub. L. 106-81, Sec. 1, Oct. 26, 1999, 113 Stat. 1286, provided
    that: "This Act [enacting sections 615 to 615b of this title,
    amending sections 222 and 251 of this title, and enacting
    provisions set out as a note under section 615 of this title] may
    be cited as the 'Wireless Communications and Public Safety Act of
    1999'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-277, div. C, title XIV, Sec. 1401, Oct. 21, 1998, 112
    Stat. 2681-736, provided that: "This title [enacting section 231 of
    this title, amending sections 223 and 230 of this title, and
    enacting provisions set out as notes under sections 223 and 231 of
    this title] may be cited as the 'Child Online Protection Act'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-104, Sec. 1(a), Feb. 8, 1996, 110 Stat. 56, provided
    that: "This Act [enacting sections 160, 161, 222, 230, 251 to 261,
    271 to 276, 336, 363, 549, 560, 561, 571 to 573, 613, and 614 of
    this title and section 79z-5c of Title 15, Commerce and Trade,
    amending sections 151, 153 to 155, 204, 208, 214, 220, 221, 223 to
    225, 228, 302a, 303, 305, 307 to 310, 312, 319, 330, 332, 360, 382,
    385, 402, 522, 531 to 534, 537, 541 to 544a, 548, 552, 556, 557,
    559, and 605 of this title, sections 18, 79, 79z-6, and 5714 of
    Title 15, and sections 1462, 1465, and 2422 of Title 18, Crimes and
    Criminal Procedure, and enacting provisions set out as notes under
    this section and sections 151 to 153, 156, 157, 204, 214, 223, 228,
    303, 308, 332, 534, 543, and 561 of this title and section 1462 of
    Title 18] may be cited as the 'Telecommunications Act of 1996'."
      Pub. L. 104-104, title V, Sec. 501, Feb. 8, 1996, 110 Stat. 133,
    provided that: "This title [enacting sections 230, 560, and 561 of
    this title, amending sections 223, 303, 330, 531, 532, and 559 of
    this title and sections 1462, 1465, and 2422 of Title 18, Crimes
    and Criminal Procedure, and enacting provisions set out as notes
    under sections 223, 303, and 561 of this title and section 1462 of
    Title 18] may be cited as the 'Communications Decency Act of
    1996'."

                      SHORT TITLE OF 1992 AMENDMENTS                  
      Pub. L. 102-385, Sec. 1, Oct. 5, 1992, 106 Stat. 1460, provided
    that: "This Act [enacting sections 334, 335, 534 to 537, 544a, 548,
    and 555a of this title, amending sections 325, 332, 522, 532, 533,
    541 to 544, 546, 551 to 555, and 558 of this title, and enacting
    provisions set out as notes under sections 325, 521, 531, 543, and
    554 of this title] may be cited as the 'Cable Television Consumer
    Protection and Competition Act of 1992'."
      Pub. L. 102-356, Sec. 1, Aug. 26, 1992, 106 Stat. 949, provided
    that: "This Act [amending sections 303b, 391, 393, and 396 of this
    title, enacting provisions set out as notes under sections 303 and
    396 of this title, and repealing provisions set out as a note under
    section 303 of this title] may be cited as the 'Public
    Telecommunications Act of 1992'."

                       SHORT TITLE OF 1991 AMENDMENT                   
      Pub. L. 102-243, Sec. 1, Dec. 20, 1991, 105 Stat. 2394, provided
    that: "This Act [enacting section 227 of this title, amending
    sections 152 and 331 of this title, and enacting provisions set out
    as notes under section 227 of this title] may be cited as the
    'Telephone Consumer Protection Act of 1991'."

                      SHORT TITLE OF 1990 AMENDMENTS                  
      Pub. L. 101-437, Sec. 1, Oct. 17, 1990, 104 Stat. 996, provided
    that: "This Act [enacting sections 303a, 303b, and 394 of this
    title, amending section 397 of this title, renumbering former
    section 394 of this title as section 393a, and enacting provisions
    set out as notes under this section and sections 303a and 394 of
    this title] may be cited as the 'Children's Television Act of
    1990'."
      Pub. L. 101-437, title II, Sec. 201, Oct. 17, 1990, 104 Stat.
    997, provided that: "This title [enacting section 394 of this
    title, amending section 397 of this title, renumbering former
    section 394 of this title as section 393a, and enacting provisions
    set out as a note under section 394 of this title] may be cited as
    the 'National Endowment for Children's Educational Television Act
    of 1990'."
      Pub. L. 101-435, Sec. 1, Oct. 17, 1990, 104 Stat. 986, provided
    that: "This Act [enacting section 226 of this title and provisions
    set out as a note under section 226 of this title] may be cited as
    the 'Telephone Operator Consumer Services Improvement Act of
    1990'."
      Pub. L. 101-431, Sec. 1, Oct. 15, 1990, 104 Stat. 960, provided
    that: "This Act [amending sections 303 and 330 of this title and
    enacting provisions set out as notes under section 303 of this
    title] may be cited as the 'Television Decoder Circuitry Act of
    1990'."
      Pub. L. 101-396, Sec. 1, Sept. 28, 1990, 104 Stat. 848, provided:
    "That this Act [enacting section 333 of this title, amending
    sections 154, 156, 203, 303, 310, and 503 of this title, and
    amending provisions set out as a note under section 154 of this
    title] may be cited as the 'Federal Communications Commission
    Authorization Act of 1990'."

                      SHORT TITLE OF 1988 AMENDMENTS                  
      Pub. L. 100-626, Sec. 1, Nov. 7, 1988, 102 Stat. 3207, provided
    that: "This Act [amending sections 391, 396, 398, 399, and 605 of
    this title and enacting provisions set out as notes under sections
    391 and 396 of this title] may be cited as the 'Public
    Telecommunications Act of 1988'."
      Pub. L. 100-594, Sec. 1, Nov. 3, 1988, 102 Stat. 3021, provided
    that: "This Act [amending sections 154 to 156, 158, 204, 208, and
    405 of this title and enacting provisions set out as notes under
    sections 154 and 156 of this title] may be cited as the 'Federal
    Communications Commission Authorization Act of 1988'."
      Pub. L. 100-394, Sec. 1, Aug. 16, 1988, 102 Stat. 976, provided:
    "That this Act [amending section 610 of this title and enacting
    provisions set out as a note under section 610 of this title] may
    be cited as the 'Hearing Aid Compatibility Act of 1988'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Pub. L. 98-549, Sec. 1(a), Oct. 30, 1984, 98 Stat. 2779, provided
    that: "This Act [enacting subchapter V-A of this chapter and
    section 611 of this title, amending sections 152, 224, 309, and 605
    of this title, section 2511 of Title 18, Crimes and Criminal
    Procedure, and section 1805 of Title 50, War and National Defense,
    and enacting provisions set out as notes under sections 521, 543,
    and 605 of this title] may be cited as the 'Cable Communications
    Policy Act of 1984'."

                      SHORT TITLE OF 1983 AMENDMENTS                  
      Pub. L. 98-214, Sec. 1, Dec. 8, 1983, 97 Stat. 1467, provided
    that: "This Act [enacting section 157 of this title, amending
    sections 154, 156, 223, 310, 316, 396, and 503 of this title, and
    enacting provisions set out as notes under sections 156, 223, and
    303 of this title] may be cited as the 'Federal Communications
    Commission Authorization Act of 1983'."
      Pub. L. 97-410, Sec. 1, Jan. 3, 1983, 96 Stat. 2043, provided:
    "That this Act [enacting section 610 of this title, amending
    section 734 of this title, enacting provisions set out as a note
    under section 610 of this title, and amending provisions set out as
    a note under section 396 of this title] may be cited as the
    'Telecommunications for the Disabled Act of 1982'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Pub. L. 97-259, title I, Sec. 101, Sept. 13, 1982, 96 Stat. 1087,
    provided that: "This title [enacting sections 332 and 510 of this
    title, amending sections 153, 154, 155, 224, 301, 302a, 303, 304,
    307, 309, 311, 312, 319, 402, 405, 408, 503, and 605 of this title
    and section 1114 of Title 18, Crimes and Criminal Procedure, and
    enacting provisions set out as a note under section 302a of this
    title] may be cited as the 'Communications Amendments Act of
    1982'."

                      SHORT TITLE OF 1981 AMENDMENTS                  
      Pub. L. 97-130, Sec. 1, Dec 29, 1981, 95 Stat. 1687, provided
    that: "This Act [amending section 222 of this title and section
    1017 of Title 45, Railroads, and enacting provisions set out as
    notes under section 222 of this title and section 1017 of Title 45]
    may be referred to as the 'Record Carrier Competition Act of
    1981'."
      Pub. L. 97-35, title XII, Sec. 1221, Aug. 13, 1981, 95 Stat. 725,
    provided that: "This chapter [chapter 1 (Secs. 1221-1234) of
    subtitle B of title XII of Pub. L. 97-35, enacting sections 399a
    and 399b of this title, amending sections 391, 392, 396, 397, and
    399 of this title, and enacting provisions set out as notes under
    section 396 of this title] may be cited as the 'Public Broadcasting
    Amendments Act of 1981'."

                      SHORT TITLE OF 1978 AMENDMENTS                  
      Pub. L. 95-567, Sec. 1, Nov. 2, 1978, 92 Stat. 2405, provided:
    "That this Act [enacting section 395 of this title, amending
    sections 390 to 392, 393, 394, and 396 to 398 of this title,
    repealing sections 392a and 395 of this title, and enacting
    provisions set out as notes under sections 390, 392, and 396 of
    this title and section 5316 of Title 5, Government Organization and
    Employees] may be cited as the 'Public Telecommunications Financing
    Act of 1978'."
      Pub. L. 95-234, Sec. 1, Feb. 21, 1978, 92 Stat. 33, provided:
    "That this Act [enacting section 224 of this title, amending
    sections 152, 503, and 504 of this title, repealing section 510 of
    this title, and enacting provisions set out as a note under section
    152 of this title] may be cited as the 'Communications Act
    Amendments of 1978'."

                       SHORT TITLE OF 1976 AMENDMENT                   
      Pub. L. 94-309, Sec. 1, June 5, 1976, 90 Stat. 683, provided:
    "That this Act [enacting section 392a of this title and amending
    sections 390, 391, 392, 395, 397, and 399 of this title] may be
    cited as the 'Educational Broadcasting Facilities and
    Telecommunications Demonstration Act of 1976'."

                       SHORT TITLE OF 1975 AMENDMENT                   
      Pub. L. 94-192, Sec. 1, Dec. 31, 1975, 89 Stat. 1099, provided:
    "That this Act [amending sections 396 and 397 of this title] may be
    cited as the 'Public Broadcasting Financing Act of 1975'."

                       SHORT TITLE OF 1971 AMENDMENT                   
      Pub. L. 92-131, Sec. 1, Sept. 30, 1971, 85 Stat. 363, provided
    that: "This Act [amending section 410 of this title] may be cited
    as the 'Federal-State Communications Joint Board Act'."

                       SHORT TITLE OF 1970 AMENDMENT                   
      Pub. L. 91-437, Sec. 1, Oct. 7, 1970, 84 Stat. 888, provided:
    "That this Act [amending section 396 of this title] may be cited as
    the 'Public Broadcasting Financing Act of 1970'."

                       SHORT TITLE OF 1969 AMENDMENT                   
      Pub. L. 91-97, Sec. 1, Oct. 27, 1969, 83 Stat. 146, provided:
    "That this Act [amending sections 391 and 396 of this title] may be
    cited as the 'Educational Television and Radio Amendments of
    1969'."

                       SHORT TITLE OF 1967 AMENDMENT                   
      Pub. L. 90-129, Sec. 1, Nov. 7, 1967, 81 Stat. 365, provided:
    "That this Act [enacting sections 396, 398, and 399 of this title,
    amending sections 390 to 395 and 397 of this title, and enacting
    provisions set out as notes under sections 390 and 392 of this
    title] may be cited as the 'Public Broadcasting Act of 1967'."

                       SHORT TITLE OF 1960 AMENDMENT                   
      Pub. L. 86-752, Sec. 1, Sept. 13, 1960, 74 Stat. 889, provided
    that: "This Act [enacting sections 508 and 509 of this title,
    amending sections 154, 307, 309, 311, 312, 313, 317, 319, 405, 503,
    and 504 of this title, and enacting provisions set out as notes
    under sections 309 and 405 of this title] may be cited as the
    'Communications Act Amendments, 1960'."

                       SHORT TITLE OF 1952 AMENDMENT                   
      Act July 16, 1952, ch. 879, Sec. 1, 66 Stat. 711, provided that:
    "This Act [enacting section 1343 of Title 18, Crimes and Criminal
    Procedure, amending sections 153 to 155, 307 to 312, 315, 316, 319,
    402, 405, 409, and 410 of this title, and enacting provisions set
    out as notes under section 153 of this title] may be cited as the
    'Communications Act Amendments, 1952'."

-End-

-CITE-
    47 USC Sec. 610                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 610. Telephone service for disabled

-STATUTE-
    (a) Establishment of regulations
      The Commission shall establish such regulations as are necessary
    to ensure reasonable access to telephone service by persons with
    impaired hearing.
    (b) Hearing aid compatibility requirements
      (1) Except as provided in paragraphs (2) and (3), the Commission
    shall require that - 
        (A) all essential telephones, and
        (B) all telephones manufactured in the United States (other
      than for export) more than one year after August 16, 1988, or
      imported for use in the United States more than one year after
      August 16, 1988,

    provide internal means for effective use with hearing aids that are
    designed to be compatible with telephones which meet established
    technical standards for hearing aid compatibility.
      (2)(A) The initial regulations prescribed by the Commission under
    paragraph (1) of this subsection after August 16, 1988, shall
    exempt from the requirements established pursuant to paragraph
    (1)(B) of this subsection only - 
        (i) telephones used with public mobile services;
        (ii) telephones used with private radio services;
        (iii) cordless telephones; and
        (iv) secure telephones.

      (B) The exemption provided by such regulations for cordless
    telephones shall not apply with respect to cordless telephones
    manufactured or imported more than three years after August 16,
    1988.
      (C) The Commission shall periodically assess the appropriateness
    of continuing in effect the exemptions provided by such regulations
    for telephones used with public mobile services and telephones used
    with private radio services. The Commission shall revoke or
    otherwise limit any such exemption if the Commission determines
    that - 
        (i) such revocation or limitation is in the public interest;
        (ii) continuation of the exemption without such revocation or
      limitation would have an adverse effect on hearing-impaired
      individuals;
        (iii) compliance with the requirements of paragraph (1)(B) is
      technologically feasible for the telephones to which the
      exemption applies; and
        (iv) compliance with the requirements of paragraph (1)(B) would
      not increase costs to such an extent that the telephones to which
      the exemption applies could not be successfully marketed.

      (3) The Commission may, upon the application of any interested
    person, initiate a proceeding to waive the requirements of
    paragraph (1)(B) of this subsection with respect to new telephones,
    or telephones associated with a new technology or service. The
    Commission shall not grant such a waiver unless the Commission
    determines, on the basis of evidence in the record of such
    proceeding, that such telephones, or such technology or service,
    are in the public interest, and that (A) compliance with the
    requirements of paragraph (1)(B) is technologically infeasible, or
    (B) compliance with such requirements would increase the costs of
    the telephones, or of the technology or service, to such an extent
    that such telephones, technology, or service could not be
    successfully marketed. In any proceeding under this paragraph to
    grant a waiver from the requirements of paragraph (1)(B), the
    Commission shall consider the effect on hearing-impaired
    individuals of granting the waiver. The Commission shall
    periodically review and determine the continuing need for any
    waiver granted pursuant to this paragraph.
      (4) For purposes of this subsection - 
        (A) the term "essential telephones" means only coin-operated
      telephones, telephones provided for emergency use, and other
      telephones frequently needed for use by persons using such
      hearing aids;
        (B) the term "public mobile services" means air-to-ground
      radiotelephone services, cellular radio telecommunications
      services, offshore radio, rural radio service, public land mobile
      telephone service, and other common carrier radio communication
      services covered by part 22 of title 47 of the Code of Federal
      Regulations;
        (C) the term "private radio services" means private land mobile
      radio services and other communications services characterized by
      the Commission in its rules as private radio services; and
        (D) the term "secure telephones" means telephones that are
      approved by the United States Government for the transmission of
      classified or sensitive voice communications.
    (c) Technical standards
      The Commission shall establish or approve such technical
    standards as are required to enforce this section.
    (d) Labeling of packaging materials for equipment
      The Commission shall establish such requirements for the labeling
    of packaging materials for equipment as are needed to provide
    adequate information to consumers on the compatibility between
    telephones and hearing aids.
    (e) Costs and benefits; encouragement of use of currently available
      technology
      In any rulemaking to implement the provisions of this section,
    the Commission shall specifically consider the costs and benefits
    to all telephone users, including persons with and without hearing
    impairments. The Commission shall ensure that regulations adopted
    to implement this section encourage the use of currently available
    technology and do not discourage or impair the development of
    improved technology.
    (f) Periodic review of regulations; retrofitting
      The Commission shall periodically review the regulations
    established pursuant to this section. Except for coin-operated
    telephones and telephones provided for emergency use, the
    Commission may not require the retrofitting of equipment to achieve
    the purposes of this section.
    (g) Recovery of reasonable and prudent costs
      Any common carrier or connecting carrier may provide specialized
    terminal equipment needed by persons whose hearing, speech, vision,
    or mobility is impaired. The State commission may allow the carrier
    to recover in its tariffs for regulated service reasonable and
    prudent costs not charged directly to users of such equipment.
    (h) State enforcement
      The Commission shall delegate to each State commission the
    authority to enforce within such State compliance with the specific
    regulations that the Commission issues under subsections (a) and
    (b) of this section, conditioned upon the adoption and enforcement
    of such regulations by the State commission.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 710, formerly title VI,
    Sec. 610, as added Pub. L. 97-410, Sec. 3, Jan. 3, 1983, 96 Stat.
    2043; renumbered title VII, Sec. 710, Pub. L. 98-549, Sec. 6(a),
    Oct. 30, 1984, 98 Stat. 2804; amended Pub. L. 100-394, Sec. 3, Aug.
    16, 1988, 102 Stat. 976; Pub. L. 103-414, title III, Sec.
    304(a)(16), Oct. 25, 1994, 108 Stat. 4297.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (f). Pub. L. 103-414 substituted "The Commission"
    for "The Commission shall complete rulemaking actions required by
    this section and issue specific and detailed rules and regulations
    resulting therefrom within one year after January 3, 1983. The
    Commission shall complete rulemaking actions required to implement
    the amendments made by the Hearing Aid Compatibility Act of 1988
    within nine months after August 16, 1988. Thereafter, the
    Commission".
      1988 - Subsec. (b). Pub. L. 100-394, Sec. 3(a), amended subsec.
    (b) generally. Prior to amendment, subsec. (b) read as follows:
    "The Commission shall require that essential telephones provide
    internal means for effective use with hearing aids that are
    specially designed for telephone use. For purposes of this
    subsection, the term 'essential telephones' means only coin-
    operated telephones, telephones provided for emergency use, and
    other telephones frequently needed for use by persons using such
    hearing aids."
      Subsec. (f). Pub. L. 100-394, Sec. 3(b), substituted "The
    Commission shall complete rulemaking actions required to implement
    the amendments made by the Hearing Aid Compatibility Act of 1988
    within nine months after August 16, 1988. Thereafter, the
    Commission shall periodically review the regulations established
    pursuant to this section." for "Thereafter the Commission shall
    periodically review such rules and regulations."

                 CONGRESSIONAL FINDINGS FOR 1988 AMENDMENT             
      Section 2 of Pub. L. 100-394 provided that: "The Congress finds
    that - 
        "(1) to the fullest extent made possible by technology and
      medical science, hearing-impaired persons should have equal
      access to the national telecommunications network;
        "(2) present technology provides effective coupling of
      telephones to hearing aids used by some severely hearing-impaired
      persons for communicating by voice telephone;
        "(3) anticipated improvements in both telephone and hearing aid
      technologies promise greater access in the future; and
        "(4) universal telephone service for hearing-impaired persons
      will lead to greater employment opportunities and increased
      productivity."

                          CONGRESSIONAL FINDINGS                      
      Section 2 of Pub. L. 97-410 provided that: "The Congress finds
    that - 
        "(1) all persons should have available the best telephone
      service which is technologically and economically feasible;
        "(2) currently available technology is capable of providing
      telephone service to some individuals who, because of hearing
      impairments, require telephone reception by means of hearing aids
      with induction coils, or other inductive receptors;
        "(3) the lack of technical standards ensuring compatibility
      between hearing aids and telephones has prevented receipt of the
      best telephone service which is technologically and economically
      feasible; and
        "(4) adoption of technical standards is required in order to
      ensure compatibility between telephones and hearing aids, thereby
      accommodating the needs of individuals with hearing impairments."

-End-

-CITE-
    47 USC Sec. 611                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 611. Closed-captioning of public service announcements

-STATUTE-
      Any television public service announcement that is produced or
    funded in whole or in part by any agency or instrumentality of
    Federal Government shall include closed captioning of the verbal
    content of such announcement. A television broadcast station
    licensee - 
        (1) shall not be required to supply closed captioning for any
      such announcement that fails to include it; and
        (2) shall not be liable for broadcasting any such announcement
      without transmitting a closed caption unless the licensee
      intentionally fails to transmit the closed caption that was
      included with the announcement.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 711, as added Pub. L. 98-
    549, Sec. 8, Oct. 30, 1984, 98 Stat. 2804; amended Pub. L. 101-
    336, title IV, Sec. 402, July 26, 1990, 104 Stat. 369.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-336 amended section generally, substituting
    provisions relating to closed-captioning of public service
    announcements for provisions relating to establishment, functions,
    composition, etc., of Telecommunications Policy Study Commission.

                              EFFECTIVE DATE                          
      Section effective 60 days after Oct. 30, 1984, except where
    otherwise expressly provided, see section 9(a) of Pub. L. 98-549,
    set out as a note under section 521 of this title.

-End-

-CITE-
    47 USC Sec. 612                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 612. Syndicated exclusivity

-STATUTE-
      (a) The Federal Communications Commission shall initiate a
    combined inquiry and rulemaking proceeding for the purpose of - 
        (1) determining the feasibility of imposing syndicated
      exclusivity rules with respect to the delivery of syndicated
      programming (as defined by the Commission) for private home
      viewing of secondary transmissions by satellite of broadcast
      station signals similar to the rules issued by the Commission
      with respect to syndicated exclusivity and cable television; and
        (2) adopting such rules if the Commission considers the
      imposition of such rules to be feasible.

      (b) In the event that the Commission adopts such rules, any
    willful and repeated secondary transmission made by a satellite
    carrier to the public of a primary transmission embodying the
    performance or display of a work which violates such Commission
    rules shall be subject to the remedies, sanctions, and penalties
    provided by subchapter V of this chapter and section 605 of this
    title.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 712, as added Pub. L. 100-
    667, title II, Sec. 203, Nov. 16, 1988, 102 Stat. 3958; amended
    Pub. L. 103-414, title III, Sec. 304(a)(17), Oct. 25, 1994, 108
    Stat. 4297.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-414 struck out ", within 120 days
    after January 1, 1989," after "The Federal Communications
    Commission shall".

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1989, see section 206 of Pub. L. 100-
    667, set out as a note under section 119 of Title 17, Copyrights.

-End-

-CITE-
    47 USC Sec. 613                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 613. Video programming accessibility

-STATUTE-
    (a) Commission inquiry
      Within 180 days after February 8, 1996, the Federal
    Communications Commission shall complete an inquiry to ascertain
    the level at which video programming is closed captioned. Such
    inquiry shall examine the extent to which existing or previously
    published programming is closed captioned, the size of the video
    programming provider or programming owner providing closed
    captioning, the size of the market served, the relative audience
    shares achieved, or any other related factors. The Commission shall
    submit to the Congress a report on the results of such inquiry.
    (b) Accountability criteria
      Within 18 months after February 8, 1996, the Commission shall
    prescribe such regulations as are necessary to implement this
    section. Such regulations shall ensure that - 
        (1) video programming first published or exhibited after the
      effective date of such regulations is fully accessible through
      the provision of closed captions, except as provided in
      subsection (d) of this section; and
        (2) video programming providers or owners maximize the
      accessibility of video programming first published or exhibited
      prior to the effective date of such regulations through the
      provision of closed captions, except as provided in subsection
      (d) of this section.
    (c) Deadlines for captioning
      Such regulations shall include an appropriate schedule of
    deadlines for the provision of closed captioning of video
    programming.
    (d) Exemptions
      Notwithstanding subsection (b) of this section - 
        (1) the Commission may exempt by regulation programs, classes
      of programs, or services for which the Commission has determined
      that the provision of closed captioning would be economically
      burdensome to the provider or owner of such programming;
        (2) a provider of video programming or the owner of any program
      carried by the provider shall not be obligated to supply closed
      captions if such action would be inconsistent with contracts in
      effect on February 8, 1996, except that nothing in this section
      shall be construed to relieve a video programming provider of its
      obligations to provide services required by Federal law; and
        (3) a provider of video programming or program owner may
      petition the Commission for an exemption from the requirements of
      this section, and the Commission may grant such petition upon a
      showing that the requirements contained in this section would
      result in an undue burden.
    (e) Undue burden
      The term "undue burden" means significant difficulty or expense.
    In determining whether the closed captions necessary to comply with
    the requirements of this paragraph would result in an undue
    economic burden, the factors to be considered include - 
        (1) the nature and cost of the closed captions for the
      programming;
        (2) the impact on the operation of the provider or program
      owner;
        (3) the financial resources of the provider or program owner;
      and
        (4) the type of operations of the provider or program owner.
    (f) Video descriptions inquiry
      Within 6 months after February 8, 1996, the Commission shall
    commence an inquiry to examine the use of video descriptions on
    video programming in order to ensure the accessibility of video
    programming to persons with visual impairments, and report to
    Congress on its findings. The Commission's report shall assess
    appropriate methods and schedules for phasing video descriptions
    into the marketplace, technical and quality standards for video
    descriptions, a definition of programming for which video
    descriptions would apply, and other technical and legal issues that
    the Commission deems appropriate.
    (g) Video description
      For purposes of this section, "video description" means the
    insertion of audio narrated descriptions of a television program's
    key visual elements into natural pauses between the program's
    dialogue.
    (h) Private rights of actions prohibited
      Nothing in this section shall be construed to authorize any
    private right of action to enforce any requirement of this section
    or any regulation thereunder. The Commission shall have exclusive
    jurisdiction with respect to any complaint under this section.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 713, as added Pub. L. 104-
    104, title III, Sec. 305, Feb. 8, 1996, 110 Stat. 126.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 613, act June 19, 1934, ch. 652, title VII, Sec.
    713, as added Nov. 16, 1988, Pub. L. 100-667, title II, Sec. 203,
    102 Stat. 3958, related to report to Congress on discrimination,
    prior to repeal by Pub. L. 103-414, title III, Sec. 304(a)(18),
    Oct. 25, 1994, 108 Stat. 4297.

-End-

-CITE-
    47 USC Sec. 614                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 614. Telecommunications Development Fund

-STATUTE-
    (a) Purpose of section
      It is the purpose of this section - 
        (1) to promote access to capital for small businesses in order
      to enhance competition in the telecommunications industry;
        (2) to stimulate new technology development, and promote
      employment and training; and
        (3) to support universal service and promote delivery of
      telecommunications services to underserved rural and urban areas.
    (b) Establishment of Fund
      There is hereby established a body corporate to be known as the
    Telecommunications Development Fund, which shall have succession
    until dissolved. The Fund shall maintain its principal office in
    the District of Columbia and shall be deemed, for purposes of venue
    and jurisdiction in civil actions, to be a resident and citizen
    thereof.
    (c) Board of Directors
      (1) Composition of Board; Chairman
        The Fund shall have a Board of Directors which shall consist of
      7 persons appointed by the Chairman of the Commission. Four of
      such directors shall be representative of the private sector and
      three of such directors shall be representative of the
      Commission, the Small Business Administration, and the Department
      of the Treasury, respectively. The Chairman of the Commission
      shall appoint one of the representatives of the private sector to
      serve as chairman of the Fund within 30 days after February 8,
      1996, in order to facilitate rapid creation and implementation of
      the Fund. The directors shall include members with experience in
      a number of the following areas: finance, investment banking,
      government banking, communications law and administrative
      practice, and public policy.
      (2) Terms of appointed and elected members
        The directors shall be eligible to serve for terms of 5 years,
      except of the initial members, as designated at the time of their
      appointment - 
          (A) 1 shall be eligible to service for a term of 1 year;
          (B) 1 shall be eligible to service for a term of 2 years;
          (C) 1 shall be eligible to service for a term of 3 years;
          (D) 2 shall be eligible to service for a term of 4 years; and
          (E) 2 shall be eligible to service for a term of 5 years (1
        of whom shall be the Chairman).

      Directors may continue to serve until their successors have been
      appointed and have qualified.
      (3) Meetings and functions of the Board
        The Board of Directors shall meet at the call of its Chairman,
      but at least quarterly. The Board shall determine the general
      policies which shall govern the operations of the Fund. The
      Chairman of the Board shall, with the approval of the Board,
      select, appoint, and compensate qualified persons to fill the
      offices as may be provided for in the bylaws, with such
      functions, powers, and duties as may be prescribed by the bylaws
      or by the Board of Directors, and such persons shall be the
      officers of the Fund and shall discharge all such functions,
      powers, and duties.
    (d) Accounts of Fund
      The Fund shall maintain its accounts at a financial institution
    designated for purposes of this section by the Chairman of the
    Board (after consultation with the Commission and the Secretary of
    the Treasury). The accounts of the Fund shall consist of - 
        (1) interest transferred pursuant to section 309(j)(8)(C) of
      this title;
        (2) such sums as may be appropriated to the Commission for
      advances to the Fund;
        (3) any contributions or donations to the Fund that are
      accepted by the Fund; and
        (4) any repayment of, or other payment made with respect to,
      loans, equity, or other extensions of credit made from the Fund.
    (e) Use of Fund
      All moneys deposited into the accounts of the Fund shall be used
    solely for - 
        (1) the making of loans, investments, or other extensions of
      credits to eligible small businesses in accordance with
      subsection (f) of this section;
        (2) the provision of financial advice to eligible small
      businesses;
        (3) expenses for the administration and management of the Fund
      (including salaries, expenses, and the rental or purchase of
      office space for the fund); (!1)

        (4) preparation of research, studies, or financial analyses;
      and
        (5) other services consistent with the purposes of this
      section.
    (f) Lending and credit operations
      Loans or other extensions of credit from the Fund shall be made
    available to an eligible small business on the basis of - 
        (1) the analysis of the business plan of the eligible small
      business;
        (2) the reasonable availability of collateral to secure the
      loan or credit extension;
        (3) the extent to which the loan or credit extension promotes
      the purposes of this section; and
        (4) other lending policies as defined by the Board.
    (g) Return of advances
      Any advances appropriated pursuant to subsection (d)(2) of this
    section shall be disbursed upon such terms and conditions
    (including conditions relating to the time or times of repayment)
    as are specified in any appropriations Act providing such advances.
    (h) General corporate powers
      The Fund shall have power - 
        (1) to sue and be sued, complain and defend, in its corporate
      name and through its own counsel;
        (2) to adopt, alter, and use the corporate seal, which shall be
      judicially noticed;
        (3) to adopt, amend, and repeal by its Board of Directors,
      bylaws, rules, and regulations as may be necessary for the
      conduct of its business;
        (4) to conduct its business, carry on its operations, and have
      officers and exercise the power granted by this section in any
      State without regard to any qualification or similar statute in
      any State;
        (5) to lease, purchase, or otherwise acquire, own, hold,
      improve, use, or otherwise deal in and with any property, real,
      personal, or mixed, or any interest therein, wherever situated,
      for the purposes of the Fund;
        (6) to accept gifts or donations of services, or of property,
      real, personal, or mixed, tangible or intangible, in aid of any
      of the purposes of the Fund;
        (7) to sell, convey, mortgage, pledge, lease, exchange, and
      otherwise dispose of its property and assets;
        (8) to appoint such officers, attorneys, employees, and agents
      as may be required, to determine their qualifications, to define
      their duties, to fix their salaries, require bonds for them, and
      fix the penalty thereof; and
        (9) to enter into contracts, to execute instruments, to incur
      liabilities, to make loans and equity investment, and to do all
      things as are necessary or incidental to the proper management of
      its affairs and the proper conduct of its business.
    (i) Accounting, auditing, and reporting
      The accounts of the Fund shall be audited annually. Such audits
    shall be conducted in accordance with generally accepted auditing
    standards by independent certified public accountants. A report of
    each such audit shall be furnished to the Secretary of the Treasury
    and the Commission. The representatives of the Secretary and the
    Commission shall have access to all books, accounts, financial
    records, reports, files, and all other papers, things, or property
    belonging to or in use by the Fund and necessary to facilitate the
    audit.
    (j) Report on audits by Treasury
      A report of each such audit for a fiscal year shall be made by
    the Secretary of the Treasury to the President and to the Congress
    not later than 6 months following the close of such fiscal year.
    The report shall set forth the scope of the audit and shall include
    a statement of assets and liabilities, capital and surplus or
    deficit; a statement of surplus or deficit analysis; a statement of
    income and expense; a statement of sources and application of
    funds; and such comments and information as may be deemed necessary
    to keep the President and the Congress informed of the operations
    and financial condition of the Fund, together with such
    recommendations with respect thereto as the Secretary may deem
    advisable.
    (k) Definitions
      As used in this section:
      (1) Eligible small business
        The term "eligible small business" means business enterprises
      engaged in the telecommunications industry that have $50,000,000
      or less in annual revenues, on average over the past 3 years
      prior to submitting the application under this section.
      (2) Fund
        The term "Fund" means the Telecommunications Development Fund
      established pursuant to this section.
      (3) Telecommunications industry
        The term "telecommunications industry" means communications
      businesses using regulated or unregulated facilities or services
      and includes broadcasting, telecommunications, cable, computer,
      data transmission, software, programming, advanced messaging, and
      electronics businesses.

-SOURCE-
    (June 19, 1934, ch. 652, title VII, Sec. 714, as added Pub. L. 104-
    104, title VII, Sec. 707(b), Feb. 8, 1996, 110 Stat. 154; amended
    Pub. L. 108-494, title II, Sec. 205, Dec. 23, 2004, 118 Stat.
    3996.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (f). Pub. L. 108-494 reenacted heading without
    change and amended text generally. Prior to amendment, text read as
    follows: "Loans or other extensions of credit from the Fund shall
    be made available in accordance with the requirements of the
    Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) and any
    other applicable law to an eligible small business on the basis of -
     
        "(1) the analysis of the business plan of the eligible small
      business;
        "(2) the reasonable availability of collateral to secure the
      loan or credit extension;
        "(3) the extent to which the loan or credit extension promotes
      the purposes of this section; and
        "(4) other lending policies as defined by the Board."

-FOOTNOTE-               

    (!1) So in original. Probably should be "Fund);".

-End-

-CITE-
    47 USC Sec. 615                                             01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 615. Support for universal emergency telephone number

-STATUTE-
      The Federal Communications Commission shall encourage and support
    efforts by States to deploy comprehensive end-to-end emergency
    communications infrastructure and programs, based on coordinated
    statewide plans, including seamless, ubiquitous, reliable wireless
    telecommunications networks and enhanced wireless 9-1-1 service. In
    encouraging and supporting that deployment, the Commission shall
    consult and cooperate with State and local officials responsible
    for emergency services and public safety, the telecommunications
    industry (specifically including the cellular and other wireless
    telecommunications service providers), the motor vehicle
    manufacturing industry, emergency medical service providers and
    emergency dispatch providers, transportation officials, special 9-1-
    1 districts, public safety, fire service and law enforcement
    officials, consumer groups, and hospital emergency and trauma care
    personnel (including emergency physicians, trauma surgeons, and
    nurses). The Commission shall encourage each State to develop and
    implement coordinated statewide deployment plans, through an entity
    designated by the governor, and to include representatives of the
    foregoing organizations and entities in development and
    implementation of such plans. Nothing in this section shall be
    construed to authorize or require the Commission to impose
    obligations or costs on any person.

-SOURCE-
    (Pub. L. 106-81, Sec. 3(b), Oct. 26, 1999, 113 Stat. 1287.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Wireless Communications and
    Public Safety Act of 1999, and not as part of the Communications
    Act of 1934 which comprises this chapter.

-MISC1-
                           FINDINGS AND PURPOSE                       
      Pub. L. 106-81, Sec. 2, Oct. 26, 1999, 113 Stat. 1286, provided
    that:
      "(a) Findings. - The Congress finds that - 
        "(1) the establishment and maintenance of an end-to-end
      communications infrastructure among members of the public,
      emergency safety, fire service and law enforcement officials,
      emergency dispatch providers, transportation officials, and
      hospital emergency and trauma care facilities will reduce
      response times for the delivery of emergency care, assist in
      delivering appropriate care, and thereby prevent fatalities,
      substantially reduce the severity and extent of injuries, reduce
      time lost from work, and save thousands of lives and billions of
      dollars in health care costs;
        "(2) the rapid, efficient deployment of emergency
      telecommunications service requires statewide coordination of the
      efforts of local public safety, fire service and law enforcement
      officials, emergency dispatch providers, and transportation
      officials; the establishment of sources of adequate funding for
      carrier and public safety, fire service and law enforcement
      agency technology development and deployment; the coordination
      and integration of emergency communications with traffic control
      and management systems and the designation of 9-1-1 as the number
      to call in emergencies throughout the Nation;
        "(3) emerging technologies can be a critical component of the
      end-to-end communications infrastructure connecting the public
      with emergency medical service providers and emergency dispatch
      providers, public safety, fire service and law enforcement
      officials, and hospital emergency and trauma care facilities, to
      reduce emergency response times and provide appropriate care;
        "(4) improved public safety remains an important public health
      objective of Federal, State, and local governments and
      substantially facilitates interstate and foreign commerce;
        "(5) emergency care systems, particularly in rural areas of the
      Nation, will improve with the enabling of prompt notification of
      emergency services when motor vehicle crashes occur; and
        "(6) the construction and operation of seamless, ubiquitous,
      and reliable wireless telecommunications systems promote public
      safety and provide immediate and critical communications links
      among members of the public; emergency medical service providers
      and emergency dispatch providers; public safety, fire service and
      law enforcement officials; transportation officials, and hospital
      emergency and trauma care facilities.
      "(b) Purpose. - The purpose of this Act [see Short Title of 1999
    Amendments note set out under section 609 of this title] is to
    encourage and facilitate the prompt deployment throughout the
    United States of a seamless, ubiquitous, and reliable end-to-end
    infrastructure for communications, including wireless
    communications, to meet the Nation's public safety and other
    communications needs."

-End-

-CITE-
    47 USC Sec. 615a                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 615a. Parity of protection for provision or use of wireless
      service

-STATUTE-
    (a) Provider parity
      A wireless carrier, and its officers, directors, employees,
    vendors, and agents, shall have immunity or other protection from
    liability in a State of a scope and extent that is not less than
    the scope and extent of immunity or other protection from liability
    that any local exchange company, and its officers, directors,
    employees, vendors, or agents, have under Federal and State law
    (whether through statute, judicial decision, tariffs filed by such
    local exchange company, or otherwise) applicable in such State,
    including in connection with an act or omission involving the
    release to a PSAP, emergency medical service provider or emergency
    dispatch provider, public safety, fire service or law enforcement
    official, or hospital emergency or trauma care facility of
    subscriber information related to emergency calls or emergency
    services.
    (b) User parity
      A person using wireless 9-1-1 service shall have immunity or
    other protection from liability of a scope and extent that is not
    less than the scope and extent of immunity or other protection from
    liability under applicable law in similar circumstances of a person
    using 9-1-1 service that is not wireless.
    (c) PSAP parity
      In matters related to wireless 9-1-1 communications, a PSAP, and
    its employees, vendors, agents, and authorizing government entity
    (if any) shall have immunity or other protection from liability of
    a scope and extent that is not less than the scope and extent of
    immunity or other protection from liability under applicable law
    accorded to such PSAP, employees, vendors, agents, and authorizing
    government entity, respectively, in matters related to 9-1-1
    communications that are not wireless.
    (d) Basis for enactment
      This section is enacted as an exercise of the enforcement power
    of the Congress under section 5 of the Fourteenth Amendment to the
    Constitution and the power of the Congress to regulate commerce
    with foreign nations, among the several States, and with Indian
    tribes.

-SOURCE-
    (Pub. L. 106-81, Sec. 4, Oct. 26, 1999, 113 Stat. 1288.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Wireless Communications and
    Public Safety Act of 1999, and not as part of the Communications
    Act of 1934 which comprises this chapter.

-End-

-CITE-
    47 USC Sec. 615b                                            01/02/2006

-EXPCITE-
    TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
    CHAPTER 5 - WIRE OR RADIO COMMUNICATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 615b. Definitions

-STATUTE-
      As used in this Act:
      (1) Secretary
        The term "Secretary" means the Secretary of Transportation.
      (2) State
        The term "State" means any of the several States, the District
      of Columbia, or any territory or possession of the United States.
      (3) Public safety answering point; PSAP
        The term "public safety answering point" or "PSAP" means a
      facility that has been designated to receive 9-1-1 calls and
      route them to emergency service personnel.
      (4) Wireless carrier
        The term "wireless carrier" means a provider of commercial
      mobile services or any other radio communications service that
      the Federal Communications Commission requires to provide
      wireless 9-1-1 service.
      (5) Enhanced wireless 9-1-1 service
        The term "enhanced wireless 9-1-1 service" means any enhanced 9-
      1-1 service so designated by the Federal Communications
      Commission in the proceeding entitled "Revision of the
      Commission's Rules to Ensure Compatibility with Enhanced 9-1-1
      Emergency Calling Systems" (CC Docket No. 94-102; RM-8143), or
      any successor proceeding.
      (6) Wireless 9-1-1 service
        The term "wireless 9-1-1 service" means any 9-1-1 service
      provided by a wireless carrier, including enhanced wireless 9-1-1
      service.
      (7) Emergency dispatch providers
        The term "emergency dispatch providers" shall include
      governmental and nongovernmental providers of emergency dispatch
      services.

-SOURCE-
    (Pub. L. 106-81, Sec. 6, Oct. 26, 1999, 113 Stat. 1289.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 106-81, Oct. 26, 1999,
    113 Stat. 1286, known as the Wireless Communications and Public
    Safety Act of 1999, which enacted sections 615 to 615b of this
    title, amended sections 222 and 251 of this title, and enacted
    provisions set out as notes under sections 609 and 615 of this
    title. For complete classification of this Act to the Code, see
    Short Title of 1999 Amendments note set out under section 609 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Wireless Communications and
    Public Safety Act of 1999, and not as part of the Communications
    Act of 1934 which comprises this chapter.

-End-