dreamproit/uscode huggingface dataset:
47 U.S.C. § 383 (TELECOMMUNICATIONS)
§ 383. Exemptions by Commission
The Commission shall exempt from the provisions of this part any vessel, or class of vessels, in the case of which the route or conditions of the voyage, or other conditions or circumstances, are such as to render a radio installation unreasonable, unnecessary, or ineffective, for the purposes of this chapter.
(June 19, 1934, ch. 652, title III, § 383, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(C), Oct. 25, 1994, 108 Stat. 4295.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, 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.
heading: Amendments
text: 1994—Pub. L. 103–414 inserted section catchline.
heading: Effective Date
text: Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title.
47 U.S.C. § 384 (TELECOMMUNICATIONS)
§ 384. Authority of Commission; operations, installations, and additional equipment
The Commission shall have authority with respect to any vessel subject to this part—
(1) to specify operating and technical conditions and characteristics including frequencies, emissions, power, communication capability and range, of installations required by reason of this part;
(2) to approve the details as to the location and manner of installation of the equipment required by this part or of equipment necessitated by reason of the purposes and requirements of this part;
(3) to approve installations, apparatus and spare parts necessary to comply with the purposes and requirements of this part;
(4) to prescribe such additional equipment as may be determined to be necessary to supplement that specified herein for the proper functioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress.
(June 19, 1934, ch. 652, title III, § 384, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(D), Oct. 25, 1994, 108 Stat. 4295.)
heading: Amendments
text: 1994—Pub. L. 103–414 inserted section catchline.
heading: Effective Date
text: Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title.
47 U.S.C. § 385 (TELECOMMUNICATIONS)
§ 385. Inspections
The Commission or an entity designated by the Commission shall make such inspections as may be necessary to insure compliance with the requirements of this part. In accordance with such other provisions of law as apply to Government contracts, the Commission may enter into contracts with any person for the purpose of carrying out such inspections and certifying compliance with those requirements, and may, as part of any such contract, allow any such person to accept reimbursement from the license holder for travel and expense costs of any employee conducting an inspection or certification.
(June 19, 1934, ch. 652, title III, § 385, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(E), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104–104, title IV, § 403(o), Feb. 8, 1996, 110 Stat. 132.)
heading: Amendments
text: 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.
heading: Effective Date
text: Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title.
47 U.S.C. § 386 (TELECOMMUNICATIONS)
§ 386. Forfeitures
The following forfeitures shall apply to this part in addition to penalties and forfeitures provided by subchapter V of this chapter:
(a) Any vessel of the United States that is navigated in violation of the provisions of this part or of the rules and regulations of the Commission made in pursuance thereof shall forfeit to the United States the sum of $5,000 recoverable by way of suit or libel. Each day during which such navigation occurs shall constitute a separate offense.
(b) Every willful failure on the part of the master of a vessel of the United States to enforce or to comply with the provisions of this part or the rules and regulations of the Commission made in pursuance thereof shall cause him to forfeit to the United States the sum of $1,000.
(June 19, 1934, ch. 652, title III, § 386, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 101–239, title III, § 3002(h), Dec. 19, 1989, 103 Stat. 2131; Pub. L. 103–414, title III, § 303(a)(20)(F), Oct. 25, 1994, 108 Stat. 4295.)
heading: Amendments
text: 1994—Pub. L. 103–414 inserted section catchline.
1989—Subsec. (a). Pub. L. 101–239, § 3002(h)(1), substituted “$5,000” for “$500”.
Subsec. (b). Pub. L. 101–239, § 3002(h)(2), substituted “$1,000” for “$100”.
heading: Effective Date
text: Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title.
47 U.S.C. § 392a (TELECOMMUNICATIONS)
§ 392a. Repealed. Pub. L. 95–567, title II, § 201, Nov. 2, 1978, 92 Stat. 2409
text: Section, act June 19, 1934, ch. 652, title III, § 392A, as added June 5, 1976, Pub. L. 94–309, § 8, 90 Stat. 685, related to demonstrations of telecommunications, grants and contracts.
heading: Effective Date of Repeal
text: 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.
47 U.S.C. § 393 (TELECOMMUNICATIONS)
§ 393. Criteria for approval and expenditures by Secretary
(a) Construction and planning grants
The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with others, shall establish criteria for making construction and planning grants. Such criteria shall be consistent with the objectives and provisions set forth in this subpart, and shall be made available to interested parties upon request.
(b) Basis for determination
The Secretary shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to subsection (a) 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.
(June 19, 1934, ch. 652, title III, § 393, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 66; amended Pub. L. 90–129, title II, § 201(2), Nov. 7, 1967, 81 Stat. 367; Pub. L. 95–567, title I, § 104, Nov. 2, 1978, 92 Stat. 2408; Pub. L. 99–272, title V, § 5001(b), Apr. 7, 1986, 100 Stat. 117; Pub. L. 102–356, § 3, Aug. 26, 1992, 106 Stat. 949.)
heading: Amendments
text: 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.
heading: Effective Date of 1978 Amendment
text: 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.
47 U.S.C. § 393a (TELECOMMUNICATIONS)
§ 393a. Long-range planning for facilities
(a) The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with other parties, shall develop a long-range plan to accomplish the objectives set forth in 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, § 1021(a), Dec. 21, 1995, 109 Stat. 712.
(June 19, 1934, ch. 652, title III, § 393A, formerly § 396, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67; renumbered § 394 and amended Pub. L. 90–129, title II, § 201(2), (4), Nov. 7, 1967, 81 Stat. 367; Pub. L. 95–567, title I, § 105, Nov. 2, 1978, 92 Stat. 2409; renumbered § 393A, Pub. L. 101–437, title II, § 203(a)(1), Oct. 17, 1990, 104 Stat. 998; Pub. L. 104–66, title I, § 1021(a), Dec. 21, 1995, 109 Stat. 712.)
heading: Amendments
text: 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, § 201(2), substituted “subpart” for “part”.
heading: Effective Date of 1978 Amendment
text: 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.
47 U.S.C. § 399 (TELECOMMUNICATIONS)
§ 399. Support of political candidates prohibited
No noncommercial educational broadcasting station may support or oppose any candidate for political office.
(June 19, 1934, ch. 652, title III, § 399, as added Pub. L. 90–129, title II, § 201(8), Nov. 7, 1967, 81 Stat. 368; amended Pub. L. 93–84, § 2, Aug. 6, 1973, 87 Stat. 219; Pub. L. 94–309, § 7, June 5, 1976, 90 Stat. 685; Pub. L. 97–35, title XII, § 1229, Aug. 13, 1981, 95 Stat. 730; Pub. L. 100–626, § 10, Nov. 7, 1988, 102 Stat. 3211.)
heading: Amendments
text: 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).
47 U.S.C. § 399a (TELECOMMUNICATIONS)
§ 399a. Use of business or institutional logograms
(a) “Business or institutional logogram” defined
For purposes of this section, the term “business or institutional logogram” means any aural or visual letters or words, or any symbol or sign, which is used for the exclusive purpose of identifying any corporation, company, or other organization, and which is not used for the purpose of promoting the products, services, or facilities of such corporation, company, or other organization.
(b) Permitted uses
Each public television station and each public radio station shall be authorized to broadcast announcements which include the use of any business or institutional logogram and which include a reference to the location of the corporation, company, or other organization involved, except that such announcements may not interrupt regular programming.
(c) Authority of Commission not limited
The provisions of this section shall not be construed to limit the authority of the Commission to prescribe regulations relating to the manner in which logograms may be used to identify corporations, companies, or other organizations.
(June 19, 1934, ch. 652, title III, § 399A, as added Pub. L. 97–35, title XII, § 1230, Aug. 13, 1981, 95 Stat. 730.)
47 U.S.C. § 399b (TELECOMMUNICATIONS)
§ 399b. Offering of certain services, facilities, or products by public broadcast station
(a) “Advertisement” defined
For purposes of this section, the term “advertisement” means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended—
(1) to promote any service, facility, or product offered by any person who is engaged in such offering for profit;
(2) to express the views of any person with respect to any matter of public importance or interest; or
(3) to support or oppose any candidate for political office.
(b) Offering of services, facilities, or products permitted; advertisements prohibited
(1) Except as provided in paragraph (2), each public broadcast station shall be authorized to engage in the offering of services, facilities, or products in exchange for remuneration.
(2) No public broadcast station may make its facilities available to any person for the broadcasting of any advertisement.
(c) Use of funds from offering services, etc.
Any public broadcast station which engages in any offering specified in subsection (b)(1) 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.
(June 19, 1934, ch. 652, title III, § 399B, as added Pub. L. 97–35, title XII, § 1231, Aug. 13, 1981, 95 Stat. 731.)
47 U.S.C. § 401 (TELECOMMUNICATIONS)
§ 401. Enforcement provisions
(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.
(June 19, 1934, ch. 652, title IV, § 401, 48 Stat. 1092; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 93–528, § 6(a), Dec. 21, 1974, 88 Stat. 1709.)
heading: References in Text
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, 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.
heading: Amendments
text: 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.
heading: Change of Name
text: 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.
47 U.S.C. § 403 (TELECOMMUNICATIONS)
§ 403. Inquiry by Commission on its own motion
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.
(June 19, 1934, ch. 652, title IV, § 403, 48 Stat. 1094.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, 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.
47 U.S.C. § 404 (TELECOMMUNICATIONS)
§ 404. Reports of investigations
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.
(June 19, 1934, ch. 652, title IV, § 404, 48 Stat. 1094.)
47 U.S.C. § 406 (TELECOMMUNICATIONS)
§ 406. Compelling furnishing of facilities; mandamus; jurisdiction
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.
(June 19, 1934, ch. 652, title IV, § 406, 48 Stat. 1095.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, 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.
47 U.S.C. § 407 (TELECOMMUNICATIONS)
§ 407. Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys’ fees
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.
(June 19, 1934, ch. 652, title IV, § 407, 48 Stat. 1095.)