Public Telecommunications Act of 1992
PL 102-356 (H.R.2977), enacted 08/26/1992

PUBLIC LAW 102-356—AUG. 26, 1992 
106 STAT. 949 
Public Law 102-356 
102d Congress 
An Act 
To authorize appropriations for public broadcasting, and for other purposes. 
Aug. 26,1992 
[H.R. 2977] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled. 
Public Tele-
communications 
SHORT TITLE 
^*^ °^ ^^^^• 
SECTION 1. This Act may be cited as the Tublic Telecommuni- 47 use 609 note, 
cations Act of 1992^ 
PUBUC TELECOMMUNICATIONS FACILrnES AUTHORIZATION 
SEC. 2. Section 391 of the Conununications Act of 1934 (47 U.S.C. 
391) is amended by strildng the first sentence and inserting in 
Heu thereof the following: ' ^ e r e 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 ihe planning 
and construction of public telecommunications facilities as provided 
in this subpart.". 
SERVICES FOR UNDERSERVED AUDIENCES 
SEC. 3. Section 393(b)(4) of the Communications Act of 1934 
(47 U.S.C. 393(b)(4)) is amended by inserting immediately before 
the period at the end the following: ", including services to under-
served audiences such as deaf and hearing impaired individuals 
and blind and visually impaired individuals". 
CONGRESSIONAL DECLARATIONS OF POLICY 
SEC. 4. Section 396(a) of the Communications Act of 1934 (47 
U.S.C. 396(a)) is amended— 
(1) by striking "and" at the end of paragraph (7); 
(2) by redesignating paragraph (8) as paragraph (10); and 
(3) by inserting immediately after paragraph (7) the following 
new paragraphs: 
"(8) public television and radio stations and public tele-
communications services constitute valuable local community 
resources for utilizing electronic media to address national con-
cerns and solve local problems tlurough community programs 
and outreach programs; 
"(9) it is in the public interest for the Federal Grovemment 
to ensure that all citizens of the United States have access 
to public telecommunications services through all appropriate 
available telecommunications distribution technologies; and". 
BOARD OF DIRECTORS 
SEC. 5. (a) REDUCTION IN NUMBER OF MEMBERS.—<1) Section 
396(c)(1) of the Communications Act of 1934 (47 U.S.C. 396(c)(1)) 
is amended— 
106 STAT. 950 
PUBLIC LAW 102-356—AUG. 26, 1992 
(A) by striking "10" and inserting in lieu thereof "9"; and 
(B) by striking "6" and inserting in lieu thereof "5". 
(2) Section 396(cX2) of the Communications Act of 1934 (47 U.S.C. 
396(cX2)) is amended by striking "10" and inserting in Ueu thereof 
"9". 
(b) TERM OF OFFICE.—Section 396(cX5) of the Communications 
Act of 1934 (47 U.S.C. 396(cX5)) is amended to read as follows: 
"(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 PubUc 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.". 
47 use 396 note. 
(c) TRANSITION RULES.—(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 immeoiately 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 
Januarv 31, 2000; and 
(C) me 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. 
COMPENSATION OF OFFICERS 
SEC. 6. Section 396(eXl) of the Communications Act of 1934 
(47 U.S.C. 396(eXl)) is amended by striking the fourth sentence 
and inserting in lieu the following: "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 
fimds fi*om 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 Con-
duct.". 
PUBLIC LAW 102-356—AUG. 26, 1992 
106 STAT. 951 
CONTE^fTS OF ANNUAL REPORT 
SEC. 7. Section 396(i)(l) of the Communications Act of 1934 
(47 U.S.C. 396(i)(l)) is amended— 
(1) by striking "and" at the end of subparagraph (B); 
(2) by redesignating subparagraph (C) as subparagraph (D); 
and 
(3) by inserting inmiediately after subparagraph (B) the fol-
lowing new subparagraph: 
"(C) a Hsting 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;". 
CORPORATION FOR PUBLIC BROADCASTING AUTHORIZATION 
SEC. 8. (a) EXTENSION OF AUTHORIZATION.—Section 396(kXl)(C) 
of the Conmiunications Act of 1934 (47 U.S.C. 396(k)(l)(C)) is 
amended— 
(1) by striking "180,000,000 for fiscal year 1981," and all 
that follows through "$245,000,000 for fiscal year 1991,"; 
(2) by striking "and" after "fiscal year 1992,"; and 
(3) by inserting inmiediately after "fiscal year 3993" the fol-
lowing: ", $310,000,000 for fiscal year 1994, $375,000,000 for 
fiscal year 1995, and $425,000,000 for fiscal year 1996". 
(b) ANNUAL REPORT.—Section 396(kXl) of the Communications 
Act of 1934 (47 U.S.C. 396(k)(l)) is amended by adding at the 
end the following new subparagraph: 
"(E) 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.". 
TRAINING AND PROFESSIONAL DEVELOPMENT 
SEC. 9. Section 396(k)(3)(A)(i)(II) of the Commimications Act of 
1934 (47 U.S.C. 396(k)(3)(A)(i)(II)) is amended by inserting imme-
diately after "other than English" the following: "or for assistance 
in the provision of affordable training programs for employees at 
pubUc broadcast stations". 
INDEPENDENT PRODUCTION SERVICE 
SEC. 10. Section 396(k)(3)(B)(iii)(V) of the Commimications Act 
of 1934 (47 U.S.C. 396(k)(3)(B)(iiiXV)) is amended— 
(1) by inserting immediately after "expenditures of the 
independent production service" the following: ", including car-
riage and viewing information for programs produced or 
acquired with funds provided pursuant to subclause (I)"; and 
(2) by striking "fiscal year 1992" and inserting in Heu thereof 
"fiscal years 1992,1993,1994, and 1995". 
106 STAT. 952 
PUBLIC LAW 102-356—AUG. 26, 1992 
GRANT DISTRffiUTION CRITERIA 
SEC. 11. Section 396(kX6XB) of the Communications Act of 1934 
(47 U.S.C. 396(kX6)(B)) is amended by inserting "(which the Cor-
poration shall review periodically in consultation with public radio 
and television Ucensees or permittees, or their designated represent-
atives)" immediately after "eligibility criteria". 
COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY 
REQUIREMENTS BY FUND RECIPIENTS 
SEC. 
12. 
(a) 
CERTIFICATION 
AND 
EMPLOYMENT 
REPORTS 
REQUIRED.—Section 396(k) of the Communications Act of 1934 (47 
U.S.C. 396(k)) is amended by adding at the end the following 
new paragraph: 
"(IIXA) Funds may not be distributed pursuant to this subsection 
for any fiscal year to the Ucensee or permittee of any public broad-
cast 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 Ucensee or permittee of any public broadcast station with 
more than five full-time employees to file annually with the Cor-
poration a statistical report, consistent with reports required by 
Conmiission 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 open-
ings occurring during the course of the year. Where the job openings 
were filled in accordance with the regulations described in subpara-
graph (A)(i), the report shall so certify, and where the job openings 
were not filled in accordance with such regulations, the report 
Public 
shall contain a statement providing reasons therefor. The statistical 
information. 
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.". 
(b) 
COMPILATION 
OF 
REPORTS 
BY 
CORPORATION.—Section 
396(mX2) of the Commimications Act of 1934 (47 U.S.C. 396(mX2)) 
is £imended by adding at the end the following new sentence: 
"Such report shall include a summary of the statistical reports 
received by the Corporation pursuant to subsection (kXll), and 
a comparison of the information contained in those reports with 
the information submitted by the Corporation in the previous year's 
annual report.". 
PUBLIC LAW 102-356—AUG. 26, 1992 
106 STAT. 953 
AUDIT REQUIREMENT FOR PUBUC TELECOMMUNICATIONS ENTITIES 
SEC. 
13. (a) ALTERNATIVE TO AUDIT FOR CERTAIN ENTITIES.— 
Section 396(lX3XBXii) of the Communications Act of 1934 (47 U.S.C. 
396(lX3XBXii)) is amended— 
(1) by designating the existing text as subclause (I); 
(2) by stri&ng ^and" at the end of subclause (I), as so redesig-
nated, and inserting in lieu thereof "or"; and 
(3) by adding at tjie end the following new subclause: 
"(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 
Ught of the financial condition of such entity; and", 
(b) FREQUENCY OF AUDIT.—Section 396(1X3XB) of the Communica-
tions Act of 1934 (47 U.S.C. 396(1X3XB)) is amended— 
(1) in clause (ii) by striking 'Tjiannual" and inserting in 
lieu thereof "biennisd"; and 
(2) in clause (iii) by striking "biannually" and inserting in 
lieu thereof "biennially". 
AVAILABILITY OF INFORMATION FOR PUBLIC INSPECTION 
SEC. 14. (a) CPB INFORMATION.—Section 396(1) of the Commimica-
tions Act of 1934 (47 U.S.C. 396(1)) is amended by striking para-
graph (4) and inserting in Ueu thereof the following: 
"(4)(A) The Corporation sh£dl 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 
guideUnes as the Corporation may issue. This public file shall 
be updated regularly. This p£iragraph shall be effective upon its Effective date. 
enactment 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 nationed broadcasting programming 
pursuant to subsection (k)(3)(A) (ii)(II) or (iii)(II), the Corporation 
shall make available for public inspection the following: 
"(i) Grant and solicitation guidelines for proposals for such 
programming. 
"(ii) The reasons for selecting the proposal for which the 
award was made. 
"(iii) Information on each program for which the award was 
made, including the names of the awardee and producer (and 
if the awardee or producer is a corporation or partnership, 
the principals of such corporation or partnership), the monetary 
amount of the award, and the title and description of the 
program (and of each program in a series of programs). 
"(iv) A report based on the final audit findings resulting 
fi:om any audit of the award by the Corporation or the 
Comptroller General. 
"(v) Reports which the Corporation shall require to be pro-
vided 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 
106 STAT. 954 
PUBLIC LAW 102-356—AUG. 26, 1992 
from each recipient of funds under subsection Gt)(3)(A)(iiiXin), 
excluding proprietary, confidential, or privileged information. 
"(D) The Corporation shall make available for public inspection 
an annual list of national programs distributed by public broadcast-
ing entities that receive funds under subsection (kXSXA) (ii)(III) 
or (iiiXII) and are engaged primarily in the national distribution 
of public television or radio programs. Such Hst shall include the 
names of tiie programs (or program series), producers, and providers 
of funding.". 
(b) INDEPENDENT PRODUCTION SERVICE INFORMATION.—Section 
396(kX3)(B)(iii) of the Communications Act of 1934 (47 U.S.C. 
396(kX3XBXiii)) is amended by adding at the end the following 
new subclause: 
"(VI) The Corporation shall not contract to provide fimds to 
any such independent production service, unless that service agrees 
to comply with pubUc inspection requirements estabUshed by the 
Corporation within 3 months after the date of enactment of this 
subclause. Under such requirements the service shall maintain 
at its offices a pubHc file, updated regularly, containing information 
relating to the service's award of fimds for the production of 
programming. The information shall be avcdlable for public inspec-
tion and copying for at least 3 years and shall be of the same 
kind as the information required to be maintained by the Corpora-
tion under subsection (1)(4)(B).''. 
CLARIFICATION OF CONGRESSIONAL INTENT 
SEC. 15. Section 103(a) of the Children's Television Act of 1990 
(47 U.S.C. 303b(a)) is amended by inserting "commercial or 
noncommerical" immediately before "television broadcast license". 
BROADCASTING OF INDECENT PROGRAMMING 
47 use 303 note. 
SEC. 16. (a) FCC REGULATIONS.—The Federal Communications 
Commission shall promulgate regulations to prohibit the broadcast-
ing of indecent programming— 
(1) between 6 a.m. and 10 p.m. on any day by amr public 
radio station or pubUc 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 para-
graph (1). 
The regulations required under this subsection shall be promulgated 
in accordance wim 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. 
(b) REPEAL.—Section 608 of the Departments of Commerce, Jus-
tice, and State, tiie Judiciary, and Related Agencies Appropriations 
47 use 303 note. Act, 1989 (PubHc Law 100-459; 102 Stat. 2228), is repealed. 
READY-TO-LEARN TELEVISION CHANNEL 
SEC. 17. (a) The Congress finds that— 
(1) many of the Nation's children are not entering school 
"ready to learn"; 
(2) next to parents and early childhood teachers, television 
is probably the young child's most influential teacher; 
PUBLIC LAW 102-356—AUG. 26, 1992 
106 STAT. 955 
(3) a vital component in meeting the Nation's first education 
goal is the development of interactive programming aimed 
exclusively at the developmental and educational needs and 
interests of preschool children; 
(4) television can assist parents and preschool and child 
care teachers in gaining information on how young children 
grow and learn; and 
(5) there is a need for quality interactive instructional 
programming based on worthwhile information on child devel-
opment designed for children, parents, and preschool and child 
care providers and teachers. 
(b) Within 90 days following the date of the enactment of this Reports. 
Act, the Corporation for Public Broadcasting shall report to the 
Congress as to the most effective way to establish and implement 
a ready-to-leam public television channel. Such report shall include, 
among other things— 
(1) the costs of establishing and implementing a ready-to-
leam channel; 
(2) the special considerations of using television as a learning 
tool for very young children; 
(3) the technology, and availability thereof, needed to estab-
lish and implement such a channel; and 
(4) the best means of providing financing for the establish-
ment and implementation of a ready-to-learn channel. 
CORPORATION FOR PUBLIC BROADCASTING REPORT ON DISTANCE 
LEARNING 
SEC. 18. (a) The Congress finds that— 
(1) distance learning would provide schools in rural areas 
with advanced or specialized instruction not readily available; 
(2) utilization of distance learning can end some school clos-
ings or consolidations; 
(3) distance learning will play a vital role in accomplishing 
the goals of "America 2000" as established by the President; 
(4) the Corporation for Public Broadcasting should promote 
distance learning projects where it is cost effective; and 
(5) the Corporation for Public Broadcasting can promote dis-
tance learning by helping reduce the costs associated with 
telecommunications services. 
(b) Within 180 days following the date of the enactment of this 
Act, the Corporation for Public Broadcasting, in consultation with 
other education program providers and users, shall report to the 
Congress as to the most effective use of their existing telecommuni-
cations facilities to establish and implement distance learning 
projects in rural areas. Such report should include, among other 
things, the costs and benefits of establishing national demonstration 
sites to study new distance learning tools and to evaluate the 
most effective use of current distance learning applications; any 
incentives necessary to provide access to Corporation for Public 
Broadcasting facilities for distance learning applications. 
OBJECTIVITY AND BALANCE POLICY, PROCEDURES, AND REPORT 
SEC. 19. Pursuant to the existing responsibility of the Corporation 47 use 396 note. 
for Public Broadcasting under section 396(g)(1)(A) of the Commu-
nications Act of 1934 (47 U.S.C. 396(g)(1)(A)) to faciHtate the full 
development of public telecommunications in which programs of 
106 STAT. 956 
PUBLIC LAW 102-356—AUG. 26, 1992 
high quahty, 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(gXlXA); 
(2) after soUciting the views of the public, establish a com-
prehensive policy and set of procedures to— 
(A) provide reasonable opportunity for members of the 
public to present comments to the Board regarding the 
quali^, 
oiversity, 
creativity, 
excellence, 
innovation, 
objectivity, and balance of public broadcasting services, 
including all public broadcasting programming of a con-
troversial nature, as well as any needs not met by those 
services; 
(B) review, on a regular basis, national public broadcast-
ing programming for quality, diversity, creativity, excel-
lence, 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 program-
ming grants pursuant to clauses (iiXII), (iiiXII), and (iiiXIII) 
of section 396(kX3XA) of the Communications Act of 1934 
(47 U.S.C. 396(kX3XA)) that it finds necessary to meet 
the Corporation's responsibility under section 396(gXlXA), 
including facilitating objectivity and balance in program-
ming 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 con-
troversial nature so that such entities can utilize the Cor-
poration'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 
47 use 396 note. 
SEC. 20. Prior to the expiration of the 90-day period following 
the date of the enactment of this Act, the Corporation for Public 
Broadcasting, in consultation with representatives of public broad-
casting entities, shall develop guidelines to assure that program 
credits for public television programs that receive production fund-
ing 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 Broadcast-
ing, and that indicates in some manner that the Corporation for 
Public Broadcasting is partially funded from Federal tax revenues. 
INDEPENDENT PRODUCTION SERVICE FUNDING 
47 use 396 note. 
SEC. 21. In making available funding pursuant to authorizations 
under this Act, 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 
PUBLIC LAW 102-356—AUG. 26, 1992 
106 STAT. 957 
with the provisions of the Communications Act of 1934, provide 
such funding to eligible recipients and projects representing the 
widest possible geographic distribution, with the objective of provid-
ing funding to eligible recipients and projects in each State from 
which qualified proposals are received over the course of such 
authorizations. 
EFFECTIVE DATE 
SEC. 22. Section 5(a) shall take effect on January 31, 1996. 47 use 396 note. 
All other provisions of this Act are effective on its date of enactment. 
Approved August 26, 1992. 
LEGISLATIVE HISTORY—H.R. 2977 (S. 1504): 
HOUSE REPORTS: No. 102-363 (Comm. on Energy and Commerce). 
SENATE REPORTS: No. 102-221 accompanying S. 1504 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Nov. 25, considered and passed House. 
Vol. 138 (1992): June 2, S. 1504 considered in Senate. 
June 3, H.R. 2977 considered and passed Senate, amended, in 
lieu of S. 1504. 
Aug. 4, House concurred in Senate amendment.