Communications Amendments Act of 1982
PL 97-259 (H.R.3239), enacted 09/13/1982

PUBLIC LAW 97-259—SEPT. 13, 1982 
96 STAT. 1087 
Public Law 97-259 
97th Congress 
An Act 
To amend the Communications Act of 1934, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—COMMUNICATIONS AMENDMENTS 
SHORT TITLE 
SECTION. 101. This title may be cited as the 
Amendments Act of 1982". 
Sept. 13, 1982 
[H.R. 3239] 
Communications 
Act of 1934, 
amendment. 
Communications 
Amendments 
Act of 1982. 
'Communications 
4
7 use 6
0
9 note. 
FINANCIAL INTERESTS OF MEMBERS AND EMPLOYEES OF FEDERAL 
COMMUNICATIONS COMMISSION 
SEC. 102. Section 4(b) of the Communications Act of 1934 (47 U.S.C. 
154(b)) is amended to read as follows: 
"Ot))(l) 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 Prohibitions. 
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 Act; 
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 Commis-
sion. 
"(B)(i) The Commission shall have authority to waive, from time to Waiver 
time, the application of the prohibitions established in subpara- authority. 
graph (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, 
United States Code. The waiver authority established in this subpar-
agraph shall not apply with respect to members of the Commission. 
96 STAT. 1088 
PUBLIC LAW 97-259—SEPT. 13, 1982 
Notice; 
publication in 
Federal 
Register; 
notification to 
congressional 
committees. 
"(ii) In any case in which the Commission exercises the waiver 
authority established in this subparagraph, the Commission shsdl 
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 posi-
tion 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 Commis-
sion, 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 over-
sees the activities of such company or other entity; 
"(C) the degree to which the economic interests of such com-
pany 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 mem-
bers 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.". 
5 u s e 5315. 
5 u s e 5314. 
APPOINTMENT, TERMS OF OFFICE, SALARY, AND COMPENSATION OF 
MEMBERS OF COMMISSION 
SEC. 103. (a) Section 4(c) of the Communications Act of 1934 (47 
U.S.C. 154(c)) is amended— 
(1) by striking out "The"; 
(2) by striking out "first appointed" and all that follows 
through "but their successors"; and 
(3) by striking out "qualified" and inserting in lieu thereof 
"been confirmed and taken the oath of office". 
0)) Section 4(d) of the Communications Act of 1934 (47 U.S.C. 
154(d)) is amended to read as follows: 
"(d) 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.". 
(c) Section 4(fK2) of the Communications Act of 1934 (47 U.S.C. 
154(f)(2)) is amended by striking out "a legal assistant, an engineer-
ing assistant," and inserting in lieu thereof "three professional 
assistants". 
(d) Section 4(g) of the Communications Act of 1934 (47 U.S.C. 
154(g)) is amended by inserting "(1)" after the subsection designa-
tion, and by adding at the end thereof the following new paragraph: 
PUBLIC LAW 97-259—SEPT. 13, 1982 
96 STAT. 1089 
"(2XA)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 reim-
bursement 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 
Publication in 
of the Congress, and publish in the Federal Register, quarterly 
federal 
reports specifying reimbursements which the Commission has 
^^^^ster. 
accepted under this paragraph. 
"(D) The provisions of this paragraph shall cease to have any force 
or effect at the end of fiscal year 1985.". 
(e) Section 4(kX2) of the Communications Act of 1934 (47 U.S.C. 
154(k)(2)) is amended by striking out ": Provided, That the" and all 
that follows through "by such reports". 
(f) Section 4(k) of the Communications Act of 1934 (47 U.S.C. 
154(k)) is amended by redesignating paragraph (4) and paragraph (5) 
as paragraph (3) and paragraph (4), respectively. 
(g) Section 4(k)(4) of the Communications Act of 1934, as so 
redesignated in subsection (f), is amended by striking out "Bureau of 
the Budget" and inserting in lieu thereof "Office of Management 
and Budget". 
USE OF AMATEUR VOLUNTEERS FOR CERTAIN PURPOSES 
SEC. 104. Section 4(f) of the Communications Act of 1934 (47 U.S.C. 
154(f)) is amended by adding at the end thereof the following new 
paragraph: 
"(4XA) The Commission, for purposes of preparing any examina-
tion for an amateur station operator license, may accept and employ 
the voluntary and uncompensated services of any individual who 
holds an amateur station operator license of a higher class than the 
class license for which the examination is being prepared. In the 
case of examinations for the highest class of amateur station opera-
tor license, the Commission may accept and employ such services of 
any individual who holds such class of license. 
'(B) The Commission, for purposes of administering any examina-
tion 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 cleiss than the 
class license for which the examination is being conducted. In the 
case of examinations for the highest class of amateur station opera-
tor 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 equip-
ment used in connection with amateur radio transmissions, or in the 
96 STAT. 1090 
PUBLIC LAW 97-259—SEPT. 13, 1982 
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. 
"(CXi) The Commission, for purposes of monitoring violations of 
any provision of this Act (and of any regulation prescribed by the 
Commission under this Act) relating to the amateur radio service, 
may— 
"(I) recruit and train any individual licensed by the Commis-
sion 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, annotat-
ing, and summarizing violation reports referred under clause (i), 
may accept and employ the voluntary and uncompensated services 
of Einy 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 Act (or regulations 
prescribed by the Commission under this Act) 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 Act (or regulations prescribed by the Commis-
sion under this Act) relating to the amateur radio service. 
Nothing in this clause shall be construed to grant individuals 
recruited and trained under this subparagraph any authority to 
issue sanctions to violators or to take any enforcement action other 
than any action which the (Commission may prescribe by rule. 
"(D)(i) The C!ommission, for purposes of monitoring violations of 
any provision of this Act (and of any regulation prescribed by the 
Commission under this Act) 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, annotat-
ing, 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 sub-
paragraph, shall seek to achieve a broad representation of individ-
uals 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 transmis-
sions; 
"(II) the conveyance to Commission personnel of information 
which is essential to the enforcement of this Act (or regulations 
prescribed by the Commission under this Act) 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 
PUBLIC LAW 97-259—SEPT. 13, 1982 
96 STAT. 1091 
provision of this Act (or regulations prescribed by the Commis-
sion under this Act) relating to the citizens band radio service. 
Nothing in this clause shall be construed to grant individuals 
recruited and trained under this subparsigraph any authority to 
issue sanctions to violators or to take any enforcement action other 
than any action which the Commission may prescribe by rule. 
"(E) The authority of the Commission established in this para-
graph shall not be subject to or affected by the provisions of part III 
of title 5, United States Code, or section 3679(b) of the Revised 5 use 2101. 
Statutes (31 U.S.C. 665(b)). 
"(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 emplojdng services of 
individuals under subparagraphs (A), (B), and (C), shall seek to 
achieve a broad representation of individuals and organizations 
interested in amateur station operation. 
"(H) The Commission may establish rules of conduct and other 
Rules of conduct 
regulations governing the service of individuals under this para- 
^^^ regulations. 
graph.". 
ORGANIZATION AND FUNCTIONING OF COMMISSION 
SEC. 105. (a) Section 5(b) of the Communications Act of 1934 (47 
U.S.C. 155(b)) is amended— 
(1) by striking out "Within" and all that follows through "and 
from" and inserting in lieu thereof "From"; and 
(2) by striking out "thereafter". 
(b) Section 5 of the Communications Act of 1934 (47 U.S.C. 155) is 
amended by redesignating subsection (d) and subsection (e) as sub-
section (c) and subsection (d), respectively. 
(c) The first sentence of section 5(c)(1) of the Communications Act 
of 1934, as so redesignated in subsection (b), is amended by striking 
out "three" and inserting in lieu thereof "two". 
REGULATION OF POLE ATTACHMENTS 
SEC. 106. Section 224 of the Communications Act of 1934 (47 U.S.C. 
224) is amended by striking out subsection (e) thereof. 
JURISDICTION OF COMMISSION 
SEC. 107. Section 301 of the Communications Act of 1934 (47 U.S.C. 
301) is amended— 
(1) by striking out "interstate and foreign"; 
(2) by inserting "State," after "any" the third place it appears 
therein; 
(3) by inserting a comma after "Territory" the first place it 
appears therein; and 
(4) by inserting "State," after "same". 
INTERFERENCE WITH ELECTRONIC EQUIPMENT 
SEC. 108. (aXD The first sentence of section 302(a) of the Communi-
cations Act of 1934 (47 U.S.C. 302(a)) is amended by inserting "(1)" 47 use 302a. 
after "regulations", and by inserting before the period at the end 
thereof the following: "; and (2) establishing minimum performance 
96 STAT. 1092 
PUBLIC LAW 97-259—SEPT. 13, 1982 
standards for home electronic equipment and systems to reduce 
their susceptibility to interference from radio frequency energy". 
47 use 302a. 
(2) The last sentence of section 302(a) of the CJommunications Act 
of 1934 (47 U.S.C. 302(a)) is amended by striking out "shipment, or 
use of such devices" and inserting in lieu thereof "or shipment of 
such devices and home electronic equipment and systems, and to the 
use of such devices". 
47 use 302a. 
(3) Section 302(b) of the Communications Act of 1934 (47 U.S.C. 
302(b)) is amended by striking out "ship, or use devices" and insert-
ing in lieu thereof "or ship devices or home electronic equipment 
and systems, or use devices,". 
47 use 302a. 
(4) Section 302(c) of the Communications Act of 1934 (47 U.S.C. 
302(c)) is amended— 
(A) in the first sentence thereof, by inserting "or home elec-
tronic equipment and systems" after "devices" each place it 
appears therein; and 
(B) in the last sentence thereof, by inserting "and home 
electronic equipment and systems" after "Devices", by striking 
out "common objective" and inserting in lieu thereof "objec-
tives", and by inserting "and to home electronic equipment and 
systems" after "reception". 
47 use 302a 
(b) Any minimum performance standard established by the Feder-
note. 
al Communications Commission under section 302(aX2) of the Com-
munications Act of 1934, 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. 
QUALIFICATIONS OF STATION OPERATORS 
SEC. 109. Section 303(1)(1) of the Communications Act of 1934 (47 
U.S.C. 303(1)(1)) is amended— 
(1) by striking out "such citizens" and all that follows through 
"qualified" and inserting in lieu thereof "persons who are found 
to be qualified by the Commission and who otherwise are legally 
eligible for employment in the United States"; and 
(2) by striking out "in issuing licenses" and all that follows 
through the end thereof and inserting in lieu thereof the follow-
ing: "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 certifi-
cates which are valid in the United States, if the foreign govern-
ment 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 
ofthe United States;". 
GROUNDS FOR SUSPENSION OF LICENSES 
SEC. 110. Section 303(mKl)(A) of the Communications Act of 1934 
(47 U.S.C. 303(m)(l)(A)) is amended by inserting ", or caused, aided, 
or abetted the violation of," after "violated". 
PUBLIC LAW 97-259—SEPT. 13, 1982 
96 STAT. 1093 
UCENSING OF CERTAIN AIRCRAFT RADIO STATIONS AND OPERATORS 
SEC. 111. (a) Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is amended by adding at the end thereof the following 
new paragraph: 
"(t) Notwithstanding the provisions of section 301(e), have author-
ity, in any C£ise 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 govern-
ment 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.". 
O
t
)
) Section 301(e) of the Communications Act of 1934 (47 U.S.C. 
301(e)) is amended by inserting "(except as provided in section 
303(t))" after "United States". 
REVISION OF UCENSE TERMS 
SEC. 112. (a) Section 307 of the Communications Act of 1934 (47 
U.S.C. 307) is amended by striking out subsection (c), and by redes-
ignating subsection (d) and subsection (e) as subsection (c) and 
subsection (d), respectively. 
(b) Section 307(c) of the Ck)mmunications Act of 1934, as so redesig-
nated in subsection (a), is amended— 
(1) by striking out "five years" the second place and the last 
place it appears therein and inserting in lieu thereof "ten 
years"; and 
(2) by inserting after the second sentence thereof the follow-
ing new sentence: "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 transla-
tor station shall be concurrent with the term of the license for 
such primary radio, television, or translator station.". 
AUTHORITY TO OPERATE CERTAIN RADIO STATIONS WITHOUT 
INDIVIDUAL UCENSES 
SEC. 113. (a) Section 307 of the Communications Act of 1934, as 
amended in section 112(a), is further amended by adding at the end 
thereof the following new subsection: 
"(eXD Notwithstanding any licensing requirement established in 
this Act, 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 Commis-
sion under paragraph (1) to operate without an individual license 
shall comply with all other provisions of this Act and with rules 
prescribed by the Commission under this Act. 
"(3) For purposes of this subsection, the terms 'radio control 
service' and 'citizens band radio service' shall have the meanings 
given them by the (Dommission by rule.". 
(b) Section 303(n) of the Communications Act of 1934 (47 U.S.C. 
303(n)) is amended by inserting after "any Act" the first place it 
96 STAT. 1094 
PUBLIC LAW 97-259—SEPT. 13, 1982 
appears therein the following: ", or which the Commission by rule 
has authorized to operate without a license under section 307(eXl),". 
AUTHORIZATION OF TEMPORARY OPERATIONS 
SEC. 114. Section 309(f) of the Communications Act of 1934 (47 
U.S.C. 309(0) is amended— 
(1) by striking out "emergency" each place it appears therein 
and inserting in lieu thereof "temporary'; 
(2) by striking out "one additional period" and inserting in 
lieu thereof "additional periods"; and 
(3) by striking out "ninety days" and inserting in lieu thereof 
"180 days". 
RANDOM SELECTION SYSTEM FOR CERTAIN UCENSES AND PERMITS 
SEC. 115. (a) Section 309(iXl) of the Communications Act of 1934 
95 Stat. 736. 
(47 U.S.C. 309(1X1)) is amended— 
(1) by striking out "applicant" the first place it appears 
therein and inserting in lieu thereof "application"; and 
(2) by striking out "the qualifications of each such applicant 
under section 308(b)" and inserting in lieu thereof "that each 
such application is acceptable for filing". 
(b) Section 309(iX2) of the Communications Act of 1934 (47 U.S.C. 
309(iX2)) is amended to read as follows: 
"(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 subsec-
Hearing. 
tion (a) and section 3080t)). 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) with 
respect to any application other than the one selected pursuant 
to paragraph (1). . 
(cXD Section 309(iX3XA) of the Communications Act of 1934 (47 
U.S.C. 309(iX3XA)) is amended by striking out ", groups" the first 
place it appears therein, and all that follows through the end 
thereof, and inserting in lieu thereof the following: "used for grant-
ing licenses or construction permits for any media of mass communi-
cations, 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.". 
(2) Section 309(iX3) of the Communications Act of 1934 (47 U.S.C. 
309(iX3)) is amended by adding at the end thereof the following new 
subparagraph: 
"(C) For purposes of this paragraph: 
PUBLIC LAW 97-259—SEPT. 13, 1982 
96 STAT. 1095 
"(i) The term 'media of mass communications' includes televi-
sion, radio, cable television, multipoint distribution service, 
direct broadcast satellite service, and other services, the li-
censed facilities of which may be substantiedly 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 
Isld.Ild61*S 
(d) Section 309(iX4XA) of the Communications Act of 1934 (47 
U.S.C. 309(iX4XA)) is amended by striking out "effective date of this 
subsection" and inserting in lieu thereof "date of the enactment of 
the Communications Technical Amendments Act of 1982". 
"Media of mass 
communica-
tions." 
"Minority 
group." 
AGREEMENTS RELATING TO WITHDRAWAL OP CERTAIN APPUCATIONS 
SEC. 116. (a) Section 311(cX3) of the Communications Act of 1934 
(47 U.S.C. 311(c)(3)) is amended by striking out "the agreement" the 
second place it appears therein and all that follows through the end 
thereof and inserting in lieu thereof the following: "(A) the agree-
ment is consistent with the public interest, convenience, or neces-
sity; and (B) no party to the agreement filed its application for the 
purpose of reaching or carrjdng out such agreement.". 
(b) Section 311(dXl) of the Communications Act of 1934 (47 U.S.C. 
311(dXl)) is amended by striking out "two or more" and all that 
follows through "station" and inserting in lieu thereof the following: 
"an application for the renewal of a license granted for the oper-
ation of a broadcasting station and one or more applications for a 
construction permit relating to such station". 
(c) Section 311(dX3) of the Communications Act of 1934 (47 U.S.C. 
311(d)(3)) is amended by striking out "license". 
95 Stat. 737. 
WILLFUL OR REPEATED VIOLATIONS 
SEC. 117. Section 312 of the Communications Act of 1934 (47 U.S.C. 
312) is amended by adding at the end thereof the following new 
subsection: 
"(f) 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 Act or any rule or 
regulation of the Commission authorized by this Act 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.". 
Definitions. 
APPUCABIUTY OF CONSTRUCTION PERMIT REQUIREMENTS TO CERTAIN 
STATIONS 
SEC. 118. Section 319(a) of the Communications Act of 1934 (47 
U.S.C. 319(a)) is amended by striking out "the construction of which 
is begun or is continued after this Act takes effect,". 
96 STAT. 1096 
PUBLIC LAW 97-259—SEPT. 13, 1982 
AUTHORITY TO ELIMINATE CERTAIN CONSTRUCTION PERMITS 
SEC. 119. Section 319(d) of the Communications Act of 1934 (47 
U.S.C. 319(d)) is amended to read as follows: 
"(d) A permit for construction shall not be required for Govern-
ment 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 per-
mits for any such stations. With respect to any broadcasting station, 
the Commission shall not have any authority to waive the require-
ment of a permit for construction. With respect to any other station 
or class of stations, the Commission shall not waive such require-
ment unless the Commission determines that the public interest, 
convenience, and necessity would be served by such a waiver.". 
PRIVATE LAND MOBILE SERVICES 
SEC. 120. (a) Part I of title III of the Communications Act of 1934 
(47 U.S.C. 301 et seq.) is amended by adding at the end thereof the 
following new section: 
"PRIVATE LAND MOBILE SERVICES 
47 use 332. 
"SEC. 331. (a) In taking actions to manage the spectrum to be 
made available for use by the private land mobile services, the 
47 use 151. 
Commission shall consider, consistent with section 1 of this Act, 
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 engi-
neering principles, user operational requirements, and market-
place demands; 
"(3) encourage competition and provide services to the largest 
feasible number of users; or 
"(4) increase interservice sharing opportunities between pri-
vate land mobile services and other services. 
"(b)(1) The Commission, in coordinating the assignment of fre-
quencies to stations in the private land mobile services and in the 
fixed services (as defined by the Commission by rule), shall have 
authority to utilize assistance furnished by advisory coordinating 
committees consisting of individuals who are not officers or employ-
ees of the Federal Government. 
"(2) The authority of the Commission established in this subsec-
tion shall not be subject to or affected by the provisions of part III of 
5 use 2101. 
title 5, United States Code, or section 3679(b) of the Revised Statutes 
(31 U.S.C. 665(b)). 
"(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 assist-
ance to the Commission under this subsection shall not be subject to 
5 use app. 
the provisions of the Federal Advisory Committee Act. 
"(c)(1) For purposes of this section, private land mobile service 
shall include service provided by specialized mobile radio, multiple 
licensed radio dispatch systems, and all other radio dispatch sys-
PUBLIC LAW 97-259—SEPT. 13, 1982 
96 STAT. 1097 
terns, regardless of whether such service is provided indiscrimi-
nately to eligible users on a commercial basis, except that a land 
station licensed in such service to multiple licensees or otherwise 
shared by authorized users (other than a nonprofit, cooperative 
station) shall not be interconnected with a telephone exchange or 
interexchange service or facility for any purpose, except to the 
extent that (A) each user obtains such interconnection directly from 
a duly authorized carrier; or (B) licensees jointly obtain such inter-
connection directly from a duly authorized carrier. 
"(2) A person engaged in private land mobile service shall not, 
insofar as such person is so engaged, be deemed a common carrier 
for any purpose under this Act. A common carrier shall not provide 
any dispatch service on any frequency allocated for common carrier 
service, except to the extent such dispatch service is provided on 
stations licensed in the domestic public land mobile radio service 
before January 1,1982. 
"(3) No State or local government shall have any authority to 
impose any rate or entry regulation upon any private land mobile 
service, except that nothing in this subsection may be construed to 
impair such jurisdiction with respect to common carrier stations in 
the mobile service.". 
(b)(1) Section 3 of the Communications Act of 1934 (47 U.S.C. 153) 
is amended by adding at the end thereof the following new 
paragraph: 
"(gg) 'Private land mobile service' means a mobile service which 
provides a regularly interacting group of base, mobile, portable, and 
associated control and relay stations (whether licensed on an 
individual, cooperative, or multiple basis) for private one-way or 
two-way land mobile radio communications by eligible users over 
designated areas of operation.". 
(2) Section 3(n) of the Communications Act of 1934 (47 U.S.C. "Mobile 
153(n)) is amended to read as follows: 
service." 
"(n) 'Mobile service' means a radio communication service carried 
on between mobile stations or receivers and land stations, and by 
mobile stations communicating among themselves, and includes 
both one-way and two-way radio communication services.". 
NOTICES OF APPEAL 
SEC. 121. Section 402(d) of the Communications Act of 1934 (47 
U.S.C. 402(d)) is amended— 
(1) by striking out "Commission" the first place it appears 
therein and inserting in lieu thereof "appellant'; 
(2) by striking out "date of service upon it" and inserting in 
lieu thereof "filing of such notice"; 
(3) by striking out "and shall thereafter" and all that follows 
through "Washington"; and 
(4) by striking out "Within thirty days after the filing of an 
appeal, the" and inserting in lieu thereof "The". 
COMPUTATION OF CERTAIN FIUNG DEADUNES 
SEC. 122. The last sentence of section 405 of the Communications 
Act of 1934 (47 U.S.C. 405) is amended by striking out "public 
notice" and all that follows through the end thereof and inserting in 
lieu thereof the following: "the Commission gives public notice of 
the order, decision, report, or action complained of.". 
96 STAT. 1098 
PUBLIC LAW 97-259—SEPT. 13, 1982 
EFFECTIVE DATE OF CERTAIN COMMISSION ORDERS 
SEC. 123. Section 408 of the Communications Act of 1934 (47 U.S.C. 
408) is amended by striking out "within such reasonable time" and 
all that follows through the end thereof and inserting in lieu thereof 
the following: "thirty calendar days from the date upon which 
pubUc 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.". 
APPUCATION OF FORFEITURE REQUIREMENTS TO CABLE TELEVISION 
SYSTEM OPERATORS 
SEC. 124. The second sentence of section 503(bX5) of the Communi-
cations Act of 1934 (47 U.S.C. 503a)X5)) is amended by inserting ", or 
is a cable television system operator" before the period at the end 
thereof. 
FORFEITURE OF COMMUNICATIONS DEVICES 
SEC. 125. Title V of the Communications Act of 1934 (47 U.S.C. 501 
et seq.) is amended by adding at the end thereof the following new 
section: 
"FORFEITURE OF COMMUNICATIONS DEVICES 
4
7 use 510. 
"SEC. 510. (a) Any electronic, electromagnetic, radio frequency, or 
similar device, or component thereof, used, sent, carried, manufac-
tured, assembled, possessed, offered for sale, sold, or advertised with 
47 use 301, 302. willful and knowing intent to violate section 301 or 302, or rules 
prescribed by the Commission under such sections, may be seized 
and forfeited to the United States. 
"(b) 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) All provisions of law relating to— 
"(1) the seizure, summary and judicial forfeiture, and condem-
nation 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 appli-
cable and not inconsistent with the provisions of this section, except 
that such seizures and forfeitures shall be limited to the communica-
tions device, devices, or components thereof. 
"(d) Whenever property is forfeited under this section, the Attor-
ney 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.". 
PUBLIC LAW 97-259—SEPT. 13, 1982 
96 STAT. 1099 
EXEMPTION APPUCABLE TO AMATEUR RADIO COMMUNICATIONS 
SEC. 126. The last sentence of section 605 of the Communications 
Act of 1934 (47 U.S.C. 605) is amended— 
(1) by striking out "broadcast or"; 
(2) by striking out "amateurs or others" and inserting in lieu 
thereof "any station"; 
(3) by striking out "or" the last place it appears therein; 
(4) by inserting ", aircraft, vehicles, or persons after "ships"; 
and 
(5) by inserting before the period at the end thereof the 
following: ", or which is transmitted by an amateur radio 
station operator or by a citizens band radio operator". 
TECHNICAL AMENDMENTS 
SEC. 127. (a) Section 304 of the Communications Act of 1934 (47 
U.S.(J. 304) is amended by striking out "ether" and inserting in lieu 
thereof "electromagnetic spectrum". 
(b) Section 402(a) of the Communications Act of 1934 (47 U.S.C. 
402(a)) is amended by striking out "Public Law" and all that follows 
through the end thereof and inserting in lieu thereof "chapter 158 of 
title 28, United States Code.". 
(cXD Section 405 of the Communications Act of 1934 (47 U.S.C. 
405) is amended by striking out "rehearing" each place it appears 
therein and inserting in lieu thereof "reconsideration". 
(2) The heading for section 405 of the C!ommunications Act of 1934 
(47 U.S.C. 405) is amended by striking out "REHEARINGS" and insert-
ing in lieu thereof "RECONSIDERATIONS". 
AMENDMENT TO OTHER LAW 
SEC. 128. Section 1114 of title 18, United States Code, is amended 
by inserting after "law enforcement functions," the following: "or 
any officer or employee of the Federal Communications (Dommission 
performing investigative, inspection, or law enforcement func-
tions,". 
TITLE II—NATIONAL TELECOMMUNICATIONS AND 
INFORMATION ADMINISTRATION 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. There is authorized to be appropriated for the adminis-
tration of the National Telecommunications and 
Information 
Administration $12,917,000 for fiscal year 1983, and $11,800,000 for 
fiscal year 1984, 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. 
STUDY OP TELECOMMUNICATIONS AND INFORMATION GOAUS 
SEC. 202. (a) The National Telecommunications and Information 
47 use 151 note;. 
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 
96 STAT. 1100 
PUBLIC LAW 97-259—SEPT. 13, 1982 
strat^es 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 pat-
terns which would damage United States commercial interests. Any 
such study or review shall be limited to international telecommuni-
cations policies or to domestic telecommunications issues which 
directly afTect such policies. 
Approved September 13, 1982. 
LEGISLATIVE HISTORY—H.R. 3239 (S. 821): 
HOUSE REPORTS: No. 97-84 (Comm. on Energy and Commerce) and No. 97-765 
(Comm. of Conference). 
SENATE REPORT No. 97-73 accompanying S. 821 (Comm. on Commerce, Science and 
Transportation). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): June 8, 9, considered and passed House. 
Vol. 128 (1982): Aug. 18, considered and passed Senate, amended. 
Aug. 19, Senate and House agreed to conference report.