An Act to extend the Educational Broadcasting Facilities Program and to provide authority for the support of demonstrations in telecommunications technologies for the distribution of health, education, and public or social service information, and for other purposes.
PL 94-309 (H.R.9630), enacted 06/05/1976

PUBLIC LAW 94-309—JUNE 5, 1976 
90 STAT. e>83 
Public Law 94-309 
94th Congress 
An Act 
To extend the Educational Broadcasting Facilities Program and to provide 
authority for the support of demonstrations in telecommunications technologies 
for the distribution of health, education, and public or social service informa-
tion, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Educational Broadcasting Facilities and Telecom-
munications Demonstration Act of 1976". 
PURPOSE 
SEC. 2. (a) Part I V of title III of the Communications Act of 1934 
is amended by striking out the heading of such part and inserting in 
lieu thereof "ASSISTANCE FOR NONCOMMERCIAL EDUCATIONAL BROAD-
CASTING FACILITIES; TELECOMMUNICATIONS 
DEMONSTRATIONS; 
COR-
PORATION FOR PUBLIC BROADCASTING". 
(b) Subpart A of such part is amended by striking out the heading 
of such subpart and inserting in lieu thereof "ASSISTANCE FOR NON-
COMMERCIAL EDUCATIONAL BROADCASTING FACILITIES AND TELECOMMUNI-
CATIONS DEMONSTRATIONS". 
(c) Section 390 of such Act is amended to read as follows: 
June 5, 1976 
[H.R. 9630]' 
Educational 
Broadcasting 
Facilities and 
Telecommuni-
cations 
Demonstration 
Act of 1976. 
47 u s e 390 note. 
47 u s e 390. 
47 u s e 390. 
DECLARATION OF PURPOSE 
"SEC. 390. The purposes of this subpart are (1) to assist (through 
matching grants) in the construction of noncommercial educational 
television or radio broadcasting facilities, and (2) to demonstrate 
(through grants or contracts) the use of telecommunications technol-
ogies for the distribution and dissemination of health, education, and 
other public or social service information.". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 3. Section 391 of the Communications Act of 1934 is amended 47 USe 391. 
to read as follows: 
"SEC. 391. There are authorized to be appropriated $7,500,000 for 
the period July 1, 1976, through September 30, 1976, and $30,000,000 
for the 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. 
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 have been submitted under 
such section within one year after the last day of such fiscal year or 
period.". 
CRITERIA FOR BROADCAST FACILITIES CONSTRUCTION 
SEC. 4. (a) Section 392(a) (1) of the Communications Act of 1934 is 47 USe 392. 
amended by striking out clause (C) and inserting in lieu thereof "(C) 
a public or private nonprofit college or university or other educational 
90 STAT. 684 
PUBLIC LAW 94-309—JUNE 5, 1976 
or cultural institution which is affiliated with an eligible college or 
university,". 
47 use 392. 
(b) Section 392(d) of such Act is amended to read as follows: 
"(d) (1) The Secretary shall base his determinations of whether to 
approve applications for television grants under this section and the 
amount of such grants on criteria set forth in regulations and designed 
to achieve (A) a strengthening of the capability of existing noncom-
mercial educational television stations to provide local services; (B) 
the adaptation of existing noncommercial educational television facili-
ties to broaden educational uses; and (C) extension of noncommercial 
educational television services, with due consideration to equitable 
geographic coverage throughout the United States. 
"(2) The Secretary shall base his determination of whether to 
approve applications for radio grants under this section and the 
amount of such grants on criteria set forth in regulations and designed 
to achieve (A) extension of noncommercial educational radio services 
with due consideration to equitable geographic coverage throughout 
the United States; (B) a strengthening of the capability of existing 
noncommercial educational radio stations to provide local service; and 
(C) the provision of multiple radio stations in major population 
centers to broaden services for special interest, minority, and educa-
tional uses.". 
COORDINATION 
47 use 395. 
SEC 5. Section 395 of the Communications Act of 1934 is amended 
to read as follows: 
"COORDINATION WITH THE COMMISSION AND THE CORPORATION 
"SEC. 395. The Federal Communications 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 Federal Communications Commission in 
the administration of his 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 for Public 
Broadcasting in the administration of his functions under this subpart 
which are of interest to or affect the functions of the Corporation.". 
CONSTRUCTION 
47 use 397. 
SEC. 6. Section 397(2) of the Communications Act of 1934 is 
amended to read as follows: 
Definition. 
"(2) The term 'construction', as applied to educational television 
broadcasting facilities or educational radio broadcasting facilities, 
means the acquisition and installation of transmission and reception 
apparatus (including towers, microwave equipment, boosters, transla-
tors, repeaters, mobile equipment, video recording equipment, non-
video recording equipment, radio subcarrier receivers, and satellite 
transceivei-s) necessary for television broadcasting or radio broad-
casting, as the case may be, including apparatus which may inciden-
tally be used for transmitting closed circuit television or radio 
programs, but such term does not include the construction or repair of 
structures to house such apparatus. In the case of apparatus, the 
acquisition and installation of which is so included, such term also 
includes planning therefor.". 
PUBLIC LAW 94-309—JUNE 5, 1976 
90 STAT. 6J85 
, 
J 
AUDIO RECORDING EQUIPMENT 
SEC. 7, Section 399(b) of the Communications Act of 1934 is 
amended by adding at the end thereof the following new paragraph: 
"(5) From amounts appropriated pursuant to section 391 after the 
date of enactment of this paragraph, the Secretary may make a grant 
to any licensee of a noncommercial educational broadcast station who 
received assistance under this part of the full amount necessary to 
acquire equipment to permit such licensee to comply with paragraph 
(1) of this subsection.'. 
47 use 399. 
Grant. 
47 use 391. 
TELECOMMUNICATIONS DEMONSTRATIONS 
SEC. 8. The Communications Act of 1934 is amended by adding after 
section 392 the following new section: 
a, 
Grants and 
contracts. 
Application 
approval. 
TELECOMMUNICATIONS DEMONSTRATIONS 
"SEC. 392A. (a) It is the purpose of this section to promote the 47 USe 392a. 
development of nonbroadcast telecommunications facilities and serv-
ices for the transmission, distribution and delivery of health, educa-
tion, 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 tele-
communications demonstrations. 
"(b) The Secretary may approve an application submitted under 
subsection (a) if he determines— 
"(1) that the project for which application is made will demon-
strate innovative methods or techniques of utilizing nonbroadcast 
telecommunications equipment or facilities to satisfy the purpose 
of this section; 
"(2) that demonstrations and related activities assisted under 
this section will remain under the administration and control of 
the applicant; 
"(3) that the applicant has the managerial and technical 
capability to carry out the project for which the application is 
made; and 
"(4) that 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) Upon approving any application under this section 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 sum available 
therefor, in advance or by way of reimbursement, and in such install-
ments consistent with established practice, as he may determine. 
"(d) Funds made available pursuant to this section 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 incident to the installation of such facilities or 
equipment. 
90 STAT. 686 
PUBLIC LAW 94-309—JUNE 5, 1976 
"Nonbroadcast 
telecommuni-
cations 
facilities." 
Summary and 
evaluation. 
Appropriation 
authorization. 
"(e) For purposes of this section, the term 'nonbroadcast telecom-
munications facilities' includes, but is not limited to, cable television 
systems, communications satellite systems and related terminal equip-
ment, and other methods of transmitting, emitting, or receiving images 
and sounds or intelligence by means of wire, radio, optical, electro-
magnetic or other means. 
"(f) The funding of any demonstration pursuant to this section 
shall continue for not more than three years from the date of the 
original grant or contract. 
"(g) The Secretary shall require that the recipient of a grant or 
contract under this section 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) There are authorized to be appropriated $1,000,000 for the 
fiscal year ending September 30, 1977, and $250,000 for the period 
July 1, 1976, through September 30, 1976, to carry out the provisions 
of this section. Sums appropriated under this subsection for any fiscal 
year or period shall remain available for payment of grants or con-
tracts for projects for which applications approved under this section 
have been submitted within one year after the last day of such fiscal 
year or period.". 
Approved June 5, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-772 (Comm. on Interstate and Foreign Commerce). 
SENATE REPORT No. 94-813 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Jan. 20, considered and passed House. 
May 13, considered and passed Senate, amended. 
May 25, House concurred in Senate amendments.