TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPIIS

Chapter I.-TELEGRAPHS SUBPART B.-CORPORATION FOR PUBLIC BROADCASTING Sec. Sec. 17. Establishment of telegraph or cable lines by foreign- 396. Corporation for Public Broadcasting. ers prohibited. (a) Congressional declaration of policy. (b) Establishment of Corporation; application of §17. Establishment of telegraph or cable lines by District of Columbia Nonprofit Corporation foreigners prohibited. Act. (c) Board of Directors; number of members; No telegraph or cable lines owned or operated or appointment; political party affiliation; controlled by persons not citizens of the United qualifications; representation of interests; States, or by any foreign corporation or government, term of oilce; vacancies. shall be established in or permitted to enter Alaska. (d) Election of Chairman and Vice Chairman or Vice Chairmen; nonfederal employment (May 26, 1900, ch. 586, 31 Stat. 206.) status of members; compensation and travel expenses. CROSS REFERENCES (e) Officers and employees; term of office, com- Alaska communications disposal, disqualification! of pensation, qualifications, and removal; aliens, see section 782 of Title 40, Public Buildings, Prop- political party affiliation, political test or erty, aold Works. qualification when taking personnel actions. (f) Nonprofit and nonpolitical nature of the Chapter 4.-RADIO ACT OF 1927 Corporation. (g) Purposes and activities of the Corporation; §§84ia, Sib. Repealed. Pub. L. 89-551, §8(a), Sept. 6, powers under the District of Columbia Non- 1966, 80 Stat. 617. profit Corporation Act. (h) Authorization for free or reduced rate inter- Section 84a, act Mar. 4, 1929, ch. 701, j 5, 45 Stat. 1559, connection service. provided for appointment and pay of a general counsel, (I) Report to Congress. assistants to the general counsel, and othir legal assist- (J) Repeal, alteration, or amendment. ants to the Federal Radio Commission. (k) Financing. Section 84b, act Dec. 18, 1929, ci. 7, § 3, 46 Stat. 50, (1) Records and audit of the Corporation and the provided for appointment and pay of a chief engineer, recipients of assistance. assistants to the chief engineer, and other technical assist- ants to the Federal Radio Commission. SUBPART C.-GENERAL PROVISIONS 397. Definitions. 398. Federali Interference or control prohibited. Chapter 5.-WIRE OR RADIO COMMUNICATION 399. Editorializing and support of political candidates prohibited. SUBCHAPTER I1.-COMMON CARRIERS Sec. CHAPTER REFERRED TO IN OTHER SECTIONS 223. Obscene or harassing telephone calls in the District This chapter is referred to in title 18 section 2511. of Columbia or in interstate or foreign commun- cations INew]. SUBCHAPTER I.-GENERAL PROVISIONS SUBCHAPTER I1.-SPECIAL PROVISIONS RELATING § 153. Definitions. TO RADIO For the purposes of this chapter, unless the con- PART I.-GENERAL PROVISIONS text otherwise requires- 302a. Devices which interfere with radio reception; regu- , e * S S lations; restrictions; exceptions [Newl (e) "Interstate communication" or "inter.tate

PART IV.-GRANTS FOR NONCOMMERCIAL EDUCATIONAL transmission" means communication or transmis- BROADCASTING FACILITIES; CORPORATION FOR PUBLIC sion (1) from any State, Territory, or possession of BROADCASTING the United States (other than the Canal Zone), or

SUBPART A.-GRANTS FoR FACILITIES the District of Columbia, to any other State, Ter- 390. Declaration of purpose. ritory, or possession of the United States (other 391. Authorization of appropriations. than the Canal Zone), or the District of Columbia, 392. Grants for construction. (2) from or to the United States to or from the (a) Applications for grants. Canal Zone, Insofar as such communication or trans- (b) Maximum on grants in any State. mission takes place within the United States, or (3) (c) Notice to State educational television and radio agencies. between points within the United States but through (d) Criteria for approval by Secretary. a foreign country; but shall not with respect to tie (e) Federal share of cost of construction. provisions of subchapter II of this chapter (other (f) Recovery of funds upon termination of re- than section 223 of this title), Include wire or radio lationship with applicant or other owner communication between points in the same State, of facilities, or use of facilities for other than educational purposes. Territory, or possession of the United States, or the 393. Records; access by Secretary and the Comptroller District of Columbia, through any place outside General. thereof, if such communication Is regulated by a 394. Rules and regulations. State commission. 395. Provision of assistance by Commission. Page 3537 § 154 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS Page 3538

(w) * required by this chapter or the rules and regulations * *b of the Commission made pursuant to this chapter, (5) "Nuclear ship" means a ship provided with a for the use or operation of apparatus for transmis- nuclear powerplant. sion of energy, or communications, or signals by (x) "Radiotelegraph auto alarm" on a ship of the radio, by whatever name the instrument may be United States subject to the provisions of sections designated by the Commission. 351-362 of this title means an automatic alarm re- (dd) "Broadcast station", "broadcasting station", ceiving apparatus which responds to the radiotele- or "radio broadcast station" means a radio station graph alarm signal and has been approved by the equipment to engage in broadcasting as herein de- Commission. "Radiotelegraph auto alarm" on a fined. foreign ship means an automatic alarm receiving (cc) "Construction permit" or "permit for con- apparatus which responds to the radiotelegraph struction" means that instrument of authorization alarm signal and has been approved by fhe govern- required by this chapter or the rules and regulations ment of the country in which the ship is registered: of the Commission made pursuant to this chapter Provided, That the United States and the country for the construction of a station, or the installation in which the ship is registered are parties to the of apparatus, for the transmission of energy, or same treaty, convention, or agreement prtscribing communications, or signals by radio, by whatever the requirements for such apparatus. Nothing in name the instrument may be designated by the this chapter or in any other provision of law shall Commission. be construed to require the recognition of a radio- (ff) "Great Lakes Agreement" means the Agree- telegraph auto alarm as complying with sections ment for the Promotion of Safety on the Great 351-362 of this title, on a foreign ship subject to Lakes by Means of Radio in force and the regula- such sections, where the country in which the ship tions referred to therein. (As amended Aug. 13, is registered and the United States are not parties 1965, Pub. L. 89-121, § 1, 79 Stat. 511; May 3, 1968, to the same treaty, convention, or agreement pre- Pub. L. 90-299, § 2, 82 Stat. 112.) scribing the requirements for such apparatus. AMENDMENTS (y) (1) "Operator" on a ship of the United States 1968---Stubsec. (e). Pub. L. 90-299 inserted "(other than means, for the purpose of sections 351-362 and section 223 of this title)" following "subchapter II of this chapter". 381-386 of this title, a person holding a radio oper- 1965-Subsec. (w). Pub. L. 89-121, § 1(1), added par. ator's license of the proper class as prescribed and (5). issued by the Commission. Subsec. (x). Pub. L. 89-121, §1(2), among other (2) "Operator" on a foreign ship means, for the changes, substituted "radiotelegraph auto alarnm" for "auto-alarm" wherever appearing, purpose "receiving apparatus of sections 351-362 of this title, a person which responds to the radiotelegraph alarm signal' for holding a certificate as such of the proper class "receiver" in two instances, and "country in which the complying with the provisions of the radio regula- ship is registered" for "country to which the ship be- tions annexed to the International Telecommunica- longs" and for "country of origin." Subsec. tion Convention in force, or complying with an (y). Pub. L. 89-121. § 1(3), eliminated the term "qualified operator" from pars. (1) and (2), and sub- agreement or treaty between the United States and stituted "country in which the ship Is registered" for the country in which the ship is registered. "country to which the ship belongs." (z) (1) "Radio officer" on a ship of the United Subsec. (z). Pub. L. 89-121, § 1(4) (D), (E), added subsec. (z) and redesignated former States means, for the purpose subsec. (z) as (an). of sections 351-362 Subsec. (an). Pub. L. 89-121, § 1(4) (A), (D), re- of this title, a person holding at least a first or second designated former subsec. (z) as (an) and former sub- class radiotelegraph operator's license as prescribed sec. (aa) as (bb). and issued by the Commission. When such person Subsecs. (bb)-(dd). Pub. L. 89-121, § 1(4)(A), re- is employed to operate a radiotelegraph station designated former subsecs. (aa)-(cc) as (bb)-(dd) and former subsec. (dd) as (ec). aboard a ship of the United States, he is also re- Subsec. (c). Pub. L. 89-121, § 1(4) (A), (B), redes- quired to be licensed as a "radio officer" in accord- ignated former subsec. (dd) as (ce), and repealed former ance with the Act of May 12, 1948. subsec. (cc) which defined "existing Installation." (2) "Radio officer" on a foreign ship means, for Subsec. (if). Pub. L. 89-121, § 1(4) (B), (C), redes- ignated former subsec. (gg) as (if) and repealed former the purpose of sections 351-362 of this title, a per- subsec. (ff) which defined new installation. son holding at least a first or second class radio- Subsec. (gg). Pub. L. 89-121, § 1(4) (C), redesignated telegraph operator's certificate complying with the former subsec. (gg) as (ff). provisions of the radio regulations annexed to the SECTION REFERRED TO IN OTIIER SECTIONS International Telecommunication Convention in This section is referred to in title 18 section 2510. force. (aa) "Harbor" or "port" means any place to which § 151. Federal Communications Commission. ships may resort for shelter or to load or unload REPEALS passengers or goods, or to obtain fuel, water, or Act Oct. 15, 1049, ch. 695, § 5(a), 63 Stat. 880, cited supplies. This term shall apply to such places to the text, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 655. whether proclaimed public or not and whether nat- ural or artificial. TRANSFER OF FUNCTIONS (bb) "Safety convention" means the International All ofices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchandise Convention for the Safety of Life at Sea in force and of the Bureau of Customs of the Department of the Treas- the regulations referred to therein. ury to which appointments weie required to be made by (cc) "Station license", "radio station license", or the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated "license" means that instrument of authorization not later than December 31, 1966, by Reorg. P;an No. 1, Page 3539 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS of 1065, eft.May 25, 1965, 30 P.R. 7035, 79 Stat. 1317, tion of devices for its own use by a public utility set out in the Appendix to Title 5, Government Organiza- engaged in providing electric service, or to devices tion and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by for use by the Government of the United States or Reorg. Plan No. 26 of 1950, eft. July 31, 1050, 15 F.R. 4935, any agency thereof. Devices for use by the Govern- 64 Stat. 1280, set out in the Appendix to Title 5. nient of the United States or any agency thereof

SiCTION REFERRED TO IN OTHER SECTIONS shall be developed, procured, or otherwise acquired, Thf' section is referred to in title 5 section 5549. including offshore procurement, under United States Government criteria, standards, or specifications de- SUBCHAPTER II.-COMMON CARRIERS signed to achieve the common objective of reducing interference to radio reception, taking into account SUBCIIAI'TEI REFERRED TO IN OTHER SECTIONS This subchapter is referred to In section 153 of this the unique needs of national defense and security. title. (June 19, 1934, ch. 652, title III, § 302, as added July 5, 1968, Pub. L. 90-379, 82 Stat. 290.) §223. Obscene or harassing telephone calls in the I)istrict of ('olumbia or in interstate or foreign §303. Powers and duties of Commission. C:ommunllnicat|ions. Except as otherwise provided in this chapter, tie Whoever- Commission from time to time, as public conven- (1) in the District of Columbia or in interstate ience, interest, or necessity requires, shall- or foreign conllunication by means of telephone- (A) makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, (q) Have authority to require the painting and/or filthy, or indecent; illumination of radio towers if and when in its judg- (B) makes a telephone call, whether or not ment such towers constitute, or there is a reasonable conversation ensues, without disclosing his iden- possibility that they may constitute, a menace to tity and with intent to annoy, abuse, threaten, air navigation. The permittee or licensee shall or harass any person at the called number; maintain the painting and/or illumination of the (C) makes or causes the telephone of another tower as prescribed by the Commission pursuant to repeatedly or continuously to ring, with intent this section. In the event that the tower ceases to be to harass any person at the called number; or licensed by the Commission for the transmission of (D) makes repeated telephone calls, during radio energy, the owner of the tower shall maintain which conversation ensues, solely to harass any the prescribed painting and/or illumination of such person at the called number; or tower until it is dismantled, and the Commission may require the owner to dislnantle and remove the (2) knowingly permits any telephone under his control to be used for any purpose prohibited by tower when the Administrator of the Federal Avia- this section, tion Agency determines that there is a reasonable possibility that it may constitute a menace to air shall be fined not nore than $500 or imprisoned not navigation. more than six months, or both. (June 19, 1934, ch. 652, title II, § 223, as added May 3, 1968, Pub. L. 90-299, § 1, 82 Stat. 112.) (As amended Oct. 19, 1965, Pub. L. 89-268, 79 Stat. 990.) SECTION REFERRED TO IN OTHER SECTIONS AMENDMENTS This section is referred to in section 153 of this title. 1965---Subsec. (q). Pub. L. 89-268 required abandoned SUBCHAPTER III.-SPECIAL PROVISIONS or unused radio towers to continue to meet the same painting and lighting requirements that would be appli- RELATING TO RADIO cable if such towers were being used in connection with transmission of radio energy pursuant to a license issued PART I.-GENERAL PROVISIONS by the Commission and authorized the Commission to direct dismantlement of such towers when the Admin- §302a. Devices which interfere with radio reception; istrator of the Federal Aviation Agency determines that regulations; rest rictions; exceptions. there is a reasonable possibility that they may consti- (a) The Comnission may, consistent with the tute a menace to air navigation. public interest, convenience, and necessity, make PART II.-RADIO EQUIPMENT AND RADIO OPERATIONS reasonable regulations governing the interference potential of devices which in their operation are cap- ON BOARD SIP able of emitting radio frequency energy by radiation, §351. Ship radio stations ,and operations. conduction, or other means in sufficient degree to (a) Except as provided in section 352 hereof it cause harmful interference to radio communications. shall be unlawful- Such regulations shall be applicable to the manu- (1) For any ship of the United States, other facture, import, sale, offer for sale, shipment, or use than a cargo ship of less than three hundred of such devices. gross tons, to be navigated in the open sea out- (b) No person shall manufacture, import, sell, side of a harbor or port, or for any ship of the offer for sale, ship, or use devices which fail to com- United States or any foreign country, other than ply with regulations promulgated pursuant to this a cargo ship of less than three hundred gross section. tons, to leave or attempt to leave any harbor or (c) The provisions of this section shall not be ap- port of the United States for a voyage in the open plicable to carriers transporting such devices with- sea, unless such ship is equipped with an efficient out trading in them, to devices manufactured solely radio station in operating condition, as specified for export, to the manufacture, assembly, or installa- by subparagraphs (A) and (B) of this paragraph, § 352 TITLE 47.-TELEGRAPHS, TELEPHONES. AND RADIOTELEGRAPHS Page 3540

in charge of and operated by one or more radio third meridian, or to a ship leaving or attempting officers or operators, adequately installed and pro- to leave any harbor or port of the United States tected so as to insure proper operation, and so for a voyage solely on such waters and within as not to endanger the ship and radio station as such area; hereinafter provided, and, in the case of a ship (8) A ship which is navigated during the course of the United States, unless there is on board a of a voyage both on the Great Lakes of North valid station license issued in accordance with America and in the open sea, during the period this chapter. while such ship is being navigated within the (A) Passenger ships irrespective of size and Great Lakes of North America and their connect- cargo ships of one thousand six hundred gross ing and tributary waters as far cast as the lower tons and upward shall be equipped with a radio- exit of the Saint Lambert lock at Montreal in telegraph station complying with the provisions the Province of Quebec, Canada. of sections 351-362 of this title; (b) Except for nuclear ships, the Commission (B) Cargo ships of three hundred gross tons may, if it considers that the route or the conditions and upward but less than one thousand six hun- of the voyage or other circumstances are such as to dred gross tons, unless equipped with a radio- render a radio station unreasonable or unnecessary telegraph station complying with the provi- for the purposes of sections 351-362 of this title, sions of this part, shall be equipped with a exempt from the provisions of such section.s any radiotelephone station complying with the pro- ship or class of ships which falls within any of the visions of such sections. following descriptions: (2) For any ship of the United Stater. of one k1) Passenger ships which in the course of their thousand six hundred gross tons and upward to voyage do not go more than twenty nautical be navigated in the open sea outside of a harbor miles from the nearest land or, alternatively, do or port, or for any such ship of the United Stetes not go more than two hundred nautical miles or any foreign country to leave or attempt to leave between two consecutive ports; any harbor or port of the United States for a voyage in LiI e open sea, Uniess sUch ship is (d) Except for nuclear ships, and except for ships equipped with efficient radio direction finding a;- of five thousand gross tons and upward which are paratus appr eyed by the Commission, properly subject to the Safety Convention, the Commission adjusted in ooperating condition as hereinafter may exempt from the requirements, for radio direc- provided. tion finding apparatus, of sections 351-362 of this * * title and of the Safety Convention, any ship which (As amended AAug. 13, 1965, Pub. L. 89-121, § 2, falls within the descriptions set forth in paragraphs 79 Stat. 512.) (1), (2), (3), and (4) of subsection (b) of this sec- AMENDMENTS tion, if it considers that the route or conditions of 1965-Subsec. (aa). Pub. L. 89-121, § 2(b), substituted the voyage or other circumstances are such as to "radio station" forr "radio installation" in two instances, render such apparatus unreasonable or unneces- broadened coverag e so as to extend to vessels over 300 tons salT. (As amended Aug. 13, 1965, Pub. L. 89-121, rather than 500 tons, required passenger ships irrespec- tive of size and cargo ships over 1600 tons to be equipped § 3, 79 Stat. 512.) with a radio tele graph station and cargo ships over 300 AMENDMENTS tons, unless equip ped with a radiotelegraph station, to be 1965-Pub. L. 89-121, § 3(a), added pars. (6)-(8) and equipped with a radiotelephone station, and eliminated eliminated former par. (6) which made the provisions provisions which empowered the Commission to defer of sections 351-362 of this title inapplicable to a vessel the application off the provisions of paragraphs (1) and navigating solely on the Great Lakes, or on any bays, (2) of this subsecttion for periods not beyond Jan. 1, 1955, sounds, rivers, or protected waters within the jurisdiction and Nov. 19, 1954, espectively. of the United States, or to a vessel leaving or attempting to leave any harbor or port of the United States for a SECTION REFERRED TO IN OTHER SECTIONS voyage solely on the Greal Lakes, or on any bays, sounds, This section is referred to in sections 153, 352, 353, 353a, rivers, or protected waters within the jurisdiction of the 354, 359 of this titl e. United States. Subsec. (b). Pub. L. 89-121, § 3(b), excepted nuclear § 352. Vessels ex erpt from provisions, ships and substituted "or, alternatively, do not g,) more ('a) The prov isions of sections 351-362 of this than two hundred nautical miles" for "or more than two ply to- hundred nautical miles." title shall not ap Subsec. (d). Pub. L. 89-121, § 3(c), added subsec. (d). * * * SECTION REFERRED TO IN OTHER SECTIONS (6) A ship navigating solely on any bays, This section Is referred to in sections 153, 351, 353, 353a, sounds, rivers or protected waters within the 359 of this title. jurisdiction off the United States, or to a ship §353. Radio officers, watches, auto alarm-radiotele- leaving or atteempting to leave any harbor or port graph equipped ships. of the United States for a voyage solely on any (a) Each cargo ship which in accordance with bays, sounds, rivers, or protected waters within sections 351-362 of this title is equipped with a the jurisdictiorn of the United States; radiotelegraph station and which is not equipped (7) A ship r anvigating solely on the Great Lakes with a radiotelegraph auto alarm, and each pas- of North America and the River Saint Lawrence senger ship required by sections 351-362 of this as far east ass a straight line drawn from Cap title to be equipped with a radiotelegraph station, des Rosters to West Point, Anticosti Island, and shall, for safety purposes, carry at least two radio on the north side of Anticosti Island, the sixty- officers. Page 3541 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS § 354

(b) A cargo ship which in accordance with sec- may be a member of the crew holding only a certificate for radio telephony,", inserted the words "in the open tions 351-362 of this title is equipped with a radio- sea" preceding "outside of a harbor," and required a con- telegraph station, which is equipped with a radio- tinuous watch whenever the station is not being used telegraph auto alarm, shall, for safety purposes, for authorized traffic. carry at least one radio officer who shall have had SECTION4 REFERRED TO IN OTHER SECTIONS at least six months' previous service in the aggre- This section. is referred to in section 153 of this title. gate as a radio officer in a station on board a ship or ships of the United States. §354. Technical requirements of equipment on radio- telegraph equipped ships. (c) Each ship of the United States which in ac- The radiotelegraph station and the radio direction cordance with sections 351-362 of this title is equipped with a radiotelegraph station shall, while finding apparatus required by section 351 of this title being navigated in the open sea outside of a harbor shall comply with the following requirements: or port, keep a continuous watch by means of radio (a) The radiotelegraph station shall include a main installation and a reserve installation, elec- officers whenever the station is not being used for authorized traffic: Provided, That, in lieu thereof, trically separate and electrically independent of on a cargo ship equipped with a radiotelegraph auto each other: Provided, That, in installations on cargo ships of three hundred gross tons and up- alarm in proper operating condition, a watch of at hundred gross least eight hours per day, in the aggregate shall be ward but less than one thousand six maintained by means of a radio officer. tons, and in installations on cargo ships of one (d) The Commission shall, when it finds it neces- thousand six hundred gross tons and upward in- prior main sary for safety purposes, have authority to prescribe stalled to November 19, 1952, if the transmitter complies with all the requirements for the particular hours of watch on a ship of the United States which in accordance with sections 351-362 the reserve transmitter, the latter may be omitted. (b) The radiotelegraph station shall be so lo- of this title is equipped with a radiotelegraph station. extrane- (e) On all ships of the United States equipped cated that no harmful interference from with a radiotelegraph auto alarm, said apparatus ous mechanical or other noise will be caused to shall be in operation at all times while the ship is the proper reception of radio signals, and shall in a posi- being navigated in the open sea outside of a harbor be placed in the upper part of the ship as or port when the radio officer is not on watch. (As tion of the greatest possible safety and as high amended Aug. 13, 1965, Pub. L. 89-121, § 4,79 Stat. practicable above the deepest load waterline. The 513.) location of the radiotelegraph operating room or REFERENCES IN TEXT rooms shall be approved by the Commandant of Section 302 Included within sections 301 to 362 of this the Coast Guard. The radiotelegraph installa- title, referred to in subsec. (b), was repealed by act June tion shall be installed in such a position that it will 5,1936, ch. 511, § 1, 49 Stat. 1475. be protected against the harmful effects of water AMENDMENTS or extremes of temperature, and shall be readily 1965--Pub. L. 89-121, among other changes, substituted accessible both for immediate use in case of dis- wherever appearing "radiotelegraph station" for "radio- tress and for repair. installation," "radiotelegraph auto alarm" for telegraph (c) The radiotelegraph operating room shall be "auto-alarm," and "radio officer" and "radio officers" for "qualified operator" and "qualified operators," required of sufficient size and of adequate ventilation to a continuous watch to be kept when the radiotelegraph enable the main and reserve radiotelegraph in- station Is not being used for authorized traffic, and in- stallations to be operated efficiently, and shall not serted "while being navigated in the open sea" in two instances. be used for any purpose which will interfere with the operation of the radiotelegraph station. The SECTION REFERRED TO IN OTHER SECTIONS sleeping accommodation of at least one radio offi- This section is referred to in sections 153, 351, 352, 353a, cer shall be situated as near as practicable to the 359 of this title. radiotelegraph operating room. In ships the keels §353a. Operators and watches on radiotelephone of which are laid on or after May 26, 1965, this equipped ships. sleeping accommodation shall not be within the (a) Each cargo ship which in accordance with radiotelegraph operating room. sections 351-362 of this title is equipped with a ra- (d) The main and reserve installations shall be diotelephone station shall, for safety purposes, cas'y capable of transmitting and receiving on the fre- at least one operator who may be the master, an quencies, and using the classes of emission, desIg- officer, or a member of the crew. nated by the Commission pursuant to law for the (b) Each cargo ship of the United States which purposes of distress and safety of navigation. in accordance with sections 351-362 of this title is (e) The main and reserve installations shall, equipped with a radiotelephone station shall, while when connected to the main antenna, have a being navigated in the open sea outside of a harbor minimum normal range of two hundred nautical or port, maintain continuous watch whenever the miles and one hundred nautical miles, respec- station is not being used for authorized traffic. (As tively; that is, they must be capable of transmit- amended Aug. 13, 1965, Pub. L. 89-121, § 5, 79 Stat. ting and receiving clearly perceptible signals from 514.) ship to ship by day and under normal conditions AMENDMENTS and circumstances o'er the specified ranges. 1965-Pub. L. 89-121 substituted "radiotelephone sta- (f) Sufficient elect 1cal energy shall be available tion" for "radiotelephone installation" in two instances, operac and "one operator who may be the master, an officer, or at all times to the main installation over a member of the crew" for "one qualified operator who the normal range required by subsection (e) of § 354a TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS Page 3542

this section as well as for the purpose of charging tions over the range specified in subsection (d) of this any batteries forming part of the radiotelegraph section." Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 89-121 redesignated former sub- station. sec. (f) as (g), directed that the reserve source of energy (g) The reserve installation shall include a and its switchboard shall be as high as practicable In source of electrical energy independent of the the ship and readily accessible to the radio officer, and propelling power of the ship and of any other eliminated provisions which stated that for the emergency be at least electrical or reserve Installation the normal range shall system and shall be capable of being put 100 nautical miles. Former subsec. (g) redesignated (h). into operation rapidly and of working for at least Subsec. (h). Pub. L. 89-121 redesignated former sub- six continuous hours. The reserve source of en- sec. (g) as (h), and substituted provisions requiring ergy and its switchboard shall be as high as prac- the method of communication between the bridge and the radiotelegraph room and ticable in the location of the radio di- the ship and readily accessible to the rection finding apparatus to be an efficient two-way sys- radio officer. tem for calling and voice communication for provisions (h) There shall be provided between the bridge which required an efficient means of communication. of the ship and the radiotelegraph operating room, Former subsec. (h) redesignated (1). Subsec. and between the bridge and the location of the (1). Pub. L. 89-121 redesignated former sub- sec. (h) as (I), and substituted provisions requiring the radio direction finding apparatus, when such ap- apparatus to be capable of receiving signals with the paratus is not located on the bridge, an efficient minimum of receiver noise for provisions which required two-way system for calling and voice communica- tileapparatus to be capable of receiving clearly percep- tible signals. tion which shall be independent of any other communication system in the ship. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in ;ections 153, 351, 352, 353, (I) The radio direction finding apparatus shall 353a. 354a, 359 of this title. be efficient and capable of receiving signals with the minimum of receiver noise and of taking bear- § 35Ta. Technical requirements of equipment on radio- telephone equipped ships. ings from which the true bearing and direction Cargo ships of three hundred gross tons and up- may be determined. It shall be capable of receiv- ward but less than one thousand six hundred gross ing signals on the radiotelegraph frequencies as- tons may, in lieu of the radiotelegraph prescribed by signed by the radio regulations annexed to the section 354 of this title, be equipped with a radio- International Telecommunication Convention in telephone station complying with the following re- force for the purpose of distress, direction finding, quirements: and maritime radio beacons, and, in installations (a) The radiotelephone station shall be in the made after May 26, 1965, such other f-'equencies as upper part of the ship, so located that it is shel- the Commission may for safety purposes designate. tered to the greatest possible extent from noise (As amended Aug. 13, 1965, Pub. L. 89-121, § 6, 79 which might impair the correct reception of mes- Stat. 514.) sages and signals, and, unless such station is sit- AMENDMENTIS uated on the bridge, there shall be efficient com- 1965-Pub. L. 89-121 substituted "radiotelegraph sta- munication with the bridge. tion" for "radio Installation" in the opening provisions. (b) The radiotelephone installation shall be Subsec. (a). Pub. L. 89-121, among other changes, sub- stituted "radiotelegraph station" for "radio installation", capable of transmitting and receiving on the fre- required the main installation and the reserve instal- quencies, and using the classes of emission, des- lation to be electrically separate and independent of each ignated by the Commission pursuant to law for other, and included cargo ships between 300 and 500 tons the purposes of distress within the ships that may omit the reserve transmitter and safety of navigation. if the main transmitter complies with all the require- (c) The radiotelephone installation shall have ments for the reserve transmitter. a minimum normal range of one hundred and Subsec. (b). Pub. L. 89-121 required the radiotelegraph fifty nautical miles; that is, it shall be capable station to be so located that no harmful interference will be caused to the proper reception of radio signals, and of transmitting and receiving clearly perceptible to be installed in such a position that it will be protected signals from ship to ship by day and under normal against the harmful effects of water or extremes of tem- conditions and perature, and will be readily accessible both for imme- circumstances over this range. diate use in case of distress and for repair. (d) There shall be available at all times a main Subsec. (c). Pub. L. 89-121 added subsec. (c) and re- source of electrical energy sufficient to operate the designated former subsec. (c) as (d). installation Subsec. (d). Pub. L. 89-121 redesignated former sub- over the normal range required by sec. (c) as (d), and substituted "main and reserve in- subsection (c) of this section. If batteries are stallations shall be capable of transmitting and receiving provided they shall have sufficient capacity to on the frequencies, and using the classes of emission, des- ignated" for "main and emergency or reserve installa- operate the transmitter and receiver for at least tions shall be capable of transmitting and receiving on six continuous hours under normal working con- the frequencies and types of waves designated." Former ditions. In installations made on or after Novem- subsec. (d) redesignated (e). Subsec. (e). Pub. L. 89-121 redesignated former sub- ber 19, 1952, a reserve source of electrical energy sec. (d) as (e), and inserted provisions requiring the re- shall be provided in the upper part of the ship serve installation to have a minimum normal range of unless the main source of energy is so situated. 100 nautical miles. Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 89-121 redesignated former sub- (As amended Aug. 13, 1965, Pub. L. 89-121, § 7, 79 sec. (e) as (f), and substituted "electrical energy" for Stat. 515.) "power" and "operate the main installation over the AMENDMENTS normal range required by subsection (e) of this section 1065-Pub. L. 89-121 limited the opening provisions to as well as for the purpose of charging any batteries form- cargo ships of 300 gross tons and upwards. ing part of the radiotelegraph station" for "operate the Subsec. (a). Pub. L. 89-121 required the radiotelephone main radio installation efficiently under normal condl- station to be so located that It is sheltered to the great- Page 3543 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS § 362 est possible extent from noise which might impair the 10 or above on the Beaufort scale for which no storm coirect reception of messages and signals. warning has been received to transmit the pertinent In- Subsec. (b). Pub. L. 89-121 substituted "on the fre- formation relating thereto. quencies, and using the classes of emission, designated" for "on the frequencies and with types of emissions des- SECTION REFERRED TO IN OTHER SECTIONS Ignated." This section is referred to in sections 153, 351, 352, 353, Subsec. (c). Pub. L. 89-121 substituted "radiotelephone 353a, 359 of this title. Installation" for "transmitter" and Inserted provisions requiring the installatia to be capable of receiving clear- §358. Master's control over operations. ly perceptible signals over the minimum normal range. SECTION REFERRED TO IN OTHER SECTIONS Subsec. (d). Pub. L. 89-121 substituted "a main source This section Is referred to in sections 153, 351, 352, 353, of electrical energy" for "a source of energy", "at least 353a, 350 of this title. six continuous hours" for "at least six hours continuous- ly", and "installations made on or after November 19, §359. Certificate of compliance; issuance, modifica. 1062, a reserve source of electrical energy" for "in instal- tion, and cancellation. lations an emergency source of energy." (a) Each vessel of the United States to which the SECTION REFERRED TO IN OTHER SECTIONS Safety Convention applies shall comply with the This section Is referred to in section 153 of this title. radio and communication provisions of said Conven- § 355. Survival craft. tion at all times while the vessel is in use, in addition Every ship required to be provided with survival to all other requirements of law, and shall have on craft radio by treaty to which the United States is board an appropriate certificate as prescribed by the a party, by statute, or by regulation made in con- Safety Convention. formity with a treaty, convention, or statute, shall (b) Appropriate certificates concerning the radio particulars be fitted with efficient radio equipment appropriate provided for in said Convention shall be to such requirement under such rules and regula- issued upon proper request to any vessel which is tions as the Commission may find necessary for subject to the radio provisions of the Safety Con- vention and safety of life. For purposes of this section, "radio is found by the Commission to comply therewith. Cargo ship equipment" shall include portable as well as non- safety radio telegraphy, Ler- tificates, cargo ship portable apparatus. (As amended Aug. 13, 1965, safety radiotelephony certifi- Pub. L, 89-121, § 8, 79 Stat. 516.) cates, and exemption certificates with respect to radio particulars shall be issued by the Commission. AMENDMENTS Other certificates concerning the radio particulars 1965-Pub. L. 89-121 substituted "survival craft" for provided "lifeboat." for in the said Convention shall be issued by the Commandant of the Coast Guard or whatever SECTION REFERRED TO IN OTHER SECTIONS other agency is authorized by law to do so upon re- This section is referred to in sections 153, 351, 352, 353, 353a. 359 of this title. quest of the Commission made after proper inspec- tion or determination of the facts. If the holder of § 356. Approval of installations by Commission. a certificate violates the radio provisions of the SECTION REFERRED TO IN OTHER SECTIONS Safety Convention or the provisions of this chapter, This section is referred to in sections 153, 351, 352, 353, or the rules, regulations, or conditions prescribed by 353a, 359 of this title. the Commission, and if the effective administration §357. Transmission of information concerning safety of the Safety Convention or of sections 351-362 of a; sea; charges. this title so requires, the Commission, after hearing (a) The master of every ship of the United States, in accordance with law, is authorized to modify or equipped with radio transmitting apparatus, which cancel a certificate which it has issued, or to request meets with dangerous ice, a dangerous derelict, a the modification or cancellation of a certificate tropical storm, or any other direct danger to naviga- which has been issued by another agency upon the tion, or encounters subfreezing air temperatures Commission's request. Upon receipt of such request associated with gale force winds causing severe ice for modification or cancellation, accretion on superstructures, or winds of force 10 the Commandant of the Coast Guard, or whatever agency is author- or above on the Beaufort scale for which no storm ized by law to do so, shall modify or cancel the cer- warning has been received, shall cause to be trans- tificate in accordance therewith. (As amended mitted all pertinent information relating thereto Aug. 13, 1965, Pub. L. 89-121, § 10, 79 Stat. 516.) to ships in the vicinity and to the appropriate au- AMENDMENTS thorities on land, in accordance with rules and regu- 1965-Subsec. (b). Pub. L. 89-121 substituted "Cargo lations issued by the Commission. When they ship safety radio telegraphy certificates, cargo ship safety consider it necessary, such authorities of the United radiotelephony certificates, and exemption certificates Stat,,s shall promptly bring the information re- with respect to radio particulars shall be issued" for ceived by them to the knowledge of those concerned, "Safety Radiotelegraphy Certificates and Safety Radio- telephony Certificates, as including interested prescribed by the said Conven- foreign authorities. tion, and Exemption Certificates issued in lieu of such * ** * certificates, shall be issued."

(As amended Aug. 13, 1965, Pub. L. 89-121, 9, 79 SECTION REFERRED TO IN OTHER SECTIONS Stat. 516.) This section is referred to In sections 153, 351, 352, 353, AMENDMENTS 353a, of this title. 1965-Subsec. (a). Pub. L. 89-121 directed the master of every ship of the United States equipped with radio §§360-362. transmitting apparatus which encounters subfreezing air SECTIONS REFERRED TO IN OTHER SECTIONS temperatures associated with gale force winds causing These sections are referred to in sections 153, 351, 352, severe ice accretion on superstructures, or winds of force 353, 353a, 359 of this title. 33-381 0-70-vol. .3- 11 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS Page 3544

PART III.-RADIO INSTALLATIONS ON VESSELS CARRYING section prior to July 1, 1974. (As amended Nov. 7, PASSENGERS FOR HIRE 1967, Pub. L. 90-129, title I, § 101, 81 Stat. 365; 381-386. Oct. 27, 1969, Pub. L. 91-97, § 2, 83 Stat. 146.)

SECTIONS REFERRED TO IN OTHER SECTIONS AMENDMENTS These sections are referred to in section 153 of this title. 1969--Pub. L. 91-97 authorized appropriations of $15,. 000,000 for the fiscal year ending June 30, 1971, and for PART IV.-GRANTS FOR NONCOMMERCIAL EDUCATIONAL each of the two succeeding fiscal years, and extended date BROADCASTING FACILITIES; CORPORATION FOR PUBLIC for submission of applications from "prior to July 1, 1971" to "prior to July 1, 1974". BROADCASTING 1967-Pub. L. 90-129 authorized appropriations of $10,500,000, and $12,500,000, and $15,000,000 for fiscal SUBPART A.-GRANTS FOR FACILITIES years ending June 30, 1968, 1969, and 1970, and extended date for submission of applications from "prior to July §390. Declaration of purpose. 1, 1968", to "prior to July 1, 1971". The purpose of this subpart is to assist (through SIORT TITLE matching grants) in the construction of noncom- Section 1 of Pub. L. 91-97 provided: "That this Act mercial educational television or radio broadcasting [which amended this section and section 396 of this titleI facilities. (As amended Nov. 7, 1967, Pub. L. 90-129, may be cited as the 'Educational Television and Radio title I, § 103(a), title II, § 201(2), 81 Stat. 365, 367.) Amendments of 1969'." AMENDMENTS §392. Grants for construction. 1967-Pub. L. 0-129 inserted "nonconunercial" and "or radio" and substituted "subpart" for "part", (a) Applications for grants. respectively. For each project for the construction of noncom- SHORT TITLE mercial educational television or radio broadcasting Section 1 of Pub. L. 90-129 provided: "That this Act facilities there shall be submitted to the Secretary [which enacted sections 396, 398, and 399 and amended an application for a grant containing such informa- sections 390-395, and 397 of this title, and enacted pro- visions set out as notes under sections 390 and 392 of tion with respect to such project as the Secretary this title! may be cited as the 'Public Broadcasting Act may by regulation require, including the total cost of 1967'." of such project and the amount of the Federal grant STUDY OF EDUCATIONAL AND INSTRUCTIONAL BROADCASTING requested for such project, and providing assurance Pub. L. 90-129, title 1U, if 301-303, Nov. 7, 1967, 81 satisfactory to the Secretary- Stat. 373, provided that: (1) that the applicant is (A) an agency or offi- "SEC. 301. [AuthorizationI The Secretary of Health, Edu- cation, and Welfare is authorized to conduct, directly or cer responsible for the supervision of public ele- by contract, and in consultation with other interested mentary or secondary education or public higher Federal agencies, a comprehensive study of instructional television and radio (including broadcast, closed circuit, education within that State, or within a political community antenna television, and Instructional tele- subdivision thereof, (B) In the case of a project vision fixed services and two-way communication of data for television facilities, the State noncommercial links and computers) and their relationship to each other and to instructional materials such as videotapes, films, educational television agency or, in the case of a discs, computers, and other educational materials or de- project for radio facilities, the State educational vices, and such other aspects thereof as may be of assist- radio agency, (C) a college or university deriving ance in determining whether and what Federal aid should be provided for instructional radio and television and the its support in whole or in part from tax revenues, form that aid should take, and which may aid communi- (D) (i) in the case of a project for television facil- whether and ties, institutions, or agencies in determining ities, a nonprofit foundation, corporation, or as- to what extent such activities should be used. "SeC. 302. [Reports to Congress] The study authorized sociation which is organized primarily to engage by this title shall be submitted to the President for trans- in or encourage noncommercial educational tele- mittal to the Congress on or before June 30, 1969. "SEC. 303. [Appropriationi There are authorized to be vision broadcasting and is eligible to receive a li- appropriated for the study authorized by this title such cense from the Federal Communications Commis- sums, not exceeding $500,000, as may be necessary." sion for a noncommercial educational television § 391. Authorization of appropriations. broadcasting station pursuant to the rules and There are authorized to be appropriated for the regulations of the Commission in effect on April fiscal year ending June 30, 1963, and each of the four 12, 1962, or (ii) in the case of a project for radio succeeding fiscal years such sums, not exceeding facilities, a nonprofit foundation, corporation, or $32,000,000 in the aggregate, as may be necessary association which is organized primarily to engage to carry out the purposes of section 390 of this title. In or encourage noncommercial educational radio There are also authorized to be appropriated for broadcusting and is eligible to receive a license carrying out the purposes of such section, $10,500,- from the Federal Communications Commission; 000 for the fiscal year ending June 30, 1968, $12,- or meets the requirements of clause (i) and is 500,000 for the fiscal year ending June 30, 1969, and also organized to engage in or encourage such $15,000,000 for the fiscal year ending June 30, 1970. radio broadcasting and is eligible for such a license There are also authorized to be appropriated for the for such a radio station, or (E) a municipality fiscal year ending June 30, 1971, and for each of the which owns and operates a broadcasting facility two succeeding fiscal years, $15,000,000 per fiscal transmitting only noncommercial programs; year. Sums appropriated pursuant to this section (2) that the operation of such educational shall remain available for payment of grants for broadcasting facilities will be under the control projects for which applications, approved under sec- of the applicant or a person qualified under para- tion 392 of this title, have been submitted under such graph (1) to be such an applicant; Page 3545 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS § 392

(3) that necessary funds to construct, operate, a grant to the applicant in the amount determined and maintain such educational broadcasting fa- by him, but not exceeding 75 per centum of the cilities will be available when needed; amount determined by the Secretary to be the rea- (4) that such broadcasting facilities will be sonable and necessary cost of such project. The used only for educational purposes; and Secretary shall pay such amount from the sum (5) that, in the case of an application with re- available therefor, in advance or by way of reim- spect to radio broadcasting facilities, there has bursement, and in such installments consistent with been comprehensive planning for educational construction progress, as he may determine. broadcasting facilities and services in the area the (f) Recovery of funds upon termii,ation of relation- applicant proposes to serve and the applicant has ship with applicant or other owner of facilities, participated in such planning, and the applicant or use of facilities for other than educational will make the most efficient use of the frequency purposes. assignment. If, within ten years after completion of any proj- ect for construction of educational television or (b) Maximum on grants in any State. radio broadcasting facilities with respect to which sections 390- The total of the grants made under a irant has been made under this section- 399 of this title from the appropriation for any fiscal (1) the applicant or other owner of such facil- year for the construction of noncommercial edu- ities ceases to be an agency, officer, institution, cational radio broadcasting facilities and noncom- foundation, corporation, or association described mercial educational radio broadcasting facilities in in subsection (a) (1) of this section, or any State may not exceed 82 per centum of such (2) such facilities cease to be used for non- appropriation. commercial educational television purposes or (c) Notice to State educational television and radio noncommercial educational radio purposes, as the agencies. ca,3e may be (unless the Secretary determines, in (1) In order to assure proper coordination of con- accordance with regulations, that there is good struction o noncommercial educational television cause for releasing the applicant or other owner broadcasting facilities within each State which has from the obligation so to do), established a State educational television agency the United States shall be entitled to recover from each applicant for a grant under this section for a the ap.olicant or other owner of such facilities the project for construction of such facilities in such amoun bearing the same ratio to the then value State, other than such agency, shall notify such (as determined by agreement of the parties or by agency of each application for such a grant which action brought in the United States district court is submitted by it to the Secretary, and the Secre- for the district in which such facilities are situated) tary shall advise such agency with respect to the of such facilities, as the amount of the Federal par- disposition of each such application. ticipation bore to the cost of construction of such (2) In order to assure proper coordination of facilities. (As amended Nov. 7, 1967, Pub. L. 90-129, construction of noncommercial educational radio title I, §§ 102, 103(b)-(e), 104, 81 Stat. 365-367.) broadcasting facilities within each State which has established a State educational radio agency, each AMENDMENTS applicant for a grant under this section for a proj- 1967-.'ubsec. (a). Pub. L. 90-129, § 103(b)(1), inserted "nonconmercial" and "or radio" in the introductory ect for construction of such facilities in such State, text. other than such agency, shall notify such agency Subsec. (a)(1)((B), Pub. L. 90-129, §103(b) (2), re- of each application for such a grant which is sub- quired the State educational television agency appli- mitted by it to the Secretary and the Secretary shall cant for a television facilities project to be a noncom- mercial agency and inserted requirement that applicant advise such agency with respect to the disposition for a radio facilities project be a State educational radio of each such application. agency. Subsec. (a) (1) (D). Pub. L. 90-120, § 103(b) (3), des- (d) Criteria for approval by Secretary. ignated existing provisions as cl.(1), made such cl.(i) The Secretary shall base his determinations of applicable to television facilities projects and noncommer- whether to approve applications for grants under cial television, and added cl. (ii) and provision for ap- this section and the amount of such grants on cri- plicant meeting both television and radio broadcasting requirements. teria set forth in regulations and designed to achieve Subsec. (a) (1) (E). Pub. L. 90-129, § 103(b) (4), added (1) prompt and effective use of all noncommercial cl. (E). educational television channels remaining available, Subsec. (a) (2)-(4). Pub. L. 90-129, § 103(b) (5),stl uck (2) equitable geographical distribution of educa- out "television" preceding "broadcasting facilities" In pars. (2) -(4). tional television broadcasting facilities or noncom- Subsec. (a)(5). Pub. L. 90-12D, N 103(b) (6), added mercial educational radio broadcasting facilities, as par. (5). the case may be throughout the States, and (3) pro- Subsee. (b). Pub. L. 90-129, § 102, substituted limita- vision of educational television broadcasting facil- tion on grants for construction of noncommercial edu- cational television and radio broadcasting facilities in ities or noncommercial educational radio broadcast- any State to 81/ per centum of fiscal year appropriation ing facilities, as the case may be, which will serve for former $1,000,000 limitation for construction of edu- the greatest number of persons and serve them in as cational television broadcasting facilities in any State. to Subsec. (c). Pub. L. 90-129, § 103(c), designated exist- many areas as possible, and which are adaptable ing provisions as par. (1), restricted such provisions to the broadest educational uses. noncommercial educational television broadcasting facili- and added par (2). (e) Federal share of cost of construction. ties, Subsec. (d). Pub. 90-129, § 103(d), Inserted in cls. (2) Upon approving any application under this section and (3) "noncommercial" and "or noncommercial edu- with respect to any project, the Secretary shall make cational radio broadcasting facilities, as the case may § 393 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS Page 3546 be," preceding and following "educational television § 395. Provision of assistance by Commission. broadcasting facilities", respectively. Subsec. (e). Pub. L. 90-129, 1 104, increased the maxi- The Federal Communications Commission is au- mum Federal share in the cost of constructing educa- thorized to provide such assistance in carrying out tional broadcasting facilities from 50 to 75 percent, the provisions of this subpart as may be requested by eliminated the additional credit, formerly allowed the the Secretary. The Secretary shall provide for con- grantee, of 25 percent of the cost of facilities owned by the applicant on the date his application is filed, eUm- sultation and close cooperation with the Federal inated the prohibition against using not more than 15 Communications Commission in the administration percent of a grant for the acquisition and installation of of his functions under sections 390-397 of this title Interconnection facilities, microwave equipment, boosters, which are of interest to or affect the functions of the translators, and repeaters, and provided for payment of cost of the project from the sum available therefor. Commission. (As amended Nov. 7, 1967, Pub. L. 90- Subsec. (f). Pub. L. 90-129, 1 103(e), inserted "or ra- 129, title II, § 201(2), 81 Stat. 367.) dio" in the introductory text and, in par. (2), "noncom- mercial" and "or noncommercial educational radio pur- AMENDMENTS poses, as the case may be" preceding and following "edu- 1967-Pub. L. 90-129 substituted "subpart" for -part", cational television purposes", respectively. In two Instances.

EFFECTIVE DATE OF 1967 AMENDMENT SUBPART B.-CORPORATION FOR PUBLIC BROADCASTING Section 102 of Pub. L. 00-129 provided in part that amendment of subsec. (b) by such section 102 shall be § 396. Corporation for Public Broadcasting. effective with respect to grants made from appropria- tions for any fiscal year beginning after June 30, 1967. (a) Congressional declaration of policy. The Congress hereby finds and declares- § 393. Records; access by Secretary and the Comptrol- (1) that it is in the public interest to encourage ler General. the growth and development of noncommercial (a) Each recipient of assistance under this sub- educational radio and television broadcasting, in- part shall keep such records ,as may be reasonably cluding the use of such media for instructional necessary to enable the Secretary to carry out his purposes; functions under this subpart, including records (2) that expansion and development of non- wh!ch fully disclose the amount and the disposition commercial educational radio and television by such recipient of the proceeds of such assistance, broadcasting and of diversity of its programing the total cost of the project or undertaking in con- depend on freedom, imagination, and initiative on nection with which such assistance is given or used, both the local and national levels; and the amount and nature of that portion of the (3) that the encouragement and support of cost of the project or undertaking supplied by other noncommercial educational radio and television sources, and such other records as will facilitate an broadcasting, while matters of importance for pri- effective audit. vate and local development, are also of appropri- (b) The Secretary and the Comptroller General ate and important concern of the Federal Govern- of the United States, or any of their duly authorized ment; representatives, shall have access for the purpose (4) that it furthers the general welfare to en- of audit and examination to any books, docu- courage noncommercial educational radio and ments, papers, and records of the recipient that are television broadcast programing which will be re- pertinent to assistance received under this subpart. sponsive to the interests of people both in particu- (As amended Nov. 7, 1967, Pub. L. 90-129, title iI, lar localities and throughout the United States, § 201(2), 81 Stat. 367.) and which will constitute an expression of diver-

AMENDMENTS sity and excellence; 1967-Pub. L. 90-129 substituted "subpart" for "part", (5) that it is necessary and appropriate for the twice in subsec. (a) and once In subsec. (b). Federal Government to complement, assist, and support a national policy that will most effectively § 394. Rules and regulations. make noncommercial educational radio and tele- The Secretary is authorized to make such rules vision service available to all the citizens of the and regulations as may be necessary to carry out United States; this subpart, including regulations relating to the (6) that a private corporation should be cre- order of priority in approving applications for proj- ated to facilitate the development of educational ects under section 392 of this title or to determining radio and television broadcasting and to afford the amounts of grants for such projects. (June 16, maximum protection to such broadcasting from 1934, ch. 652, title III, § 394, formerly § 396, as added extraneous interference and control. May 1, 1962, Pub. L. 87-447, 76 Stat. 67, renumbered and amended Nov. 7, 1967, Pub. L. 90-129, title II, (b) Establishment of Corporation; application of Dis- § 201(2), (4), 81 Stat. 367.) trict of Columbia Nonprofit Corporation Act. There is authorized to be established a nonprofit CODIFICATION corporation, to be known as the "Corporation for A prior section 394, act June 19, 1934, ch. 652, title III, Public Broadcasting", which will not be an agency 1 304, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, and renumbered § 39", defined certain terms, and is classified or establishment of the United States Government. to section 397 of this title. The Corporation shall be subject to the provisions

AMENDMENTS of this section, and, to the extent consistent with 1967-Pub. * 90-129, 1201(2), substituted "subpart" this section, to the District of Columbia Nonprofit for "part". Corporation Act. Page 3547 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS § 396

(c) Board of Directors; number of members; appoint- (e) Officers and employees; term of office, compensa- ment; political party affiliation; qualifications; tion, qualifications, and removal; political party representation of interests; term of office; va- affillation, political test or qutalification when tak. cancies. ing personnel actions. (1) The Corporation shall have a Board of Direo- (1) The Corporation shall have a President, and tors (hereinafter in this section referred to as the such other officers as may be named and appointed "Board"), consisting of fifteen members appointed by the Board for terms and at rates of compensation by the President, by and with the advice and consent fixed by the Board. No individual other than a citizen of the Senate. Not more than eight members of the of the United States may be an officer of the Corpo- Board may be members of the same political party. ration. No officer of the Corporation, other than the (2) The members of the Board (A) shall be se- Chairman and any Vice Chairman, may receive any lected from among citizens of the United States salary or other compensation from any source other (not regular fulltime employees of the United than the Corporation during the period of his em- StateO who are eminent in such fields as educa- ployment by the Corporation. All officers shall serve tion, cultural and civic affairs, or the arts, including at the pleasure of the Board. radio and television; (B) shall be selected so as to (2) Except as provided in the second sentence of provide as nearly as practicable a broad represen- subsection (c) (1) of this section, no political test or tation of various regions of the country, various pro- qualification shall be used in selecting, appointing, fessions and occupations, and various kinds of talent promoting, or taking other personnel actions with and experience appropriate to the functions and re- respect to officers, agents, and ei..ployees of the sponsibilities of the Corporation. Corporation. (3) The members of the initial Board of Directors (f) Nonprofit and noicolitical nature of the Corpora- shall serve as incorporators and shall take what- tion. ever actions are necessary to establish the Corpo- (1) The Corporation shall have no power to is- ration under the District of Columbia Nonprofit sue any shares of stock, or to declare or pay any Corporation Act. dividends. (4) The term of office of each member of the (2) No part of the income or assets of the Corpo- Board shall be six years; except that (A) any mem- ration shall inure to the benefit of any director, of- ber appointed to fill a vacancy occurring prior to ficer, employee, or any other individual except as the expiration of the term for which his predecessor salary or reasonable compensation for services. was appointed shall be appointed for the remainder (3)The Corporation may not contribute to or of such term; and (B) the terms of office of mem- otherwise support any political party or candidate bers first taking office shall begin on the date of in- for elective public office. corporation and shall expire, as designated at the (g) Purposes and activities of the Corporation; pow. time of their appointment five at the end of two ers under the District of Columbia Nonprofit Cor- years, five at the end of four years, and five at the poration Act. end of six years. No member shall be eligible to serve (1) In order to achieve the objectives and to carry in excess of two consecutive terms of six years each. out the purposes of this subpart, as set out in sub- Notwithstanding the preceding provisions of this section (a) of this section, the Corporation is au- paragraph, a member whose term has expired may thorized to- serve until his successor has qualified. (A) facilitate the full development of educa- (5) Any vacancy in the Board shall not affect tional broadcasting in which programs of high its power, but shall be filled in the manner in which quality, obtained from diverse sources, will be the original appointments were made. made available to noncommercial educational (d) Election of Chairman and Vice Chairman or Vice television or radio broadcast stations, with strict Chairmen; nonfederal employment status of mem- adherence to objectivity and balance in all pro- bers; compensation and travel expenses. grams or series of programs of a controversial (1) The President shall designate one of the nature; members first appointed to the Board as Chairman; (B) assist in the establishment and develop- thereafter the members of the Board shall annually ment of one or more systems of interconnection to elect one of their number as Chairman. The mem- be used for the distribution of educational tele- bers of the Board shall also elect one or more of them vision or radio programs so that all noncommer- as a Vice Chairman or Vice Chairmen. cial educational television or radio broadcast sta- (2) The members of the Board shall not, by rea- tions that wish to may broadcast the programs at son of such membership, be deemed to be employees times chosen by the stations; of the United States. They shall, while attending (C) assist in the establishment and develop- meetings of the Board or while engaged in duties ment of one or more systems of noncommercial related to such meetings or in other activities of educational television or radio broadcast stations the Board pursuant to this subpart be entitled to re- throughout the United States; ceive compensation at the rate of $100 per day in- (D) carry out Its purposes and functions and cluding travel time, and while away from their homes engage in its activities in ways that will most ef- or regular places of business they may be allowed fectively assure the maximum freedom of the non- travel expenses, including per diem in lieu of sub- commercial educational television or radio broad- sistence, equal to that authorized by law (5 U.S.C. cast systems and local stations from interference 5703) for persons in the Government service em- with or control of program content or other ployed intermittently. activities. § 396 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS Page 3548 (2) Included in the activities of the Corporation (i) Report to Congress. authorized for accomplishment of the purposes set The Corporation shall submit an annual report forth in subsection (a) of this section, are, among for the preceding fiscal year ending June 30 to the others not specifically named- President for transmittal to the Congress on or be- (A) to obtain grants from and to make con- fore the 31st day of December of each year. The tracts with individuals and with private, State, report shall include a comprehensive and detailed and Federal agencies, organizations, and institu- report of the Corporation's operations, activities, tions; financial condition, and accomplishments under this (B) to contract with or make grants to program section and may include such recommendations as production entities, individuals, and selected non- the Corporation deems appropriate. commercial educational broadcast stations for the (j) Repeal, alteration, or amendment. production of, and otherwise to procure, educa- The right to repeal, alter, or amend this section at tional television or radio programs for national any time is expressly reserved. or regional distribution to noncommercial educa- tional broadcast stations; (k) Financing. (C) to make payments to existing and new non- (1) There are authorized to be appropriated for commercial educational broadcast stations to aid expenses of the Corporation for the fiscal year end- in financing local educational television or radio ing June 30, 1969, the sum of $9,000,000, and for the to remain programing costs of such stations, particularly next fiscal year the sum of $20,000,000 innovative approaches thereto, and other costs of available until expended. operation of such stations; (2) Notwithstanding the preceding provisions of this section, no grant or contract pursuant to this (D) to establish and maintain a library and section may provide for payment from the appropri- archives of noncommercial educational television ation for the fiscal year ending June 30, 1969, or the or radio programs and related materials and de- velop public awareness of and disseminate infor- next fiscal year for any one project or to any one mation about noncommercial educational tele- station of more than $250,000. vision or radio broadcasting by various means, (1) Records and audit of the Corporation and the including the pnblication of a journal; recipients of assistance. (E) to arrange, by grant or contract with ap- (1) (A) The accounts of the Corporation shall be propriate public or private agencies, organizations, audited annually in accordance with generally ac- or institutions, for interconnection facilities suit- cepted auditing standards by inder :ndent certified able for distribution and transmission of educa- public accountants or independent licensed public tional television or radio programs to noncom- accountants certified or licensed by a regulatory mercial educational broadcast stations; authority of a State or other political subdivision of (F) to hire or accept the voluntary services of the United States. The audits shall be conducted at consultants, experts, advisory boards, and panels the place or places where the accounts of the Cor- to aid the Corporation in carrying oat the purposes poration are normally kept. All books, accounts, fi- of this section; nancial records, reports, files, and all other papers (G) to encourage the creation of new noncom- things, or property belonging to or in use by the mercial educational broadcast stations in order to Corporation and .,ecessary to facilitate the audits enhance such scrvice on a Ic cal, State, regional, shall be made available to the person or persois con- and national basis; ducting the audits; and full facilities for verifying (H) conduct (directly or through grants or transactions with the balances or securithi held by contracts) research, demonstrations, or training depositories, fiscal agents and custodians shall be in matters related to noncommercial educational afforded to such person or persons. television or radio broadcasting. (B) The report of each such independent audit shall be included in the annual report required by (3) To carry out the foregoing purposes and en- subsection (i) of this section. The audit report shall gage in the foregoing activities, the Corporation set forth the scope of the audit and incluc., such shall have the usual powers conferred upon a non- statements as are necessary to present fairly the Cor- profit corporation by the District of Columbia Non- poration's assets and liabilities, surplus or deficit, profit Corporation Act, except that the Corporation with an analysis of the changes therein during the may not own or operate any television or radio year, supplemented in reasonable detail by a state- broadcast station, system, or network, community ment of the Corporation's income and expenses dur- antenna television system, or interconnection or pro- ing the year, and a statement of the sources and gram production facility. application of funds, together with the independent (h) Authorization for free or reduced rate intercon- auditor's opirion of th. -3 statements. nection service. (2) (A) The financial transactions of the Corpo- Nothing in this chapter or in any other provision ra tion for any fiscal year during which Federal funds of law shall be construed to prevent United States art available to finance any portion of its operations communications common carriers from rendering may be audited by the General Accounting Office free or reduced rate communications interconnection in accordance with the principles and procedures ap- services for noncommercial educational television plicable to commercial .'orporate transactions and or radio services, subject to such rules and regula- under such rules and regulations as may be pre- tions as the Federal Communications Commission scribed by the Comptroller General of the United may prescribe. States. Any such audit shall be conducted at the Page 3549 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS § 397 place or places where accounts of the Corporation Subsec. (k) (2). Pub. L. 91-97, § 3(b), added "or the next fiscal year" following "the fiscal year ending June 30, are normally kept. The representative of the Gen- 1969,". eral Accounting Office shall have access to all 1968-Subsec. (k). Pub. L. 90-294 substituted "lOGY' books, accounts, records, reports, files, and all other for "1968". papers, things, or property belonging to or in use by SUBPART C.-GENERAL PROVISIONS the Corporation pertaining to its financial transac- tions and necessary to facilitate the audit, and they § 397. Definitions. shall be afforded full facilities for verifying transac- For the purposeG of sections 390-399 of this title- tions with the balances or securities held by de- (1) The term "State" includes the District of positories, fiscal agents, and custodians. All such Columbia, the Commonwealth of Puerto Rico, the books, accounts, records, reports, files, papers and Virgin Islands, Guam, American Samoa, and the property of the corporation shall remain in posses- Trust Territory of the Pacific Islands. sion and custody of the Corporation. (2) The term "construction", as applied to edu- (B) A report of each such audit shall be made by cational television broadcasting facilities, or educa- the Comptroller General to the Congress. The report tional radio broadcasting facilities means the acqui- to the Congress shall contain such comments and sition and installation of transmission apparatus information as the Comptroller General may deem (including towers, microwave equipment, boosters, necessary to inform Congress of the financial opera- translators, repeaters, mobile equipment, and video- tions and condition of the Corporation, together with recording equipment) necessary for television broad- such recommendations with respect thereto at he casting or radio broadcasting, as the case may be, may deem advisable. The report shall also show spe- including apparatus which may incidentally be used cifically any program, expenditure, or other financial for transmitting closed circuit television programs, transaction or undertaking observed in the course of but does not include the construction or repair of the audit, which, in the opinion of the Comptioller structures to house such apparatus. In the case of General, has been carried on or made without au- apparatus the acquisition and installation of which thority of law. A copy of each report shall be fur- is so included, such term also includes trianning nished to the President, to the Secretary, and to the therefor. Corporation at the time submitted to the Congress. (3) The term "Secretary" means the Secretary (3) (A) Each recipient of assistance by grant or of Health, Education, and Welfare. contract, other than a fixed price contract awarded (4) The terms "State educational television pursuant to competitive bidding procedures, under agency" and "State educational radio agency" mean, this section shall keep such records as may be rea- with respect to television broadcasting and radio sonably necessary to fully disclose the amount and broadcasting, respectively, (A) a board or commis- the disposition by such recipient of the proceeds of sion established by State law for the purpose of such assistance, the total cost of the project or promoting such broadcasting within a State, (B) a undertaking in connection with which such assist- board or commission appointed by the Governor of ance is given or used, and the amount and nature a State for such purpose if such appointment is not of that portion of the cost of the project or under- officer taking supplied by other sources, and su. h other inconsistent with State law, or (C) a State records as will facilitate an effective audit. or agency responsible for the supervision of public (B) The Corporation or any of its duly author- elementary or secondary education or public educa- ized representatives, shall have access for the pur- tion within tie State which has been designated by pose of audit and examination to any books, docu- the Governor to assume responsibility for the pro- ments, papers, and records of the recipient that are motion of such broadcasting; and, in the case of the pertinent to assistance received under this section. District of Columbia, the term "Governor" means The Compt: ,ler General of the United States or any the Board of Commissioners of the District of Col- of his duly authorized representatives shall also have umbia and, in the case of the Trust Territory of the access thereto for such purpose during any fiscal Pacific Islands, means the High Commissioner year for which Federal funds are available to the thereof. Corporation. (June 19, 1934, ch. 652, title III, § 396, (5) The term "nonprofit" as applied to any foun- as added Nov. 7, 1967, Pub. L. 90-129, title II, § 201 dation, corporation, or association, means a founda- (9), 81 Stat. 368, and amended Apr. 26, 1968, Pub. L. tion, corporation, or association, no part of the net 90-294, 82 Stat. 108; Oct. 27, 1969, Pub. L. 91-97, earnings of which inures, or may lawfully inure, to § 3, 83 Stat. 146.) the benefit of any private shareholder or individual. REFERENCES IN TEXT (6) The term "Corporation" means the Corpora- The District of Columbia Nonprofit Corporation Act, tion authorized to be established by subpart B of this referred to In subsecs. (b) and (g) (3), is classified to the D.C. Code § 29-1001 et seq. part. (7) The term "noncommercial educational broad- CODIFICATION cast station" means a television or radio broadcast A prior section 396, act June 19, 1934, ch. 652, title III, § 390, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67. station, which (A) under the rules and regulations of and renumbered § 394, authorized making of rules and the Federal Communications Commission in effect regulations, and is classified to section 394 of this title. on November 7, 1967, is eligible to be licensed or is AMENDMENTS licensed by the Commission as a noncommercial edu- added "and 1969-Subsec. (k) (1). Pub. L. 91-97, § 3(a), cational radio or television broadcast station and for the next fiscal year the sum of $20,000,00(" following "the sum of $9,000,000". which is owned and operated by a public agency or Page 3550 §398 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS nonprofit private foundation, corporation, or associ- §399. Editorializing and support of political candi- ation or (B) is owned and operated by a munici- dates prohibited. pality and which transmits only noncommercial No noncommercial educational broadcasting sta- programs for educational purposes. tion may engage in editorializing or may support (8) The term "interconnection" means the use or oppose any candidate for political office. (June 19, of microwave equipment, boosters, translators, re- 1934, ch. 652, title III, § 399, as added Nov. 7, 1967, peaters, communication space satellites, or other Pub. L. 90-129, title II, § 201(8), 81 Stat. 368.) apparatus or equipment for the transmission and distribution of television or radio programs to non- SUBCHAPTER IV.-PROCEDURAL AND ADMIN- commercial educational television or radio broadcast ISTRATIVE PROVISIONS stations. §402. Judicial review of Commission's orders and (9) The term "educational television or radio pro- decisions. grams" means programs which are primarily SECTION REFERRED TO IN OTIER SECTIONS designed for educational or cultural purposes. (June This section is referred to in title 28, section 2342. 19, 1934, ch. 652, title III,§ 397, formerly § 394, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, § 409. Hearings. renumbered and amended Nov. 7, 1967, Pub. L. SECTION REFERRED TO IN OTHER SECTIONS 90-129, title I, §§ 103(f), 105, 106, title II, § 201(3), This section is referred to in title 21 sections 467d, 677. (6), 81 Stat. 366-368.) SUBCHAPTER VI.-MISCELLANEOUS CODIFICATION PROVISIONS A prior section 397, act June 19, 1934, ch. 652, title III, §605. Unauthorized publication or use of communi- 1 397, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, and renumbered § 398, prohibited Federal interference or cations. control, and is classified to section 398 of this title. Except as authorized by chapter 119, Title 18, no

AMENDMENTS person receiving, assisting in receiving, transmitting, 1967-Par. (1). Pub. L. 90-129. § 105(a), Included the or assisting in transmitting, any interstate or foreign Virgin Islands Guam, American Samoa, and the Trust communication by wire or radio shall divulge or Territory of the Pacific Islands in the definition of publish the existence, contents, substance, purport, "State". Par. (2). Pub. L. 90-129, § 103(f) (1), 106, provided for effect, or meaning thereof, except through author- application of the term "construction" to educational ized channels of transmission or reception, (1) to radio broadcasting facilities and defined such term to any person other than the addressee, his agent, or Include acquisition and installation of transmission ap- attorney, (2) to a person employed or authorized to paratus necessary for radio broadcasting, and included costs of planning, respectively. forward such communication to its destnation, (3) Par. (4). Pub. L. 90-129. §1 103(f)(2), 105(b), substi- to proper accounting or distributing officers of the tuted "The terms 'State educational television agency' various communicating centers over which the com- and 'State educational radio agency' mean, with respect munication may be passed, (4) to the master of a to television broadcasting and radio broadcasting, re- spectively," for "The term 'State educational television ship under whom he is serving, (5) in response to a agency' means" and "such broadcasting" for "educa- subpena issued by a court of competent Jurisdiction, tional television" in cis. (A) and (B), and defined "Gov- or (6) on demand of other lawful authority. No per- ernor" to include the High Commissioner of the Trust son not being authorized by the sender shall inter- Territory of the Pacific Islands, respectively. Pars. ()-(9). Pub. L. 90-129, §201(6), added pars. cept any radio communication and divulge or pub- (6)-(9). lish the existence, contents, substance, purport, ef- fect, or meaning of such intercepted communication §398. Federal interference or control prohibited. to any person. No person not being entitled thereto Nothing contained in sections 390-399 of this title shall receive or assist in receiving any interstate or shall be deemed (1) to amend any other provision foreign communication by radio and use such com- of, or requirement under this chapter; or (2) to munication (or any information therein contained) authorize any department, agency, officer, or em- for his own benefit or for the benefit of another ployee of the United States to exercise any direction, not entitled thereto. No person having received any supervision, or control over educational television or intercepted radio communication or having become radio broadcasting, or over the Corporation or any acquainted with the contents, substance, purport, of its grantees or contractors, or over the charter or effect, or meaning of such communication (or any bylaws of the Corporation, or over the curriculum, part thereof) knowing that such communication program of instruction, or personnel of any educa- was intercepted, shall divulge or publish the exist- tional institution, school system, or educational ence, contents, substance, purport, effect, or mean- broadcasting station or system. (June 19, 1934, ch. ing of uch communication (or any part thereof) or 652, title III, § 398, formerly § 397, as added May 1, use such communication (or any information therein 1962, Pub. L. 87-447, 76 Stat. 67, renumbered and contained) for his own benefit or for the benefit of amended Nov. 7,1967, Pub. L. 90-129, title I, § 103(g), another not entitled thereto. This section shall not title II, § 201(3), (5), 81 Stat. 367, 368.) apply to the receiving, divulging, publishing, or utiliz-

AMENDMENTS ing the contents of any radio communication which 1967-Pub. L. 00-129, §§ 103(g), 201(5), inserted "or is broadcast or transmitted by amateurs or others for radio" and ", or over the Corporation or any of its gran- the use of the general public, or which relates to Lees or contractors, or over the charter or bylaws of the Corporation," preceding and following "broadcasting", ships in distress. (As amended June 19, 1968, Pub. L. where first appearing, respectively. 90-351. title III. § 803, 82 Stat. 223.) Page 3551 TITLE 47.-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS § 733

AMENDMENTS bility of the communications satellite system with exist- 1058-Pub. L. 90-351 inserted the introductory clause ing communications facilities both in the United States "Except as authorized by chapter 110, Title 18", desig- and abroad. nated existing provisions as cls. (1)-(6), inserted "radio" (6) Prepare, for consideration by the President, such preceding "communication" in second and fourth sen- Presidential action documents as may be appropriate tences, eliminated from third sentence "wire or" preced- under Section 201(a) of the Act [subsec. (a) of this ing "radio", and substituted "intercepted" for "obtained" section], make necessary recommendations to the in fourth sentence, President In connection therewith, and keep the Presi- dent currently informed with respect to the carrying § 606. War powers of President. out of the Act [this chapter]. (7) Serve as the chief point of liaison between the EMERGENCY PREPAREDNESS FUNCTIONS President and the Corporation. For assignment of certain emergency preparedness func- SEC. 3. Secretary of State. (a) The Secretary shall tions to the Federal Communications Commission, see exercise the supervision provided for in Section 102(a) (4) Parts 1, 18, and 30 of Ex. Ord. No. 11490, Oct. 28, 1969, of the Act [subsec. (a) (4) of this section] and, in con- 34 F.R. 17567, set out as a note under section 2292 of Title sonance with Section 201(a) (5) of the Act [subsec. (a) (5) 50, Appendix, War and National Defense. of this section[ shall further timely arrangements for EXECUTrIVE ORDER No. 10312 foreign participation In the establishment and use of Ex. Ord. No. 10312, Dec. 10, 1951. 16 Ft. 12452, as a communications satellite system. amended by Ex. Ord. No. 10438. Mar. 13, 1953, 18 F.R. 1491; (b) The Secretary shall have direction of the foreign Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5001; Ex. Ord. No. relations of the United States with respect to the Act, 10782, Sept. 8, 1058, 23 F.R. 6971; Ex Ord. No. 11051, Sept. including all negotiations by the United States with 28, 1962. 27 F.R. 9683, set out as a note under this section, foreign governments or with international bodies in which related to the delegation of authority to the Fed- connection with the Act. eral Communications Comn'!ssion, was revoked by Ex. SEC. 4. Annual reports. The Director shall timely sub- Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, set out as a mit to the President each year the report (including evalu- note under section 2292 of Title 50, Appendix, War and ations and recommendations) provided for in Section National Deiense. 404ta) of the Act [section 744(a) of this title]. SEc. 5. Assistance and cooperation. The Director and the Secretary shall effect such mutual coordination, and Chapter 6.-COMMUNICATIONS SATELLITE all other federal agencies concerned, and the Corporation, SYSTEM shall furnish the Director and the Secretary such assist- § 721. Implementation of policy. ance and documents, and shall otherwise extend to them such cooperation, as will enable the Director and the Ex. ORD. No. 11191. ADMINISTRATION OF CHAPTER Secretary properly to carry out their responsibilities Ex. Ord. No. 11191, Jan. 4, 1965, 30 F.R. 29, provided: under this order and best promote the Implementation By virtue of the authority vested in me by Section 301 of the Act [this chapter] in an orderly and expeditious of title 3 of the United States Code, and as President manner. In connection with his responsibilities under of the United States, It is hereby ordered as follows: section 3 of this order, the Secretary shall consult with SECTION 1. Definitions. As used in this order: the Director and other federal officers concerned, and, as (a) The term "the Act" means the Communications may be appropriate, with the Corporation. Satellite Act of 1962 (76 Stat. 419) (this chapter), and SEC. 6. Functions reserved. The functions, or parts of includes, except as may for any reason be inappropriate, functions, conferred upon the President by the Act [this that Act as amended from time to time. chapterl that are not assigned herein are reserved for (b) The term "the Corporation" means the Communi- the President. cations Satellite Corporation (incorporated on February LYNDON B. JOHNSON. 1, 1963, under title III of the Act [sections 731-735 of this title] and under the District of Columbia Business Cor- § 733. Directors and officers. poration Act). (a) Board of directors; qualifications; chairman; ap- (c) The term "the Director" means the Director of pointment by President; term; election by stock- Telecommunications Management provided for in Execu- holders; percentage of stock ownership deterinin- tive Order No. 10995 of February 16, 1962 [set out as a note ing right to elect; cumulative voting; amendment under section 305 of this title]. of articles of incorporation; bylaws for national (d) The term "the Secretary" means the Secretary of emergencies. State or his designees. SEC. 2. Director of Telecommunications Management. The corporation shall have a board of directors (a) Subject to the provisions of this order, the Director consisting of fifteen individual!" who are citizens of shall generally advise and assist the President in connec- the Uniftd States, of whom one shall be elected tion with the functions conferred upon the President by annually by the board to serve a: chairman. Three the provisions of Section 201(a) of the Act [subsec. (a) of this section]. members of the board shall be appointed by the (b) The Director shall: President of the United States, by and with the (1) Aid in the planning and development, and aid in advice and consent of the Senate, effective the date fostering the execution, of a national program for the on which the other members are elected, and for establishment and operation, as expeditiously as pos- sible, of a commercial communications satellite system. terms of three years or until their successors have (2) Conduct a continuous review of all phases of the been appointed and qualified, and any member so ap- development and operation of such a system, including pointed to fill a vacancy shall be appointed only for the activities of the Corporation. the unexpired term of the director whom lie succeeds. (3) Coordinate the activities of governmental agen- cies with responsibilities in the field of telecommunica- The remaining twelve members of the board shall tion, so as to insure that there is full and effective be elected annually by the stockholders. Six of such compliance at all times with the policies set forth In members shall be elected by those stockholders who the Act. are not communications common carriers, and the (4) Make recommendations to the President and others as appropriate, with respect to all steps neces- remaining six such members shall be elected by sary to insure the availability and appropriate utiliza- the stockholders who are communications common tion of the communications satellite system for gen- carriers, except that if the number of shares of the eral Government purposes in consonance with Section voting capital stock of the corporation issued and 201(a) (6) of the Act [subsec. (a) (6) of the section]. ,5) Help attain coordinated and efficient use of the outstanding and owned either directly or indirectly electromagnetic spectrum and the technical compati- by communications common carriers as of the record