Chap.

7. Campaign Communications [New].....

Chapter 1.-TELEGRAPHS

Sec. 801

§ 16. Washington-Alaska Military Cable and Telegraph System; money transfers; portion of receipts withheld.

After May 20, 1926, such amount of money as may be authorized by the Secretary of the Army may be withheld temporarily from the receipts of the Washington-Alaska Military Cable and Telegraph System by the auditor of said system as a working balance from which to make payments of money transfers from and to Alaska and between points within Alaska, to be accounted for accordingly. (As amended June 6, 1972, Pub. L. 92-310, title II, § 233, 86 Stat. 214.)

SUBCHAPTER III.-SPECIAL PROVISIONS RELATING TO RADIO

PART I.-GENERAL PROVISIONS

§ 303. Powers and duties of Commission.

Except as otherwise provided in this chapter, the Commission from time to time, as public convenience, interest, or necessity requires, shall—

(2)

(3) Notwithstanding paragraph (1) of this subsection, the Commission may issue licenses for the operation of amateur radio stations to aliens admitted to the United States for permanent residence who have filed under section 1445 (f) of Title 8 a declaration of intention to become a citizen of the United States: Provided, That when an application for a license is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided, further, That the requested license may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this chapter and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such license.

(As amended Aug. 10, 1971, Pub. L. 92-81, § 1, 85 Stat. 302.)

REFERENCES IN TEXT

The Administrative Procedure Act, referred to in subsec. (1) (3), is classified to sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees.

AMENDMENTS

1971 Subsec. (1). Pub. L. 92-81 added par. (3).

§ 305. Government owned stations; regulations; stations on vessels; call letters; stations operated by foreign governments.

OFFICE OF EMERGENCY PREPAREDNESS Functions of the Director of the Office of Emergency Preparedness under Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193 [set out as a note under this section], transferred to the Administrator of General Services, see section 3 of Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, set out as a note under section 2271 of Title 50, Appendix, War and National Defense.

The Office of Emergency Preparedness, including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or

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the Director of the Office of Emergency Preparedness were transferred to the President of the United States by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.

§ 310. Alien ownership as barring station license; assignment and transfer of construction permit or station license; authorizations permitted in cases of bilateral international agreements.

(a)

Notwithstanding paragraph (1) of this subsection, a license for an amateur radio station may be granted to and held by an alien admitted to the United States for permanent residence who has filed under section 1445 (f) of Title 8 a declaration of intention to become a citizen of the United States: Provided, That when an application for a license is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested license may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this chapter and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such license.

(As amended Aug. 10, 1971, Pub. L. 92-81, § 2, 85 Stat. 302.)

REFERENCES IN TEXT

The Administrative Procedure Act, referred to in subsec. (a), is classified to sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees.

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-81 added provisions empowering the Commission to issue licenses to certain aliens admitted to the United States for permanent residence, provided that the Commission notify the appropriate agencies of the Government of applications received for license, and that such agencies furnish to the Commission information bearing on the request's compatibility with national security.

§ 312. Administrative sanctions.

(a) Revocation of station license or construction permit.

The Commission may revoke any station license or construction permit

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(5) for violation of or failure to observe any final cease and desist order issued by the Commission under this section;

(6) for violation of section 1304, 1343, or 1464 of Title 18; or

(7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station by a legally qualified candidate for Federal elective office on behalf of his candidacy.

(As amended Feb. 7, 1972, Pub. L. 92-225, title I, § 103 (a) (2) (A), 86 Stat. 4.)

AMENDMENTS 1972 Subsec. (a) (7). Pub. L. 92-225 added par. (7).

§ 315. Candidates for public office.

(a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities.

If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any

(b) Broadcast media rates.

The charges made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his campaign for nomination for election, or election to such office shall not exceed

(1) during the forty-five days preceding the date of a primary or primary runoff election and during the sixty days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period; and

(2) at any other time, the charges made for comparable use of such station by other users thereof.

(c) Station use charges upon certification of nonviolation of Federal limitations of expenditures for use of communications media.

No station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies to such licensee in writing that the payment of such charge will not violate any limitation specified in paragraph (1), (2), or (3) of section 803 (a) of this title, whichever paragraph is applicable.

(d) Station use charges upon certification of nonviolation of State limitations of expenditures for use of communications media; conditions for application of State limitations.

If a State by law and expressly

(1) has provided that a primary or other election for any office of such State or of a political subdivision thereof is subject to this subsection,

(2) has specified a limitation upon total expenditures for the use of broadcasting stations on behalf of the candidacy of each legally qualified candidate in such election,

(3) has provided in any such law an unequivocal expression of intent to be bound by the provisions of this subsection, and

(4) has stipulated that the amount of such limitation shall not exceed the amount which

would be determined for such election under section 803 (a) (1) (B) or 803(a) (2) (B) of this title (whichever is applicable) had such election been an election for a Federal elective office or nomination thereto;

then no station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate in such election unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies to such licensee in writing that the payment of such charge will not violate such State limitation.

(e) Penalties for violations; provisions of sections 501 through 503 of this title inapplicable.

Whoever willfully and knowingly violates the provisions of subsection (c) or (d) of this section shall be punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed five years, or both. The provisions of sections 501 through 503 of this title shall not apply to violations of either such subsection.

(f) Definitions.

(1) For the purposes of this section:

(A) The term "broadcasting station" includes a community antenna television system.

(B) The terms "licensee" and "station licensee" when used with respect to a community antenna television system, means the operator of such system.

(C) The term "Federal elective office" means the office of President of the United States, or of Senator or Representative in, or Resident Commissioner or Delegate to, the Congress of the United States.

(2) For purposes of subsections (c) and (d) of this section, the term "legally qualified candidate" means any person who (A) meets the qualifications prescribed by the applicable laws to hold the office for which he is a candidate and (B) is eligible under applicable State law to be voted for by the electorate directly or by means of delegates or electors.

(g) Rules and regulations.

The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section. (As amended Feb. 7, 1972, Pub. L. 92-225, title I, §§ 103(a) (1), (2) (B), 104 (c), 86 Stat. 4, 7.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-225, § 103(a) (2) (B), inserted following "No obligation is imposed" the words "under this subsection".

Subsec. (b). Pub. L. 92-225, § 103 (a)(1), substituted in introductory text "by any person who is a legally qualified candidate for any public office in connection with his campaign for nomination for election, or election, to such office", for "for any of the purposes set forth in this section", added par. (1), designated existing provisions as par. (2), inserted therein the opening words "at any other time," and substituted "by other users thereof" for "for other purposes".

Subsecs. (c)-(f). Pub. L. 92-225, § 104 (c), added subsecs. (c)-(f). Former subsec. (c) redesignated (g). Subsec. (g). Pub. L. 92-225, § 104 (c), redesignated former subsec. (c) as (g).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 801, 803 of this title.

§ 331. Broadcast of games of professional sports clubs. (a) Area television broadcast by licensee of games sold out before playing time; terms and conditions; legality of restrictive agreements.

If any game of a professional sports club is to be broadcast by means of television pursuant to a league television contract and all tickets of admission for seats at such game which were available for purchase by the general public one hundred and twenty hours or more before the scheduled beginning time of such game have been purchased seventy-two hours or more before such time, no agreement which would prevent the broadcasting by means of television of such game at the same time and in the area in which such game is being played shall be valid or have any force or effect. The right to broadcast such game by means of television at such time and in such area shall be made available, by the person or persons having such right, to a television broadcast licensee on reasonable terms and conditions unless the broadcasting by means of television of such game at such time and in such area would be a telecasting which section 1293 of Title 15 is intended to prevent.

(b) Injunctions against violations; venue; costs and attorneys' fees.

If any person violates subsection (a) of this section, any interested person may commence a civil action for injunctive relief restraining such violation in any United States district court for a district in which the defendant resides or has an agent. In any such action, the court may award the cost of the suit including reasonable attorneys' fees. (c) Definitions.

For the purposes of this section:

(1) The term "professional sports club" includes any professional football, baseball, basketball, or hockey club.

(2) The term "league television contract" means any joint agreement by or among professional sports clubs by which any league of such clubs sells or otherwise transfers all or any part of the rights of such league's member clubs in the sponsored telecasting of the games engaged in or conducted by such clubs.

(3) The term "agreement" includes any contract, arrangement, or other understanding.

(4) The term "available for purchase by the general public," when used with respect to tickets of admission for seats at a game or games to be played by a professional sports club, means only those tickets on sale at the stadium where such game or games are to be played, or, if such tickets are not sold at such stadium, only those tickets on sale at the box office closest to such stadium. (d) Study and reports to Congressional Committees. The Commission shall conduct a continuing study of the effect of this section and shall, not later than April 15 of each year, submit a report to the Committee on Commerce of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives with respect thereto. Such report shall include pertinent statistics and data and any recommendations for legislation relating to the broadcasting of professional football, baseball,

basketball, and hockey games which the Commission determines would serve the public interest. (June 19, 1934, ch. 652, title III, § 331, as added Sept. 14, 1973, Pub. L. 93-107, § 1, 87 Stat. 350.)

REPEAL

Pub. L. 93-107, § 2, Sept. 14, 1973, 87 Stat. 351, provided for repeal of this section effective December 31, 1975.

PART IV. GRANTS FOR NONCOMMERCIAL EDUCATIONAL BROADCASTING FACILITIES; CORPORATION FOR PUBLIC BROADCASTING

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 40 App., section 214.

§ 390. Declaration of purpose.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 399 of this title.

§ 391. Authorization of appropriations.

There are authorized to be appropriated for the fiscal year ending June 30, 1974, and for the succeeding fiscal year such sums not to exceed $25,000,000 for the fiscal year ending June 30, 1974, and $30,000,000 for the succeeding fiscal year, as may be necessary to carry out the purposes of section 390 of this title. Sums appropriated under this section for any fiscal year shall remain available for payment of grants for projects for which applications approved under section 392 of this title, have been submitted under such section prior to the end of the succeeding fiscal year. (As amended Aug. 29, 1972, Pub. L. 92-411, § 2, 86 Stat. 643; Aug. 6, 1973, Pub. L. 93-84, § 1(c), 87 Stat. 219.)

AMENDMENTS

1973-Pub. L. 93-84 substituted authorization of appropriation of amounts not exceeding $25,000,000 and $30,000,000 for the fiscal year ending June 30, 1974 and the succeeding fiscal year, respectively, for authorization of appropriation of amount not exceeding $25,000,000 for the fiscal year ending June 30, 1973.

1972-Pub. L. 92-411 substituted authorization of appropriation of $25,000,000 for fiscal year ending June 30, 1973, for authorization of $15,000,000 for such year, and struck out authorization of appropriations for fiscal years 1963 to 1972.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 399 of this title. §§ 392 to 395.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in section 399 of this title. § 396. Corporation for Public Broadcasting.

(k) Financing.

(1) There is authorized to be appropriated for expenses of the Corporation $50,000,000 for the fiscal year ending June 30, 1974, and $60,000,000 for the fiscal year ending June 30, 1975.

(2) In addition to the sums authorized to be appropriated by paragraph (1) of this subsection, there are authorized to be appropriated for payment to the Corporation for each fiscal year during the period July 1, 1970, to June 30, 1975, amounts equal to the amount of total grants, donations, bequests, or other contributions (including money and the fair market

value of any property) from non-Federal sources received by the Corporation under subsection (g) (2) (A) of this section during such fiscal year; except that the amount appropriated pursuant to this paragraph for any fiscal year may not exceed $5,000,000.

(As amended Aug. 29, 1972, Pub. L. 92-411, § 1, 86 Stat. 643; Aug. 6, 1973, Pub. L. 93-84, § 1(a), (b), 87 Stat. 219.)

AMENDMENTS

1973-Subsec. (k) (1). Pub. L. 93-84, § 1(a), substituted authorization of appropriation of $50,000,000 and $60,000,000 for the fiscal years ending June 30, 1974 and June 30, 1975, respectively, for authorization of appropriation of $40,000,000 for the fiscal year ending June 30, 1973. Subsec. (k) (2). Pub. L. 93-84, § 1(b), substituted "1975" for "1973".

1972 Subsec. (k) (1). Pub. L. 92-411 struck out authorization of appropriation for fiscal years ending June 30, 1969, June 30, 1970, and the two succeeding fiscal years and provided for an appropriation $40,000 for fiscal year ending June 30, 1973. Subsec. (k) (2). Pub. L. 92-411 substituted "June 30, 1973" for "June 30, 1972".

of

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 399 of this title. §§ 397, 398.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in section 399 of this title.

§ 399. Editorializing and support of political candidates prohibited; recording of certain programs. (a) No noncommercial educational broadcasting station may engage in editorializing or may support or oppose any candidate for political office.

(b) (1) Except as provided in paragraph (2), each licensee which receives assistance under sections 390 to 399 of this title after August 6, 1973, shall retain an audio recording of each of its broadcasts of any program in which any issue of public importance is discussed. Each such recording shall be retained for the sixty-day period beginning on the date on which the licensee broadcasts such program.

(2) The requirements of paragraph (1) shall not apply with respect to a licensee's broadcast of a program if an entity designated by the licensee retains an audio recording of each of the licensee's broadcasts of such a program for the period prescribed by paragraph (1).

(3) Each licensee and entity designated by a licensee under paragraph (2) which retains a recording under paragraph (1) or (2) shall, in the period during which such recording is required under such paragraph to be retained, make a copy of such recording available

(A) to the Commission upon its request, and (B) to any other person upon payment to the licensee or designated entity (as the case may be of its reasonable cost of making such copy. (4) The Commission shall by rule prescribe

(A) the manner in which recordings required by this subsection shall be kept, and

(B) the conditions under which they shall be available to persons other than the Commission. giving due regard to the goals of eliminating unnec

essary expense and effort and minimizing administrative burdens. (As amended Aug. 6, 1973, Pub. L. 93-84, § 2, 87 Stat. 219.)

AMENDMENTS

1973-Pub. L. 93-84 designated existing provisions as subsec. (a) and added subsec. (b).

SUBCHAPTER IV.—PROCEDURAL AND

ADMINISTRATIVE PROVISIONS

§ 402. Judicial review of Commission's orders and decisions.

ADMINISTRATIVE ORDERS REVIEW ACT

Court of appeals exclusive jurisdiction respecting final orders of Federal Communications Commission made reviewable by subsec. (a) of this section, see section 2342(1) of Title 28, Judiciary and Judicial Procedure.

§ 410. Joint boards and commissions.

(a) State joint boards; reference of communication matters; composition; jurisdiction, powers, duties, and obligations; conduct of proceedings; force and effect of joint board action; members: nomination, appointment, and rejection; allowances for expenses.

Except as provided in section 409 of this title, the Commissioner may refer any matter arising in the administration of this chapter to a joint board to be composed of a member, or of an equal number of members, as determined by the Commission, from each of the States in which the wire or radio communication affected by or involved in the proceeding takes place or is proposed. For purposes of acting upon such matter any such board shall have all the jurisdiction and powers conferred by law upon an examiner provided for in section 3105 of Title 5, designated by the Commission, and shall be subject to the same duties and obligations. The action of a joint board shall have such force and effect and its proceedings shall be conducted in such manner as the Commission shall by regulations prescribe. The joint board member or members for each State shall be nominated by the State commission of the State or by the Governor if there is no State commission, and appointed by the Federal Communications Commission. The Commission shall have discretion to reject any nominee. Joint board members shall receive such allowances for expenses as the Commission shall provide.

(b) State commissions; conferences with Commission regarding matters of carriers subject to their jurisdiction; joint hearings; cooperation with Commission.

The Commission may confer with any State commission having regulatory jurisdiction with respect to carriers, regarding the relationship between rate structures, accounts, charges, practices, classifications, and regulations of carriers subject to the jurisdiction of such State commission and of the Commission; and the Commission is authorized under such rules and regulations as it shall prescribe to hold joint hearings with any State commission in connection with any matter with respect to which the Commission is authorized to act. The Commission is authorized in the administration of this chapter to avail itself of such cooperation, services, records, and facilities as may be afforded by any State commission.

(c) Federal-State Joint Board; reference of proceedings regarding jurisdictional separation of common carrier property and expenses between interstate and intrastate operations and other matters relating to common carrier communications of joint concern; jurisdiction, powers, duties, and obligations; recommendation of decisions; State members; presence at oral arguments and nonvoting participation in deliberations; composition; Chairman.

The Commission shall refer any proceeding regarding the jurisdictional separation of common carrier property and expenses between interstate and intrastate operations, which it institutes pursuant to a notice of proposed rulemaking and, except as provided in section 409 of this title, may refer any other matter, relating to common carrier communications of joint Federal-State concern, to a Federal-State Joint Board. The Joint Board shall possess the same Jurisdiction, powers, duties, and obligations as a joint board established under subsection (a) of this section, and shall prepare a recommended decision for prompt review and action by the Commission. In addition, the State members of the Joint Board shall Isit with the Commission en banc at any oral argument that may be scheduled in the proceeding. The Commission shall also afford the State members of the Joint Board an opportunity to participate in its deliberations, but not vote, when it has under consideration the recommended decision of the Joint Board or any further decisional action that may be required in the proceeding. The Joint Board shall be composed of three Commissioners of the Commission and of four State commissioners nominated by the national organization of the State commissions, as referred to in sections 302(b) and 305 (f) of Title 49, and approved by the Commission. The Chairman of the Commission, or another Commissioner designated by the Commission, shall serve as Chairman of the Joint Board. (As amended Sept. 30, 1971, Pub. L. 92-131, § 2, 85 Stat. 363.)

CODIFICATION

Reference to "section 3105 of Title 5" was substituted for "section 11 of the Administrative Procedure Act (5 U.S.C. 1010)" on authority of section 7(b) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5, Government Organization and Employees.

AMENDMENTS

1971 Subsec. (c). Pub. L. 92-131 added subsec. (c).

SHORT TITLE

Section 1 of Pub. L. 92-131 provided that: "This Act [enacting subsec. (c) of this section] may be cited as the 'Federal-State Communications Joint Board Act'."

SUBCHAPTER V.-PENAL PROVISIONS; FORFEITURES

§§ 501 to 503.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in section 315 of this title.

SUBCHAPTER VI.-MISCELLANEOUS

PROVISIONS

§ 606. War powers of President.

OFFICE OF EMERGENCY PREPAREDNESS Functions of the Director of the Office of Emergency Preparedness under Ex. Ord. No. 10705, Apr. 17, 1957, 22

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