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[EXEMPTIONS BY COMMISSION] 161

SEC. 383. [47 U.S.C. 383] The Commission shall exempt from the provisions of this part any vessel, or class of vessels, in the case of which the route or conditions of the voyage, or other conditions or circumstances, are such as to render a radio installation unreasonable, unnecessary, or ineffective, for the purposes of this Act.

[AUTHORITY OF COMMISSION; OPERATIONS, INSTALLATIONS, AND

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SEC. 384. [47 U.S.C. 384] The Commission shall have authority with respect to any vessel subject to this part

(1) to specify operating and technical conditions and characteristics including frequencies, emissions, power, communication capability and range, of installations required by reason of this part;

(2) to approve the details as to the location and manner of installation of the equipment required by this part or of equipment necessitated by reason of the purposes and requirements of this part; (3) to approve installations, apparatus and spare parts necessary to comply with the purposes and requirements of this part;

(4) to prescribe such additional equipment as may be determined to be necessary to supplement that specified herein for the proper functioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress.

[INSPECTIONS] 163

SEC. 385. [47 U.S.C. 385] The Commission shall make such inspections as may be necessary to insure compliance with the requirements of this part.

[FORFEITURES] 164

SEC. 386. [47 U.S.C. 386] The following forfeitures shall apply to this part in addition to penalties and forfeitures provided by title V of this Act:

(a) Any vessel of the United States that is navigated in violation of the provisions of this part or of the rules and regulations of the Commission made in pursuance thereof shall forfeit to the United States the sum of $5,000 recoverable by way of suit or libel. Each day during which such navigation occurs shall constitute a separate offense.

(b) Every willful failure on the part of the master of a vessel of the United States to enforce or to comply with the provisions of this part or the rules and regulations of the Commission made in pursuance thereof shall cause him to forfeit to the United States the sum of $1,000.

161 Heading which appears in U.S. Code. 162 Heading which appears in U.S. Code. 163 Heading which appears in U.S. Code. 164 Heading which appears in U.S. Code.

PART IV 165 ASSISTANCE FOR PUBLIC TELECOMMUNICATIONS

FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS;

CORPORATION FOR PUBLIC BROADCASTING

Subpart A-Assistance for Public Telecommunications
Facilities 166

DECLARATION OF PURPOSE

SEC. 390.167 [47 U.S.C. 390] The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications facilities in order to achieve the following objectives: (1) extend delivery of public telecommunications services to as many citizens of the United States as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) increase public telecommunications services and facilities available to, operated by, and owned by minorities and women; and (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public.

AUTHORIZATION OF APPROPRIATIONS

SEC. 391.168 [47 U.S.C. 391] There are authorized to be appropriated $40,000,000 for each of the fiscal years 1979, 1980, and 1981,

165 Part IV was amended by Public Law 95-567, approved November 2, 1978, 92 Stat. 2405, 2409. As part of these amendments, the heading was amended to read as above. Part IV was added by Public Law 87-447, approved May 1, 1962, 76 Stat. 64; and was amended by Public Law 90-129, approved November 7, 1967, 81 Stat. 365, and was further amended by Public Law 94309, approved June 5, 1976, 90 Stat. 683. The prior heading read as follows:

PART IV-ASSISTANCE FOR NONCOMMERCIAL EDUCATIONAL BROADCASTING FACILITIES;
TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING

166 The heading of Subpart A was amended to read as above by Public Law 95-567, approved November 2, 1978, 92 Stat. 2405, 2409. This heading was originally added by Public Law 90-129, approved November 7, 1967, 81 Stat. 367, and amended by Public Law 94-309, approved June 5, 1976, 90 Stat. 683. The prior heading read as follows:

Subpart A-Assistance for Non-Commercial Educational Broadcasting Facilities and
Telecommunications Demonstrations

167 Section 390 was amended to read as above by Public Law 95-567, approved November 2, 1978, 92 Stat. 2405. This section was initially added by Public Law 87-447, approved May 1, 1962, 76 Stat. 64, and was amended by Public Law 90-129, approved November 7, 1967, 81 Stat. 365, 367, and further amended by Public Law 94-309, approved June 5, 1976, 90 Stat. 683. The prior amended section read as follows:

DECLARATION OF PURPOSE

SEC. 390. The purposes of this subpart are (1) to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities, and (2) to demonstrate (through grants or contracts) the use of telecommunications technologies for the distribution and dissemination of health, education, and other public or social service information.

168 Section 391 is amended to read as above by Public Law 95-567, approved November 2, 1978, 92 Stat. 2405. This section was originally added by Public Law 87-447, approved May 1, 1962, 76 Stat. 65, and subsequently amended by the following public laws: Public Law 90-129, approved November 7, 1967, 81 Stat. 365; Public Law 91-97, approved October 27, 1969, 83 Stat. 146; Public Law 92-411, approved August 29, 1972, 86 Stat. 643; Public Law 93-84, approved August 6, 1973, 87 Stat. 219; and Public Law 94-309, approved June 5, 1976, 90 Stat. 683. The prior amended section read as follows:

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$20,000,000 for fiscal year 1982, $15,000,000 for fiscal year 1983, $12,000,000 for fiscal year 1984,169 $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year 1987, $32,000,000 for fiscal year 1988, $36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990, and $42,000,000 for fiscal year 1991, to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities as provided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the Secretary pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the Secretary to cover the cost of administering the provisions of this subpart.

GRANTS FOR CONSTRUCTION AND PLANNING

SEC. 392.170 [47 U.S.C. 392] (a) For each project for the construction of public telecommunications facilities there shall be sub

AUTHORIZATION OF APPROPRIATIONS

SEC. 391. There are authorized to be appropriated $7,500,00 for the period July 1, 1976, through September 30, 1976, and $30,000,000 for the fiscal year ending September 30, 1977, to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities as provided in this subpart. Sums appropriated under this section for fiscal year or period shall remain available for payment of grants for projects under section 392 have been submitted under such section within one year after the last day of such fiscal year or period.

169 Section 391 was amended (to include 1981-1984) by Public Law 97-35, approved August 13, 1981, 95 Stat. 357, 725.

170 Section 392 was amended to read as above by Public Law 95-567, approved November 2, 1978, 92 Stat. 2406-08. This section was originally added by Public Law 87-447, approved May 1, 1962, 76 Stat. 65. It was amended by Public Law 90-129, approved November 7, 1967, 81 Stat. 365, and further amended by Public Law 94-309, approved June 5, 1976, 90 Stat. 683. The prior amended section read as follows:

GRANTS FOR CONSTRUCTION

SEC. 392. (a) For each project for the construction of noncommercial educational television or radio broadcasting facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may by regulation require, including the total cost of such project and the amount of the Federal grant requested for such project, and providing assurance satisfactory to the Secretary

(1) that the applicant is (A) an agency or officer responsible for the supervision of public elementary or secondary education or public higher education within that State, or within a political subdivision thereof, (B) in the case of a project for television facilities, the State noncommercial educational television agency or, in the case of a project for radio facilities, the State educational radio agency, (C) a public or private nonprofit college or university or other educational or cultural institution which is affiliated with an eligible college or university, (D)(i) in the case of a project for television facilities, a nonprofit foundation, corporation, or association which is organized primarily to engage in or encourage noncommercial educational television broadcasting and is eligible to receive a license from the Federal Communications Commission for a noncommercial educational television broadcasting station pursuant to the rules and regulations of the Commission in effect on April 12, 1962, or (ii) in the case of a project for radio facilities, a nonprofit foundation, corporation, or association which is organized primarily to engage in or encourage noncommercial educational radio broadcasting and is eligible to receive a license from the Federal Communications Commission; or meets the requirements of clause (i) and is also organized to engage in or encourage such radio broadcasting and is eligible for such a license for such a radio station, or (E) a municipality which owns and operates a broadcasting facility transmitting only noncommercial programs;

(2) that the operation of such educational broadcasting facilities will be under the control of the applicant or a person qualified under paragraph (1) to be such an applicant;

(3) that necessary funds to construct, operate, and maintain such educational broadcasting facilities will be available when needed;

(4) that such broadcasting facilities will be used only for educational purposes; and (5) that, in the case of an application with repect to radio broadcasting facilities, there has been comprehensive planning for educational broadcasting facilities and services in the area

Continued

mitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may require, including the total cost of such project, the amount of the grant requested for such project, and a 5-year plan outlining the applicant's projected facilities requirements and the projected costs of such facilities requirements. Each applicant shall also provide assurances satisfactory to the Secretary that—

(1) the applicant is (A) a public broadcast station; (B) a noncommercial telecommunications entity; (C) a system of public telecommunications entities; (D) a nonprofit foundation, corporation, institution, or association organized primarily for educational or cultural purposes; or (E) a State or local government (or any agency thereof), or a political or special purpose subdivision of a State;

the applicant proposes po serve and the applicant has participated in such planning, and the applicant will make the most efficient use of the frequency assignment.

(b) The total of the grants made under this part from the appropriation for any fiscal year for the construction of noncommercial educational television broadcasting facilities and noncommercial educational radio broadcasting facilities in any State may not exceed 82 per centum of such appropriation.

NOTICE TO STATE EDUCATIONAL TELEVISION AND RADIO AGENCIES

(c)(1) In order to assure proper coordination of construction of noncommercial educational television broadcasting facilities within each State which has established a State educational television agency, each applicant for a grant under this section for a project for construction of such facilities in such State, other than such agency, shall notify such agency of each application for such a grant which is submitted by it to the Secretary, and the Secretary shall advise such agency with respect to the disposition of each such application.

(2) In order to assure proper coordination of construction of noncommercial educational radio broadcasting facilities within each State which has established a State educational radio agency, each applicant for a grant under this section for a project for construction of such facilities in such State, other than such agency, shall notify such agency of each application for such a grant which is submitted by it to the Secretary, and the Secretary shall advise such agency with respect to the disposition of each such application.

(d)(1) The Secretary shall base his determinations of whether to approve applications for television grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) a strengthening of the capability of existing noncommercial educational television stations to provide local services; (B) the adaptation of existing noncommercial educational television facilities to broaden educational uses; and (C) extension of noncommercial educational television services, with due consideration to equitable geographic coverage throughout the United States.

(2) The Secretary shall base his determination of whether to approve applications for radio grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) extension of noncommercial educational radio services with due consideration to equitable geographic coverage throughout the United States; (B) strengthening of the capability of existing noncommercial educational radio stations to provide local service; and (C) the provision of multiple radio stations in major population centers to broaden services for special interest, minority, and educational uses.

(e) Upon approving any application under this section with respect to any project, the Secretary shall make a grant to the applicant in the amount determined by him, but not exceeding 75 per centum of the amount determined by the Secretary to be the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sum available therefor, in advance or by way of reimbursement, and in such installments consistent with construction progress, as he may determine.

(f) If, within ten years after completion of any project for construction of educational television or radio broadcasting facilities with respect to which a grant has been made under this section(1) the applicant or other owner of such facilities ceases to be an agency, officer, institution, foundation, corporation, or association described in subsection (a)(1) of this section, or (2) such facilities cease to be used for noncommercial educational television purposes or noncommercial educational radio purposes, as the case may be (unless the Secretary determines in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation so to do),

the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated) of such facilities, as the amount of the Federal participation bore to the cost of construction of such facilities.

(2) the operation of such public telecommunication facilities will be under the control of the applicant;

(3) necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed;

(4) such public telecommunications facilities will be used primarily for the provision of public telecommunications services and that the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services will not interfere with the provision of such public telecommunications services as required in this part; 171 (5) the applicant has participated in comprehensive planning for such public telecommunications facilities in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate technologies and coordination with State educational television and radio agencies, as appropriate; and

(6) the applicant will make the most efficient use of the grant.

(b) Upon approving any application under this section with respect to any project for the construction of public telecommunications facilities, the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amounts shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of such project.

(c) The Secretary may provide such funds as the Secretary deems necessary for the planning of any project for which construction funds may be obtained under this section. An applicant for a planning grant shall provide such information with respect to such project as the Secretary may require and shall provide assurances satisfactory to the Secretary that the applicant meets the eligible requirements of subsection (a) to receive construction assistance.

(d) Any studies conducted by or for any grant recipient under this section shall be provided to the Secretary, if such studies are conducted through the use of funds received under this section.

(e) The Secretary shall establish such rules and regulations as may be necessary to carry out this subpart, including rules and regulations relating to the order of priority in approving applications for construction projects and relating to determining the amount of each grant for such projects.

(f) In establishing criteria for grants pursuant to section 393 and in establishing procedures relating to the order of priority established in subsection (e) in approving applications for grants, the Secretary shall give special consideration to applications which would increase minority and women's ownership of, operation of, and participation in public telecommunications entities. The Secretary shall take affirmative steps to inform minorities and women of the availability of funds under this subpart, and the localities where new public telecommunications facilities are needed, and to

171 Section 392(a)(4) was amended by Public Law 97-35, approved August 13, 1981, 95 Stat. 357, 725, by adding the language following "services" and by substituting "primarily" for "only."

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