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wrecked, distressed, or other persons in like or similar situations or by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control.

(5) "Nuclear ship” means a ship provided with a nuclear powerplant. 11

(x) "Radiotelegraph auto alarm” on a ship of the United States subject to the provisions of part II of title III of this Act means an automatic alarm receiving apparatus which responds to the radio telegraph alarm signal and has been approved by the Commission. "Radiotelegraph auto alarm” on a foreign ship means an automatic alarm receiving apparatus which responds to the radiotelegraph alarm signal and has been approved by the government of the country in which the ship is registered: Provided, That the United States and the country in which the ship is registered are parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. Nothing in this Act or in any other provision of law shall be construed to require the recognition of a radiotelegraph auto alarm as complying with part II of title III of this Act, on a foreign ship subject to such part, where the country in which the ship is registered and the United States are not parties to the same treaty, convention, or agreements prescribing the requirements for such apparatus.

(y) 13 (1) "Operator" on a ship of the United States means, for the purpose of parts II and III of title III of this Act, 14 a person holding a radio operator's license of the proper class as prescribed and issued by the Commission.

(2) "Operator" on a foreign ship means, for the purpose of part II of title III of this Act, a person holding a certificate as such of the proper class complying with the provision of the radio regulations annexed to the International Telecommunication Convention in force, or complyng with an agreement or treaty between the United States and the country in which the ship is registered. 15

(2/1) “Radio officer” on a ship of the United States means, for the purpose of part II of title III of this Act, a person holding at least a first or second clase radiotelegraph operator's license as prescribed and issued by the Commission. When such person is employed to operate a radiotelegraph station aboard a ship of the

12

1 Paragraph (5) was added by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. 12 Subsection (x) was amended to read as above by Public Law 89-121, approved August 13, 1965, 79 Stat. 511. The former provision in subsection (x) dealing with "auto-alarms” has been added by Public Law 97, 75th Congress, approved May 20, 1937, 50 Stat. 189 and read as follows:

"Auto-alarm" on a foreign ship means an automatic alarm receiver which has been approved by the country to which the ship belongs, provided the United States and the country to which the ship belongs are both parties to the same treaty, convention, or agreement prescribing the requirements for such apparatus. Auto

alarmon a ship of the United States subject to the provisions of part II of title III of this Act means an automatic alarm receiver complying with law and approved by the Commission. Nothing in this Act or in any other provision of law shall be construed to require the recognition of an auto

alarm as complying with part II of title III of this Act, on a foreign ship subject to such part, whose country of origin is not a party to a treaty, convention, or agreement with the United States in regard to such apparatus.

13 See footnote 10.

14 This paragraph was amended by Section 3, Public Law 985, 84th Congress, 2d Sess., ap proved Aug. 6, 1956, 70 Stat. 1049, when it was subsection 3(yX2). Section 3 of Public Law 985 provides as follows:

Sec. 3. Section StyX2) is amended by deleting "Part II of title IIIand inserting in lieu thereof "parts II and III of title III.

15 Subsection (y) was amended to read as above by Public Law 98-121, approved August 13, 1965, 79 Stat. 511. The revisions were editorial in nature.

United States, he is also required to be licensed as a "radio officer" in accordance with the Act of May 12, 1948 (46 U.S.C. 229a-h).

(2) “Radio officer” on a foreign ship means, for the purpose of part II of title III of this Act, a person holding at least a first or second class radiotelegraph operator's certificate complying with the provisions of the radio regulations annexed to the International Telecommunication Convention in force. 16

(aa) "Harbor" or "port" means any place to which ships may resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This term shall apply to such places whether proclaimed public or not and whether natural or artifical.

(bb) "Safety convention" means the International Convention for the Safety of Life at Sea in force and the regulations referred to therein.

(cc) 17 "Station license,” “radio station license," or "license" means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio by whatever name the instrument may be designated by the Commission.

(dd) “Broadcast station," "broadcasting station," or "radio broadcast station” means a radio station equipped to engage in broadcasting as herein defined.

(ee) 18 "Construction permit" or "permit for construction" that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.

(ff) 19 "Great Lakes Agreement" means the Agreement for the Promotion of Safety on the Great Lakes by Means of Radio in force and the regulations referred to therein.

(gg) “Private land mobile service” means a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or

16 Subsection (z) was added by Public Law 89,121, approved August 13, 1965, 79 Stat. 511. The former subsection (2) was redesignated (aa).

17 Subsection (cc), (dd), and (ee) were added by Public Law 554, 82d Congress, 2d Session, approved July 16, 1952, 66 Stat. 711. This Act provided that it may be cited as the “Communications Act Amendments, 1952.” Section 19 of that Act provided:

This Act shall take effect on the date of its enactment, but (1) Insofar as the amendments made by th Act to the Communications of 1934 provide for procedural changes, requirements imposed by such changes shall not be mandatory as to any agency proceeding (as defined in the Administrative Procedure Act) with respect to which hearings have been commenced prior to the date of enactment of this Act.

(2) The amendments made by this Act to section 402 of the Communications Act of 1934 (relating to judicial review of orders and decisions of the Commission) shall not apply with respect to any action or appeal which is pending before any court on the date of enactment

of this Act. 18 Former subsection (ee) and (ff) added by Public Law 584, 83d Cong., 2d Sess., approved August 13, 1954, 68 Stat. 704 and defining “existing installation" and "new installation", respectively, were repealed by Public Law 89-121, approved August 13, 1965, 79 Stat. 511.

19 This subsection was added by Public Law 590, 83d Cong., 2d sess., approved August 13, 1954, 68 Stat. 729.

two-way land mobile radio communications by eligible users over designated areas of operation. 20

PROVISIONS RELATING TO THE COMMISSION

SEC. 4. [47 U.S.C. 154] (a) The Federal Communications Commission (in this Act referred to as the "Commission") shall be composed of five 21 Commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairman.

(b) 22 (1) Each member of the Commission shall be a citizen of the United States.

(2XA) No member of the Commission or person employed by the Commission shall

(i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission;

(ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum;

(ii) be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or

(iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this Act;

30 Subsection (eg) was added by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1097.

31 Subsection 4(a) was amended by Public Law 97-253, 96 Stat. 763, 805, Sept. 1982, which inserted "five" in lieu of "seven." The amendment took effect on July 1, 1983. Public Law 97253 also provided:

Upon expiration of the term of office as a member of the Federal Communications Commission, which is prescribed by law to occur on June 30, 1982, any member appointed to fill such office after such date shall be appointed for a term which ends on June 30, 1983, and such office shall be abolished on July 1, 1983. Upon expiration of the term of office as a member of such Commission, which

(1) is prescribed by law;
(2) is in effect before the date of the enactment of this Act; and

(3) is to occur on June 30, 1983; po person shall be appointed to fill such office after such date, and such office shall be abol

ished on July 1, 1983. 33 Section 4(b) was amended to read as above by Public Law 97–259, 96 Stat. 1087-88, Sept. 13, 1982. Section 4(b) formerly read as follows:

(6) Each member of the Commission shall be a citizen of the United States. No member of the Commission or person in its employ shall be financially interested in the manufacturer or sale of radio apparatus or of apparatus for wire or radio communications; in communication by wire or radio or in radio transmission of energy; in any company furnishing services or such apparatus to any company engaged in communications by wire or radio or to any company manufacturing or selling apparatus used for communication by wire or radio; or in any company owning stocks, bonds, or other securities of any such company; nor be in the employ of or hold any official relation to any person subject to any of the provisions of this Act, nor own stocks, bonds, or other securities of any corporation subject to any of the provisions of this Act. Such commissioners shall not engage in any other business, vocation, profession, or employment. Any such commissioner serving as such after one year from the date of enactment of the Communications Act Amendments, 1952, shall not for a period of one year following the termination of his service as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed. The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a mojority of the full membership of the Commission

except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission.

(B)(i) The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18, United States Code. The waiver authority established in this sub paragraph shall not apply with respect to members of the Commission.

(ii) In any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver.

(3) The Commission, in determining whether a company or other entity has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)

(A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or other entity;

(B) the extent to which the Commission regulates and oversees the activities of such company or other entity;

(C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and

(D) the perceptions held by the public regarding the business activities of such company or other entity. (4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members. 23

a

28 Section 4(b) was amended to read as above by Public Law 97-259, 96 Stat. 1087-88, Sept. 13, 1982. Formerly, section 4(b) included a sentence which read as follows: "Such commissioners shall not engage in any other business, vocation, profession, or employment.” Also, Public Law 86-752, 74 Stat. 889, Sept. 13, 1960, had amended this sentence formerly in section 4(b) by striking out the following: "but this shall not apply to the presentation or delivery of publications or papers for which a reasonable honorarium or compensation may be accepted..

Former Section 4b) also included in the following: “Any such commissioner serving as such after one year from the date of enactment of the Communications Act Amendments, 1952, shall not for a period of one year following the termination of his service as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed." The sentence was deleted by Public Law 97-259, 96 Stat. 1087-88, Sept. 13, 1982, for consistency with the Ethics in Government Act of 1978, Pub. L. 95–521, 92 Stat. 1824 (see 18 U.S.C. $ 207). Other restrictions on the activities of former members and employees of the Commission had been contained in Public Law 87-849, approved October 23, 1962, 76 Stat. 1123, 18 U.S.C. § 207.

(5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission. 24

(c) Commissioners shall be appointed for terms of five 24A years and until their successors are appointed and have been confirmed and taken the oath of office, except that they shall not continue to serve beyond the expiration of the next session of Congress subse quent to the expiration of said fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he succeeds.25 No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission.

** This sentence was originally added by Public Law 97-253, 96 Stat. 763, 805–806, Sept. 8, 1982. Under Public Law 97-253, the amendment was to take effect on July 1, 1983. On September 13, 1982, Public Law 97-259, 96 Stat. 1087-88, was approved, which amended Section 46) to read as above. The sentence formerly read as follows: “Not more than four members of the Commission shall be members of the same political party. Public Law 97-253, 96 Stat. 763, 805, Sept. 8, 1982, also provided:

Upon expiration of the term of office as a member of the Federal Communications Commission, which is prescribed by law to occur on June 30, 1982, any member appointed to fill such office after such date shall be appointed for a term which ends on June 30, 1983, and such office shall be abolished on July 1, 1983. Upon expiration of the term of office as a member of such Commission, which

(1) is prescribed by law;
(2) is in effect before the date of the enactment of this Act; and

(3) is to occur on June 30, 1983; no person shall be appointed to fill such office after such date, and such office shall be abolished on July 1, 1983. The last three sentences of the former subsection 4(b) were originally added by the Communications Act Amendments 1952. Previously, the last sentence of the subsection had read as follows:

Such Commissioners shall not engage in any other business, vocation, or employment. Not more than four Commissioners shall be members of the same political party.

34A The Act of June 6, 1986 (Public Law 99-334, 100 Stat. 513) reduced the number of Commissioners from seven to five. Subsection (b) of that Act provided as follows:

(b) The amendment made by subsection (a) of this section shall take effect on the date of enactment of this Act, except that

(1) upon the expiration of the term of office prescribed by law to occur on June 30, 1986, any person appointed as a member of the Federal Communications Commission to fill such office for the term following such date shall be eligible to serve until June 30, 1990, and any person appointed as a member of the Federal Communications Commission to the term of office prescribed by law to expire on June 30, 1987, shall be eligible to serve until June 30, 1989, and

(2) notwithstanding the provisions of subsection (a) of this section, persons appointed as members of the Federal Communications Commission to terms of office prescribed by law to expire on June 30, 1988, June 30, 1991, and June 30, 1992, shall be eligible to serve until the expiration of the term of office on June 30, 1988, June 30, 1991, and June 30, 1992, whichev

er is applicable. 26 The first sentence of Section 4(c) was amended to read as above by Public Law 97-259, 96 Stat. 1087, 1088, Sept. 13, 1982. The section formerly read as follows:

(c) The Commissioners first appointed under this Act shall continue in office for the terms of one, two, three, four, five, six, and seven years, respectively, from the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years and until their successors are appointed and have qualified, except that they shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he succeeds. No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission

The first sentence of former subsection (c) was amended by Public Law 86-619, approved July 12, 1960, 48 Stat. 1067. Prior to that it read:

(c) The commissioners first appointed under this Act shall continue in office for the terms of one, two, three, four, five, six, and seven years, respectively, from the date of the taking effect, of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he succeeds.

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