« iepriekšējāTurpināt »
“(ff) The term 'construction permit' or 'permit for construction' means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act for 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.
“(gg) The term 'single broadcast band' means that group of channels assigned for broadcasting by means of amplitude modulation, international shortwave amplitude modulation, frequency modulation, facsimile, television, or any other type of broadcast service subsequently developed, respectively."
Sec. 4. (a) Subsection (a) of section 4 of such Act, as amended, is amended by striking out “, one of whom the President shall designate as chairman".
SEC. 5. Section 5 of such Act, as amended, is amended to read as follows:
"CHAIRMAN AND DIVISIONS OF THE COMMISSION
"SEC. 5. (a) Within thirty days after the enactment of this Act, and annually thereafter, the Commission (1) shall select one of its members to be Chairman of the Commission for the ensuing year, and (2) shall organize its members, other than the Chairman, into two divisions of three members each, said division to be known and designated as the "Common Carrier Division' and the 'Broadcast Division'. Except as hereinafter provided, no member designated to serve on one division shall, while so serving, have or exercise any duty or authority with respect to the work or functions of the other division.
“(b) The Broadcast Division shall have jurisdiction over all questions of substance and procedure arising under the provisions of this Act and the rules and regulations of the Commission enacted pursuant to this Act relating to wire and radio communications intended to be received by the public directly, and shall make all adjudications involving the interpretation and application of those provisions of the Act and of the Commission's regulations.
"(c) The Common Carrier Division shall have jurisdiction over all questions of substance or procedure arising under the provisions of this Act and the rules and regulations of the Commission enacted pursuant to this Act relating to wire and radio communications by a common carrier or carriers, or which are intended to be received by a designated addressee or addressees, and shall make all adjudications involving the interpretation and application of those provisions of the Act and of the Commission's regulations.
“(d) The whole Commission shall have and exercise jurisdiction over the adoption and promulgation of all rules and regulations of general application authorized by this Act, including procedural rules and regulations for the Commission and the Divisions thereof; over the assignment of bands of frequencies to the various radio services; over all signals and communications of an emergency nature, including those by ships at sea and those relating to fire control and police activities; over all signals and communications by and between amateu stations; over the qualification and licensing of all radio operators; over the selection and appointment of all officers and other employees of the Commission and the Divisions thereof; and generally over all other matters with respect to which authority is not otherwise specifically conferred by the other provisions of this Act. In any case where a conflict arises as to the jurisdiction of the Commission or any Division thereof, such question of jurisdiction shall be determined by the whole Commission.
“(e) The Chairman of the Commission shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the whole Commission, to represent the Commission in all matters relating to legislation and legislative reports, to represent the Commission or any Division thereof in all matters requiring conferences or communications with representatives of the public or other governmental officers, departments, or agencies, and generally to coordinate and organize the work of the Commission and each Division thereof in such manner as to promote prompt and efficient handling of all matters within the jurisdiction of the Commission. The Chairman of the Commission shall not be a member or serve upon either of said Divisions, except in the case of a vacancy or the absence or inability of a Commissioner appointed to serve thereon, the Chairman may temporarily serve on either of said Divisions with full power as a member thereof until the cause or circumstance requiring said service shall be eliminated or corrected.
“(f) Each Division of the Commission shall choose its own chairman, and, in conformity with and subject to the foregoing provisions of this section, shall organize its membership and the personnel assigned to it in such manner as will best serve the prompt and orderly conduct of its business. Each Division shall have power and authority by a majority thereof to hear and determine, order, certify, report, or otherwise act as to any of said work, business, or functions over which it has jurisdiction. Any order, decision, report made, or other action taken by either of said Divisions with respect to any matter within its jurisdiction, shall be final and conclusive, except as otherwise provided. The secretary and seal of the Commission shall be the secretary and seal of each Division thereof.
"(g) In the case of a vacancy in the office of the Chairman of the Commission or the absence or inability of the Chairman to serve, the Commission may temporarily designate and appoint one of its members to act as Chairman of the Commission until the cause or circumstance requiring said service shall have been eliminated or corrected. During the temporary service of any such Commissioner as Chairman of the Commission, he shall continue to exercise the other duties and responsibilities which are conferred upon him by this Act.
“(h) The term 'Commission' as used in this Act shall be taken to mean the whole Commission or a division thereof as required by the context and the subject matter dealt with. The term 'adjudications' means the final disposition of particular cases, controversies, applications, complaints, or proceedings involving named persons or a named res.
“(i) The Commission or either Division thereof is hereby authorized by its order to assign or refer any portion of its work, business, or functions to an individual Commissioner, or to a board composed of an employee or employees of the Commission, to be designated by such order for action thereon, and by its further order at any time to amend, modify, or rescind any such order or reference: Provided, That this authority shall not extend to duties specifically imposed upon the Commission, either Division thereof, or the Chairman of the Commission, by this or any other Act of Congress. Any order, decision, or report made or other action taken by any such individual Commissioner or board in respect of any matter so assigned or referred shall have the same force and effect and may be made, evidenced, and enforced as if made by the Commission or the appropriate Division thereof: Provided, however, That any person aggrieved by any such order, decision, or report may file a petition for review by the Commissioner or the appropriate Division thereof, and every such petition shall be passed upon by the Commission or that Division.
“(j) Notwithstanding any other provision of this section, the Commission may, by specific order to that effect, continue any member in the performance of particular duties undertaken and commenced while serving as Chairman of the Commission or as a member of a particular Division, irrespective of the fact that such a member has been assigned to and has assumed the performance of other duties; but such an assignment shall be made only when necessary to the efficient and proper functioning of the Commission or of either Division thereof, or when the failure to make such an assignment would or might result in hardship or unnecessary delay to parties having business before the Commission. During the temporary service of any Commissioner pursuant to any such assignment, such Commissioner shall continue to exercise the other duties and responsibilities which are conferred upon him by or pursuant to this Act.”
Sec. 6. Subsection (k) of section 4 of such Act is amended to read as follows:
"(k) The Commission shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain
"(1) such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy ;
"(2) such information and data concerning the functioning of the Commission as will be of value to Congress in appraising the amount and character of the work and accomplishments of the Commission and the adequacy of its staff and equipment;
“(3) information with respect to all persons taken into the employment of the Commission during the year covered by the report, including names, pertinent biographical data and experience, Commission positions held and compensation paid, together with the names of those persons who have left the employ of the Commission during such year : Prorided. That the first annual report following the date of enactment of Communications Act Amendments, 1947, shall contain such information with respect to all persons
in the employ of the Commission at the close of the year for which the report is made;
“(4) an itemized statement of all funds expended during the preceding year by the Commission, of the sources of such funds, and of the authority in this Act or elsewhere under which such expenditures were made; and
“(5), specific recommendations to Congress as to additional legislation which the Commission deems necessary or desirable." SEC. 7. Subsection (i) of section 303 of such Act is amended to read as follows:
“(i) Have authority to make such special regulations applicable to the technical apparatus and the technical operation of stations engaged in chain broadcasting as it may deem necessary to prevent interference between stations."
SEC. 8. Subsection (j) of section 303 of such Act is amended to read as follows:
“(j) Have authority to make general rules and regulations requiring stations to keep such records of programs, transmissions of energy, communications, or signals as it may deem desirable; and to prescribe uniform systems of financial reports which may be required from the licensee of each radio station rendering a particular type of broadcast service, which reports shall disclose the financial statements of any such radio station regardless of the corporate organization or other control of such radio station by a licensee. All such reports so filed shall be kept confidential by the Commission, except that they shall be available, upon request, for the information of any committee of the Congress, or for use upon order of the Commission, or either Division thereof, in any proceeding before the Commission."
SEC. 9. Subsection (b) of section 307 of such Act, as amended, is amended to read as follows:
“(b) In considering applications for licenses, and modifications thereof, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide a fair, efficient, and equitable distribution of radio service to each of the same, giving effect in each such instance to the needs and requirements thereof."
SEC. 10. Subsection (d) of section 307 of such Act is amended by striking out from said subsection the following language appearing in the last sentence thereof : ", but action of the Commission with reference to the granting of such application for the renewal of a license shall be limited to and governed by the same considerations and practice which affect the granting of original applications.”; by inserting a period after the word “licenses” preceding such language, and by inserting the following sentence at the end of said subsection: "When application is made for renewal of license which cannot be disposed of by the Commission under the provisions of section 309 (a) hereof, the Commission shall employ the procedure specified in section 309 (b) hereof and pending hearing and final decision pursuant thereto shall continue such license in effect."
SEC. 11. (a) So much of subsection (a) of section 308 of such Act as precedes the proviso is amended to read as follows: "The Commission may grant instruments of authorization entitling the holder's thereof to construct or operate apparatus for the transmission of energy, or communications, or signals by radio or modifications or renewals thereof, only upon written application therefor received by it: Provided, That (1) in cases of emergency found by the Commission involying danger to life or property or due to damage to equipment, or (2) during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, the Commission may grant and issue authority to construct or operate apparatus for the transmission of energy or communications or signals by radio during the emergency so found by the Commission or during the continuance of any such war, in such manner and upon such terms and conditions as the Commission shall be regulation prescribe, and without the filing of a formal application, but no such authority shall be granted for a period beyond the period of the emergency requiring it nor remain effective beyond such period :".
(b) Section 308 of such Act is further amended by adding a new subsection (d) as follows:
“(d) No license granted and issued under the authority of this Act for the operation of any radio station shall be modified by the Commission, except in the manner provided in section 312 (5) hereof, and no such license may be revoked, terminated, or otherwise invalidated, by the Commission, except in the manner and for the reasons provided in section 312 (a) hereof. No proceeding for authority to transfer a station license or to transfer stock in a licensee corporation under section 310 (b) of this Act shall be utilized by the Commission for
the imposition of sanctions or penalties upon any licensee for his conduct as such or for alleged deficiencies in the operation of his station.”
SEC. 12. Section 309 of such Act, as amended, is amended to read as follows:
“HEARINGS ON APPLICATIONS FOR LICENSES ; FORM OF LICENSES; CONDITIONS ATTACHED
"SEC. 309. (a) If upon examination of any application provided for in section 308 the Commission shall determine that public interest, convenience, and necessity would be served by the granting thereof, it shall authorize the issuance of the instrument of authorization for which application is made in accordance with said finding.
“(b) If upon examination of any such application the Commission is unable to make the finding specified in subsection (a) of this section, it shall forthwith notify the applicant and other known parties in interest of the grounds and reasons for its inability to make such finding. Such notice, which shall precede formal designation for a hearing, shall advise the applicant and all other known parties in interest of all objections made to the application as well as the source and nature of such objections. The parties in interest shall include, in addition to such others as the Commission may determine, any person whose status as the holder of a construction permit or license would be adversely affected economically or by electrical interference because of the authorization or action proposed and any person then an applicant for facilities whose status as such applicant would be adversely affected on either or both of such grounds. Following such notice, the Commission shall formally designate the application for hearing on the grounds or reasons then obtaining and shall notify the applicant and all other known parties in interest of such action and the grounds and reasons therefor, specifying with particularly, the matters and things in issue but not including issues or requirements phrased generally. The parties in interest, if any, who are not notified by the Commission of its action with respect to a particular application may acquire the status of a party to the proceeding thereon by filing a petition for intervention showing the basis for their interest at any time not less than ten days prior to the date of hearing. Any hearing subsequently held upon such application shall be a full hearing in which the applicant and all other parties in interest shall be permitted to participate but in which both the burden of proceeding with the introduction of evidence upon any issue specified by the Commission, as well as the burden of proof upon all such issues, shall be upon the applicant.
"(c) When any instrument of authorization is granted by the Commission without a hearing as provided in subsection (a) hereof, such grant shall remain subject to protest as hereinafter provided for a period of thirty days. During such thirty-day period any party in interest, as defined in subsection (b) hereof, may file a protest directed to such grant and request a hearing on said application so granted. Any protest so filed shall contain such allegations of fact as will show the protestant to be a party in interest and shall specify with particularity the matters and things in issue but shall not include issues or allegations phrased generally. Upon the filing of such protest the application involved shall be set for hearing upon the issues set forth in said protest, together with such further specific issues, if any, as may be prescribed by the Commission. In any hearing subsequently held upon such application all issues specified by the Commission shall be tried in the same manner provided in subsection (b) hereof but with respect of all issues set forth in the protest and not specifically adopted by the Commission, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the protestant. The hearing and determination of cases arising under this subsection shall be expedited by the Commission and pending hearing and decision the effective date of the Commission's action to which protest is made shall be postponed to the date of the Commission's decision after hearing, unless the authorization involved is necessary to the maintenance or conduct of an existing service, in which event the Commission shall authorize the applicant to utilize the facilities or authorization in question pending the Commission's decision after hearing.
“(a) Such station licenses as the Commission may grant shall be in such general form as it may prescribe, but each license shall contain, in addition to other provisions, a statement of the following conditions to which such license shall he subject: (1) The station license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized therein; (2) neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of this Act; (3) every license issued under this Act shall be subject in terms to the right of use or control conferred by section 606 hereof."
SEC. 13. Subsection (b) of section 310 of said Act is amended to read as follows:
“(b) No instrument of authorization granted by the Commission entitling the holder thereof to construct or to operate radio apparatus and no rights granted thereunder shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such instrument of authorization, to any person except upon application to the Commission and upon finding by the Commission that the proposed transferee or assignee possesses the qualifications required of an original permittee or licensee. The procedure for handling such application shall be that provided in section 309 hereof with respect to applications for licenses."
SEC. 14. Section 312 of such Act, as amended, is amended to read as follows:
Sec. 312. (a) Any station license may be revoked (1) because of conditions coming to the attention of the Commission since the granting of such license which would have warranted the Commission in refusing to grant such license, or (2) for violation of or failure to observe the terms and conditions of any cease-and-desist order issued by the Commission pursuant to subsection (b) hereof : Provided, That no such order of revocation shall take effect until thirty days' notice in writing thereof, stating the cause for the proposed revocation, has been give i to the licensee. Such licensee may make written application to the Commission at any time within said thirty days for a hearing upon such order, and upon the filing of such written application said order of revocation shall stand suspended until the conclusion of the hearing. Upon the conclusion of said hearing the Commission may affirm, modify, or revoke said order of revocation.
“(b) Where a station licensee (1) has failed to operate substantially as set forth in the license, or (2) has failed to observe any of the restrictions and conditions of this Act or of a treaty ratified by the United States, or (3) has violated or failed to observe any rule or regulation of the Commission authorized by this Act, the Commission may institute a proceeding by serving upon the licensee an order to show cause why it should not cease and desist from such action. Said order shall contain a statement of the particulars and matters with respect to which the Commission is inquiring and shall call upon the licensee to appear before the Commission at a time and place therein stated, but in no event less than thirty days after receipt of such notice, and give evidence upon the matter specified in said order. If, after hearing, or a waiver thereof by the licensee, the Commission determines that a cease and desist order should issue, it shall make a report in writing stating the findings of the Commission and the grounds and reasons therefor and shall cause the same to be served on said licensee, together with such order.
"(c) Any station license granted under the provisions of this Act or the construction permit required thereby may be modified by the Commission either for a limited time or for the duration of the term thereof, if in the judgment of the Commission such action will promote the public interest, convenience, and necessity, or the provisions of this Act or of any treaty ratified by the United States will be more fully complied with : Provided, That no such order of modification shall become final until the holder of such outstanding license or permit shall have been notified in writing of the proposed action and the grounds and reasons therefor, and shall have been given reasonable opportunity, in no event less than thirty days, to show cause by public hearing, if requested, why such order of modification should not issue.
"(d) In any case where a hearing is conducted pursuant to the provisions of this section, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission."
SEC. 15. Section 315 of such Act is amended to read as follows:
"SEC. 315. Nothing in this Act shall be understood as imposing or as authorizing or permitting the Commission to impose any obligation upon the licensee of any radio broadcast station to allow the use of such station in any political campaign. In the event that the licensee of any such station shall permit such use, it shall be in accordance with the following conditions and obligations:
“(a) When any licensee permits any person who is a legally qualified candidate for any public office in a primary, general, or other election to use a broad