Notes on 47 U.S.C. § 303 : US Code - Notes

Search Notes on 47 U.S.C. § 303 : US Code - Notes

(June 19, 1934, ch. 652, title III, Sec. 303, 48 Stat. 1082; May
20, 1937, ch. 229, Secs. 5, 6, 50 Stat. 190, 191; Pub. L. 85-817,
Sec. 1, Aug. 28, 1958, 72 Stat. 981; Pub. L. 87-445, Apr. 27, 1962,
76 Stat. 64; Pub. L. 87-529, Sec. 1, July 10, 1962, 76 Stat. 150;
Pub. L. 88-313, Sec. 1, May 28, 1964, 78 Stat. 202; Pub. L. 88-487,
Sec. 2, Aug. 22, 1964, 78 Stat. 602; Pub. L. 89-268, Oct. 19, 1965,
79 Stat. 990; Pub. L. 92-81, Sec. 1, Aug. 10, 1971, 85 Stat. 302;
Pub. L. 93-505, Sec. 1, Nov. 30, 1974, 88 Stat. 1576; Pub. L. 97-
259, title I, Secs. 109-111(a), 113(b), Sept. 13, 1982, 96 Stat.
1092, 1093; Pub. L. 101-396, Sec. 8(a), Sept. 28, 1990, 104 Stat.
850; Pub. L. 101-431, Sec. 3, Oct. 15, 1990, 104 Stat. 960; Pub. L.
102-538, title II, Sec. 210(a), Oct. 27, 1992, 106 Stat. 3544; Pub.
L. 104-104, title II, Sec. 205(b), title IV, Sec. 403(g), title V,
Sec. 551(b)(1), (c), Feb. 8, 1996, 110 Stat. 114, 131, 140, 141;
Pub. L. 105-33, title III, Sec. 3005, Aug. 5, 1997, 111 Stat. 268.)
CODIFICATION
Enactment of subsec. (w) by Pub. L. 104-104, Sec. 551(b)(1), did
not become effective pursuant to Pub. L. 104-104, Sec. 551(e)(1),
because the Federal Communications Commission on Mar. 12, 1998,
adopted an order finding acceptable the video programming rating
system currently in voluntary use. See 1996 Amendment note and
Effective Date of 1996 Amendment note below.
In subsec. (l)(3), "subchapter II of chapter 5, and chapter 7, of
title 5" substituted for "the Administrative Procedure Act" on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
631, the first section of which enacted Title 5, Government
Organization and Employees.
AMENDMENTS
1997 - Subsec. (y). Pub. L. 105-33 added subsec. (y).
1996 - Subsec. (f). Pub. L. 104-104, Sec. 403(g), struck out ",
after a public hearing," after "unless".
Subsec. (v). Pub. L. 104-104, Sec. 205(b), added subsec. (v).
Subsec. (w). Pub. L. 104-104, Sec. 551(b)(1), which did not
become effective, directed the insertion of subsec. (w) reading as
follows: "Prescribe -
"(1) on the basis of recommendations from an advisory committee
established by the Commission in accordance with section
551(b)(2) of the Telecommunications Act of 1996, guidelines and
recommended procedures for the identification and rating of video
programming that contains sexual, violent, or other indecent
material about which parents should be informed before it is
displayed to children: Provided, That nothing in this paragraph
shall be construed to authorize any rating of video programming
on the basis of its political or religious content; and
"(2) with respect to any video programming that has been rated,
and in consultation with the television industry, rules requiring
distributors of such video programming to transmit such rating to
permit parents to block the display of video programming that
they have determined is inappropriate for their children."
See Codification note above and Effective Date of 1996 Amendment
note below.
Subsec. (x). Pub. L. 104-104, Sec. 551(c), added subsec. (x).
1992 - Subsec. (q). Pub. L. 102-538 inserted ", and the tower
owner in any case in which the owner is not the permittee or
licensee," after "permittee or licensee".
1990 - Subsec. (l)(3). Pub. L. 101-396 substituted "multilateral
or bilateral agreement, to which the United States and the alien's
government are parties," for "bilateral agreement between the
United States and the alien's government".
Subsec. (u). Pub. L. 101-431 added subsec. (u).
1982 - Subsec. (l)(1). Pub. L. 97-259, Sec. 109, substituted
"persons who are found to be qualified by the commission and who
otherwise are legally eligible for employment in the United States"
for "such citizens or nationals of the United States, or citizens
of the Trust Territory of the Pacific Islands presenting valid
identity certificates issued by the High Commissioner of such
Territory, as the Commission finds qualified", and substituted
provision that the requirement relating to eligibility for
employment in the United States shall not apply in the case of
licenses issued by the Commission to (A) persons holding United
States pilot certificates; or (B) persons holding foreign aircraft
pilot certificates which are valid in the United States, if the
foreign government involved has entered into a reciprocal agreement
under which such foreign government does not impose any similar
requirement relating to eligibility for employment upon citizens of
the United States for provision that in issuing licenses for the
operation of radio stations on aircraft the Commission, if it found
that the public interest would be served thereby, could waive the
requirement of citizenship in the case of persons holding United
States pilot certificates or in the case of persons holding foreign
aircraft pilot certificates which were valid in the United States
on the basis of reciprocal agreements entered into with foreign
governments.
Subsec. (m)(1)(A). Pub. L. 97-259, Sec. 110, inserted ", or
caused, aided, or abetted the violation of," after "violated".
Subsec. (n). Pub. L. 97-259, Sec. 113(b), inserted ", or which
the Commission by rule has authorized to operate without a license
under section 307(e)(1) of this title," after "licensed by any
Act".
Subsec. (t). Pub. L. 97-259, Sec. 111(a), added subsec. (t).
1974 - Subsec. (l)(2). Pub. L. 93-505 substituted provisions
relating to issuance, notwithstanding par. (1) of this subsection,
to an individual to whom a radio station is licensed under this
chapter of an operator's license to operate that station, for
provisions relating to issuance by the Commission of
authorizations, under terms and conditions, for aliens licensed as
amateur radio operators by their governments to operate in the
United States, possessions, and Puerto Rico upon meeting specified
preconditions.
Subsec. (l)(3). Pub. L. 93-505 substituted provisions relating to
issuance of authorizations for aliens licensed by their governments
as amateur radio operators to operate their radio stations in the
United States, possessions, and Puerto Rico, under terms and
conditions prescribed by the Commission and upon meeting specified
preconditions, for provisions relating to issuance of licenses by
the Commission, notwithstanding par. (1) of this subsection, to
aliens admitted to the United States as permanent residents.
1971 - Subsec. (l)(3). Pub. L. 92-81 added par. (3).
1965 - Subsec. (q). Pub. L. 89-268 required abandoned or unused
radio towers to continue to meet the same painting and lighting
requirements that would be applicable if such towers were being
used in connection with transmission of radio energy pursuant to a
license issued by the Commission and authorized the Commission to
direct dismantlement of such towers when the Administrator of the
Federal Aviation Agency determines that there is a reasonable
possibility that they may constitute a menace to air navigation.
1964 - Subsec. (l). Pub. L. 88-487 inserted "or citizens of the
Trust Territory of the Pacific Islands presenting valid identity
certificates issued by the High Commissioner of such Territory".
Pub. L. 88-313 designated existing provisions of subsec. (l) as
par. (1), and added par. (2).
1962 - Subsec. (l). Pub. L. 87-445 inserted "or nationals" after
"citizens".
Subsec. (s). Pub. L. 87-529 added subsec. (s).
1958 - Subsec. (l). Pub. L. 85-817 authorized Commission to waive
citizenship requirement in issuing licenses for operation of radio
stations on aircraft.
1937 - Subsecs. (m), (n). Act May 20, 1937, Secs. 5, 6(a),
amended subsecs. (m) and (n) generally.
Subsec. (r). Act May 20, 1937, Sec. 6(b), added subsec. (r).
EFFECTIVE DATE OF 1996 AMENDMENT
Section 551(e) of Pub. L. 104-104 provided that:
"(1) Applicability of rating provision. - The amendment made by
subsection (b) of this section [amending this section] shall take
effect 1 year after the date of enactment of this Act [Feb. 8,
1996], but only if the Commission determines [see Codification note
above], in consultation with appropriate public interest groups and
interested individuals from the private sector, that distributors
of video programming have not, by such date -
"(A) established voluntary rules for rating video programming
that contains sexual, violent, or other indecent material about
which parents should be informed before it is displayed to
children, and such rules are acceptable to the Commission; and
"(B) agreed voluntarily to broadcast signals that contain
ratings of such programming.
"(2) Effective date of manufacturing provision. - In prescribing
regulations to implement the amendment made by subsection (c)
[amending this section], the Federal Communications Commission
shall, after consultation with the television manufacturing
industry, specify the effective date for the applicability of the
requirement to the apparatus covered by such amendment, which date
shall not be less than two years after the date of enactment of
this Act [Feb. 8, 1996]." [On Mar. 12, 1998, the Federal
Communications Commission adopted technical rules that require
certain television receivers to be equipped with features to block
display of programs with a common rating. This feature was to be
phased in, with half of subject television receivers to have it by
July 1, 1999, and all such models to have it by Jan. 1, 2000.]
EFFECTIVE DATE OF 1992 AMENDMENT
Section 210(c) of Pub. L. 102-538 provided that: "The amendments
made by subsection (a) [amending this section] shall take effect 30
days after the date of enactment of this Act [Oct. 27, 1992]."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 5 of Pub. L. 101-431 provided that: "Sections 3 and 4 of
this Act [amending this section and section 330 of this title]
shall take effect on July 1, 1993."
REGULATIONS
Section 6 of Pub. L. 101-431 provided that: "The Federal
Communications Commission shall promulgate rules to implement this
Act [amending this section and section 330 of this title and
enacting provisions set out as notes under this section and section
609 of this title] within 180 days after the date of its enactment
[Oct. 15, 1990]."
Pub. L. 100-459, title VI, Sec. 608, Oct. 1, 1988, 102 Stat.
2228, directed Federal Communications Commission to promulgate, by
Jan. 31, 1989, regulations in accordance with section 1464 of Title
18, Crimes and Criminal Procedure, to enforce the provisions of
such section on a 24 hour per day basis, prior to repeal by Pub. L.
102-356, Sec. 16(b), Aug. 26, 1992, 106 Stat. 954.
BROADCAST OWNERSHIP
Pub. L. 104-104, title II, Sec. 202, Feb. 8, 1996, 110 Stat. 110,
as amended by Pub. L. 108-199, div. B, title VI, Sec. 629, Jan. 23,
2004, 118 Stat. 99, provided that:
"(a) National Radio Station Ownership Rule Changes Required. -
The Commission shall modify section 73.3555 of its regulations (47
C.F.R. 73.3555) by eliminating any provisions limiting the number
of AM or FM broadcast stations which may be owned or controlled by
one entity nationally.
"(b) Local Radio Diversity. -
"(1) Applicable caps. - The Commission shall revise section
73.3555(a) of its regulations (47 C.F.R. 73.3555) to provide that
-
"(A) in a radio market with 45 or more commercial radio
stations, a party may own, operate, or control up to 8
commercial radio stations, not more than 5 of which are in the
same service (AM or FM);
"(B) in a radio market with between 30 and 44 (inclusive)
commercial radio stations, a party may own, operate, or control
up to 7 commercial radio stations, not more than 4 of which are
in the same service (AM or FM);
"(C) in a radio market with between 15 and 29 (inclusive)
commercial radio stations, a party may own, operate, or control
up to 6 commercial radio stations, not more than 4 of which are
in the same service (AM or FM); and
"(D) in a radio market with 14 or fewer commercial radio
stations, a party may own, operate, or control up to 5
commercial radio stations, not more than 3 of which are in the
same service (AM or FM), except that a party may not own,
operate, or control more than 50 percent of the stations in
such market.
"(2) Exception. - Notwithstanding any limitation authorized by
this subsection, the Commission may permit a person or entity to
own, operate, or control, or have a cognizable interest in, radio
broadcast stations if the Commission determines that such
ownership, operation, control, or interest will result in an
increase in the number of radio broadcast stations in operation.
"(c) Television Ownership Limitations. -
"(1) National ownership limitations. - The Commission shall
modify its rules for multiple ownership set forth in section
73.3555 of its regulations (47 C.F.R. 73.3555) -
"(A) by eliminating the restrictions on the number of
television stations that a person or entity may directly or
indirectly own, operate, or control, or have a cognizable
interest in, nationwide; and
"(B) by increasing the national audience reach limitation for
television stations to 39 percent.
"(2) Local ownership limitations. - The Commission shall
conduct a rulemaking proceeding to determine whether to retain,
modify, or eliminate its limitations on the number of television
stations that a person or entity may own, operate, or control, or
have a cognizable interest in, within the same television market.
"(3) Divestiture. - A person or entity that exceeds the 39
percent national audience reach limitation for television
stations in paragraph (1)(B) through grant, transfer, or
assignment of an additional license for a commercial television
broadcast station shall have not more than 2 years after
exceeding such limitation to come into compliance with such
limitation. This divestiture requirement shall not apply to
persons or entities that exceed the 39 percent national audience
reach limitation through population growth.
"(4) Forbearance. - Section 10 of the Communications Act of
1934 (47 U.S.C. 160) shall not apply to any person or entity that
exceeds the 39 percent national audience reach limitation for
television stations in paragraph (1)(B);[.]
"(d) Relaxation of One-To-A-Market. - With respect to its
enforcement of its one-to-a-market ownership rules under section
73.3555 of its regulations, the Commission shall extend its waiver
policy to any of the top 50 markets, consistent with the public
interest, convenience, and necessity.
"(e) Dual Network Changes. - The Commission shall revise section
73.658(g) of its regulations (47 C.F.R. 658(g)) to permit a
television broadcast station to affiliate with a person or entity
that maintains 2 or more networks of television broadcast stations
unless such dual or multiple networks are composed of -
"(1) two or more persons or entities that, on the date of
enactment of the Telecommunications Act of 1996 [Feb. 8, 1996],
are 'networks' as defined in section 73.3613(a)(1) of the
Commission's regulations (47 C.F.R. 73.3613(a)(1)); or
"(2) any network described in paragraph (1) and an English
language program distribution service that, on such date,
provides 4 or more hours of programming per week on a national
basis pursuant to network affiliation arrangements with local
television broadcast stations in markets reaching more than 75
percent of television homes (as measured by a national ratings
service).
"(f) Cable Cross Ownership. -
"(1) Elimination of restrictions. - The Commission shall revise
section 76.501 of its regulations (47 C.F.R. 76.501) to permit a
person or entity to own or control a network of broadcast
stations and a cable system.
"(2) Safeguards against discrimination. - The Commission shall
revise such regulations if necessary to ensure carriage, channel
positioning, and nondiscriminatory treatment of nonaffiliated
broadcast stations by a cable system described in paragraph (1).
"(g) Local Marketing Agreements. - Nothing in this section shall
be construed to prohibit the origination, continuation, or renewal
of any television local marketing agreement that is in compliance
with the regulations of the Commission.
"(h) Further Commission Review. - The Commission shall review its
rules adopted pursuant to this section and all of its ownership
rules quadrennially as part of its regulatory reform review under
section 11 of the Communications Act of 1934 [47 U.S.C. 161] and
shall determine whether any of such rules are necessary in the
public interest as the result of competition. The Commission shall
repeal or modify any regulation it determines to be no longer in
the public interest. This subsection does not apply to any rules
relating to the 39 percent national audience reach limitation in
subsection (c)(1)(B).
"(i) Elimination of Statutory Restriction. - [Amended section
533(a) of this title.]"
RESTRICTIONS ON OVER-THE-AIR RECEPTION DEVICES
Section 207 of Pub. L. 104-104 provided that: "Within 180 days
after the date of enactment of this Act [Feb. 8, 1996], the
Commission shall, pursuant to section 303 of the Communications Act
of 1934 [47 U.S.C. 303], promulgate regulations to prohibit
restrictions that impair a viewer's ability to receive video
programming services through devices designed for over-the-air
reception of television broadcast signals, multichannel multipoint
distribution service, or direct broadcast satellite services."
PARENTAL CHOICE IN TELEVISION PROGRAMMING
Section 551(a) of Pub. L. 104-104 provided that: "The Congress
makes the following findings:
"(1) Television influences children's perception of the values
and behavior that are common and acceptable in society.
"(2) Television station operators, cable television system
operators, and video programmers should follow practices in
connection with video programming that take into consideration
that television broadcast and cable programming has established a
uniquely pervasive presence in the lives of American children.
"(3) The average American child is exposed to 25 hours of
television each week and some children are exposed to as much as
11 hours of television a day.
"(4) Studies have shown that children exposed to violent video
programming at a young age have a higher tendency for violent and
aggressive behavior later in life than children not so exposed,
and that children exposed to violent video programming are prone
to assume that acts of violence are acceptable behavior.
"(5) Children in the United States are, on average, exposed to
an estimated 8,000 murders and 100,000 acts of violence on
television by the time the child completes elementary school.
"(6) Studies indicate that children are affected by the
pervasiveness and casual treatment of sexual material on
television, eroding the ability of parents to develop responsible
attitudes and behavior in their children.
"(7) Parents express grave concern over violent and sexual
video programming and strongly support technology that would give
them greater control to block video programming in the home that
they consider harmful to their children.
"(8) There is a compelling governmental interest in empowering
parents to limit the negative influences of video programming
that is harmful to children.
"(9) Providing parents with timely information about the nature
of upcoming video programming and with the technological tools
that allow them easily to block violent, sexual, or other
programming that they believe harmful to their children is a
nonintrusive and narrowly tailored means of achieving that
compelling governmental interest."
ADVISORY COMMITTEE REQUIREMENTS
Section 551(b)(2) of Pub. L. 104-104 provided that: "In
establishing an advisory committee for purposes of the amendment
made by paragraph (1) of this subsection [amending this section],
the Commission shall -
"(A) ensure that such committee is composed of parents,
television broadcasters, television programming producers, cable
operators, appropriate public interest groups, and other
interested individuals from the private sector and is fairly
balanced in terms of political affiliation, the points of view
represented, and the functions to be performed by the committee;
"(B) provide to the committee such staff and resources as may
be necessary to permit it to perform its functions efficiently
and promptly; and
"(C) require the committee to submit a final report of its
recommendations within one year after the date of the appointment
of the initial members."
TECHNOLOGY FUND
Section 552 of Pub. L. 104-104 provided that: "It is the policy
of the United States to encourage broadcast television, cable,
satellite, syndication, other video programming distributors, and
relevant related industries (in consultation with appropriate
public interest groups and interested individuals from the private
sector) to -
"(1) establish a technology fund to encourage television and
electronics equipment manufacturers to facilitate the development
of technology which would empower parents to block programming
they deem inappropriate for their children and to encourage the
availability thereof to low income parents;
"(2) report to the viewing public on the status of the
development of affordable, easy to use blocking technology; and
"(3) establish and promote effective procedures, standards,
systems, advisories, or other mechanisms for ensuring that users
have easy and complete access to the information necessary to
effectively utilize blocking technology and to encourage the
availability thereof to low income parents."
AM RADIO IMPROVEMENT STANDARD
Section 214 of Pub. L. 102-538 provided that: "The Federal
Communications Commission shall -
"(1) within 60 days after the date of enactment of this Act
[Oct. 27, 1992], initiate a rulemaking to adopt a single AM radio
stereophonic transmitting equipment standard that specifies the
composition of the transmitted stereophonic signal; and
"(2) within one year after such date of enactment, adopt such
standard."
BROADCASTING OF INDECENT PROGRAMMING; FCC REGULATIONS
Pub. L. 102-356, Sec. 16(a), Aug. 26, 1992, 106 Stat. 954,
provided that: "The Federal Communications Commission shall
promulgate regulations to prohibit the broadcasting of indecent
programming -
"(1) between 6 a.m. and 10 p.m. on any day by any public radio
station or public television station that goes off the air at or
before 12 midnight; and
"(2) between 6 a.m. and 12 midnight on any day for any radio or
television broadcasting station not described in paragraph (1).
The regulations required under this subsection shall be promulgated
in accordance with section 553 of title 5, United States Code, and
shall become final not later than 180 days after the date of
enactment of this Act [Aug. 26, 1992]."
CONGRESSIONAL FINDINGS REGARDING ACCESS BY HEARING-IMPAIRED PEOPLE
TO TELEVISION MEDIUM
Section 2 of Pub. L. 101-431 provided that: "The Congress finds
that -
"(1) to the fullest extent made possible by technology, deaf
and hearing-impaired people should have equal access to the
television medium;
"(2) closed-captioned television transmissions have made it
possible for thousands of deaf and hearing-impaired people to
gain access to the television medium, thus significantly
improving the quality of their lives;
"(3) closed-captioned television will provide access to
information, entertainment, and a greater understanding of our
Nation and the world to over 24,000,000 people in the United
States who are deaf or hearing-impaired;
"(4) closed-captioned television will provide benefits for the
nearly 38 percent of older Americans who have some loss of
hearing;
"(5) closed-captioned television can assist both hearing and
hearing-impaired children with reading and other learning skills,
and improve literacy skills among adults;
"(6) closed-captioned television can assist those among our
Nation's large immigrant population who are learning English as a
second language with language comprehension;
"(7) currently, a consumer must buy a TeleCaption decoder and
connect the decoder to a television set in order to display the
closed-captioned television transmissions;
"(8) technology is now available to enable that closed-caption
decoding capability to be built into new television sets during
manufacture at a nominal cost by 1991; and
"(9) the availability of decoder-equipped television sets will
significantly increase the audience that can be served by closed-
captioned television, and such increased market will be an
incentive to the television medium to provide more captioned
programming."
DIRECTION ON USE OF FUNDS REGARDING SPECTRUM ALLOCATION AND
ASSIGNMENTS FOR PUBLIC SAFETY PURPOSES
Pub. L. 98-214, Sec. 9, Dec. 8, 1983, 97 Stat. 1470, provided
that:
"(a) Funds authorized to be appropriated under section 2 of this
Act [amending section 156 of this title] shall be used by the
Federal Communications Commission to establish a plan which
adequately ensures that the needs of State and local public safety
authorities would be taken into account in making allocations of
the electromagnetic spectrum. In establishing such a plan the
Commission shall (1) review the current and future needs of such
public safety authorities in light of suitable and commercially
available equipment and (2) consider the need for a nationwide
contiguous frequency allocation for public safety purposes.
"(b) Pending adoption of a plan, the Commission, while making
assignments and allocations, shall duly recognize the needs of
State and local public safety authorities."