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47 U.S.C. § 1205 — Funding

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1205 — Funding

**(a) In general** In addition to any amounts provided by appropriation Acts, funding for this chapter shall be provided from the Digital Transition and Public Safety Fund in accordance with section 3010 of the Digital Television Transition and Public Safety Act of 2005 ([47 U.S.C. 309](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309&num=0&edition=prelim) note). **(b) Compensation** The Assistant Secretary of Commerce for Communications and Information shall compensate any such broadcast station licensee or permittee for reasonable costs incurred in complying with the requirements imposed pursuant to [section 1201(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1201/c&num=0&edition=prelim) from funds made available under this section. The Assistant Secretary shall ensure that sufficient funds are made available to effectuate geographically targeted alerts. **(c) Credit** The Assistant Secretary of Commerce for Communications and Information, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Commerce for Oceans and Atmosphere, may borrow from the Treasury beginning on October 1, 2006, such sums as may be necessary, but not to exceed $106,000,000, to implement this chapter. The Assistant Secretary of Commerce for Communications and Information shall ensure that the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Commerce for Oceans and Atmosphere are provided adequate funds to carry out their responsibilities under sections 1203 and 1204 of this title. The Treasury shall be reimbursed, without interest, from amounts in the Digital Television Transition and Public Safety Fund as funds ar

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Source location: Title 47, Chapter 11, § 1205; chapter-011-commercial-mobile-service-alerts.md

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 309 — Application for license

**(a) Considerations in granting application** Subject to the provisions of this section, the Commission shall determine, in the case of each application filed with it to which [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim) applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Commission, upon examination of such application and upon consideration of such other matters as the Commission may officially notice, shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application. **(b) Time of granting application** Except as provided in subsection (c) of this section, no such application— (1) for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or (2) for an instrument of authorization in the case of a station in any of the following categories: (A) industrial radio positioning stations for which frequencies are assigned on an exclusive basis, (B) aeronautical en route stations, (C) aeronautical advisory stations, (D) airdrome control stations, (E) aeronautical fixed stations, and (F) such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe, shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof. **(c) Applications not affected by subsection (b)** Subsection (b) of this section shall not apply— (1) to any minor amendment of an application to which such

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1201 — Federal Communications Commission duties

**(a) Commercial mobile service alert regulations** Within 180 days after the date on which the Commercial Mobile Service Alert Advisory Committee, established pursuant to [section 1202(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1202/a&num=0&edition=prelim), transmits recommendations to the Federal Communications Commission, the Commission shall complete a proceeding to adopt relevant technical standards, protocols, procedures, and other technical requirements based on the recommendations of such Advisory Committee necessary to enable commercial mobile service alerting capability for commercial mobile service providers that voluntarily elect to transmit emergency alerts. The Commission shall consult with the National Institute of Standards and Technology regarding the adoption of technical standards under this subsection. **(b) Commercial mobile service election** (1) **Amendment of commercial mobile service license** — Within 120 days after the date on which the Federal Communications Commission adopts relevant technical standards and other technical requirements pursuant to subsection (a), the Commission shall complete a proceeding— (A) to allow any licensee providing commercial mobile service (as defined in [section 332(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section332/d/1&num=0&edition=prelim)) to transmit emergency alerts to subscribers to, or users of, the commercial mobile service provided by such licensee; (B) to require any licensee providing commercial mobile service that elects, in whole or in part, under paragraph (2) not to transmit emergency alerts to provide clear and conspicuous notice at the point of sale of any devices with which its commercial

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1205 — Funding

Page 413 TITLE 47—TELECOMMUNICATIONS § 1205 (6) for a process under which commercial mobile service providers can elect to transmit emergency alerts if— (A) not all of the devices or equipment used by such provider are capable of receiv- ing such alerts; or (B) the provider cannot offer such alerts throughout the entirety of its service area; and (7) as otherwise necessary to enable electing commercial mobile service providers to trans- mit emergency alerts to subscribers. (d) Meetings (1) Initial meeting The initial meeting of the Advisory Com- mittee shall take place not later than 60 days after October 13, 2006. (2) Other meetings After the initial meeting, the Advisory Com- mittee shall meet at the call of the chair. (3) Notice; open meetings Any meetings held by the Advisory Com- mittee shall be duly noticed at least 14 days in advance and shall be open to the public. (e) Rules (1) Quorum One-third of the members of the Advisory Committee shall constitute a quorum for con- ducting business of the Advisory Committee. (2) Subcommittees To assist the Advisory Committee in car- rying out its functions, the chair may estab- lish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as deemed necessary. (3) Additional rules The Advisory Committee may adopt other rules as needed. (f) Chapter 10 of title 5 Neither chapter 10 of title 5 nor any rule, order, or regulation promulgated under that chapter shall apply to the Advisory Committee. (g) Consultation with NIST The Advisory Committee shall consult with the National Institute of Standards and Tech- nology in its work on developing recommenda- tions under paragraphs (2) and (3) of subsection (c). (Pub. L. 109–347, title VI, § 603, Oct.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 309 — Application for license

Page 145 TITLE 47—TELECOMMUNICATIONS § 309 by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the na- tional defense or security or otherwise in fur- therance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be fea- sible to secure renewal applications from exist- ing licensees or otherwise to follow normal li- censing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or dur- ing the continuance of any such national emer- gency or war, in such manner and upon such terms and conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in effect beyond the pe- riod of the emergency or war requiring it: Pro- vided further, That the Commission may issue by cable, telegraph, or radio a permit for the oper- ation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the conti- nental United States. (b) Conditions All applications for station licenses, or modi- fications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and fi- nancial, technical, and other qualifications of the applicant to operate the station; the owner- ship and location of the proposed station and of the stations, if any, with which it is proposed to communicate; the frequencies and the power de- sired to be used; the hours of the day or other periods of time during which it is

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