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47 U.S.C. § 394 — Establishment of National Endowment

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

47 U.S.C. § 394 — Establishment of National Endowment

**(a) Purpose** It is the purpose of this section to enhance the education of children through the creation and production of television programming specifically directed toward the development of fundamental intellectual skills. **(b) Establishment; contracts and grants** (1) There is established, under the direction of the Secretary, a National Endowment for Children’s Educational Television. In administering the National Endowment, the Secretary is authorized to— (A) contract with the Corporation for the production of educational television programming for children; and (B) make grants directly to persons proposing to create and produce educational television programming for children. The Secretary shall consult with the Advisory Council on Children’s Educational Television in the making of the grants or the awarding of contracts for the purpose of making the grants. (2) Contracts and grants under this section shall be made on the condition that the programming shall— (A) during the first two years after its production, be made available only to public television licensees and permittees and noncommercial television licensees and permittees; and (B) thereafter be made available to any commercial television licensee or permittee or cable television system operator, at a charge established by the Secretary that will assure the maximum practicable distribution of such programming, so long as such licensee, permittee, or operator does not interrupt the programming with commercial advertisements. The Secretary may, consistent with the purpose and provisions of this section, permit the programming to be distributed to persons using other media, establish conditions relating to such distribution, and apply those conditions to any contract or grant made un

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Source file: Laws/federal/codes/united-states-code/title-47/section-394-establishment-of-national-endowment--591a3bf40a.md
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Source location: Title 47, Chapter 5, § 394; chapter-005-wire-or-radio-communication.md

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**(a) Purpose** It is the purpose of this section to enhance the education of children through the creation and production of television programming specifically directed toward the development of fundamental intellectual skills. **(b) Establishment; contracts and grants** (1) There is established, under the direction of the Secretary, a National Endowment for Children’s Educational Television. In administering the National Endowment, the Secretary is authorized to— (A) contract with the Corporation for the production of educational television programming for children; and (B) make grants directly to persons proposing to create and produce educational television programming for children. The Secretary shall consult with the Advisory Council on Children’s Educational Television in the making of the grants or the awarding of contracts for the purpose of making the grants. (2) Contracts and grants under this section shall be made on the condition that the programming shall— (A) during the first two years after its production, be made available only to public television licensees and permittees and noncommercial television licensees and permittees; and (B) thereafter be made available to any commercial television licensee or permittee or cable television system operator, at a charge established by the Secretary that will assure the maximum practicable distribution of such programming, so long as such licensee, permittee, or operator does not interrupt the programming with commercial advertisements. The Secretary may, consistent with the purpose and provisions of this section, permit the programming to be distributed to persons using other media, establish conditions relating to such distribution, and apply those conditions to any contract or grant made under this section. The Secretary may waive the requirements of subparagraph (A) if the Secretary finds that neither public television licensees and permittees nor noncommercial television licensees and permittees will have an opportunity to air such programming in the first two years after its production. **(c) Criteria for contracts and grants; applications for contracts and grants** (1) The Secretary, with the advice of the Advisory Council on Children’s Educational Television, shall establish criteria for making contracts and grants under this section. Such criteria shall be consistent with the purpose and provisions of this section and shall be made available to interested parties upon request. Such criteria shall include— (A) criteria to maximize the amount of programming that is produced with the funds made available by the Endowment; (B) criteria to minimize the costs of— (i) selection of grantees, (ii) administering the contracts and grants, and (iii) the administrative costs of the programming production; and (C) criteria to otherwise maximize the proportion of funds made available by the Endowment that are expended for the cost of programming production. (2) Applications for grants under this section shall be submitted to the Secretary in such form and containing such information as the Secretary shall require by regulation. **(d) Amount of grants** Upon approving any application for a grant under subsection (b)(1)(B), 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 the project for which the grant is made. **(e) Advisory Council on Children’s Educational Television** (1) The Secretary shall establish an Advisory Council on Children’s Educational Television. The Secretary shall appoint ten individuals as members of the Council and designate one of such members to serve as Chairman. (2) Members of the Council shall have terms of two years, and no member shall serve for more than three consecutive terms. The members shall have expertise in the fields of education, psychology, child development, or television programming, or related disciplines. Officers and employees of the United States shall not be appointed as members. (3) While away from their homes or regular places of business in the performance of duties for the Council, the members of the Council shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim). (4) The Council shall meet at the call of the Chairman and shall advise the Secretary concerning the making of contracts and grants under this section. **(f) Recordkeeping relating to grants; audits** (1) Each recipient of a grant under this section shall keep such records as may be reasonably necessary to enable the Secretary to carry out the Secretary’s functions under this section, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such grant, the total cost of the project, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. (2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purposes of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to a grant received under this section. **(g) Issuance of rules and regulations** The Secretary is authorized to make such rules and regulations as may be necessary to carry out this section, including those relating to the order of priority in approving applications for projects under this section or to determining the amounts of contracts and grants for such projects. **(h) Authorization of appropriations; availability** There are authorized to be appropriated $2,000,000 for fiscal year 1991, $4,000,000 for fiscal year 1992, $5,000,000 for fiscal year 1993, and $6,000,000 for fiscal year 1994 to be used by the Secretary to carry out the provisions of this section. Sums appropriated under this subsection for any fiscal year shall remain available for contracts and grants for projects for which applications approved under this section have been submitted wtihin 11 So in original. Probably should be “within”. one year after the last day of such fiscal year. **(i) Definitions** For purposes of this section— (1) the term “educational television programming for children” means any television program which is directed to an audience of children who are 16 years of age or younger and which is designed for the intellectual development of those children, except that such term does not include any television program which is directed to a general audience but which might also be viewed by a significant number of children; and (2) the term “person” means an individual, partnership, association, joint stock company, trust, corporation, or State or local governmental entity.

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

47 U.S.C. § 393a — Long-range planning for facilities

**(a)** The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with other parties, shall develop a long-range plan to accomplish the objectives set forth in [section 390 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section390&num=0&edition=prelim). Such plan shall include a detailed 5-year projection of the broadcast and nonbroadcast public telecommunications facilities required to meet such objectives, and the expenditures necessary to provide such facilities. **(b)** Repealed. Pub. L. 104–66, title I, § 1021(a), Dec. 21, 1995, 109 Stat. 712.

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

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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

47 U.S.C. § 397 — Definitions

For the purposes of this part— (1) The term “construction” (as applied to public telecommunications facilities) means acquisition (including acquisition by lease), installation, and modernization of public telecommunications facilities and planning and preparatory steps incidental to any such acquisition, installation, or modernization. (2) The term “Corporation” means the Corporation for Public Broadcasting authorized to be established in subpart D. (3) The term “interconnection” means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to public telecommunications entities. (4) The term “interconnection system” means any system of interconnection facilities used for the distribution of programs to public telecommunications entities. (5) The term “meeting” means the deliberations of at least the number of members of a governing or advisory body, or any committee thereof, required to take action on behalf of such body or committee where such deliberations determine or result in the joint conduct or disposition of the governing or advisory body’s business, or the committee’s business, as the case may be, but only to the extent that such deliberations relate to public broadcasting. (6) The terms “noncommercial educational broadcast station” and “public broadcast station” mean a television or radio broadcast station which— (A) under the rules and regulations of the Commission in effect on November 2, 1978, is eligible to be licensed by the Commission as a noncommercial educational radio or television broadcast station and which is owned and operated by a public agency or nonprofit private foundation, corporation, or as

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

47 U.S.C. § 609 — Short title

This chapter may be cited as the “Communications Act of 1934.”

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

47 U.S.C. § 901 — Definitions; findings; policy

**(a) Definitions** In this chapter, the following definitions apply: (1) The term “NTIA” means the National Telecommunications and Information Administration. (2) The term “Assistant Secretary” means the Assistant Secretary for Communications and Information. (3) The term “Secretary” means the Secretary of Commerce. (4) The term “Commission” means the Federal Communications Commission. (5) The term “Corporation” means the Communications Satellite Corporation authorized in title III of the Communications Satellite Act of 1962 ([47 U.S.C. 731](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section731&num=0&edition=prelim) et seq.). **(b) Findings** The Congress finds the following: (1) Telecommunications and information are vital to the public welfare, national security, and competitiveness of the United States. (2) Rapid technological advances being made in the telecommunications and information fields make it imperative that the United States maintain effective national and international policies and programs capable of taking advantage of continued advancements. (3) Telecommunications and information policies and recommendations advancing the strategic interests and the international competitiveness of the United States are essential aspects of the Nation’s involvement in international commerce. (4) There is a critical need for competent and effective telecommunications and information research and analysis and national and international policy development, advice, and advocacy by the executive branch of the Federal Government. (5) As one of the largest users of the Nation’s telecommunications facilities and resources, the Federal Government must manage its radio spectrum use and other internal communications operations in the most eff

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

47 U.S.C. § 902 — Establishment; assigned functions

**(a) Establishment** (1) **Administration** — There shall be within the Department of Commerce an administration to be known as the National Telecommunications and Information Administration. (2) **Head of administration** — The head of the NTIA shall be an Assistant Secretary of Commerce for Communications and Information, who shall be appointed by the President, by and with the advice and consent of the Senate. **(b) Assigned functions** (1) **In general** — Subject to [section 904(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section904/d&num=0&edition=prelim), the Secretary shall assign to the Assistant Secretary and the NTIA responsibility for the performance of the Secretary’s communications and information functions. (2) **Communications and information functions** — Subject to [section 904(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section904/d&num=0&edition=prelim), the functions to be assigned by the Secretary under paragraph (1) include (but are not limited to) the following functions transferred to the Secretary by Reorganization Plan Number 1 of 1977 and Executive Order 12046: (A) The authority delegated by the President to the Secretary to assign frequencies to radio stations or classes of radio stations belonging to and operated by the United States, including the authority to amend, modify, or revoke such assignments, but not including the authority to make final disposition of appeals from frequency assignments. (B) The authority to authorize a foreign government to construct and operate a radio station at the seat of Government of the United States, but only upon recommendation of the Secretary of State and after consultation with the Attorney General and t

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

47 U.S.C. § 394 — Establishment of National Endowment

Page 232 TITLE 47—TELECOMMUNICATIONS § 392a § 392a. Repealed. Pub. L. 95–567, title II, § 201, Nov. 2, 1978, 92 Stat. 2409 Section, act June 19, 1934, ch. 652, title III, § 392A, as added June 5, 1976, Pub. L. 94–309, § 8, 90 Stat. 685, re- lated to demonstrations of telecommunications, grants and contracts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as an Effective Date of 1978 Amendment note under section 390 of this title. § 393. Criteria for approval and expenditures by Secretary (a) Construction and planning grants The Secretary, in consultation with the Cor- poration, public telecommunications entities, and as appropriate with others, shall establish criteria for making construction and planning grants. Such criteria shall be consistent with the objectives and provisions set forth in this subpart, and shall be made available to inter- ested parties upon request. (b) Basis for determination The Secretary shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to sub- section (a) and designed to achieve— (1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications serv- ices; (2) the expansion of the service areas of ex- isting public telecommunications entities; (3) the development of public telecommuni- cations facilities owned by, operated by, and available to minorities and women; and (4) the improvement of the capabilities of ex- isting public broadcast stations to provide public telecommunications services, including services to underserved audiences such as deaf and h

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