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47 U.S.C. § 390 — Declaration of purpose
Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications facilities in order to achieve the following objectives: (1) extend delivery of public telecommunications services to as many citizens of the United States as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) increase public telecommunications services and facilities available to, operated by, and owned by minorities and women; and (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 390
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Source file: Laws/federal/codes/united-states-code/title-47/section-390-declaration-of-purpose--23123c1f22.md
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Source location: Title 47, Chapter 5, § 390; chapter-005-wire-or-radio-communication.md
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The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications facilities in order to achieve the following objectives: (1) extend delivery of public telecommunications services to as many citizens of the United States as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) increase public telecommunications services and facilities available to, operated by, and owned by minorities and women; and (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public.
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Federal law — U.S. Code and appendices · legal_authorities
Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5316
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization for grants and contracts** It is the purpose of this subpart to promote the development of nonbroadcast telecommunications facilities and services for the transmission, distribution, and delivery of health, education, and public or social service information. The Secretary is authorized, upon receipt of an application in such form and containing such information as he may by regulation require, to make grants to, and enter into contracts with, public and private nonprofit agencies, organizations, and institutions for the purpose of carrying out telecommunications demonstrations.
**(b) Application approval** The Secretary may approve an application submitted under subsection (a) if he determines that—
(1) the project for which application is made will demonstrate innovative methods or techniques of utilizing nonbroadcast telecommunications equipment or facilities to satisfy the purpose of this subpart;
(2) demonstrations and related activities assisted under this subpart will remain under the administration and control of the applicant;
(3) the applicant has the managerial and technical capability to carry out the project for which the application is made; and
(4) the facilities and equipment acquired or developed pursuant to the application will be used substantially for the transmission, distribution, and delivery of health, education, or public or social service information.
**(c) Contract with applicant** Upon approving any application under this subpart with respect to any project, the Secretary shall make a grant to or enter into a contract with the applicant in an amount determined by the Secretary not to exceed the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sums available therefor, in adva
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 395
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The exclusive rights provided by section 106 shall, with respect to the works specified by subsection (b) and the activities specified by subsection (d),11 See References in Text note below. be subject to the conditions and limitations prescribed by this section.
**(b)** Notwithstanding any provision of the antitrust laws, any owners of copyright in published nondramatic musical works and published pictorial, graphic, and sculptural works and any public broadcasting entities, respectively, may negotiate and agree upon the terms and rates of royalty payments and the proportionate division of fees paid among various copyright owners, and may designate common agents to negotiate, agree to, pay, or receive payments.
(1) Any owner of copyright in a work specified in this subsection or any public broadcasting entity may submit to the Copyright Royalty Judges proposed licenses covering such activities with respect to such works.
(2) License agreements voluntarily negotiated at any time between one or more copyright owners and one or more public broadcasting entities shall be given effect in lieu of any determination by the Librarian of Congress or the Copyright Royalty Judges, if copies of such agreements are filed with the Copyright Royalty Judges within 30 days of execution in accordance with regulations that the Copyright Royalty Judges shall issue.
(3) Voluntary negotiation proceedings initiated pursuant to a petition filed under section 804(a) for the purpose of determining a schedule of terms and rates of royalty payments by public broadcasting entities to owners of copyright in works specified by this subsection and the proportionate division of fees paid among various copyright owners shall cover the 5-year period beginning on January 1 of the second year f
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 118
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—**
(1) **Federal grant programs.—** — In this section, the term “federal grant programs”—
(A) means any federal grant program that provides assistance for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including a federal grant program authorized by—
(i) the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.);
(ii) chapter 2003 of title 54;
(iii) the Watershed Protection and Flood Prevention Act ([16 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1001&num=0&edition=prelim) et seq.);
(iv) the Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2301&num=0&edition=prelim) et seq.);
(v) the Federal Water Pollution Control Act ([33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.) (known as the Clean Water Act);
(vi) title VI of the Public Health Services Act ([42 U.S.C. 291](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291&num=0&edition=prelim) et seq.);
(vii) sections 201 and 209 of the Public Works and Economic Development Act of 1965 ([42 U.S.C. 3141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3141&num=0&edition=prelim), 3149);
(viii) title I of the Housing and Community Development Act of 1974 ([42 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5301&num=0&edit
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 14507
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated $42,000,000 for each of the fiscal years 1992, 1993, and 1994, to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities as provided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the Secretary pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the Secretary to cover the cost of administering the provisions of this subpart.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 391
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applications for grants** For each project for the construction of public telecommunications facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may require, including the total cost of such project, the amount of the grant requested for such project, and a 5-year plan outlining the applicant’s projected facilities requirements and the projected costs of such facilities requirements. Each applicant shall also provide assurances satisfactory to the Secretary that—
(1) the applicant is (A) a public broadcast station; (B) a noncommercial telecommunications entity; (C) a system of public telecommunications entities; (D) a nonprofit foundation, corporation, institution, or association organized primarily for educational or cultural purposes; or (E) a State or local government (or any agency thereof), or a political or special purpose subdivision of a State;
(2) the operation of such public telecommunications facilities will be under the control of the applicant;
(3) necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed;
(4) such public telecommunications facilities will be used primarily for the provision of public telecommunications services, and that the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services will not interfere with the provision of such public telecommunications services as required in this part;
(5) the applicant has participated in comprehensive planning for such public telecommunications facilities in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 392
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 19, 1934, ch. 652, title III, § 392A, as added June 5, 1976, Pub. L. 94–309, § 8, 90 Stat. 685, related to demonstrations of telecommunications, grants and contracts.
#### 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section390&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 392a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Construction and planning grants** The Secretary, in consultation with the Corporation, 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 interested 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 subsection (a) and designed to achieve—
(1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications services;
(2) the expansion of the service areas of existing public telecommunications entities;
(3) the development of public telecommunications facilities owned by, operated by, and available to minorities and women; and
(4) the improvement of the capabilities of existing public broadcast stations to provide public telecommunications services, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals.
**(c) Noncommercial radio broadcast station facilities** Of the sums appropriated pursuant to [section 391 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section391&num=0&edition=prelim) for any fiscal year, a substantial amount shall be available for the expansion and development of noncommercial radio broadcast station facilities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 393
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 393a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration of policy** The Congress hereby finds and declares that—
(1) it is in the public interest to encourage the growth and development of public radio and television broadcasting, including the use of such media for instructional, educational, and cultural purposes;
(2) it is in the public interest to encourage the growth and development of nonbroadcast telecommunications technologies for the delivery of public telecommunications services;
(3) expansion and development of public telecommunications and of diversity of its programming depend on freedom, imagination, and initiative on both local and national levels;
(4) the encouragement and support of public telecommunications, while matters of importance for private and local development, are also of appropriate and important concern to the Federal Government;
(5) it furthers the general welfare to encourage public telecommunications services which will be responsive to the interests of people both in particular localities and throughout the United States, which will constitute an expression of diversity and excellence, and which will constitute a source of alternative telecommunications services for all the citizens of the Nation;
(6) it is in the public interest to encourage the development of programming that involves creative risks and that addresses the needs of unserved and underserved audiences, particularly children and minorities;
(7) it is necessary and appropriate for the Federal Government to complement, assist, and support a national policy that will most effectively make public telecommunications services available to all citizens of the United States;
(8) public television and radio stations and public telecommunications services constitute valuable local community resour
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 396
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