47 U.S.C. § 390 — Declaration of purpose

Page 228 TITLE 47—TELECOMMUNICATIONS § 386 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. § 386. Forfeitures The following forfeitures shall apply to this part in addition to penalties and forfeitures pro- vided by subchapter V of this chapter: (a) Any vessel of the United States that is navigated in violation of the provisions of this part or of the rules and regulations of the Com- mission made in pursuance thereof shall forfeit to the United States the sum of $5,000 recover- able by way of suit or libel. Each day during which such navigation occurs shall constitute a separate offense. (b) Every willful failure on the part of the master of a vessel of the United States to en- force or to comply with the provisions of this part or the rules and regulations of the Commis- sion made in pursuance thereof shall cause him to forfeit to the United States the sum of $1,000. (June 19, 1934, ch. 652, title III, § 386, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 101–239, title III, § 3002(h), Dec. 19, 1989, 103 Stat. 2131; Pub. L. 103–414, title III, § 303(a)(20)(F), Oct. 25, 1994, 108 Stat. 4295.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–414 inserted section catchline. 1989—Subsec. (a). Pub. L. 101–239, § 3002(h)(1), sub- stituted ‘‘$5,000’’ for ‘‘$500’’. Subsec. (b). Pub. L. 101–239, § 3002(h)(2), substituted ‘‘$1,000’’ for ‘‘$100’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. PART IV—ASSISTANCE FOR PLANNING AND CON- STRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRA- TIONS; CORPORATION FOR PUBLIC BROAD- CASTING; GENERAL PROVISIONS SUBPART A—ASSISTANCE FOR PLANNING AND CON- STRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES § 390. Declaration of purpose The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications fa- cilities in order to achieve the following objec- tives: (1) extend delivery of public telecommuni- cations 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) in- crease 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. (June 19, 1934, ch. 652, title III, § 390, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 64; amended Pub. L. 90–129, title I, § 103(a), title II, § 201(2), Nov. 7, 1967, 81 Stat. 365, 367; Pub. L. 94–309, § 2(c), June 5, 1976, 90 Stat. 683; Pub. L. 95–567, title I, § 101, Nov. 2, 1978, 92 Stat. 2405.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–567 expanded scope of section to au- thorize construction financing for telecommunications facilities other than television and radio broadcasting, and assistance in the planning, as well as the construc- tion, of such facilities, and substituted provisions relat- ing to the objectives of this subpart for former provi- sion relating to the demonstration of the use of tele- communication technologies for the distribution of in- formation. 1976—Pub. L. 94–309 designated existing phrase relat- ing to assistance in the construction of noncommercial educational broadcasting facilities as cl. (1) and added cl. (2). 1967—Pub. L. 90–129 inserted ‘‘noncommercial’’ and ‘‘or radio’’ and substituted ‘‘subpart’’ for ‘‘part’’, re- spectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–567, title IV, § 403, Nov. 2, 1978, 92 Stat. 2424, provided that: ‘‘The provisions of this Act [enacting section 395 of this title, amending this section and sec- tions 391, 392, 393, 394, and 396 to 398 of this title, repeal- ing sections 392a and 395 of this title, and enacting pro- visions set out as notes under this section, sections 392 and 396 of this title, and section 5316 of Title 5, Govern- ment Organization and Employees], and the amend- ments made by this Act, shall take effect on the date of the enactment of this Act [Nov. 2, 1978].’’ GRANTS Pub. L. 100–584, § 3, Nov. 3, 1988, 102 Stat. 2970, pro- vided that the Administrator would enter into discus- sions with the Federal Communications Commission for the purposes of determining the feasibility of awarding public telecommunications facilities program grants for low-power television stations and television translator stations on a conditional basis pending the award by the Commission of licenses for such stations, and would work with the Commission to establish a schedule for the expedited and coordinated consider- ation of future grant requests and license applications for low-power television stations, and within 90 days after Nov. 3, 1988, report to Congress on the progress made in carrying out this section. STUDY OF EDUCATIONAL AND INSTRUCTIONAL BROADCASTING Pub. L. 90–129, title III, §§ 301–303, Nov. 7, 1967, 81 Stat. 373, authorized the Secretary of Health, Education, and Welfare to conduct, directly or by contract, and in con- sultation with other interested Federal agencies, a comprehensive study of instructional television and radio (including broadcast, closed circuit, community antenna television, and instructional television fixed services and two-way communication of data links and computers) and their relationship to each other and to instructional materials such as videotapes, films, discs, computers, and other educational materials or devices, and such other aspects thereof as may be of assistance in determining whether and what Federal aid should be provided for instructional radio and television and the form that aid should take, and which may aid commu- nities, institutions, or agencies in determining whether and to what extent such activities should be used. The study was required to be submitted to the President for transmittal to the Congress on or before June 30, 1969. Page 229 TITLE 47—TELECOMMUNICATIONS § 392 § 391. Authorization of appropriations 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 Com- merce to assist in the planning and construction of public telecommunications facilities as pro- vided 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. (June 19, 1934, ch. 652, title III, § 391, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 65; amended Pub. L. 90–129, title I, § 101, Nov. 7, 1967, 81 Stat. 365; Pub. L. 91–97, § 2, Oct. 27, 1969, 83 Stat. 146; Pub. L. 92–411, § 2, Aug. 29, 1972, 86 Stat. 643; Pub. L. 93–84, § 1(c), Aug. 6, 1973, 87 Stat. 219; Pub. L. 94–309, § 3, June 5, 1976, 90 Stat. 683; Pub. L. 95–567, title I, § 102, Nov. 2, 1978, 92 Stat. 2405; Pub. L. 97–35, title XII, § 1222, Aug. 13, 1981, 95 Stat. 725; Pub. L. 99–272, title V, § 5001(a), Apr. 7, 1986, 100 Stat. 117; Pub. L. 100–626, § 2, Nov. 7, 1988, 102 Stat. 3207; Pub. L. 102–356, § 2, Aug. 26, 1992, 106 Stat. 949.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–356 substituted provisions author- izing appropriations of $42,000,000 for each of the fiscal years 1992, 1993, and 1994 for provisions authorizing ap- propriations of $40,000,000 for each of the fiscal years 1979, 1980, and 1981, $20,000,000 for fiscal year 1982, $15,000,000 for fiscal year 1983, $12,000,000 for fiscal year 1984, $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year 1987, $32,000,000 for fiscal year 1988, $36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990, and $42,000,000 for fiscal year 1991. 1988—Pub. L. 100–626 struck out ‘‘and’’ after ‘‘fiscal year 1987,’’ and inserted ‘‘$36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990, and $42,000,000 for fiscal year 1991,’’ after ‘‘fiscal year 1988,’’. 1986—Pub. L. 99–272 struck out ‘‘and’’ after ‘‘1983,’’ and inserted ‘‘, $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year 1987, and $32,000,000 for fiscal year 1988,’’ after ‘‘1984,’’. 1981—Pub. L. 97–35 inserted provisions authorizing ap- propriations for fiscal years 1982, 1983, and 1984 of $20,000,000, $15,000,000, and $12,000,000, respectively. 1978—Pub. L. 95–567 substituted provisions author- izing appropriations of $40,000,000 for fiscal years 1979 to 1981 for provisions authorizing appropriations of $7,500,000 for July 1, 1976 through September 30, 1976 and $30,000,000 for fiscal year ending September 30, 1977, pro- vision that such funds would remain available until ex- pended for provision that such funds would remain available for one year after the last day of the fiscal year, and also made allowance for the funds to be used for the cost of administering this section. 1976—Pub. L. 94–309 substituted provision authorizing appropriation of $7,500,000 for period July 1, 1976, through September 30, 1976, and $30,000,000 for fiscal year ending September 30, 1977, to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities as provided in this subpart and provision that sums ap- propriated under this section for any fiscal year or pe- riod shall remain available for payment of grants for projects for which applications approved under section 392 of this title have been submitted under such section within one year after the last day of such fiscal year or period for provision authorizing appropriation for fiscal year ending June 30, 1974 and for the succeeding fiscal year such sums not to exceed $25,000,000 for fiscal year ending June 30, 1974, and $30,000,000 for the succeeding fiscal year, as may be necessary to carry out the pur- poses of section 390 of this title and provision that sums appropriated under this section for any fiscal year shall remain available for payment of grants for projects for which applications approved under section 392 of this title have been submitted under such section prior to the end of the succeeding fiscal year, respec- tively. 1973—Pub. L. 93–84 substituted authorization of ap- propriation of amounts not exceeding $25,000,000 and $30,000,000 for fiscal year ending June 30, 1974 and the succeeding fiscal year, respectively, for authorization of appropriation of amount not exceeding $25,000,000 for fiscal year ending June 30, 1973. 1972—Pub. L. 92–411 substituted authorization of ap- propriation of $25,000,000 for fiscal year ending June 30, 1973, for authorization of $15,000,000 for such year, and struck out authorization of appropriations for fiscal years 1963 to 1972. 1969—Pub. L. 91–97 authorized appropriations of $15,000,000 for fiscal year ending June 30, 1971, and for each of the two succeeding fiscal years, and extended date for submission of applications from ‘‘prior to July 1, 1971’’ to ‘‘prior to July 1, 1974’’. 1967—Pub. L. 90–129 authorized appropriations of $10,500,000, and $12,500,000, and $15,000,000 for fiscal years ending June 30, 1968, 1969, and 1970, and extended date for submission of applications from ‘‘prior to July 1, 1968’’, to ‘‘prior to July 1, 1971’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–626, § 12, Nov. 7, 1988, 102 Stat. 3212, pro- vided that: ‘‘This Act and the amendments made by this Act [amending this section and sections 396, 398, 399, and 605 of this title and enacting provisions set out as notes under sections 396 and 609 of this title] are ef- fective on the date of enactment of this Act [Nov. 7, 1988], except that the amendments made by sections 6 and 7(d) [amending section 396 of this title] are effec- tive on October 1, 1989.’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–567 effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as a note under section 390 of this title. § 392. Grants for construction (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, in- cluding the total cost of such project, the amount of the grant requested for such project, and a 5-year plan outlining the applicant’s pro- jected facilities requirements and the projected costs of such facilities requirements. Each appli- cant shall also provide assurances satisfactory to the Secretary that— (1) the applicant is (A) a public broadcast station; (B) a noncommercial telecommuni- cations entity; (C) a system of public tele- communications entities; (D) a nonprofit foun- dation, corporation, institution, or association organized primarily for educational or cul- tural purposes; or (E) a State or local govern- ment (or any agency thereof), or a political or special purpose subdivision of a State;