15 U.S.C. § 1719a — Repealed. Pub. L. 104–66, title I, § 1071(c),

Page 1682 TITLE 15—COMMERCE AND TRADE § 1719a § 1719a. Repealed. Pub. L. 104–66, title I, § 1071(c), Dec. 21, 1995, 109 Stat. 720 Section, Pub. L. 90–448, title XIV, § 1421, as added Pub. L. 96–153, title IV, § 409, Dec. 21, 1979, 93 Stat. 1132, di- rected Secretary to submit to Congress biennial reports on administration of this chapter and its impact upon land development industry and purchasers and lessees of undeveloped land. § 1720. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this chapter. (Pub. L. 90–448, title XIV, § 1422, formerly § 1421, Aug. 1, 1968, 82 Stat. 599; renumbered § 1422, Pub. L. 96–153, title IV, § 409, Dec. 21, 1979, 93 Stat. 1132.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title. CHAPTER 43—NEWSPAPER PRESERVATION Sec. 1801. Congressional declaration of policy. 1802. Definitions. 1803. Antitrust exemptions. 1804. Reinstatement of joint operating arrange- ments previously adjudged unlawful under antitrust laws. § 1801. Congressional declaration of policy In the public interest of maintaining a news- paper press editorially and reportorially inde- pendent and competitive in all parts of the United States, it is hereby declared to be the public policy of the United States to preserve the publication of newspapers in any city, com- munity, or metropolitan area where a joint op- erating arrangement has been heretofore en- tered into because of economic distress or is hereafter effected in accordance with the provi- sions of this chapter. (Pub. L. 91–353, § 2, July 24, 1970, 84 Stat. 466.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 91–353, § 1, July 24, 1970, 84 Stat. 466, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Newspaper Preservation Act’.’’ SEPARABILITY Pub. L. 91–353, § 6, July 24, 1970, 84 Stat. 467, provided that: ‘‘If any provision of this Act [enacting this chap- ter] is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of this Act, and the appli- cability of such provision to any other person or cir- cumstance, shall not be affected thereby.’’ § 1802. Definitions As used in this chapter— (1) The term ‘‘antitrust law’’ means the Fed- eral Trade Commission Act [15 U.S.C. 41 et seq.] and each statute defined by section 4 thereof [15 U.S.C. 44] as ‘‘Antitrust Acts’’ and all amendments to such Act and such statutes and any other Acts in pari materia. (2) The term ‘‘joint newspaper operating ar- rangement’’ means any contract, agreement, joint venture (whether or not incorporated), or other arrangement entered into by two or more newspaper owners for the publication of two or more newspaper publications, pursuant to which joint or common production facilities are established or operated and joint or uni- fied action is taken or agreed to be taken with respect to any one or more of the following: printing; time, method, and field of publica- tion; allocation of production facilities; dis- tribution; advertising solicitation; circulation solicitation; business department; establish- ment of advertising rates; establishment of circulation rates and revenue distribution: Provided, That there is no merger, combina- tion, or amalgamation of editorial or reporto- rial staffs, and that editorial policies be inde- pendently determined. (3) The term ‘‘newspaper owner’’ means any person who owns or controls directly, or indi- rectly through separate or subsidiary corpora- tions, one or more newspaper publications. (4) The term ‘‘newspaper publication’’ means a publication produced on newsprint paper which is published in one or more issues week- ly (including as one publication any daily newspaper and any Sunday newspaper pub- lished by the same owner in the same city, community, or metropolitan area), and in which a substantial portion of the content is devoted to the dissemination of news and edi- torial opinion. (5) The term ‘‘failing newspaper’’ means a newspaper publication which, regardless of its ownership or affiliations, is in probable danger of financial failure. (6) The term ‘‘person’’ means any individual, and any partnership, corporation, association, or other legal entity existing under or author- ized by the law of the United States, any State or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any foreign country. (Pub. L. 91–353, § 3, July 24, 1970, 84 Stat. 466.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in par. (1), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Ta- bles. § 1803. Antitrust exemptions (a) Joint operating arrangements entered into prior to July 24, 1970 It shall not be unlawful under any antitrust law for any person to perform, enforce, renew, or amend any joint newspaper operating arrange- ment entered into prior to July 24, 1970, if at the time at which such arrangement was first en- tered into, regardless of ownership or affili- ations, not more than one of the newspaper pub- lications involved in the performance of such ar- rangement was likely to remain or become a fi-