47 U.S.C. § 325 — False, fraudulent, or unauthorized trans-

Page 174 TITLE 47—TELECOMMUNICATIONS § 320 § 320. Stations liable to interfere with distress signals; designation and regulation The Commission is authorized to designate from time to time radio stations the commu- nications or signals of which, in its opinion, are liable to interfere with the transmission or re- ception of distress signals of ships. Such sta- tions are required to keep a licensed radio oper- ator listening in on the frequencies designated for signals of distress and radio communications relating thereto during the entire period the transmitter of such station is in operation. (June 19, 1934, ch. 652, title III, § 320, 48 Stat. 1090.) § 321. Distress signals and communications; equipment on vessels; regulations (a) The transmitting set in a radio station on shipboard may be adjusted in such a manner as to produce a maximum of radiation, irrespective of the amount of interference which may thus be caused, when such station is sending radio com- munications or signals of distress and radio communications relating thereto. (b) All radio stations, including Government stations and stations on board foreign vessels when within the territorial waters of the United States, shall give absolute priority to radio communications or signals relating to ships in distress; shall cease all sending on frequencies which will interfere with hearing a radio com- munication or signal of distress, and, except when engaged in answering or aiding the ship in distress, shall refrain from sending any radio communications or signals until there is assur- ance that no interference will be caused with the radio communications or signals relating thereto, and shall assist the vessel in distress, so far as possible, by complying with its instruc- tions. (June 19, 1934, ch. 652, title III, § 321, 48 Stat. 1090; May 20, 1937, ch. 229, § 7, 50 Stat. 191.) Editorial Notes AMENDMENTS 1937—Subsec. (a). Act May 20, 1937, struck out provi- sions which required radio stations on shipboard to be equipped to transmit radio communications or signals of distress on the frequency specified by the Commis- sion, with apparatus capable of transmitting and re- ceiving messages over a distance of at least 100 miles by day or night. § 322. Exchanging radio communications be- tween land and ship stations and from ship to ship Every land station open to general public serv- ice between the coast and vessels or aircraft at sea shall, within the scope of its normal oper- ations, be bound to exchange radio communica- tions or signals with any ship or aircraft station at sea; and each station on shipboard or aircraft at sea shall, within the scope of its normal oper- ations, be bound to exchange radio communica- tions or signals with any other station on ship- board or aircraft at sea or with any land station open to general public service between the coast and vessels or aircraft at sea: Provided, That such exchange of radio communication shall be without distinction as to radio systems or in- struments adopted by each station. (June 19, 1934, ch. 652, title III, § 322, 48 Stat. 1090; May 20, 1937, ch. 229, § 8, 50 Stat. 191.) Editorial Notes AMENDMENTS 1937—Act May 20, 1937, provided for radio communica- tions with aircraft stations. § 323. Interference between Government and commercial stations (a) At all places where Government and pri- vate or commercial radio stations on land oper- ate in such close proximity that interference with the work of Government stations cannot be avoided when they are operating simulta- neously, such private or commercial stations as do interfere with the transmission or reception of radio communications or signals by the Gov- ernment stations concerned shall not use their transmitters during the first fifteen minutes of each hour, local standard time. (b) The Government stations for which the above-mentioned division of time is established shall transmit radio communications or signals only during the first fifteen minutes of each hour, local standard time, except in case of sig- nals or radio communications relating to vessels in distress and vessel requests for information as to course, location, or compass direction. (June 19, 1934, ch. 652, title III, § 323, 48 Stat. 1090.) § 324. Use of minimum power In all circumstances, except in case of radio communications or signals relating to vessels in distress, all radio stations, including those owned and operated by the United States, shall use the minimum amount of power necessary to carry out the communication desired. (June 19, 1934, ch. 652, title III, § 324, 48 Stat. 1091.) § 325. False, fraudulent, or unauthorized trans- missions (a) False distress signals; rebroadcasting pro- grams No person within the jurisdiction of the United States shall knowingly utter or trans- mit, or cause to be uttered or transmitted, any false or fraudulent signal of distress, or commu- nication relating thereto, nor shall any broad- casting station rebroadcast the program or any part thereof of another broadcasting station without the express authority of the originating station. (b) Consent to retransmission of broadcasting station signals (1) No cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except— (A) with the express authority of the origi- nating station; (B) under section 534 of this title, in the case of a station electing, in accordance with this Page 175 TITLE 47—TELECOMMUNICATIONS § 325 subsection, to assert the right to carriage under such section; or (C) under section 338 of this title, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section. (2) This subsection shall not apply— (A) to retransmission of the signal of a non- commercial television broadcast station; (B) to retransmission of the signal of a tele- vision broadcast station outside the station’s local market by a satellite carrier directly to its subscribers, if— (i) such station was a superstation on May 1, 1991; (ii) as of July 1, 1998, such station was re- transmitted by a satellite carrier under the statutory license of section 119 of title 17; and (iii) the satellite carrier complies with any network nonduplication, syndicated exclu- sivity, and sports blackout rules adopted by the Commission under section 339(b) of this title; (C) to retransmission of the signals of net- work stations directly to a home satellite an- tenna under the statutory license of section 119 of title 17; (D) to retransmission by a cable operator or other multichannel video provider, other than a satellite carrier, of the signal of a television broadcast station outside the station’s local market if such signal was obtained from a sat- ellite carrier and— (i) the originating station was a supersta- tion on May 1, 1991; and (ii) as of July 1, 1998, such station was re- transmitted by a satellite carrier under the statutory license of section 119 of title 17; or (E) during the 6-month period beginning on November 29, 1999, to the retransmission of the signal of a television broadcast station within the station’s local market by a satellite car- rier directly to its subscribers under the statu- tory license of section 122 of title 17. For purposes of this paragraph, the terms ‘‘sat- ellite carrier’’ and ‘‘superstation’’ have the meanings given those terms, respectively, in section 119(d) of title 17, as in effect on October 5, 1992. (3)(A) Within 45 days after October 5, 1992, the Commission shall commence a rulemaking pro- ceeding to establish regulations to govern the exercise by television broadcast stations of the right to grant retransmission consent under this subsection and of the right to signal carriage under section 534 of this title, and such other regulations as are necessary to administer the limitations contained in paragraph (2). The Commission shall consider in such proceeding the impact that the grant of retransmission con- sent by television stations may have on the rates for the basic service tier and shall ensure that the regulations prescribed under this sub- section do not conflict with the Commission’s obligation under section 543(b)(1) of this title to ensure that the rates for the basic service tier are reasonable. Such rulemaking proceeding shall be completed within 180 days after October 5, 1992. (B) The regulations required by subparagraph (A) shall require that television stations, within one year after October 5, 1992, and every three years thereafter, make an election between the right to grant retransmission consent under this subsection and the right to signal carriage under section 534 of this title. If there is more than one cable system which services the same geo- graphic area, a station’s election shall apply to all such cable systems. (C) The Commission shall commence a rule- making proceeding to revise the regulations governing the exercise by television broadcast stations of the right to grant retransmission consent under this subsection, and such other regulations as are necessary to administer the limitations contained in paragraph (2). Such regulations shall— (i) establish election time periods that cor- respond with those regulations adopted under subparagraph (B) of this paragraph; (ii) prohibit a television broadcast station that provides retransmission consent from en- gaging in exclusive contracts for carriage or failing to negotiate in good faith, and it shall not be a failure to negotiate in good faith if the television broadcast station enters into re- transmission consent agreements containing different terms and conditions, including price terms, with different multichannel video pro- gramming distributors if such different terms and conditions are based on competitive mar- ketplace considerations; (iii) prohibit a multichannel video program- ming distributor from failing to negotiate in good faith for retransmission consent under this section, and it shall not be a failure to ne- gotiate in good faith if the distributor enters into retransmission consent agreements con- taining different terms and conditions, includ- ing price terms, with different broadcast sta- tions if such different terms and conditions are based on competitive marketplace consid- erations; (iv) prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broad- cast station in the same local market to grant retransmission consent under this section to a multichannel video programming distributor, unless such stations are directly or indirectly under common de jure control permitted under the regulations of the Commission; (v) prohibit a television broadcast station from limiting the ability of a multichannel video programming distributor to carry into the local market of such station a television signal that has been deemed significantly viewed, within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation, or any other television broadcast signal such distributor is authorized to carry under section 338, 339, 340, or 534 of this title, unless such stations are directly or indirectly under common de jure control per- mitted by the Commission; and (vi) not later than 90 days after December 20, 2019, specify that— (I) a multichannel video programming dis- tributor may satisfy its obligation to nego- tiate in good faith under clause (iii) with re- Page 176 TITLE 47—TELECOMMUNICATIONS § 325 spect to a negotiation for retransmission consent under this section with a large sta- tion group by designating a qualified MVPD buying group to negotiate on its behalf, so long as the qualified MVPD buying group itself negotiates in good faith in accordance with such clause; (II) it is a violation of the obligation to ne- gotiate in good faith under clause (iii) for the qualified MVPD buying group to disclose the prices, terms, or conditions of an ongo- ing negotiation or the final terms of a nego- tiation to a member of the qualified MVPD buying group that is not intending, or is un- likely, to enter into the final terms nego- tiated by the qualified MVPD buying group; and (III) a large station group has an obliga- tion to negotiate in good faith under clause (ii) with respect to a negotiation for retrans- mission consent under this section with a qualified MVPD buying group. (4) If an originating television station elects under paragraph (3)(B) to exercise its right to grant retransmission consent under this sub- section with respect to a cable system, the pro- visions of section 534 of this title shall not apply to the carriage of the signal of such station by such cable system. If an originating television station elects under paragraph (3)(C) to exercise its right to grant retransmission consent under this subsection with respect to a satellite car- rier, section 338 of this title shall not apply to the carriage of the signal of such station by such satellite carrier. (5) The exercise by a television broadcast sta- tion of the right to grant retransmission con- sent under this subsection shall not interfere with or supersede the rights under section 338, 534, or 535 of this title of any station electing to assert the right to signal carriage under that section. (6) Nothing in this section shall be construed as modifying the compulsory copyright license established in section 111 of title 17 or as affect- ing existing or future video programming licens- ing agreements between broadcasting stations and video programmers. (7) For purposes of this subsection, the term— (A) ‘‘network station’’ has the meaning given such term under section 119(d) of title 17; (B) ‘‘television broadcast station’’ means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station; (C) ‘‘qualified MVPD buying group’’ means an entity that, with respect to a negotiation with a large station group for retransmission consent under this section— (i) negotiates on behalf of two or more multichannel video programming distribu- tors— (I) none of which is a multichannel video programming distributor that serves more than 500,000 subscribers nationally; and (II) that do not collectively serve more than 25 percent of all households served by a multichannel video programming dis- tributor in any single local market in which the applicable large station group operates; and (ii) negotiates agreements for such re- transmission consent— (I) that contain standardized contract provisions, including billing structures and technical quality standards, for each multichannel video programming dis- tributor on behalf of which the entity ne- gotiates; and (II) under which the entity assumes li- ability to remit to the applicable large station group all fees received from the multichannel video programming distribu- tors on behalf of which the entity nego- tiates; (D) ‘‘large station group’’ means a group of television broadcast stations that— (i) are directly or indirectly under com- mon de jure control permitted by the regula- tions of the Commission; (ii) generally negotiate agreements for re- transmission consent under this section as a single entity; and (iii) include only television broadcast sta- tions that have a national audience reach of more than 20 percent; (E) ‘‘local market’’ has the meaning given such term in section 122(j) of title 17; and (F) ‘‘multichannel video programming dis- tributor’’ has the meaning given such term in section 522 of this title. (c) Broadcast to foreign countries for rebroad- cast to United States; permit No person shall be permitted to locate, use, or maintain a radio broadcast studio or other place or apparatus from which or whereby sound waves are converted into electrical energy, or mechanical or physical reproduction of sound waves produced, and caused to be transmitted or delivered to a radio station in a foreign country for the purpose of being broadcast from any radio station there having a power output of suf- ficient intensity and/or being so located geo- graphically that its emissions may be received consistently in the United States, without first obtaining a permit from the Commission upon proper application therefor. (d) Application for permit Such application shall contain such informa- tion as the Commission may by regulation pre- scribe, and the granting or refusal thereof shall be subject to the requirements of section 309 of this title with respect to applications for station licenses or renewal or modification thereof, and the license or permission so granted shall be revocable for false statements in the application so required or when the Commission, after hear- ings, shall find its continuation no longer in the public interest. (e) Enforcement proceedings against satellite carriers concerning retransmissions of tele- vision broadcast stations in the respective local markets of such carriers (1) Complaints by television broadcast stations If after the expiration of the 6-month period described under subsection (b)(2)(E) a tele- Page 177 TITLE 47—TELECOMMUNICATIONS § 325 vision broadcast station believes that a sat- ellite carrier has retransmitted its signal to any person in the local market of such station in violation of subsection (b)(1), the station may file with the Commission a complaint providing— (A) the name, address, and call letters of the station; (B) the name and address of the satellite carrier; (C) the dates on which the alleged retrans- mission occurred; (D) the street address of at least one per- son in the local market of the station to whom the alleged retransmission was made; (E) a statement that the retransmission was not expressly authorized by the tele- vision broadcast station; and (F) the name and address of counsel for the station. (2) Service of complaints on satellite carriers For purposes of any proceeding under this subsection, any satellite carrier that retrans- mits the signal of any broadcast station shall be deemed to designate the Secretary of the Commission as its agent for service of process. A television broadcast station may serve a satellite carrier with a complaint concerning an alleged violation of subsection (b)(1) through retransmission of a station within the local market of such station by filing the original and two copies of the complaint with the Secretary of the Commission and serving a copy of the complaint on the satellite carrier by means of two commonly used overnight de- livery services, each addressed to the chief ex- ecutive officer of the satellite carrier at its principal place of business, and each marked ‘‘URGENT LITIGATION MATTER’’ on the outer packaging. Service shall be deemed com- plete one business day after a copy of the com- plaint is provided to the delivery services for overnight delivery. On receipt of a complaint filed by a television broadcast station under this subsection, the Secretary of the Commis- sion shall send the original complaint by United States mail, postage prepaid, receipt requested, addressed to the chief executive of- ficer of the satellite carrier at its principal place of business. (3) Answers by satellite carriers Within five business days after the date of service, the satellite carrier shall file an an- swer with the Commission and shall serve the answer by a commonly used overnight deliv- ery service and by United States mail, on the counsel designated in the complaint at the ad- dress listed for such counsel in the complaint. (4) Defenses (A) Exclusive defenses The defenses under this paragraph are the exclusive defenses available to a satellite carrier against which a complaint under this subsection is filed. (B) Defenses The defenses referred to under subpara- graph (A) are the defenses that— (i) the satellite carrier did not re- transmit the television broadcast station to any person in the local market of the station during the time period specified in the complaint; (ii) the television broadcast station had, in a writing signed by an officer of the tel- evision broadcast station, expressly au- thorized the retransmission of the station by the satellite carrier to each person in the local market of the television broad- cast station to which the satellite carrier made such retransmissions for the entire time period during which it is alleged that a violation of subsection (b)(1) has oc- curred; (iii) the retransmission was made after January 1, 2002, and the television broad- cast station had elected to assert the right to carriage under section 338 of this title as against the satellite carrier for the rel- evant period; or (iv) the station being retransmitted is a noncommercial television broadcast sta- tion. (5) Counting of violations The retransmission without consent of a particular television broadcast station on a particular day to one or more persons in the local market of the station shall be considered a separate violation of subsection (b)(1). (6) Burden of proof With respect to each alleged violation, the burden of proof shall be on a television broad- cast station to establish that the satellite car- rier retransmitted the station to at least one person in the local market of the station on the day in question. The burden of proof shall be on the satellite carrier with respect to all defenses other than the defense under para- graph (4)(B)(i). (7) Procedures (A) Regulations Within 60 days after November 29, 1999, the Commission shall issue procedural regula- tions implementing this subsection which shall supersede procedures under section 312 of this title. (B) Determinations (i) In general Within 45 days after the filing of a com- plaint, the Commission shall issue a final determination in any proceeding brought under this subsection. The Commission’s final determination shall specify the num- ber of violations committed by the sat- ellite carrier. The Commission shall hear witnesses only if it clearly appears, based on written filings by the parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may issue a final ruling based on written filings by the parties. (ii) Discovery The Commission may direct the parties to exchange pertinent documents, and if necessary to take prehearing depositions, on such schedule as the Commission may Page 178 TITLE 47—TELECOMMUNICATIONS § 325 approve, but only if the Commission first determines that such discovery is nec- essary to resolve a genuine dispute about material facts, consistent with the obliga- tion to make a final determination within 45 days. (8) Relief If the Commission determines that a sat- ellite carrier has retransmitted the television broadcast station to at least one person in the local market of such station and has failed to meet its burden of proving one of the defenses under paragraph (4) with respect to such re- transmission, the Commission shall be re- quired to— (A) make a finding that the satellite car- rier violated subsection (b)(1) with respect to that station; and (B) issue an order, within 45 days after the filing of the complaint, containing— (i) a cease-and-desist order directing the satellite carrier immediately to stop mak- ing any further retransmissions of the tel- evision broadcast station to any person within the local market of such station until such time as the Commission deter- mines that the satellite carrier is in com- pliance with subsection (b)(1) with respect to such station; (ii) if the satellite carrier is found to have violated subsection (b)(1) with re- spect to more than two television broad- cast stations, a cease-and-desist order di- recting the satellite carrier to stop mak- ing any further retransmission of any tele- vision broadcast station to any person within the local market of such station, until such time as the Commission, after giving notice to the station, that the sat- ellite carrier is in compliance with sub- section (b)(1) with respect to such stations; and (iii) an award to the complainant of that complainant’s costs and reasonable attor- ney’s fees. (9) Court proceedings on enforcement of Com- mission order (A) In general On entry by the Commission of a final order granting relief under this subsection— (i) a television broadcast station may apply within 30 days after such entry to the United States District Court for the Eastern District of Virginia for a final judgment enforcing all relief granted by the Commission; and (ii) the satellite carrier may apply with- in 30 days after such entry to the United States District Court for the Eastern Dis- trict of Virginia for a judgment reversing the Commission’s order. (B) Appeal The procedure for an appeal under this paragraph by the satellite carrier shall su- persede any other appeal rights under Fed- eral or State law. A United States district court shall be deemed to have personal juris- diction over the satellite carrier if the car- rier, or a company under common control with the satellite carrier, has delivered tele- vision programming by satellite to more than 30 customers in that district during the preceding 4-year period. If the United States District Court for the Eastern District of Virginia does not have personal jurisdiction over the satellite carrier, an enforcement ac- tion or appeal shall be brought in the United States District Court for the District of Co- lumbia, which may find personal jurisdiction based on the satellite carrier’s ownership of licenses issued by the Commission. An appli- cation by a television broadcast station for an order enforcing any cease-and-desist re- lief granted by the Commission shall be re- solved on a highly expedited schedule. No discovery may be conducted by the parties in any such proceeding. The district court shall enforce the Commission order unless the Commission record reflects manifest error and an abuse of discretion by the Com- mission. (10) Civil action for statutory damages Within 6 months after issuance of an order by the Commission under this subsection, a television broadcast station may file a civil action in any United States district court that has personal jurisdiction over the satellite carrier for an award of statutory damages for any violation that the Commission has deter- mined to have been committed by a satellite carrier under this subsection. Such action shall not be subject to transfer under section 1404(a) of title 28. On finding that the satellite carrier has committed one or more violations of subsection (b), the District Court shall be required to award the television broadcast sta- tion statutory damages of $25,000 per viola- tion, in accordance with paragraph (5), and the costs and attorney’s fees incurred by the sta- tion. Such statutory damages shall be awarded only if the television broadcast station has filed a binding stipulation with the court that such station will donate the full amount in ex- cess of $1,000 of any statutory damage award to the United States Treasury for public pur- poses. Notwithstanding any other provision of law, a station shall incur no tax liability of any kind with respect to any amounts so do- nated. Discovery may be conducted by the par- ties in any proceeding under this paragraph only if and to the extent necessary to resolve a genuinely disputed issue of fact concerning one of the defenses under paragraph (4). In any such action, the defenses under paragraph (4) shall be exclusive, and the burden of proof shall be on the satellite carrier with respect to all defenses other than the defense under para- graph (4)(B)(i). A judgment under this para- graph may be enforced in any manner permis- sible under Federal or State law. (11) Appeals (A) In general The nonprevailing party before a United States district court may appeal a decision under this subsection to the United States Court of Appeals with jurisdiction over that district court. The Court of Appeals shall not issue any stay of the effectiveness of any Page 179 TITLE 47—TELECOMMUNICATIONS § 325 decision granting relief against a satellite carrier unless the carrier presents clear and convincing evidence that it is highly likely to prevail on appeal and only after posting a bond for the full amount of any monetary award assessed against it and for such fur- ther amount as the Court of Appeals may be- lieve appropriate. (B) Appeal If the Commission denies relief in response to a complaint filed by a television broad- cast station under this subsection, the tele- vision broadcast station filing the complaint may file an appeal with the United States Court of Appeals for the District of Colum- bia Circuit. (12) Sunset No complaint or civil action may be filed under this subsection after December 31, 2001. This subsection shall continue to apply to any complaint or civil action filed on or before such date. (June 19, 1934, ch. 652, title III, § 325, 48 Stat. 1091; Pub. L. 102–385, § 6, Oct. 5, 1992, 106 Stat. 1482; Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1009], Nov. 29, 1999, 113 Stat. 1536, 1501A–537; Pub. L. 108–447, div. J, title IX [title II, §§ 201, 207(a)], Dec. 8, 2004, 118 Stat. 3409, 3428; Pub. L. 111–118, div. B, § 1003(b), Dec. 19, 2009, 123 Stat. 3469; Pub. L. 111–144, § 10(b), Mar. 2, 2010, 124 Stat. 47; Pub. L. 111–151, § 2(b), Mar. 26, 2010, 124 Stat. 1027; Pub. L. 111–157, § 9(b), Apr. 15, 2010, 124 Stat. 1119; Pub. L. 111–175, title II, § 202, May 27, 2010, 124 Stat. 1245; Pub. L. 113–200, title I, §§ 101, 103(a), (b), (d), Dec. 4, 2014, 128 Stat. 2060, 2062; Pub. L. 116–94, div. P, title X, §§ 1002–1003(c), Dec. 20, 2019, 133 Stat. 3198, 3199.) Editorial Notes AMENDMENTS 2019—Subsec. (b)(2). Pub. L. 116–94, § 1003(c)(1), struck out ‘‘, and the term ‘local market’ has the meaning given that term in section 122(j) of such title’’ before period at end of concluding provisions. Pub. L. 116–94, § 1002(b), struck out ‘‘the term ‘unserved household’ has the meaning given that term under section 119(d) of such title’’ after ‘‘October 5, 1992’’ in concluding provisions. Subsec. (b)(2)(C). Pub. L. 116–94, § 1002(a)(1), struck out ‘‘until December 31, 2019,’’ before ‘‘to retransmission’’ and substituted ‘‘antenna under the statutory license of section 119 of title 17;’’ for ‘‘antenna, if the sub- scriber receiving the signal— ‘‘(i) is located in an area outside the local market of such stations; and ‘‘(ii) resides in an unserved household;’’. Subsec. (b)(3)(C)(ii), (iii). Pub. L. 116–94, § 1002(a)(2), struck out ‘‘until January 1, 2020,’’ before ‘‘prohibit’’. Subsec. (b)(3)(C)(iv), (v). Pub. L. 116–94, § 1003(c)(2), struck out ‘‘(as defined in section 122(j) of title 17)’’ after ‘‘local market’’. Subsec. (b)(3)(C)(vi). Pub. L. 116–94, § 1003(a), added cl. (vi). Subsec. (b)(7)(C) to (F). Pub. L. 116–94, § 1003(b), added subpars. (C) to (F). 2014—Subsec. (b)(2)(C). Pub. L. 113–200, § 101(1), sub- stituted ‘‘December 31, 2019’’ for ‘‘December 31, 2014’’ in introductory provisions. Subsec. (b)(3)(C)(ii). Pub. L. 113–200, § 101(2), sub- stituted ‘‘January 1, 2020’’ for ‘‘January 1, 2015’’. Subsec. (b)(3)(C)(iii). Pub. L. 113–200, §§ 101(2), 103(d)(1), substituted ‘‘January 1, 2020’’ for ‘‘January 1, 2015’’ and realigned margins. Subsec. (b)(3)(C)(iv). Pub. L. 113–200, § 103(a), added cl. (iv). Subsec. (b)(3)(C)(v). Pub. L. 113–200, § 103(b), added cl. (v). Subsec. (b)(7). Pub. L. 113–200, § 103(d)(2), realigned margins. 2010—Subsec. (b)(2)(C). Pub. L. 111–175, § 202(1), sub- stituted ‘‘December 31, 2014’’ for ‘‘May 31, 2010’’ in in- troductory provisions. Pub. L. 111–157, § 9(b)(1), substituted ‘‘May 31, 2010’’ for ‘‘April 30, 2010’’ in introductory provisions. Pub. L. 111–151, § 2(b)(1), substituted ‘‘April 30, 2010’’ for ‘‘March 28, 2010’’ in introductory provisions. Pub. L. 111–144, § 10(b)(1), substituted ‘‘March 28, 2010’’ for ‘‘February 28, 2010’’ in introductory provisions. Subsec. (b)(3)(C)(ii), (iii). Pub. L. 111–175, § 202(2), sub- stituted ‘‘January 1, 2015’’ for ‘‘June 1, 2010’’. Pub. L. 111–157, § 9(b)(2), substituted ‘‘June 1, 2010’’ for ‘‘May 1, 2010’’. Pub. L. 111–151, § 2(b)(2), substituted ‘‘May 1, 2010’’ for ‘‘March 29, 2010’’. Pub. L. 111–144, § 10(b)(2), substituted ‘‘March 29, 2010’’ for ‘‘March 1, 2010’’. 2009—Subsec. (b)(2)(C). Pub. L. 111–118, § 1003(b)(1), substituted ‘‘February 28, 2010’’ for ‘‘December 31, 2009’’ in introductory provisions. Subsec. (b)(3)(C)(ii), (iii). Pub. L. 111–118, § 1003(b)(2), substituted ‘‘March 1, 2010’’ for ‘‘January 1, 2010’’. 2004—Subsec. (b)(2)(C). Pub. L. 108–447, § 201, sub- stituted ‘‘December 31, 2009’’ for ‘‘December 31, 2004’’. Subsec. (b)(3)(C). Pub. L. 108–447, § 207(a)(1), (2), in in- troductory provisions, substituted ‘‘The’’ for ‘‘Within 45 days after November 29, 1999, the’’ and struck out second sentence which read ‘‘The Commission shall complete all actions necessary to prescribe such regu- lations within 1 year after November 29, 1999.’’ Subsec. (b)(3)(C)(ii). Pub. L. 108–447, § 207(a)(4)(A), sub- stituted ‘‘January 1, 2010’’ for ‘‘January 1, 2006’’. Subsec. (b)(3)(C)(iii). Pub. L. 108–447, § 207(a)(3), (4)(B), (5), added cl. (iii). 1999—Subsec. (b)(1), (2). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(1)], amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows: ‘‘(1) Following the date that is one year after October 5, 1992, no cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except— ‘‘(A) with the express authority of the originating station; or ‘‘(B) pursuant to section 534 of this title, in the case of a station electing, in accordance with this sub- section, to assert the right to carriage under such section. ‘‘(2) The provisions of this subsection shall not apply to— ‘‘(A) retransmission of the signal of a noncommer- cial broadcasting station; ‘‘(B) retransmission directly to a home satellite an- tenna of the signal of a broadcasting station that is not owned or operated by, or affiliated with, a broad- casting network, if such signal was retransmitted by a satellite carrier on May 1, 1991; ‘‘(C) retransmission of the signal of a broadcasting station that is owned or operated by, or affiliated with, a broadcasting network directly to a home sat- ellite antenna, if the household receiving the signal is an unserved household; or ‘‘(D) retransmission by a cable operator or other multichannel video programming distributor of the signal of a superstation if such signal was obtained from a satellite carrier and the originating station was a superstation on May 1, 1991. For purposes of this paragraph, the terms ‘satellite car- rier’, ‘superstation’, and ‘unserved household’ have the meanings given those terms, respectively, in section 119(d) of title 17 as in effect on October 5, 1992.’’ Subsec. (b)(3)(C). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(2)], added subpar. (C). Subsec. (b)(4). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(3)], inserted at end ‘‘If an originating tele- Page 180 TITLE 47—TELECOMMUNICATIONS § 326 vision station elects under paragraph (3)(C) to exercise its right to grant retransmission consent under this subsection with respect to a satellite carrier, section 338 of this title shall not apply to the carriage of the signal of such station by such satellite carrier.’’ Subsec. (b)(5). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(4)], substituted ‘‘338, 534, or 535 of this title’’ for ‘‘534 or 535 of this title’’. Subsec. (b)(7). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(5)], added par. (7). Subsec. (e). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(b)], added subsec. (e). 1992—Subsecs. (b) to (d). Pub. L. 102–385 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–94, div. P, title X, § 1003(d), Dec. 20, 2019, 133 Stat. 3200, provided that: ‘‘The amendments made by this section [amending this section], and the regula- tions promulgated by the Federal Communications Commission under such amendments, shall not take ef- fect before January 1 of the calendar year after the cal- endar year in which this Act [probably means ‘‘this title’’, which is title X of div. P of Pub. L. 116–94, ap- proved Dec. 20, 2019] is enacted.’’ EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–385, § 28, Oct. 5, 1992, 106 Stat. 1503, pro- vided that: ‘‘Except where otherwise expressly pro- vided, the provisions of this Act [enacting sections 334, 335, 534 to 537, 544a, 548, and 555a of this title, amending this section and sections 332, 522, 532, 533, 541 to 544, 546, 551 to 555, and 558 of this title, and enacting provisions set out as notes under sections 521, 531, 543, and 554 of this title] and the amendments made thereby shall take effect 60 days after the date of enactment of this Act [Oct. 5, 1992].’’ REGULATIONS Pub. L. 113–200, title I, § 103(e), Dec. 4, 2014, 128 Stat. 2062, provided that: ‘‘Not later than 9 months after the date of the enactment of this Act [Dec. 4, 2014], the [Federal Communications] Commission shall promul- gate regulations to implement the amendments made by this section [amending this section].’’ Pub. L. 108–447, div. J, title IX [title II, § 207(b)], Dec. 8, 2004, 118 Stat. 3428, provided that: ‘‘The Federal Com- munications Commission shall prescribe regulations to implement the amendment made by subsection (a)(5) [amending this section] within 180 days after the date of enactment of this Act [Dec. 8, 2004].’’ SAVINGS CLAUSE REGARDING DEFINITIONS Pub. L. 111–175, title II, § 208, May 27, 2010, 124 Stat. 1254, provided that: ‘‘Nothing in this title [enacting sec- tion 342 of this title, amending this section and sec- tions 335 and 338 to 340 of this title, and enacting provi- sions set out as notes under sections 338 and 340 of this title] or the amendments made by this title shall be construed to affect— ‘‘(1) the meaning of the terms ‘program related’ and ‘primary video’ under the Communications Act of 1934 [47 U.S.C. 151 et seq.]; or ‘‘(2) the meaning of the term ‘multicast’ in any reg- ulations issued by the Federal Communications Com- mission.’’ SEVERABILITY Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1010], Nov. 29, 1999, 113 Stat. 1536, 1501A–543, provided that: ‘‘If any provision of section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)), or the application of that pro- vision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that section, and the application of that provision to other persons and circumstances, shall not be affected.’’ GOOD FAITH Pub. L. 113–200, title I, § 103(c), Dec. 4, 2014, 128 Stat. 2062, provided that: ‘‘Not later than 9 months after the date of the enactment of this Act [Dec. 4, 2014], the [Federal Communications] Commission shall com- mence a rulemaking to review its totality of the cir- cumstances test for good faith negotiations under clauses (ii) and (iii) of section 325(b)(3)(C) of the Com- munications Act of 1934 (47 U.S.C. 325(b)(3)(C)).’’ DIGITAL TRANSITION SAVINGS PROVISION Pub. L. 108–447, div. J, title IX [title II, § 212], Dec. 8, 2004, 118 Stat. 3431, provided that: ‘‘Nothing in the dates by which requirements or other provisions are effective under this Act [probably means title IX of div. J of Pub. L. 108–447, see Short Title of 2004 Amendment note set out under section 101 of Title 17, Copyrights] or the amendments made by this Act shall be construed— ‘‘(1) to impair the authority of the Federal Commu- nications Commission to take any action with re- spect to the transition by television broadcasters to the digital television service; or ‘‘(2) to require the Commission to take any such ac- tion.’’ § 326. Censorship Nothing in this chapter shall be understood or construed to give the Commission the power of censorship over the radio communications or signals transmitted by any radio station, and no regulation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means of radio communication. (June 19, 1934, ch. 652, title III, § 326, 48 Stat. 1091; June 25, 1948, ch. 645, § 21, 62 Stat. 862.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1948—Act June 25, 1948, repealed last sentence relat- ing to use of indecent language. See section 1464 of Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act June 25, 1948, effective as of Sept. 1, 1948, see section 20 of that act. § 327. Naval stations; use for commercial mes- sages; rates The Secretary of the Navy is authorized, un- less restrained by international agreement, under the terms and conditions and at rates pre- scribed by him, which rates shall be just and reasonable, and which, upon complaint, shall be