22 U.S.C. § 1465bb — Television broadcasting to Cuba

Page 373 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1465bb Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–246, title II, § 241, Feb. 16, 1990, 104 Stat. 58, provided that: ‘‘This part [part D (§§ 241–248) of title II of Pub. L. 101–246, enacting this subchapter, amending section 1465c of this title, and enacting provisions set out as notes under section 1465c of this title] may be cited as the ‘Television Broadcasting to Cuba Act’.’’ § 1465bb. Television broadcasting to Cuba (a) Television broadcasting to Cuba In order to carry out the purposes set forth in section 1465aa of this title and notwithstanding the limitation of section 1461 of this title with respect to the dissemination in the United States of information prepared for dissemina- tion abroad to the extent such dissemination is inadvertent, the Broadcasting Board of Gov- ernors (hereafter in this subchapter referred to as the ‘‘Agency’’ shall provide for the open com- munication of information and ideas through the use of television broadcasting to Cuba. Tele- vision broadcasting to Cuba shall serve as a con- sistently reliable and authoritative source of ac- curate, objective, and comprehensive news. (b) Voice of America standards Television broadcasting to Cuba under this subchapter shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, bal- anced, and which present a variety of views. (c) Television Marti Any program of United States Government television broadcasts to Cuba authorized by this section shall be designated the ‘‘Television Marti Program’’. (d) Frequency assignment (1) Subject to the Communications Act of 1934 [47 U.S.C. 151 et seq.], the Federal Communica- tions Commission shall assign by order a suit- able frequency to further the national interests expressed in this subchapter, except that no such assignment shall result in objectionable in- terference with the broadcasts of any domestic licensee. (2) No Federal branch or agency shall compel an incumbent domestic licensee to change its frequency in order to eliminate objectionable in- terference caused by broadcasting of the Serv- ice. (3) For purposes of section 305 of the Commu- nications Act of 1934 [47 U.S.C. 305], a television broadcast station established for purposes of this subchapter shall be treated as a government station, but the Federal Communications Com- mission shall exercise the authority of the President under such section to assign a fre- quency to such station. (e) Interference with domestic broadcasting (1) Broadcasting by the Television Marti Serv- ice shall be conducted in accordance with such parameters as shall be prescribed by the Federal Communications Commission to preclude objec- tionable interference with the broadcasts of any domestic licensee. The Television Marti Service shall be governed by the same standards regard- ing objectionable interference as any domestic licensee. The Federal Communications Commis- sion shall monitor the operations of television broadcasting to Cuba pursuant to subsection (f). If, on the basis of such monitoring or a com- plaint from any person, the Federal Communica- tions Commission determines, in its discretion, that broadcasting by the Television Marti Serv- ice is causing objectionable interference with the transmission or reception of the broadcasts of a domestic licensee, the Federal Communica- tions Commission shall direct the Television Marti Service to cease broadcasting and to eliminate the objectionable interference. Broad- casts by the Service shall not be resumed until the Federal Communications Commission finds that the objectionable interference has been eliminated and should not recur. (2) The Federal Communications Commission shall take such actions as are necessary and ap- propriate to assist domestic licensees in over- coming the adverse effects of objectionable in- terference caused by broadcasting by the Tele- vision Marti Service. Such assistance may in- clude the authorization of nondirectional in- creases in the effective radiated power of a do- mestic television station so that its coverage is equivalent to the maximum allowable for such facilities, to avoid any adverse effect on such stations of the broadcasts of the Television Marti Service. (3) If the Federal Communications Commis- sion directs the Television Marti Service to cease broadcasting pursuant to paragraph (1), the Commission shall, as soon as practicable, notify the appropriate committees of Congress of such action and the reasons therefor. The Federal Communications Commission shall con- tinue to notify the appropriate committees of Congress of progress in eliminating the objec- tionable interference and shall assure that Con- gress is fully informed about the operation of the Television Marti Service. (f) Monitoring of interference The Federal Communications Commission shall continually monitor and periodically re- port to the appropriate committees of the Con- gress interference to domestic broadcast licens- ees— (1) from the operation of Cuban television and radio stations; and (2) from the operations of the television broadcasting to Cuba. (g) Task force It is the sense of the Congress that the Presi- dent should establish a task force to analyze the level of interference from the operation of Cuban television and radio stations experienced by broadcasters in the United States and to seek a practical political and technical solution to this problem. (Pub. L. 101–246, title II, § 243, Feb. 16, 1990, 104 Stat. 59; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1325(1), (2), Oct. 21, 1998, 112 Stat. 2681–781.) REPEAL OF SECTION Section repealed upon transmittal of deter- mination by President under section 6063(c)(3) of this title that democratically elected govern- ment in Cuba is in power, see section 6037(c) of this title. Page 374 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1465cc Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in sub- sec. (d)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete classi- fication of this Act to the Code, see section 609 of Title 47 and Tables. CODIFICATION Section was enacted as part of the Television Broad- casting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 1325(1), substituted ‘‘Broadcasting Board of Governors’’ for ‘‘United States Information Agency’’. Subsec. (c). Pub. L. 105–277, § 1325(2), in heading struck out ‘‘USIA’’ before ‘‘Television’’ and in text substituted ‘‘the ‘Television’’ for ‘‘ ‘USIA Television’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6531 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (f) of this section is listed on page 167), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 1465cc. Television Marti Service (a) Television Marti Service There is within the Voice of America a Tele- vision Marti Service. The Service shall be re- sponsible for all television broadcasts to Cuba authorized by this subchapter. The Broadcasting Board of Governors shall appoint a head of the Service who shall report directly to the Inter- national Broadcasting Bureau. The head of the Service shall employ such staff as the head of the Service may need to carry out the duties of the Service. (b) Use of existing facilities of Board To assure consistency of presentation and effi- ciency of operations in conducting the activities authorized under this subchapter, the Television Marti Service shall make maximum feasible uti- lization of Board facilities and management sup- port, including Voice of America: Cuba Service, Voice of America, and the United States Inter- national Television Service. (c) Authority The Board may carry out the purposes of this subchapter by means of grants, leases, or con- tracts (subject to the availability of appropria- tions), or such other means as the Board deter- mines will be most effective. (Pub. L. 101–246, title II, § 244, Feb. 16, 1990, 104 Stat. 61; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1325(3), (4), Oct. 21, 1998, 112 Stat. 2681–781.) REPEAL OF SECTION Section repealed upon transmittal of deter- mination by President under section 6063(c)(3) of this title that democratically elected govern- ment in Cuba is in power, see section 6037(c) of this title. Editorial Notes CODIFICATION Section was enacted as part of the Television Broad- casting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter. AMENDMENTS 1998—Pub. L. 105–277, § 1325(4)(A), struck out ‘‘of the United States Information Agency’’ after ‘‘Service’’ in section catchline. Subsec. (a). Pub. L. 105–277, § 1325(4)(B)(ii), which di- rected amendment of subsec. (a) in second sentence by substituting ‘‘Broadcasting Board of Governors’’ for ‘‘Director of the United States Information Agency’’ and ‘‘the International Broadcasting Bureau’’ for ‘‘the Director of the Voice of America’’, was executed by making the substitutions in third sentence, to reflect the probable intent of Congress. Pub. L. 105–277, § 1325(4)(B)(i), substituted ‘‘There is’’ for ‘‘The Director of the United States Information Agency shall establish’’ in first sentence. Subsec. (b). Pub. L. 105–277, § 1325(4)(C), substituted ‘‘Board facilities’’ for ‘‘Agency facilities’’ and ‘‘Inter- national’’ for ‘‘Information Agency’’. Subsec. (c). Pub. L. 105–277, § 1325(3), (4)(D), in heading struck out ‘‘USIA’’ before ‘‘Authority’’, and in text substituted ‘‘Board’’ for ‘‘Agency’’ in two places. Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6531 of this title. § 1465dd. Assistance from other Government agencies In order to assist the Broadcasting Board of Governors in carrying out the provisions of this subchapter, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) and may perform administrative and technical support and services at the request of the Board. (Pub. L. 101–246, title II, § 246, Feb. 16, 1990, 104 Stat. 62; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1325(1), (3), Oct. 21, 1998, 112 Stat. 2681–781.) REPEAL OF SECTION Section repealed upon transmittal of deter- mination by President under section 6063(c)(3)