47 U.S.C. § 398 — Federal interference or control

Page 250 TITLE 47—TELECOMMUNICATIONS § 398 1 See References in Text note below. cultural radio and television programs, and re- lated noncommercial instructional or informa- tional material that may be transmitted by means of electronic communications. (15) The term ‘‘Secretary’’ means the Sec- retary of Commerce when such term is used in subpart A and subpart B, and the Secretary of Health and Human Services when such term is used in subpart C, subpart D, and this subpart. (16) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Terri- tory of the Pacific Islands. (17) The term ‘‘system of public telecommuni- cations entities’’ means any combination of pub- lic telecommunications entities acting coopera- tively to produce, acquire, or distribute pro- grams, or to undertake related activities. (June 19, 1934, ch. 652, title III, § 397, formerly § 394, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67; renumbered § 397 and amended Pub. L. 90–129, title I, §§ 103(f), 105, 106, title II, § 201(3), (6), Nov. 7, 1967, 81 Stat. 366–368; Pub. L. 94–192, § 5, Dec. 31, 1975, 89 Stat. 1100; Pub. L. 94–309, § 6, June 5, 1976, 90 Stat. 684; Pub. L. 95–567, title IV, § 401, Nov. 2, 1978, 92 Stat. 2422; Pub. L. 97–35, title XII, § 1234(b), Aug. 13, 1981, 95 Stat. 736; Pub. L. 101–437, title II, § 203(b), Oct. 17, 1990, 104 Stat. 1000; Pub. L. 104–316, title I, § 126(a), Oct. 19, 1996, 110 Stat. 3840.) Editorial Notes REFERENCES IN TEXT This part, referred to in provision preceding par. (1), commences with section 390 of this title. PRIOR PROVISIONS A prior section 397, act June 19, 1934, ch. 652, title III, § 397, as added May 1, 1962, Pub. L. 87–447, 76 Stat. 67, was renumbered section 398 by Pub. L. 90–129, and is classified to section 398 of this title. AMENDMENTS 1996—Par. (9). Pub. L. 104–316, in closing provisions, struck out ‘‘and approved by the Comptroller General pursuant to section 396(g)(5) of this title’’ after ‘‘by the Corporation’’ and ‘‘with respect to such services pro- vided to public telecommunications entities after such standards are approved by the Comptroller General and only’’ before ‘‘, with respect to such an entity’’. 1990—Par. (2). Pub. L. 101–437, § 203(b)(1), substituted ‘‘subpart D’’ for ‘‘subpart C’’. Par. (15). Pub. L. 101–437, § 203(b)(2), inserted ‘‘and sub- part B’’ after ‘‘subpart A’’ and substituted ‘‘subpart C, subpart D’’ for ‘‘subpart B, subpart C’’. 1981—Par. (15). Pub. L. 97–35 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Wel- fare’’. 1978—Pub. L. 95–567, revised definition of ‘‘construc- tion’’, ‘‘corporation’’, ‘‘interconnection’’, ‘‘noncommer- cial educational broadcast station’’, ‘‘non-Federal fi- nancial support’’, ‘‘Secretary’’ and ‘‘State’’, inserted definitions of ‘‘meeting’’, ‘‘interconnection system’’, ‘‘noncommercial telecommunications entity’’, ‘‘preoperational expenses’’, ‘‘public telecommuni- cations entity’’, ‘‘public telecommunications facili- ties’’, and ‘‘public telecommunications services’’, and deleted definitions of ‘‘educational television or radio programs’’ and ‘‘State educational television agency’’ in order to make such definitions consistent with the chapter as amended. 1976—Par. (2). Pub. L. 94–309 substituted ‘‘trans- mission and reception apparatus’’ for ‘‘transmission ap- paratus’’ and ‘‘closed circuit television or radio pro- grams’’ for ‘‘closed circuit television programs’’ and in- serted in parenthetical text reference to non-video re- cording equipment, radio subcarrier receivers and sat- ellite transceivers. 1975—Pars. (10), (11). Pub. L. 94–192 added pars. (10) and (11). 1967—Par. (1). Pub. L. 90–129, § 105(a), included the Vir- gin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands in definition of ‘‘State’’. Par. (2). Pub. L. 90–129, §§ 103(f)(1), 106, provided for ap- plication of term ‘‘construction’’ to educational radio broadcasting facilities and defined such term to include acquisition and installation of transmission apparatus necessary for radio broadcasting, and included costs of planning, respectively. Par. (4). Pub. L. 90–129, §§ 103(f)(2), 105(b), substituted ‘‘The terms ‘State educational television agency’ and ‘State educational radio agency’ mean, with respect to television broadcasting and radio broadcasting, respec- tively,’’ for ‘‘The term ‘State educational television agency’ means’’ and ‘‘such broadcasting’’ for ‘‘edu- cational television’’ in cls. (A) and (B), and defined ‘‘Governor’’ to include the High Commissioner of the Trust Territory of the Pacific Islands, respectively. Pars. (6) to (9). Pub. L. 90–129, § 201(6), added pars. (6) to (9). Statutory Notes and Related Subsidiaries 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. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 398. Federal interference or control (a) Prohibition Nothing contained in this part shall be deemed (1) to amend any other provision of, or require- ment under, this chapter; or (2) except to the ex- tent authorized in subsection (b), to authorize any department, agency, officer, or employee of the United States to exercise any direction, su- pervision, or control over public telecommuni- cations, or over the Corporation or any of its grantees or contractors, or over the charter or bylaws of the Corporation, or over the cur- riculum, program of instruction, or personnel of any educational institution, school system, or public telecommunications entity. (b) Equal opportunity employment (1) Equal opportunity in employment shall be afforded to all persons by the Public Broad- casting Service and National Public Radio (or any successor organization) and by all public telecommunications entities receiving funds pursuant to subpart C 1 (hereinafter in this sub- section referred to as ‘‘recipients’’), in accord- ance with the equal employment opportunity regulations of the Commission, and no person shall be subjected to discrimination in employ- ment by any recipient on the grounds of race, color, religion, national origin, or sex. (2)(A) The Secretary is authorized and directed to enforce this subsection and to prescribe such Page 251 TITLE 47—TELECOMMUNICATIONS § 398 rules and regulations as may be necessary to carry out the functions of the Secretary under this subsection. (B) The Secretary shall provide for close co- ordination with the Commission in the adminis- tration of the responsibilities of the Secretary under this subsection which are of interest to or affect the functions of the Commission so that, to the maximum extent possible consistent with the enforcement responsibilities of each, the re- porting requirements of public telecommuni- cations entities shall be uniformly based upon consistent definitions and categories of informa- tion. (3)(A) The Corporation shall incorporate into each grant agreement or contract with any re- cipient entered into on or after the effective date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A), a statement indicating that, as a material part of the terms and conditions of the grant agreement or contract, the recipient will comply with the provisions of paragraph (1) and the rules and regulations prescribed pursuant to paragraph (2)(A). Any person which desires to be a recipi- ent (within the meaning of paragraph (1)) of funds under subpart C 1 shall, before receiving any such funds, provide to the Corporation any information which the Corporation may require to satisfy itself that such person is affording equal opportunity in employment in accordance with the requirements of this subsection. Deter- minations made by the Corporation in accord- ance with the preceding sentence shall be based upon guidelines relating to equal opportunity in employment which shall be established by rule by the Secretary. (B) If the Corporation is not satisfied that any such person is affording equal opportunity in employment in accordance with the require- ments of this subsection, the Corporation shall notify the Secretary, and the Secretary shall re- view the matter and make a final determination regarding whether such person is affording equal opportunity in employment. In any case in which the Secretary conducts a review under the preceding sentence, the Corporation shall make funds available to the person involved pur- suant to the grant application of such person (if the Corporation would have approved such appli- cation but for the finding of the Corporation under this paragraph) pending a final determina- tion of the Secretary upon completion of such review. The Corporation shall monitor the equal employment opportunity practices of each re- cipient throughout the duration of the grant or contract. (C) The provisions of subparagraph (A) and subparagraph (B) shall take effect on the effec- tive date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A). (4) Based upon its responsibilities under para- graph (3), the Corporation shall provide an an- nual report for the preceding fiscal year ending September 30 to the Secretary on or before the 15th day of February of each year. The report shall contain information in the form required by the Secretary. The Corporation shall provide other information in the form which the Sec- retary may require in order to carry out the functions of the Secretary under this sub- section. (5) Whenever the Secretary makes a final de- termination, pursuant to the rules and regula- tions which the Secretary shall prescribe, that a recipient is not in compliance with paragraph (1), the Secretary shall, within 10 days after such determination, notify the recipient in writ- ing of such determination and request the re- cipient to secure compliance. Unless the recipi- ent within 120 days after receipt of such written notice— (A) demonstrates to the Secretary that the violation has been corrected; or (B) enters into a compliance agreement ap- proved by the Secretary; the Secretary shall direct the Corporation to re- duce or suspend any further payments of funds under this part to the recipient and the Corpora- tion shall comply with such directive. Resump- tion of payments shall take place only when the Secretary certifies to the Corporation that the recipient has entered into a compliance agree- ment approved by the Secretary. A recipient whose funds have been reduced or suspended under this paragraph may apply at any time to the Secretary for such certification. (c) Control over content or distribution of pro- grams Nothing in this section shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the con- tent or distribution of public telecommuni- cations programs and services, or over the cur- riculum or program of instruction of any edu- cational institution or school system. (June 19, 1934, ch. 652, title III, § 398, formerly § 397, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67; renumbered § 398 and amended Pub. L. 90–129, title I, § 103(g), title II, § 201(3), (5), Nov. 7, 1967, 81 Stat. 367, 368; Pub. L. 95–567, title III, § 309, Nov. 2, 1978, 92 Stat. 2420; Pub. L. 100–626, § 9(b), Nov. 7, 1988, 102 Stat. 3211; Pub. L. 115–141, div. P, title IV, § 402(i)(9), Mar. 23, 2018, 132 Stat. 1090.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsecs. (a) and (b)(5), com- mences with section 390 of this title. This chapter, referred to in subsec. (a), 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 com- plete classification of this Act to the Code, see section 609 of this title and Tables. Subpart C, referred to in subsec. (b)(1), (3)(A), was re- designated subpart D by Pub. L. 101–437, title II, § 203(a)(2), Oct. 17, 1990, 104 Stat. 998. AMENDMENTS 2018—Subsec. (b)(4). Pub. L. 115–141 struck out ‘‘The Corporation shall submit a summary of such report to the President and the Congress as part of the report re- quired in section 396(i) of this title.’’ after ‘‘by the Sec- retary.’’. 1988—Subsec. (b)(1). Pub. L. 100–626, § 9(b), inserted ‘‘in accordance with the equal employment opportunity regulations of the Commission,’’ before ‘‘and no per- son’’. 1978—Pub. L. 95–567 designated existing provisions as subsec. (a), substituted ‘‘public telecommunications en- tity’’ and ‘‘public telecommunications’’ for ‘‘edu- Page 252 TITLE 47—TELECOMMUNICATIONS § 399 cational broadcasting station or system’’ and ‘‘edu- cational television or radio broadcasting’’, respec- tively, and added subsecs. (b) and (c). 1967—Pub. L. 90–129, §§ 103(g), 201(5), inserted ‘‘or radio’’ and ‘‘, or over the Corporation or any of its grantees or contractors, or over the charter or bylaws of the Corporation,’’ before and after ‘‘broadcasting’’, where first appearing, respectively. Statutory Notes and Related Subsidiaries 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. § 399. Support of political candidates prohibited No noncommercial educational broadcasting station may support or oppose any candidate for political office. (June 19, 1934, ch. 652, title III, § 399, as added Pub. L. 90–129, title II, § 201(8), Nov. 7, 1967, 81 Stat. 368; amended Pub. L. 93–84, § 2, Aug. 6, 1973, 87 Stat. 219; Pub. L. 94–309, § 7, June 5, 1976, 90 Stat. 685; Pub. L. 97–35, title XII, § 1229, Aug. 13, 1981, 95 Stat. 730; Pub. L. 100–626, § 10, Nov. 7, 1988, 102 Stat. 3211.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–626, in section catchline, substituted ‘‘Support of’’ for ‘‘Editorializing and support of’’, and in text, struck out provisions which prohibited edito- rializing by noncommercial educational broadcasting station which receives grant from Corporation under subpart C of this part. 1981—Pub. L. 97–35 revised subsec. (a) into existing provisions and, as so revised, added requirement re- specting grant under subpart C of this part, and struck out subsec. (b), which related to program recording of broadcasts where issues of public importance are dis- cussed. 1976—Subsec. (b)(5). Pub. L. 94–309 added par. (5). 1973—Pub. L. 93–84 designated existing provisions as subsec. (a) and added subsec. (b). § 399a. Use of business or institutional logograms (a) ‘‘Business or institutional logogram’’ defined For purposes of this section, the term ‘‘busi- ness or institutional logogram’’ means any aural or visual letters or words, or any symbol or sign, which is used for the exclusive purpose of identifying any corporation, company, or other organization, and which is not used for the purpose of promoting the products, services, or facilities of such corporation, company, or other organization. (b) Permitted uses Each public television station and each public radio station shall be authorized to broadcast announcements which include the use of any business or institutional logogram and which in- clude a reference to the location of the corpora- tion, company, or other organization involved, except that such announcements may not inter- rupt regular programming. (c) Authority of Commission not limited The provisions of this section shall not be con- strued to limit the authority of the Commission to prescribe regulations relating to the manner in which logograms may be used to identify cor- porations, companies, or other organizations. (June 19, 1934, ch. 652, title III, § 399A, as added Pub. L. 97–35, title XII, § 1230, Aug. 13, 1981, 95 Stat. 730.) § 399b. Offering of certain services, facilities, or products by public broadcast station (a) ‘‘Advertisement’’ defined For purposes of this section, the term ‘‘adver- tisement’’ means any message or other program- ming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended— (1) to promote any service, facility, or prod- uct offered by any person who is engaged in such offering for profit; (2) to express the views of any person with respect to any matter of public importance or interest; or (3) to support or oppose any candidate for political office. (b) Offering of services, facilities, or products permitted; advertisements prohibited (1) Except as provided in paragraph (2), each public broadcast station shall be authorized to engage in the offering of services, facilities, or products in exchange for remuneration. (2) No public broadcast station may make its facilities available to any person for the broad- casting of any advertisement. (c) Use of funds from offering services, etc. Any public broadcast station which engages in any offering specified in subsection (b)(1) may not use any funds distributed by the Corporation under section 396(k) of this title to defray any costs associated with such offering. Any such of- fering by a public broadcast station shall not interfere with the provision of public tele- communications services by such station. (d) Development of accounting system Each public broadcast station which engages in the activity specified in subsection (b)(1) shall, in consultation with the Corporation, de- velop an accounting system which is designed to identify any amounts received as remuneration for, or costs related to, such activities under this section, and to account for such amounts separately from any other amounts received by such station from any source. (June 19, 1934, ch. 652, title III, § 399B, as added Pub. L. 97–35, title XII, § 1231, Aug. 13, 1981, 95 Stat. 731.) SUBCHAPTER IV—PROCEDURAL AND ADMINISTRATIVE PROVISIONS § 401. Enforcement provisions (a) Jurisdiction The district courts of the United States shall have jurisdiction, upon application of the Attor- ney General of the United States at the request of the Commission, alleging a failure to comply with or a violation of any of the provisions of this chapter by any person, to issue a writ or writs of mandamus commanding such person to comply with the provisions of this chapter.