47 U.S.C. § 303b — Consideration of children’s television

Page 137 TITLE 47—TELECOMMUNICATIONS § 305 television programming and advertising that take into consideration the characteristics of this child audience; and ‘‘(6) it is therefore necessary that the Federal Com- munications Commission (hereinafter referred to as the ‘Commission’) take the actions required by this title [enacting sections 303a and 303b of this title].’’ § 303b. Consideration of children’s television service in broadcast license renewal (a) After the standards required by section 303a of this title are in effect, the Commission shall, in its review of any application for re- newal of a commercial or noncommercial tele- vision broadcast license, consider the extent to which the licensee— (1) has complied with such standards; and (2) has served the educational and informa- tional needs of children through the licensee’s overall programming, including programming specifically designed to serve such needs. (b) In addition to consideration of the licens- ee’s programming as required under subsection (a), the Commission may consider— (1) any special nonbroadcast efforts by the licensee which enhance the educational and informational value of such programming to children; and (2) any special efforts by the licensee to produce or support programming broadcast by another station in the licensee’s marketplace which is specifically designed to serve the edu- cational and informational needs of children. (Pub. L. 101–437, title I, § 103, Oct. 17, 1990, 104 Stat. 997; Pub. L. 102–356, § 15, Aug. 26, 1992, 106 Stat. 954; Pub. L. 103–414, title III, § 303(c), Oct. 25, 1994, 108 Stat. 4296.) Editorial Notes CODIFICATION Section was enacted as part of the Children’s Tele- vision Act of 1990, and not as part of the Communica- tions Act of 1934 which comprises this chapter. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–414 substituted ‘‘non- commercial’’ for ‘‘noncommerical’’. 1992—Subsec. (a). Pub. L. 102–356 inserted reference to commercial or noncommercial television broadcast li- censes. § 303c. Television program improvement (a) Short title This section may be cited as the ‘‘Television Program Improvement Act of 1990’’. (b) Definitions For purposes of this section— (1) the term ‘‘antitrust laws’’ has the mean- ing given it in subsection (a) of section 12 of title 15, except that such term includes section 45 of title 15 to the extent that section 45 of title 15 applies to unfair methods of competi- tion; (2) the term ‘‘person in the television indus- try’’ means a television network, any entity which produces programming (including theat- rical motion pictures) for telecasting or tele- casts programming, the National Cable Tele- vision Association, the Association of Inde- pendent Television Stations, Incorporated, the National Association of Broadcasters, the Mo- tion Picture Association of America, the Com- munity Antenna Television Association, and each of the networks’ affiliate organizations, and shall include any individual acting on be- half of such person; and (3) the term ‘‘telecast’’ means— (A) to broadcast by a television broadcast station; or (B) to transmit by a cable television sys- tem or a satellite television distribution service. (c) Exemption The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of, and limited to, de- veloping and disseminating voluntary guidelines designed to alleviate the negative impact of vio- lence in telecast material. (d) Limitations (1) The exemption provided in subsection (c) shall not apply to any joint discussion, consider- ation, review, action, or agreement which re- sults in a boycott of any person. (2) The exemption provided in subsection (c) shall apply only to any joint discussion, consid- eration, review, action, or agreement engaged in only during the 3-year period beginning on De- cember 1, 1990. (Pub. L. 101–650, title V, § 501, Dec. 1, 1990, 104 Stat. 5127.) Editorial Notes CODIFICATION Section was enacted as part of the Television Pro- gram Improvement Act of 1990 and also as part of the Judicial Improvements Act of 1990, and not as part of the Communications Act of 1934 which comprises this chapter. § 304. Waiver by license of claims to particular frequency or of electromagnetic spectrum No station license shall be granted by the Commission until the applicant therefor shall have waived any claim to the use of any par- ticular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. (June 19, 1934, ch. 652, title III, § 304, 48 Stat. 1083; Pub. L. 97–259, title I, § 127(a), Sept. 13, 1982, 96 Stat. 1099; Pub. L. 102–538, title II, § 204(a), Oct. 27, 1992, 106 Stat. 3543.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–538 substituted ‘‘waived’’ for ‘‘signed a waiver of’’. 1982—Pub. L. 97–259 substituted ‘‘electromagnetic spectrum’’ for ‘‘ether’’. § 305. Government owned stations (a) Frequencies; compliance with regulations; stations on vessels Radio stations belonging to and operated by the United States shall not be subject to the