47 U.S.C. § 327 — Naval stations; use for commercial mes-

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 Page 181 TITLE 47—TELECOMMUNICATIONS § 330 subject to review and revision by the Commis- sion, to use all radio stations and apparatus, wherever located, owned by the United States and under the control of the Navy Department, (a) for the reception and transmission of press messages offered by any newspaper published in the United States, its Territories or possessions, or published by citizens of the United States in foreign countries, or by any press association of the United States, and (b) for the reception and transmission of private commercial messages between ships, between ship and shore, between localities in Alaska and between Alaska and the continental United States: Provided, That the rates fixed for the reception and transmission of all such messages, other than press messages be- tween the Pacific coast of the United States, Hawaii, Alaska, Guam, American Samoa, the Philippine Islands, and the Orient, and between the United States and the Virgin Islands, shall not be less than the rates charged by privately owned and operated stations for like messages and service: Provided further, That the right to use such stations for any of the purposes named in this section shall terminate and cease as be- tween any countries or localities or between any locality and privately operated ships whenever privately owned and operated stations are capa- ble of meeting the normal communication re- quirements between such countries or localities or between any locality and privately operated ships, and the Commission shall have notified the Secretary of the Navy thereof. (June 19, 1934, ch. 652, title III, § 327, 48 Stat. 1091.) Editorial Notes REFERENCES IN TEXT The Philippine Islands, referred to in text, were granted their independence by Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, issued pursuant to sec- tion 1394 of Title 22, Foreign Relations and Intercourse, and set out under that section. They are now known as the Republic of the Philippines. § 328. Repealed. Pub. L. 103–414, title III, § 304(a)(10), Oct. 25, 1994, 108 Stat. 4297 Section, act June 19, 1934, ch. 652, title III, § 328, 48 Stat. 1092; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related to representation of Canal Zone in international radio matters by Secretary of State. § 329. Administration of radio laws in Territories and possessions The Commission is authorized to designate any officer or employee of any other department of the Government on duty in any Territory or possession of the United States to render therein such service in connection with the administra- tion of this chapter as the Commission may pre- scribe and also to designate any officer or em- ployee of any other department of the Govern- ment to render such services at any place within the United States in connection with the admin- istration of this subchapter as may be nec- essary: Provided, That such designation shall be approved by the head of the department in which such person is employed. (June 19, 1934, ch. 652, title III, § 329, 48 Stat. 1092; May 20, 1937, ch. 229, § 9, 50 Stat. 191.) 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 1937—Act May 20, 1937, struck out provisions which prohibited designation of officers and employees in the Philippine Islands and Canal Zone and inserted provi- sions permitting designation of officers and employees within the United States. § 330. Prohibition against shipment of certain tel- evision receivers (a) No person shall ship in interstate com- merce, or import from any foreign country into the United States, for sale or resale to the pub- lic, apparatus described in subsection (s) of sec- tion 303 of this title unless it complies with rules prescribed by the Commission pursuant to the authority granted by that subsection: Pro- vided, That this section shall not apply to car- riers transporting such apparatus without trad- ing in it. (b) No person shall ship in interstate com- merce, manufacture, assemble, or import from any foreign country into the United States, any apparatus described in section 303(u) and (z) of this title except in accordance with rules pre- scribed by the Commission pursuant to the au- thority granted by that section. Such rules shall provide performance and display standards for such built-in decoder circuitry or capability de- signed to display closed captioned video pro- gramming, the transmission and delivery of video description services, and the conveyance of emergency information as required by section 303 of this title. Such rules shall further require that all such apparatus be able to receive and display closed captioning which have been trans- mitted by way of line 21 of the vertical blanking interval and which conform to the signal and display specifications set forth in the Public Broadcasting System engineering report num- bered E–7709–C dated May 1980, as amended by the Telecaption II Decoder Module Performance Specification published by the National Cap- tioning Institute, November 1985. As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that closed-captioning service and video description service continue to be available to consumers. This subsection shall not apply to carriers transporting such appa- ratus without trading it. (c)(1) Except as provided in paragraph (2), no person shall ship in interstate commerce or manufacture in the United States any apparatus described in section 303(x) of this title except in accordance with rules prescribed by the Com- mission pursuant to the authority granted by that section. (2) This subsection shall not apply to carriers transporting apparatus referred to in paragraph (1) without trading in it. (3) The rules prescribed by the Commission under this subsection shall provide for the over-