47 U.S.C. § 385 — Inspections

Page 227 TITLE 47—TELECOMMUNICATIONS § 385 amending sections 153 and 504 of this title] shall take effect March 1, 1957.’’ § 382. Vessels excepted from radiotelephone re- quirement The provisions of this part shall not apply to— (1) vessels which are equipped with a radio installation in accordance with the provisions of part II of this subchapter, or in accordance with the radio requirements of the Safety Con- vention; and (2) vessels of the United States belonging to and operated by the Government, and (3) vessels navigating on the Great Lakes. (June 19, 1934, ch. 652, title III, § 382, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(B), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104–104, title IV, § 403(h)(2), Feb. 8, 1996, 110 Stat. 131.) Editorial Notes REFERENCES IN TEXT Part II of this subchapter, referred to in par. (1), is classified to section 351 et seq. of this title. AMENDMENTS 1996—Par. (2). Pub. L. 104–104 struck out ‘‘except a vessel of the United States Maritime Administration, the Inland and Coastwise Waterways Service, or the Panama Canal Company,’’ after ‘‘the Government,’’. 1994—Pub. L. 103–414 inserted section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. § 383. Exemptions by Commission The Commission shall exempt from the provi- sions of this part any vessel, or class of vessels, in the case of which the route or conditions of the voyage, or other conditions or cir- cumstances, are such as to render a radio instal- lation unreasonable, unnecessary, or ineffective, for the purposes of this chapter. (June 19, 1934, ch. 652, title III, § 383, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(C), Oct. 25, 1994, 108 Stat. 4295.) 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 1994—Pub. L. 103–414 inserted section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. § 384. Authority of Commission; operations, in- stallations, and additional equipment The Commission shall have authority with re- spect to any vessel subject to this part— (1) to specify operating and technical condi- tions and characteristics including fre- quencies, emissions, power, communication capability and range, of installations required by reason of this part; (2) to approve the details as to the location and manner of installation of the equipment required by this part or of equipment neces- sitated by reason of the purposes and require- ments of this part; (3) to approve installations, apparatus and spare parts necessary to comply with the pur- poses and requirements of this part; (4) to prescribe such additional equipment as may be determined to be necessary to supple- ment that specified herein for the proper func- tioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress. (June 19, 1934, ch. 652, title III, § 384, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(D), Oct. 25, 1994, 108 Stat. 4295.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–414 inserted section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. § 385. Inspections The Commission or an entity designated by the Commission shall make such inspections as may be necessary to insure compliance with the requirements of this part. In accordance with such other provisions of law as apply to Govern- ment contracts, the Commission may enter into contracts with any person for the purpose of car- rying out such inspections and certifying com- pliance with those requirements, and may, as part of any such contract, allow any such person to accept reimbursement from the license holder for travel and expense costs of any employee conducting an inspection or certification. (June 19, 1934, ch. 652, title III, § 385, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(E), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104–104, title IV, § 403(o), Feb. 8, 1996, 110 Stat. 132.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–104 inserted ‘‘or an entity des- ignated by the Commission’’ after ‘‘The Commission’’ and inserted at end ‘‘In accordance with such other pro- visions of law as apply to Government contracts, the Commission may enter into contracts with any person for the purpose of carrying out such inspections and certifying compliance with those requirements, and may, as part of any such contract, allow any such per- son to accept reimbursement from the license holder for travel and expense costs of any employee con- ducting an inspection or certification.’’ 1994—Pub. L. 103–414 inserted section catchline. Page 228 TITLE 47—TELECOMMUNICATIONS § 386 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. § 386. Forfeitures The following forfeitures shall apply to this part in addition to penalties and forfeitures pro- vided by subchapter V of this chapter: (a) Any vessel of the United States that is navigated in violation of the provisions of this part or of the rules and regulations of the Com- mission made in pursuance thereof shall forfeit to the United States the sum of $5,000 recover- able by way of suit or libel. Each day during which such navigation occurs shall constitute a separate offense. (b) Every willful failure on the part of the master of a vessel of the United States to en- force or to comply with the provisions of this part or the rules and regulations of the Commis- sion made in pursuance thereof shall cause him to forfeit to the United States the sum of $1,000. (June 19, 1934, ch. 652, title III, § 386, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 101–239, title III, § 3002(h), Dec. 19, 1989, 103 Stat. 2131; Pub. L. 103–414, title III, § 303(a)(20)(F), Oct. 25, 1994, 108 Stat. 4295.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–414 inserted section catchline. 1989—Subsec. (a). Pub. L. 101–239, § 3002(h)(1), sub- stituted ‘‘$5,000’’ for ‘‘$500’’. Subsec. (b). Pub. L. 101–239, § 3002(h)(2), substituted ‘‘$1,000’’ for ‘‘$100’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. PART IV—ASSISTANCE FOR PLANNING AND CON- STRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRA- TIONS; CORPORATION FOR PUBLIC BROAD- CASTING; GENERAL PROVISIONS SUBPART A—ASSISTANCE FOR PLANNING AND CON- STRUCTION OF PUBLIC TELECOMMUNICATIONS FACILITIES § 390. Declaration of purpose The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications fa- cilities in order to achieve the following objec- tives: (1) extend delivery of public telecommuni- cations services to as many citizens of the United States as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) in- crease public telecommunications services and facilities available to, operated by, and owned by minorities and women; and (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public. (June 19, 1934, ch. 652, title III, § 390, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 64; amended Pub. L. 90–129, title I, § 103(a), title II, § 201(2), Nov. 7, 1967, 81 Stat. 365, 367; Pub. L. 94–309, § 2(c), June 5, 1976, 90 Stat. 683; Pub. L. 95–567, title I, § 101, Nov. 2, 1978, 92 Stat. 2405.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–567 expanded scope of section to au- thorize construction financing for telecommunications facilities other than television and radio broadcasting, and assistance in the planning, as well as the construc- tion, of such facilities, and substituted provisions relat- ing to the objectives of this subpart for former provi- sion relating to the demonstration of the use of tele- communication technologies for the distribution of in- formation. 1976—Pub. L. 94–309 designated existing phrase relat- ing to assistance in the construction of noncommercial educational broadcasting facilities as cl. (1) and added cl. (2). 1967—Pub. L. 90–129 inserted ‘‘noncommercial’’ and ‘‘or radio’’ and substituted ‘‘subpart’’ for ‘‘part’’, re- spectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–567, title IV, § 403, Nov. 2, 1978, 92 Stat. 2424, provided that: ‘‘The provisions of this Act [enacting section 395 of this title, amending this section and sec- tions 391, 392, 393, 394, and 396 to 398 of this title, repeal- ing sections 392a and 395 of this title, and enacting pro- visions set out as notes under this section, sections 392 and 396 of this title, and section 5316 of Title 5, Govern- ment Organization and Employees], and the amend- ments made by this Act, shall take effect on the date of the enactment of this Act [Nov. 2, 1978].’’ GRANTS Pub. L. 100–584, § 3, Nov. 3, 1988, 102 Stat. 2970, pro- vided that the Administrator would enter into discus- sions with the Federal Communications Commission for the purposes of determining the feasibility of awarding public telecommunications facilities program grants for low-power television stations and television translator stations on a conditional basis pending the award by the Commission of licenses for such stations, and would work with the Commission to establish a schedule for the expedited and coordinated consider- ation of future grant requests and license applications for low-power television stations, and within 90 days after Nov. 3, 1988, report to Congress on the progress made in carrying out this section. STUDY OF EDUCATIONAL AND INSTRUCTIONAL BROADCASTING Pub. L. 90–129, title III, §§ 301–303, Nov. 7, 1967, 81 Stat. 373, authorized the Secretary of Health, Education, and Welfare to conduct, directly or by contract, and in con- sultation with other interested Federal agencies, a comprehensive study of instructional television and radio (including broadcast, closed circuit, community antenna television, and instructional television fixed services and two-way communication of data links and computers) and their relationship to each other and to instructional materials such as videotapes, films, discs, computers, and other educational materials or devices, and such other aspects thereof as may be of assistance in determining whether and what Federal aid should be provided for instructional radio and television and the form that aid should take, and which may aid commu- nities, institutions, or agencies in determining whether and to what extent such activities should be used. The study was required to be submitted to the President for transmittal to the Congress on or before June 30, 1969.