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.
Codification
Enactment of subsec. (w) by [Pub. L. 104–104, § 551(b)(1)], did not become effective pursuant to [Pub. L. 104–104, § 551(e)(1)], because the Federal Communications Commission on Mar. 12, 1998, adopted an order finding acceptable the video programming rating system currently in voluntary use. See 1996 Amendment note and Effective Date of 1996 Amendment note below.
In subsec. (l)(3), “subchapter II of chapter 5, and chapter 7, of title 5” substituted for “the Administrative Procedure Act” on authority of [Pub. L. 89–554, § 7(b)], Sept. 6, 1966, [80 Stat. 631], the first section of which enacted Title 5, Government Organization and Employees.
Amendments
2010—Subsec. (u). [Pub. L. 111–260, § 203(a)], amended subsec. (u) generally. Prior to amendment, subsec. (u) read as follows: “Require that apparatus designed to receive television pictures broadcast simultaneously with sound be equipped with built-in decoder circuitry designed to display closed-captioned television transmissions when such apparatus is manufactured in the United States or imported for use in the United States, and its television picture screen is 13 inches or greater in size.”
Subsec. (z). [Pub. L. 111–260, § 203(b)], added subsec. (z).
Subsec. (aa). [Pub. L. 111–260, § 204(a)], added subsec. (aa).
Subsec. (aa)(3). [Pub. L. 111–265, § 2(12)], substituted “for activating” for “by activating”.
Subsec. (bb). [Pub. L. 111–265, § 2(15)], struck out concluding provisions which read as follows: “With respect to apparatus features and functions delivered in software, the requirements set forth in this subsection shall apply to the manufacturer of such software. With respect to apparatus features and functions delivered in hardware, the requirements set forth in this subsection shall apply to the manufacturer of such hardware.”
[Pub. L. 111–260, § 205(a)], added subsec. (bb).
Subsec. (bb)(3). [Pub. L. 111–265, § 2(13)]–(15), added par. (3).
1997—Subsec. (y). [Pub. L. 105–33] added subsec. (y).
1996—Subsec. (f). [Pub. L. 104–104, § 403(g)], struck out “, after a public hearing,” after “unless”.
Subsec. (v). [Pub. L. 104–104, § 205(b)], added subsec. (v).
Subsec. (w). [Pub. L. 104–104, § 551(b)(1)], which did not become effective, directed the insertion of subsec. (w) reading as follows: “Prescribe—
“(1) on the basis of recommendations from an advisory committee established by the Commission in accordance with section 551(b)(2) of the Telecommunications Act of 1996, guidelines and recommended procedures for the identification and rating of video programming that contains sexual, violent, or other indecent material about which parents should be informed before it is displayed to children: Provided, That nothing in this paragraph shall be construed to authorize any rating of video programming on the basis of its political or religious content; and
“(2) with respect to any video programming that has been rated, and in consultation with the television industry, rules requiring distributors of such video programming to transmit such rating to permit parents to block the display of video programming that they have determined is inappropriate for their children.”
See Codification note above and Effective Date of 1996 Amendment note below.
Subsec. (x). [Pub. L. 104–104, § 551(c)], added subsec. (x).
1992—Subsec. (q). [Pub. L. 102–538] inserted “, and the tower owner in any case in which the owner is not the permittee or licensee,” after “permittee or licensee”.
1990—Subsec. (l)(3). [Pub. L. 101–396] substituted “multilateral or bilateral agreement, to which the United States and the alien’s government are parties,” for “bilateral agreement between the United States and the alien’s government”.
Subsec. (u). [Pub. L. 101–431] added subsec. (u).
1982—Subsec. (l)(1). [Pub. L. 97–259, § 109], substituted “persons who are found to be qualified by the commission and who otherwise are legally eligible for employment in the United States” for “such citizens or nationals of the United States, or citizens of the Trust Territory of the Pacific Islands presenting valid identity certificates issued by the High Commissioner of such Territory, as the Commission finds qualified”, and substituted provision that the requirement relating to eligibility for employment in the United States shall not apply in the case of licenses issued by the Commission to (A) persons holding United States pilot certificates; or (B) persons holding foreign aircraft pilot certificates which are valid in the United States, if the foreign government involved has entered into a reciprocal agreement under which such foreign government does not impose any similar requirement relating to eligibility for employment upon citizens of the United States for provision that in issuing licenses for the operation of radio stations on aircraft the Commission, if it found that the public interest would be served thereby, could waive the requirement of citizenship in the case of persons holding United States pilot certificates or in the case of persons holding foreign aircraft pilot certificates which were valid in the United States on the basis of reciprocal agreements entered into with foreign governments.
Subsec. (m)(1)(A). [Pub. L. 97–259, § 110], inserted “, or caused, aided, or abetted the violation of,” after “violated”.
Subsec. (n). [Pub. L. 97–259, § 113(b)], inserted “, or which the Commission by rule has authorized to operate without a license under section 307(e)(1) of this title,” after “licensed by any Act”.
Subsec. (t). [Pub. L. 97–259, § 111(a)], added subsec. (t).
1974—Subsec. (l)(2). [Pub. L. 93–505] substituted provisions relating to issuance, notwithstanding par. (1) of this subsection, to an individual to whom a radio station is licensed under this chapter of an operator’s license to operate that station, for provisions relating to issuance by the Commission of authorizations, under terms and conditions, for aliens licensed as amateur radio operators by their governments to operate in the United States, possessions, and Puerto Rico upon meeting specified preconditions.
Subsec. (l)(3). [Pub. L. 93–505] substituted provisions relating to issuance of authorizations for aliens licensed by their governments as amateur radio operators to operate their radio stations in the United States, possessions, and Puerto Rico, under terms and conditions prescribed by the Commission and upon meeting specified preconditions, for provisions relating to issuance of licenses by the Commission, notwithstanding par. (1) of this subsection, to aliens admitted to the United States as permanent residents.
1971—Subsec. (l)(3). [Pub. L. 92–81] added par. (3).
1965—Subsec. (q). [Pub. L. 89–268] required abandoned or unused radio towers to continue to meet the same painting and lighting requirements that would be applicable if such towers were being used in connection with transmission of radio energy pursuant to a license issued by the Commission and authorized the Commission to direct dismantlement of such towers when the Administrator of the Federal Aviation Agency determines that there is a reasonable possibility that they may constitute a menace to air navigation.
1964—Subsec. (l). [Pub. L. 88–487] inserted “or citizens of the Trust Territory of the Pacific Islands presenting valid identity certificates issued by the High Commissioner of such Territory”.
[Pub. L. 88–313] designated existing provisions of subsec. (l) as par. (1), and added par. (2).
1962—Subsec. (l). [Pub. L. 87–445] inserted “or nationals” after “citizens”.
Subsec. (s). [Pub. L. 87–529] added subsec. (s).
1958—Subsec. (l). [Pub. L. 85–817] authorized Commission to waive citizenship requirement in issuing licenses for operation of radio stations on aircraft.
1937—Subsecs. (m), (n). Act May 20, 1937, §§ 5, 6(a), amended subsecs. (m) and (n) generally.
Subsec. (r). Act May 20, 1937, § 6(b), added subsec. (r).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
[Pub. L. 104–104, title V, § 551(e)], Feb. 8, 1996, [110 Stat. 142], provided that:“(1)
Applicability of rating provision.—
The amendment made by subsection (b) of this section [amending this section] shall take effect 1 year after the date of enactment of this Act [Feb. 8, 1996], but only if the Commission determines [see Codification note above], in consultation with appropriate public interest groups and interested individuals from the private sector, that distributors of video programming have not, by such date—
“(A)
established voluntary rules for rating video programming that contains sexual, violent, or other indecent material about which parents should be informed before it is displayed to children, and such rules are acceptable to the Commission; and
“(B)
agreed voluntarily to broadcast signals that contain ratings of such programming.
“(2)
Effective date of manufacturing provision.—
In prescribing regulations to implement the amendment made by subsection (c) [amending this section], the Federal Communications Commission shall, after consultation with the television manufacturing industry, specify the effective date for the applicability of the requirement to the apparatus covered by such amendment, which date shall not be less than two years after the date of enactment of this Act [Feb. 8, 1996].”
Effective Date of 1992 Amendment
[Pub. L. 102–538, title II, § 210(c)], Oct. 27, 1992, [106 Stat. 3544], provided that: “The amendments made by subsection (a) [amending this section] shall take effect 30 days after the date of enactment of this Act [Oct. 27, 1992].”
Effective Date of 1990 Amendment
[Pub. L. 101–431, § 5], Oct. 15, 1990, [104 Stat. 961], provided that: “Sections 3 and 4 of this Act [amending this section and section 330 of this title] shall take effect on July 1, 1993.”
Regulations
[Pub. L. 111–260, title II, § 203(d)], (e), Oct. 8, 2010, [124 Stat. 2773], provided that:“(d)
Implementing Regulations.—
The Federal Communications Commission shall prescribe such regulations as are necessary to implement the requirements of sections 303(u), 303(z), and 330(b) of the Communications Act of 1934 [
47 U.S.C. 303(u), (z), 330(b)], as amended by this section, including any technical standards, protocols, and procedures needed for the transmission of—
“(1)
closed captioning within 6 months after the submission to the Commission of the Advisory Committee report required by section 201(e)(1) [
47 U.S.C. 613 note]; and
“(2)
video description and emergency information within 18 months after the submission to the Commission of the Advisory Committee report required by section 201(e)(2) [
47 U.S.C. 613 note].
“(e)
Alternate Means of Compliance.—
An entity may meet the requirements of sections 303(u), 303(z), and 330(b) of the Communications Act of 1934 through alternate means than those prescribed by regulations pursuant to subsection (d) if the requirements of those sections are met, as determined by the Commission.”
[For definitions of terms used in section 203(d), (e) of [Pub. L. 111–260], set out above, see [section 206 of Pub. L. 111–260], set out as a note under section 153 of this title.]
[Pub. L. 111–260, title II, § 204(b)]–(d), Oct. 8, 2010, [124 Stat. 2774], provided that:“(b)
Implementing Regulations.—
Within 18 months after the submission to the Commission of the Advisory Committee report required by section 201(e)(2) [
47 U.S.C. 613 note], the Commission shall prescribe such regulations as are necessary to implement the amendments made by subsection (a) [amending this section].
“(c)
Alternate Means of Compliance.—
An entity may meet the requirements of section 303(aa) of the Communications Act of 1934 [
47 U.S.C. 303(aa)] through alternate means than those prescribed by regulations pursuant to subsection (b) if the requirements of those sections are met, as determined by the Commission.
“(d)
Deferral of Compliance with ATSC Mobile DTV Standard A/153.—
A digital apparatus designed and manufactured to receive or play back the Advanced Television Systems Committee’s Mobile DTV Standards A/153 shall not be required to meet the requirements of the regulations prescribed under subsection (b) for a period of not less than 24 months after the date on which the final regulations are published in the Federal Register.”
[For definitions of terms used in section 204(b)–(d) of [Pub. L. 111–260], set out above, see [section 206 of Pub. L. 111–260], set out as a note under section 153 of this title.]
[Pub. L. 111–260, title II, § 205(b)], Oct. 8, 2010, [124 Stat. 2775], provided that:“(1)
In general.—
Within 18 months after the submission to the Commission of the Advisory Committee report required by section 201(e)(2) [
47 U.S.C. 613 note], the Commission shall prescribe such regulations as are necessary to implement the amendment made by subsection (a) [amending this section].
“(2)
Exemption.—
Such regulations may provide an exemption from the regulations for cable systems serving 20,000 or fewer subscribers.
“(3)
Responsibility.—
An entity shall only be responsible for compliance with the requirements added by this section with respect to navigation devices that it provides to a requesting blind or visually impaired individual.
“(4)
Separate equipment or software.—
“(A)
In general.—
Such regulations shall permit but not require the entity providing the navigation device to the requesting blind or visually impaired individual to comply with section 303(bb)(1) of the Communications Act of 1934 [
47 U.S.C. 303(bb)(1)] through that entity’s use of software, a peripheral device, specialized consumer premises equipment, a network-based service or other solution, and shall provide the maximum flexibility to select the manner of compliance.
“(B)
Requirements.—
If an entity complies with section 303(bb)(1) of the Communications Act of 1934 under subparagraph (A), the entity providing the navigation device to the requesting blind or visually impaired individual shall provide any such software, peripheral device, equipment, service, or solution at no additional charge and within a reasonable time to such individual and shall ensure that such software, device, equipment, service, or solution provides the access required by such regulations.
“(5)
User controls for closed captioning.—
Such regulations shall permit the entity providing the navigation device maximum flexibility in the selection of means for compliance with section 303(bb)(2) of the Communications Act of 1934 [
47 U.S.C. 303(bb)(2)] (as added by subsection (a) of this section).
“(6)
Phase-in.—
“(A)
In general.—
The Commission shall provide affected entities with—
“(i)
not less than 2 years after the adoption of such regulations to begin placing in service devices that comply with the requirements of section 303(bb)(2) of the Communications Act of 1934 (as added by subsection (a) of this section); and
“(ii)
not less than 3 years after the adoption of such regulations to begin placing in service devices that comply with the requirements of section 303(bb)(1) of the Communications Act of 1934 (as added by subsection (a) of this section).
“(B)
Application.—
Such regulations shall apply only to devices manufactured or imported on or after the respective effective dates established in subparagraph (A).”
[For definitions of terms used in [section 205(b) of Pub. L. 111–260], set out above, see [section 206 of Pub. L. 111–260], set out as a note under section 153 of this title.]
[Pub. L. 101–431, § 6], Oct. 15, 1990, [104 Stat. 962], provided that: “The Federal Communications Commission shall promulgate rules to implement this Act [amending this section and section 330 of this title and enacting provisions set out as notes under this section and section 609 of this title] within 180 days after the date of its enactment [Oct. 15, 1990].”
[Pub. L. 100–459, title VI, § 608], Oct. 1, 1988, [102 Stat. 2228], directed Federal Communications Commission to promulgate, by Jan. 31, 1989, regulations in accordance with section 1464 of Title 18, Crimes and Criminal Procedure, to enforce the provisions of such section on a 24 hour per day basis, prior to repeal by [Pub. L. 102–356, § 16(b)], Aug. 26, 1992, [106 Stat. 954].
Authorization of Use of Automatic Identification Systems Devices To Mark Fishing Equipment
[Pub. L. 116–283, div. G, title LVXXXIV] [LXXXIV], § 8416, Jan. 1, 2021, [134 Stat. 4727], provided that:“(a)
Definitions.—
In this section—
“(1)
the term ‘Assistant Secretary’ means the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration Administrator;
“(2)
the term ‘Automatic Identification System’ has the meaning given the term in section 164.46(a) of title 33, Code of Federal Regulations, or any successor regulation;
“(3)
the term ‘Automatic Identification System device’ means a covered device that operates in radio frequencies assigned for Automatic Identification System stations;
“(4)
the term ‘Commission’ means the Federal Communications Commission; and
“(5)
the term ‘covered device’ means a device used to mark fishing equipment.
“(b)
Rulemaking Required.—
Not later than 180 days after the date of enactment of this Act [Jan. 1, 2021], the Commission, in coordination with the Assistant Secretary, and in consultation with the Commandant [of the Coast Guard] and the Secretary of State, shall initiate a rulemaking proceeding to consider whether to authorize covered devices to operate in radio frequencies assigned for Automatic Identification System stations.
“(c)
Considerations.—
In conducting the rulemaking under subsection (b), the Commission shall consider whether imposing requirements with respect to the manner in which Automatic Identification System devices are deployed and used would enable the authorization of covered devices to operate in radio frequencies assigned for Automatic Identification System stations consistent with the core purpose of the Automatic Identification System to prevent maritime accidents.”
Local Community Radio
[Pub. L. 111–371], Jan. 4, 2011, [124 Stat. 4072], provided that:“SECTION 1.
SHORT TITLE.
“This Act may be cited as the ‘Local Community Radio Act of 2010’.
“Section 632
of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (
[Public Law 106–553];
[114 Stat. 2762]A–111), is amended to read as follows:
“ ‘Sec. 632. (a) The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99–25, to—
“ ‘(1) prescribe protection for co-channels and first- and second-adjacent channels; and
“ ‘(2) prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 (47 U.S.C. 301).
“ ‘(b) Any license that was issued by the Federal Communications Commission to a low-power FM station prior to April 2, 2001, and that does not comply with the modifications adopted by the Commission in MM Docket No. 99–25 on April 2, 2001, shall remain invalid.’
“SEC. 3.
MINIMUM DISTANCE SEPARATION REQUIREMENTS.
“(a)
In General.—
The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between—
“(1)
low-power FM stations; and
“(2)
full-service FM stations, FM translator stations, and FM booster stations.
“(b)
Restriction.—
“(1)
In general.—
The Federal Communications Commission shall not amend its rules to reduce the minimum co-channel and first- and second-adjacent channel distance separation requirements in effect on the date of enactment of this Act [Jan. 4, 2011] between—
“(A)
low-power FM stations; and
“(B)
full-service FM stations.
“(2)
Waiver.—
“(A)
In general.—
Notwithstanding paragraph (1), the Federal Communications Commission may grant a waiver of the second-adjacent channel distance separation requirement to low-power FM stations that establish, using methods of predicting interference taking into account all relevant factors, including terrain-sensitive propagation models, that their proposed operations will not result in interference to any authorized radio service.
“(B)
Requirements.—
“(i)
Suspension.—
Any low-power FM station that receives a waiver under subparagraph (A) shall be required to suspend operation immediately upon notification by the Federal Communications Commission that it is causing interference to the reception of an existing or modified full-service FM station without regard to the location of the station receiving interference.
“(ii)
Elimination of interference.—
A low-power FM station described in clause (i) shall not resume operation until such interference has been eliminated or it can demonstrate to the Federal Communications Commission that the interference was not due to emissions from the low-power FM station, except that such station may make short test transmissions during the period of suspended operation to check the efficacy of remedial measures.
“(iii)
Notification.—
Upon receipt of a complaint of interference from a low-power FM station operating pursuant to a waiver authorized under subparagraph (A), the Federal Communications Commission shall notify the identified low-power FM station by telephone or other electronic communication within 1 business day.
“SEC. 4.
PROTECTION OF RADIO READING SERVICES.
“The Federal Communications Commission shall comply with its existing minimum distance separation requirements for full-service FM stations, FM translator stations, and FM booster stations that broadcast radio reading services via an analog subcarrier frequency to avoid potential interference by low-power FM stations.
“SEC. 5.
ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM STATIONS.
“The Federal Communications Commission, when licensing new FM translator stations, FM booster stations, and low-power FM stations, shall ensure that—
“(1)
licenses are available to FM translator stations, FM booster stations, and low-power FM stations;
“(2)
such decisions are made based on the needs of the local community; and
“(3)
FM translator stations, FM booster stations, and low-power FM stations remain equal in status and secondary to existing and modified full-service FM stations.
“SEC. 6.
PROTECTION OF TRANSLATOR INPUT SIGNALS.
“The Federal Communications Commission shall modify its rules to address the potential for predicted interference to FM translator input signals on third-adjacent channels set forth in section 2.7 of the technical report entitled ‘Experimental Measurements of the Third-Adjacent Channel Impacts of Low-Power FM Stations, Volume One—Final Report (May 2003)’.
“SEC. 7.
ENSURING EFFECTIVE REMEDIATION OF INTERFERENCE.
“The Federal Communications Commission shall modify the interference complaint process described in section 73.810 of its rules (
47 CFR 73.810) as follows:
“(1)
With respect to those low-power FM stations licensed at locations that do not satisfy third-adjacent channel spacing requirements under section 73.807 of the Commission’s rules (
47 CFR 73.807), the Federal Communications Commission shall provide the same interference protections that FM translator stations and FM booster stations are required to provide as set forth in section 74.1203 of its rules (
47 CFR 74.1203) as in effect on the date of enactment of this Act.
“(2)
For a period of 1 year after a new low-power FM station is constructed on a third-adjacent channel, such low-power FM station shall be required to broadcast periodic announcements that alert listeners that interference that they may be experiencing could be the result of the operation of such low-power FM station on a third-adjacent channel and shall instruct affected listeners to contact such low-power FM station to report any interference. The Federal Communications Commission shall require all newly constructed low-power FM stations on third-adjacent channels to—
“(A)
notify the Federal Communications Commission and all affected stations on third-adjacent channels of an interference complaint by electronic communication within 48 hours after the receipt of such complaint; and
“(B)
cooperate in addressing any such interference.
“(3)
Low-power FM stations on third-adjacent channels shall be required to address complaints of interference within the protected contour of an affected station and shall be encouraged to address all other interference complaints, including complaints to the Federal Communications Commission based on interference to a full-service FM station, an FM translator station, or an FM booster station by the transmitter site of a low-power FM station on a third-adjacent channel at any distance from the full-service FM station, FM translator station, or FM booster station. The Federal Communications Commission shall provide notice to the licensee of a low-power FM station of the existence of such interference within 7 calendar days of the receipt of a complaint from a listener or another station.
“(4)
To the extent possible, the Federal Communications Commission shall grant low-power FM stations on third-adjacent channels the technical flexibility to remediate interference through the colocation of the transmission facilities of the low-power FM station and any stations on third-adjacent channels.
“(5)
The Federal Communications Commission shall—
“(A)
permit the submission of informal evidence of interference, including any engineering analysis that an affected station may commission;
“(B)
accept complaints based on interference to a full-service FM station, FM translator station, or FM booster station by the transmitter site of a low-power FM station on a third-adjacent channel at any distance from the full-service FM station, FM translator station, or FM booster station; and
“(C)
accept complaints of interference to mobile reception.
“(6)
The Federal Communications Commission shall for full-service FM stations that are licensed in significantly populated States with more than 3,000,000 population and a population density greater than 1,000 people per one square mile land area, require all low-power FM stations licensed after the date of enactment of this Act and located on third-adjacent, second-adjacent, first-adjacent, or co-channels to such full-service FM stations, to provide the same interference remediation requirements to complaints of interference, without regard to whether such complaints of interference occur within or outside of the protected contour of such stations, under the same interference complaint and remediation procedures that FM translator stations and FM booster stations are required to provide to full-service stations as set forth in section 74.1203 of its rules (
47 CFR 74.1203) as in effect on the date of enactment of this Act. Notwithstanding the provisions of section 74.1203, no interference that arises outside the relevant distance for the full-service station class specified in the first column titled ‘required’ for ‘Co-channel minimum separation (km)’ in the table listed in section 73.807(a)(1) of the Commission’s rules (
47 CFR 73.807(a)(1)) shall require remediation.
“SEC. 8.
FCC STUDY ON IMPACT OF LOW-POWER FM STATIONS ON FULL-SERVICE COMMERCIAL FM STATIONS.
“(a)
In General.—
The Federal Communications Commission shall conduct an economic study on the impact that low-power FM stations will have on full-service commercial FM stations.
“(b)
Report.—
Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the study conducted under subsection (a).
“(c)
Licensing Not Affected by Study.—
Nothing in this section shall affect the licensing of new low-power FM stations as otherwise permitted under this Act.”
Broadcast Ownership
[Pub. L. 104–104, title II, § 202], Feb. 8, 1996, [110 Stat. 110], as amended by [Pub. L. 108–199, div. B, title VI, § 629], Jan. 23, 2004, [118 Stat. 99], provided that:“(a)
National Radio Station Ownership Rule Changes Required.—
The Commission shall modify section 73.3555 of its regulations (47 C.F.R. 73.3555) by eliminating any provisions limiting the number of AM or FM broadcast stations which may be owned or controlled by one entity nationally.
“(b)
Local Radio Diversity.—
“(1)
Applicable caps.—
The Commission shall revise section 73.3555(a) of its regulations (47 C.F.R. 73.3555) to provide that—
“(A)
in a radio market with 45 or more commercial radio stations, a party may own, operate, or control up to 8 commercial radio stations, not more than 5 of which are in the same service (AM or FM);
“(B)
in a radio market with between 30 and 44 (inclusive) commercial radio stations, a party may own, operate, or control up to 7 commercial radio stations, not more than 4 of which are in the same service (AM or FM);
“(C)
in a radio market with between 15 and 29 (inclusive) commercial radio stations, a party may own, operate, or control up to 6 commercial radio stations, not more than 4 of which are in the same service (AM or FM); and
“(D)
in a radio market with 14 or fewer commercial radio stations, a party may own, operate, or control up to 5 commercial radio stations, not more than 3 of which are in the same service (AM or FM), except that a party may not own, operate, or control more than 50 percent of the stations in such market.
“(2)
Exception.—
Notwithstanding any limitation authorized by this subsection, the Commission may permit a person or entity to own, operate, or control, or have a cognizable interest in, radio broadcast stations if the Commission determines that such ownership, operation, control, or interest will result in an increase in the number of radio broadcast stations in operation.
“(c)
Television Ownership Limitations.—
“(1)
National ownership limitations.—
The Commission shall modify its rules for multiple ownership set forth in section 73.3555 of its regulations (47 C.F.R. 73.3555)—
“(A)
by eliminating the restrictions on the number of television stations that a person or entity may directly or indirectly own, operate, or control, or have a cognizable interest in, nationwide; and
“(B)
by increasing the national audience reach limitation for television stations to 39 percent.
“(2)
Local ownership limitations.—
The Commission shall conduct a rulemaking proceeding to determine whether to retain, modify, or eliminate its limitations on the number of television stations that a person or entity may own, operate, or control, or have a cognizable interest in, within the same television market.
“(3)
Divestiture.—
A person or entity that exceeds the 39 percent national audience reach limitation for television stations in paragraph (1)(B) through grant, transfer, or assignment of an additional license for a commercial television broadcast station shall have not more than 2 years after exceeding such limitation to come into compliance with such limitation. This divestiture requirement shall not apply to persons or entities that exceed the 39 percent national audience reach limitation through population growth.
“(4)
Forbearance.—
Section 10 of the Communications Act of 1934 (
47 U.S.C. 160) shall not apply to any person or entity that exceeds the 39 percent national audience reach limitation for television stations in paragraph (1)(B);[.]
“(d)
Relaxation of One-To-A-Market.—
With respect to its enforcement of its one-to-a-market ownership rules under section 73.3555 of its regulations, the Commission shall extend its waiver policy to any of the top 50 markets, consistent with the public interest, convenience, and necessity.
“(e)
Dual Network Changes.—
The Commission shall revise section 73.658(g) of its regulations (47 C.F.R. 658(g)) to permit a television broadcast station to affiliate with a person or entity that maintains 2 or more networks of television broadcast stations unless such dual or multiple networks are composed of—
“(1)
two or more persons or entities that, on the date of enactment of the Telecommunications Act of 1996 [Feb. 8, 1996], are ‘networks’ as defined in section 73.3613(a)(1) of the Commission’s regulations (47 C.F.R. 73.3613(a)(1)); or
“(2)
any network described in paragraph (1) and an English language program distribution service that, on such date, provides 4 or more hours of programming per week on a national basis pursuant to network affiliation arrangements with local television broadcast stations in markets reaching more than 75 percent of television homes (as measured by a national ratings service).
“(f)
Cable Cross Ownership.—
“(1)
Elimination of restrictions.—
The Commission shall revise section 76.501 of its regulations (47 C.F.R. 76.501) to permit a person or entity to own or control a network of broadcast stations and a cable system.
“(2)
Safeguards against discrimination.—
The Commission shall revise such regulations if necessary to ensure carriage, channel positioning, and nondiscriminatory treatment of nonaffiliated broadcast stations by a cable system described in paragraph (1).
“(g)
Local Marketing Agreements.—
Nothing in this section shall be construed to prohibit the origination, continuation, or renewal of any television local marketing agreement that is in compliance with the regulations of the Commission.
“(h)
Further Commission Review.—
The Commission shall review its rules adopted pursuant to this section and all of its ownership rules quadrennially as part of its regulatory reform review under section 11 of the Communications Act of 1934 [
47 U.S.C. 161] and shall determine whether any of such rules are necessary in the public interest as the result of competition. The Commission shall repeal or modify any regulation it determines to be no longer in the public interest. This subsection does not apply to any rules relating to the 39 percent national audience reach limitation in subsection (c)(1)(B).
“(i)
Elimination of Statutory Restriction.—
Restrictions on Over-the-Air Reception Devices
[Pub. L. 104–104, title II, § 207], Feb. 8, 1996, [110 Stat. 114], provided that: “Within 180 days after the date of enactment of this Act [Feb. 8, 1996], the Commission shall, pursuant to section 303 of the Communications Act of 1934 [47 U.S.C. 303], promulgate regulations to prohibit restrictions that impair a viewer’s ability to receive video programming services through devices designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service, or direct broadcast satellite services.”
Parental Choice in Television Programming
[Pub. L. 104–104, title V, § 551(a)], Feb. 8, 1996, [110 Stat. 139], provided that: “The Congress makes the following findings:“(1)
Television influences children’s perception of the values and behavior that are common and acceptable in society.
“(2)
Television station operators, cable television system operators, and video programmers should follow practices in connection with video programming that take into consideration that television broadcast and cable programming has established a uniquely pervasive presence in the lives of American children.
“(3)
The average American child is exposed to 25 hours of television each week and some children are exposed to as much as 11 hours of television a day.
“(4)
Studies have shown that children exposed to violent video programming at a young age have a higher tendency for violent and aggressive behavior later in life than children not so exposed, and that children exposed to violent video programming are prone to assume that acts of violence are acceptable behavior.
“(5)
Children in the United States are, on average, exposed to an estimated 8,000 murders and 100,000 acts of violence on television by the time the child completes elementary school.
“(6)
Studies indicate that children are affected by the pervasiveness and casual treatment of sexual material on television, eroding the ability of parents to develop responsible attitudes and behavior in their children.
“(7)
Parents express grave concern over violent and sexual video programming and strongly support technology that would give them greater control to block video programming in the home that they consider harmful to their children.
“(8)
There is a compelling governmental interest in empowering parents to limit the negative influences of video programming that is harmful to children.
“(9)
Providing parents with timely information about the nature of upcoming video programming and with the technological tools that allow them easily to block violent, sexual, or other programming that they believe harmful to their children is a nonintrusive and narrowly tailored means of achieving that compelling governmental interest.”
Advisory Committee Requirements
[Pub. L. 104–104, title V, § 551(b)(2)], Feb. 8, 1996, [110 Stat. 140], provided that: “In establishing an advisory committee for purposes of the amendment made by paragraph (1) of this subsection [amending this section], the Commission shall—“(A)
ensure that such committee is composed of parents, television broadcasters, television programming producers, cable operators, appropriate public interest groups, and other interested individuals from the private sector and is fairly balanced in terms of political affiliation, the points of view represented, and the functions to be performed by the committee;
“(B)
provide to the committee such staff and resources as may be necessary to permit it to perform its functions efficiently and promptly; and
“(C)
require the committee to submit a final report of its recommendations within one year after the date of the appointment of the initial members.”
Technology Fund
[Pub. L. 104–104, title V, § 552], Feb. 8, 1996, [110 Stat. 142], provided that: “It is the policy of the United States to encourage broadcast television, cable, satellite, syndication, other video programming distributors, and relevant related industries (in consultation with appropriate public interest groups and interested individuals from the private sector) to—“(1)
establish a technology fund to encourage television and electronics equipment manufacturers to facilitate the development of technology which would empower parents to block programming they deem inappropriate for their children and to encourage the availability thereof to low income parents;
“(2)
report to the viewing public on the status of the development of affordable, easy to use blocking technology; and
“(3)
establish and promote effective procedures, standards, systems, advisories, or other mechanisms for ensuring that users have easy and complete access to the information necessary to effectively utilize blocking technology and to encourage the availability thereof to low income parents.”
AM Radio Improvement Standard
[Pub. L. 102–538, title II, § 214], Oct. 27, 1992, [106 Stat. 3546], required the Federal Communications Commission to initiate a rulemaking to adopt an AM radio improvement standard within 60 days after Oct. 27, 1992, and to adopt such standard within 1 year after Oct. 27, 1992.
Broadcasting of Indecent Programming; FCC Regulations
[Pub. L. 102–356, § 16(a)], Aug. 26, 1992, [106 Stat. 954], provided that: “The Federal Communications Commission shall promulgate regulations to prohibit the broadcasting of indecent programming—
“(1)
between 6 a.m. and 10 p.m. on any day by any public radio station or public television station that goes off the air at or before 12 midnight; and
“(2)
between 6 a.m. and 12 midnight on any day for any radio or television broadcasting station not described in paragraph (1).
The regulations required under this subsection shall be promulgated in accordance with
section 553 of title 5, United States Code, and shall become final not later than 180 days after the date of enactment of this Act [
Aug. 26, 1992].”
Congressional Findings Regarding Access by Hearing-Impaired People to Television Medium
[Pub. L. 101–431, § 2], Oct. 15, 1990, [104 Stat. 960], provided that: “The Congress finds that—“(1)
to the fullest extent made possible by technology, deaf and hearing-impaired people should have equal access to the television medium;
“(2)
closed-captioned television transmissions have made it possible for thousands of deaf and hearing-impaired people to gain access to the television medium, thus significantly improving the quality of their lives;
“(3)
closed-captioned television will provide access to information, entertainment, and a greater understanding of our Nation and the world to over 24,000,000 people in the United States who are deaf or hearing-impaired;
“(4)
closed-captioned television will provide benefits for the nearly 38 percent of older Americans who have some loss of hearing;
“(5)
closed-captioned television can assist both hearing and hearing-impaired children with reading and other learning skills, and improve literacy skills among adults;
“(6)
closed-captioned television can assist those among our Nation’s large immigrant population who are learning English as a second language with language comprehension;
“(7)
currently, a consumer must buy a TeleCaption decoder and connect the decoder to a television set in order to display the closed-captioned television transmissions;
“(8)
technology is now available to enable that closed-caption decoding capability to be built into new television sets during manufacture at a nominal cost by 1991; and
“(9)
the availability of decoder-equipped television sets will significantly increase the audience that can be served by closed-captioned television, and such increased market will be an incentive to the television medium to provide more captioned programming.”
Direction on Use of Funds Regarding Spectrum Allocation and Assignments for Public Safety Purposes
[Pub. L. 98–214, § 9], Dec. 8, 1983, [97 Stat. 1470], provided that:“(a)
Funds authorized to be appropriated under section 2 of this Act [amending
section 156 of this title] shall be used by the Federal Communications Commission to establish a plan which adequately ensures that the needs of State and local public safety authorities would be taken into account in making allocations of the electromagnetic spectrum. In establishing such a plan the Commission shall (1) review the current and future needs of such public safety authorities in light of suitable and commercially available equipment and (2) consider the need for a nationwide contiguous frequency allocation for public safety purposes.
“(b)
Pending adoption of a plan, the Commission, while making assignments and allocations, shall duly recognize the needs of State and local public safety authorities.”