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individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation.20

PROVISIONS RELATING TO THE COMMISSION

SEC. 4. [47 U.S.C. 154] (a) The Federal Communications Commission (in this Act referred to as the “Commission') shall be composed of five 21 Commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairman.

(b) 22 (1) Each member of the Commission shall be a citizen of the United States.

(2XA) No member of the Commission or person employed by the Commission shall

(i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission;

(ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum;

(iii) be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or

(iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this Act;

20 Subsection (gg) was added by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1097.

21 Subsection 4(a) was amended by Public Law 97-253, 96 Stat. 763, 805, Sept. 8, 1982, which inserted “five” in lieu of "seven.” The amendment took effect on July 1, 1983. Public Law 97253 also provided:

Upon expiration of the term of office as a member of the Federal Communications Com. mission, which is prescribed by law to occur on June 30, 1982, any member appointed to fill such office after such date shall be appointed for a term which ends on June 30, 1983, and such office shall be abolished on July 1, 1983. Upon expiration of the term of office as a member of such Commission, which

(1) is prescribed by law;
(2) is in effect before the date of the enactment of this Act; and

(3) is to occur on June 30, 1983; no person shall be appointed to fill such office after such date, and such office shall be abol

ished on July 1, 1983. 22 Section 4(b) was amended to read as above by Public Law 97–259, 96 Stat. 1087-88, Sept. 13, 1982. Section 4(b) formerly read as follows:

(6) Each member of the Commission shall be a citizen of the United States. No member of the Commission or person in its employ shall be financially interested in the manufacturer or sale of radio apparatus or of apparatus for wire or radio communications; in communication by wire or radio or in radio transmission of energy; in any company furnishing services or such apparatus to any company engaged in communications by wire or radio or to any company manufacturing or selling apparatus used for communication by wire or radio; or in any company owning stocks, bonds, or other securities of any such company; nor be in the employ of or hold any official relation to any person subject to any of the provisions of this Act, nor own stocks, bonds, or other securities of any corporation subject to any of the provisions of this Act. Such commissioners shall not engage in any other business, vocation, profession, or employment. Any such commissioner serving as such after one year from the date of enactment of the Communications Act Amendments, 1952, shall not for a period of one year following the termination of his service as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed. The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission.

except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission.

(B)(i) The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18, United States Code. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission.

(ii) In any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver.

(3) The Commission, in determining whether a company or other entity has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)

(A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or other entity;

(B) the extent to which the Commission regulates and oversees the activities of such company or other entity;

(C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and

(D) the perceptions held by the public regarding the business activities of such company or other entity. (4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members.23

23 Section 4(b) was amended to read as above by Public Law 97-259, 96 Stat. 1087-88, Sept. 13, 1982. Formerly, section 4(b) included a sentence which read as follows: "Such commissioners shall not engage in any other business, vocation, profession, or employment.” Also, Public Law 86-752, 74 Stat. 889, Sept. 13, 1960, had amended this sentence formerly in section 4(b) by striking out the following: "but this shall not apply to the presentation or delivery of publications or papers for which a reasonable honorarium or compensation may be accepted.

Former Section 4(b) also included in the following: “Any such commissioner serving as such after one year from the date of enactment of the Communications Act Amendments, 1952, shall not for a period of one year following the termination of his service as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed.The sentence was deleted by Public Law 97-259, 96 Stat. 1087-88, Sept. 13, 1982, for consistency with the Ethics in Government Act of 1978, Pub. L. 95-521, 92 Stat. 1824 (see 18 U.S.C. § 207). Other restrictions on the activities of former members and employees of the Commission had been contained in Public Law 87-849, approved October 23, 1962, 76 Stat. 1123, 18 U.S.C. 8 207.

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(5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission. 24

(c) Commissioners shall be appointed for terms of five years and until their successors are appointed and have been confirmed and taken the oath of office, except that they shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he succeeds.25 No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission.

24 This sentence was originally added by Public Law 97-253, 96 Stat. 763, 805-806, Sept. 8, 1982. Under Public Law 97-253, the amendment was to take effect on July 1, 1983. On September 13, 1982, Public Law 97-259, 96 Stat. 1087-88, was approved, which amended Section 4(b) to read as above. The sentence formerly read as follows: “Not more than four members of the Commission shall be members of the same political party. Public Law 97-253, 96 Stat. 763, 805, Sept. 8, 1982, also provided:

Upon expiration of the term of office as a member of the Federal Communications Commission, which is prescribed by law to occur on June 30, 1982, any member appointed to fill such office after such date shall be appointed for a term which ends on June 30, 1983, and such office shall be abolished on July 1, 1983. Upon expiration of the term of office as a member of such Commission, which

(1) is prescribed by law;
(2) is in effect before the date of the enactment of this Act; and

(3) is to occur on June 30, 1983; no person shall be appointed to fill such office after such date, and such office shall be abol

ished on July 1, 1983. The last three sentences of the former subsection 4(b) were originally added by the Communications Act Amendments 1952. Previously, the last sentence of the subsection had read as follows:

Such Commissioners shall not engage in any other business, vocation, or employment. Not more than four Commissioners shall be members of the same political party.

24 The Act of June 6, 1986 (Public Law 99-334, 100 Stat. 513) reduced the number of Commissioners from seven to five. Subsection (b) of that Act provided as follows:

(b) The amendment made by subsection (a) of this section shall take effect on the date of enactment of this Act, except that,

(1) upon the expiration of the term of office prescribed by law to occur on June 30, 1986, any person appointed as a member of the Federal Communications Commission to fill such office for the term following such date shall be eligible to serve until June 30, 1990, and any person appointed as a member of the Federal Communications Commission to the term of office prescribed by law to expire on June 30, 1987, shall be eligible to serve until June 30, 1989; and

(2) notwithstanding the provisions of subsection (a) of this section, persons appointed as members of the Federal Communications Commission to terms of office prescribed by law to expire on June 30, 1988, June 30, 1991, and June 30, 1992, shall be eligible to serve until the expiration of the term of office on June 30, 1988, June 30, 1991, and June 30, 1992, whichev

er is applicable. 25 The first sentence of Section 4(c) was amended to read as above by Public Law 97-259, 96 Stat. 1087, 1088, Sept. 13, 1982. The section formerly read as follows:

(c) The Commissioners first appointed under this Act shall continue in office for the terms of one, two, three, four, five, six, and seven years, respectively, from the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years and until their successors are appointed and have qualified, except that they shall not continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he succeeds. No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission.

The first sentence of former subsection (c) was amended by Public Law 86-619, approved July 12, 1960, 48 Stat. 1067. Prior to that it read:

(c) The commissioners first appointed under this Act shall continue in office for the terms of one, two, three, four, five, six, and seven years, respectively, from the date of the taking effect, of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years; except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he succeeds.

(d) Each Commissioner shall receive an annual salary at the annual rate payable from time to time for level IV of the Executive Schedule, payable in monthly installments. The Chairman of the Commission, during the period of his service as Chairman, shall receive an annual salary at the annual rate payable from time to time for level III the Executive Schedule. 26

(e) The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States.

(f)(1) The Commission shall have authority, subject to the provisions of the civil-service laws and the Classification Act of 1949, as amended, to appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions.

(2) Without regard to the civil-service laws, but subject to the Classification Act of 1949, each commissioner may appoint three professional assistants and a secretary, each of whom shall perform such duties as such commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an administrative assistant who shall perform such duties as the chairman shall direct. 27

(3) The Commission shall fix a reasonable rate of extra compensation for overtime services of engineers in charge and radio engineers of the Field Engineering and Monitoring Bureau of the Federal Communications Commission, who may be required to remain on duty between the hours of 5 o'clock postmeridian and 8 o'clock

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26 Subsection (d) was amended to read as above by Public Law 97-259, 96 Stat. 1087, 1088, Sept. 13, 1982. The section formerly read as follows:

(d) Each Commissioner shall receive as annual salary of $20,000, payable in monthly install, ments, and the chairman during the period of his service as chairman, shall receive an annual salary of $20,500.

This subsection, which originally provided for an annual salary of $10,000, was amended by Public Law 359, 81st Congress, approved Oct. 15, 1949, 63 Stat. 880, to specify an annual salary of $15,000. This section was again amended, by Public Law 854, 84th Congress, 2d Sess. 70 Stat. 736-763, the “Federal Executive Pay Act of 1956,” to provide for the salaries listed above. See Sec. 105(4), 70 Stat. 737; Sec. 106(45); 70 Stat. 738; and Sec. 108, 70 Stat. 739-740 of Public Law 854.

Annual salaries of Commissioners and the Chairman have been governed by 5 U.S.C. Chap. 53, subchap. II, as provided by Public Law 89-554, adopted September 6, 1966, 80 Stat. 378, 457, 655, as amended.

27 Subsection (f)(2) as amended by Public Law 97-259, 96 Stat. 1087, 1088, Sept. 13, 1982, which changed "a legal assistant, an engineering assistant,” to “three professional assistants.”

In all other respects, paragraphs (1) and (2) of this subsection were amended to read as above by the Communications Act Amendments, 1952. Previously, paragraph (1) of this subsection read as follows:

(f)(1) Without regard to the civil-service laws or the Classification Act of 1923, as amended (1) the Commission may appoint and prescribe the duties and fix the salaries of a secretary, a director for each division, a chief engineer and not more than three assistants, a chief accountant and not more then three assistants, a general counsel and not more than three assistants, and temporary counsel designated by the Commission for the performance of special services; and (2) each commissioner may appoint and prescribe the duties of a secretary at an annual salary not to exceed $5,482.80. The general counsel and the chief engineer and the chief accountant shall receive an annual salary of not to exceed $10,330; the secretary shall receive an annual salary not to exceed $9,706.50; the director of each division shall receive an annual salary of not to exceed $9,706.50; and no assistant shall receive an annual salary in excess of $9,706.50. The Commission shall have authority, subject to the provisions of the civil-service laws and the Classification Act of 1923, as amended, to appoint such other officers, engineers, accountants, inspectors, attorneys, examiners, and other employees as are necessary in the executions of its functions.

COMMUNICATIONS ACT OF 1934

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antemeridian or on Sundays or holidays to perform services in connection with the inspection of ship radio equipment and apparatus for the purposes of part II of title III of this Act or the Great Lakes Agreement, on the basis of one-half day's additional pay for each two hours or fraction thereof of at least one hour that the overtime exceeds 28 beyond 5 o'clock postmeridian (but not to exceed two and one-half days' pay for the full period from 5 o'clock postmeridian to 8 o'clock antemeridian) and two additional days' pay for Sunday or holiday duty.29 The said extra compensation for overtime services shall be paid by the master, owner, or agent of such vessel to the local United States collector of customs or his representative, who shall deposit such collection into the Treasury of the United States to an appropriately designated receipt account: Provided, that the amounts of such collections received by the said collector of customs or his representatives shall be covered into the Treasury as miscellaneous receipts; and the payments of such extra compensation to the several employees entitled thereto shall be made from the annual appropriations for salaries and expenses of the Commission: Provided further, That to the extent that the annual appropriations which are hereby authorized to be made from the general fund of the Treasury are insufficient, there are hereby authorized to be appropriated from the general fund of the Treasury such additional amounts as may be necessary to the extent that the amounts of such receipts are in excess of the amounts appropriated: Provided further, That such extra compensation shall be paid if such field employees have been ordered to report for duty and have so reported whether the actual inspection of the radio equipment or apparatus takes place or not: And provided further, That in those ports where customary working hours are other than those hereinabove mentioned, the engineers in charge are vested with authority to regulate the hours of such employees so as to agree with prevailing working hours in said ports where inspections are to be made, but nothing contained in this proviso shall be construed in any manner to alter the length of a working day for the engineers in charge and radio engineers or the overtime pay herein fixed.30

28 Should probably read “extends”.

29 The first sentence of this subsection was amended by Public Law 590, 83d Cong. 2d Sess., 68 Stat. 729, approved August 13, 1954, effective November 13, 1954 by substituting the words "engineers in charge” for "inspectors in charge", and by inserting after the words “part II of title III of this Act” the words “or the Great Lakes Agreement."

30 The provisions relating to extra compensation for overtime services of inspectors were added by Public Law 20, 77th Cong., approved March 23, 1941, 55 Stat. 46. The word “inspectors” in the last provision of this subsection was changed to "engineers” by Public Law 590, 83d Cong., 2d Sess., 68 Stat. 729, approved August 13, 1954, effective November 13, 1954.

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