tificates concerning the radio particulars provided for in the said Convention shall be issued by the Commandant of the Coast Guard or whatever other agency is authorized by law to do so upon request of the Commission made after proper inspection or determination of the facts. If the holder of a certificate violates the radio provisions of the Safety Convention or the provisions of this Act, or the rules, regulations, or conditions prescribed by the Commission, and if the effective administration of the Safety Convention or of this part so requires, the Commission, after hearing in accordance with law, is authorized to modify or cancel a certificate which it has issued, or to request the modification or cancellation of a certificate which has been issued by another agency upon the Commission's request. Upon receipt of such request for modification or cancellation, the Commandant of the Coast Guard, or whatever agency is authorized by law to do so, shall modify or cancel the certificate in accordance therewith. INSPECTION SEC. 362.155 [47 U.S.C. 360] (a) In addition to any other provisions required to be included in a radio station license, the station license of each ship of the United States subject to this title shall include particulars with reference to the items specifically required by this title. (b) Every ship of the United States, subject to this part, shall have the equipment and apparatus prescribed therein, inspected at least once each year by the Commission. If, after such inspection, the Commission is satisfied that all relevant provisions of this Act and the station license have been complied with, the fact shall be certified to on the station license by the Commission. The Commission shall make such additional inspections at frequent intervals as may be necessary to insure compliance with the requirements of this Act. The Commission may, upon a finding that the public interest would be served thereby, waive the annual inspection required under this section from the time of first arrival at a United States port from a foreign port, for the sole purpose of enabling the vessel to proceed coastwise to another port in the United States where an inspection can be held: Provided, That such waiver may not exceed a period of thirty days.156 CONTROL BY COMMISSION SEC. 363.155 [47 U.S.C. 361] Nothing in this title shall be interpreted as lessening in any degree the control of the Commission over all matters connected with the radio equipment and its operation on shipboard and its decision and determination in regard to the radio requirements, installations, or exemptions from prescribed radio requirements shall be final, subject only to review in accordance with law. Upon receipt of such request the Commandant of the Coast Guard, or whatever other agency is authorized by law to do so, shall modify or cancel the certificate in accord therewith. The Commission is authorized to issue, modify, or cancel such certificates in the event that no other agency is authorized to do so. 155 See note 122. 156 The last sentence of subsection (b) was added by Public Law 87-811, approved October 15, 1962, 76 Stat. 922. FORFEITURES SEC. 364.155 [47 U.S.C. 362] The following forfeitures shall apply to this part, in addition to the penalties and forfeitures provided by title V of this Act: (a) Any ship that leaves or attempts to leave any harbor or port of the United States in violation of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, or any ship of the United States that is navigated outside of any harbor or port in violation of any of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, shall forfeit to the United States the sum of $5,000, recoverable by way of suit or libel. Each such departure or attempted departure, and in the case of a ship of the United States each day during which such navigation occurs shall constitute a separate offense. (b) Every willful failure on the part of the master of a ship of the United States to enforce or to comply with the provisions of this Act or the rules and regulations of the Commission as to equipment, operators, watches, or radio service shall cause him to forfeit to the United States the sum of $1,000. PART III 157-RADIO INSTALLATIONS ON VESSELS CARRYING [VESSELS TRANSPORTING MORE THAN SIX PASSENGERS FOR HIRE REQUIRED TO BE EQUIPPED WITH RADIO TELEPHONE] 158 SEC. 381. [47 U.S.C. 381] Except as provided in section 382, it shall be unlawful for any vessel of the United States, transporting more than six passengers for hire, to be navigated in the open sea or any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, unless such vessel is equipped with an efficient radiotelephone installation in operating condition. [VESSELS EXCEPTED FROM RADIOTELEPHONE REQUIREMENT] 159 SEC. 382. [47 U.S.C. 382] 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 title III of this Act, or in accordance with the radio requirements of the Safety Convention; and (2) vessels of the United States belonging to and operated by the Government, except a vessel of the United States Maritime Administration, the Inland and Coastwise Waterways Service, or the Panama Canal Company,160 and (3) vessels navigating on the Great Lakes. 157 This part (secs. 381-386) was added, effective March 1, 1957, by Public Law 985, 84th Congress, 2d Sess., approved Aug. 6, 1956, 70 Stat. 1047-1049. [EXEMPTIONS BY COMMISSION] 161 SEC. 383. [47 U.S.C. 383] The Commission shall exempt from the provisions 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 circumstances, are such as to render a radio installation unreasonable, unnecessary, or ineffective, for the purposes of this Act. [AUTHORITY OF COMMISSION; OPERATIONS, INSTALLATIONS, AND ADDITIONAL EQUIPMENT] 162 SEC. 384. [47 U.S.C. 384] The Commission shall have authority with respect to any vessel subject to this part (1) to specify operating and technical conditions and characteristics including frequencies, 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 necessitated by reason of the purposes and requirements of this part; (3) to approve installations, apparatus and spare parts necessary to comply with the purposes and requirements of this part; (4) to prescribe such additional equipment as may be determined to be necessary to supplement that specified herein for the proper functioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress. [INSPECTIONS] 163 SEC. 385. [47 U.S.C. 385] The Commission shall make such inspections as may be necessary to insure compliance with the requirements of this part. [FORFEITURES] 164 SEC. 386. [47 U.S.C. 386] The following forfeitures shall apply to this part in addition to penalties and forfeitures provided by title V of this Act: (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 Commission made in pursuance thereof shall forfeit to the United States the sum of $5,000 recoverable 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 enforce or to comply with the provisions of this part or the rules and regulations of the Commission made in pursuance thereof shall cause him to forfeit to the United States the sum of $1,000. 161 Heading which appears in U.S. Code. 162 Heading which appears in U.S. Code. 163 Heading which appears in U.S. Code. 164 Heading which appears in U.S. Code. PART IV 165 ASSISTANCE FOR PUBLIC TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING Subpart A-Assistance for Public Telecommunications DECLARATION OF PURPOSE SEC. 390.167 [47 U.S.C. 390] The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications facilities in order to achieve the following objectives: (1) extend delivery of public telecommunications 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) increase 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. AUTHORIZATION OF APPROPRIATIONS SEC. 391.168 [47 U.S.C. 391] There are authorized to be appropriated $40,000,000 for each of the fiscal years 1979, 1980, and 1981, 165 Part IV was amended by Public Law 95-567, approved November 2, 1978, 92 Stat. 2405, 2409. As part of these amendments, the heading was amended to read as above. Part IV was added by Public Law 87-447, approved May 1, 1962, 76 Stat. 64; and was amended by Public Law 90-129, approved November 7, 1967, 81 Stat. 365, and was further amended by Public Law 94309, approved June 5, 1976, 90 Stat. 683. The prior heading read as follows: PART IV-ASSISTANCE FOR NONCOMMERCIAL EDUCATIONAL BROADCASTING FACILITIES; 166 The heading of Subpart A was amended to read as above by Public Law 95-567, approved November 2, 1978, 92 Stat. 2405, 2409. This heading was originally added by Public Law 90-129, approved November 7, 1967, 81 Stat. 367, and amended by Public Law 94-309, approved June 5, 1976, 90 Stat. 683. The prior heading read as follows: Subpart A-Assistance for Non-Commercial Educational Broadcasting Facilities and 167 Section 390 was amended to read as above by Public Law 95-567, approved November 2, 1978, 92 Stat. 2405. This section was initially added by Public Law 87-447, approved May 1, 1962, 76 Stat. 64, and was amended by Public Law 90-129, approved November 7, 1967, 81 Stat. 365, 367, and further amended by Public Law 94-309, approved June 5, 1976, 90 Stat. 683. The prior amended section read as follows: DECLARATION OF PURPOSE SEC. 390. The purposes of this subpart are (1) to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities, and (2) to demonstrate (through grants or contracts) the use of telecommunications technologies for the distribution and dissemination of health, education, and other public or social service information. 168 Section 391 is amended to read as above by Public Law 95-567, approved November 2, 1978, 92 Stat. 2405. This section was originally added by Public Law 87-447, approved May 1, 1962, 76 Stat. 65, and subsequently amended by the following public laws: Public Law 90-129, approved November 7, 1967, 81 Stat. 365; Public Law 91-97, approved October 27, 1969, 83 Stat. 146; Public Law 92-411, approved August 29, 1972, 86 Stat. 643; Public Law 93-84, approved August 6, 1973, 87 Stat. 219; and Public Law 94-309, approved June 5, 1976, 90 Stat. 683. The prior amended section read as follows: Continued 38-333 0 - 91 - 5 $20,000,000 for fiscal year 1982, $15,000,000 for fiscal year 1983, $12,000,000 for fiscal year 1984,169 $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year 1987, $32,000,000 for fiscal year 1988, $36,000,000 for fiscal year 1989, $39,000,000 for fiscal year 1990, and $42,000,000 for fiscal year 1991, to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities as provided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the Secretary pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the Secretary to cover the cost of administering the provisions of this subpart. GRANTS FOR CONSTRUCTION AND PLANNING SEC. 392.170 [47 U.S.C. 392] (a) For each project for the construction of public telecommunications facilities there shall be sub AUTHORIZATION OF APPROPRIATIONS SEC. 391. There are authorized to be appropriated $7,500,00 for the period July 1, 1976, through September 30, 1976, and $30,000,000 for the fiscal year ending September 30, 1977, to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities as provided in this subpart. Sums appropriated under this section for fiscal year or period shall remain available for payment of grants for projects under section 392 have been submitted under such section within one year after the last day of such fiscal year or period. 169 Section 391 was amended (to include 1981-1984) by Public Law 97-35, approved August 13, 1981, 95 Stat. 357, 725. 170 Section 392 was amended to read as above by Public Law 95-567, approved November 2, 1978, 92 Stat. 2406-08. This section was originally added by Public Law 87-447, approved May 1, 1962, 76 Stat. 65. It was amended by Public Law 90-129, approved November 7, 1967, 81 Stat. 365, and further amended by Public Law 94-309, approved June 5, 1976, 90 Stat. 683. The prior amended section read as follows: GRANTS FOR CONSTRUCTION SEC. 392. (a) For each project for the construction of noncommercial educational television or radio broadcasting facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may by regulation require, including the total cost of such project and the amount of the Federal grant requested for such project, and providing assurance satisfactory to the Secretary (1) that the applicant is (A) an agency or officer responsible for the supervision of public elementary or secondary education or public higher education within that State, or within a political subdivision thereof, (B) in the case of a project for television facilities, the State noncommercial educational television agency or, in the case of a project for radio facilities, the State educational radio agency, (C) a public or private nonprofit college or university or other educational or cultural institution which is affiliated with an eligible college or university, (D)(i) in the case of a project for television facilities, a nonprofit foundation, corporation, or association which is organized primarily to engage in or encourage noncommercial educational television broadcasting and is eligible to receive a license from the Federal Communications Commission for a noncommercial educational television broadcasting station pursuant to the rules and regulations of the Commission in effect on April 12, 1962, or (ii) in the case of a project for radio facilities, a nonprofit foundation, corporation, or association which is organized primarily to engage in or encourage noncommercial educational radio broadcasting and is eligible to receive a license from the Federal Communications Commission; or meets the requirements of clause (i) and is also organized to engage in or encourage such radio broadcasting and is eligible for such a license for such a radio station, or (E) a municipality which owns and operates a broadcasting facility transmitting only noncommercial programs; (2) that the operation of such educational broadcasting facilities will be under the control of the applicant or a person qualified under paragraph (1) to be such an applicant; (3) that necessary funds to construct, operate, and maintain such educational broadcasting facilities will be available when needed; (4) that such broadcasting facilities will be used only for educational purposes; and (5) that, in the case of an application with repect to radio broadcasting facilities, there has been comprehensive planning for educational broadcasting facilities and services in the area Continued |
