§ 330. Prohibition against shipment of certain television receivers

Statutory text

No person shall ship in interstate commerce, or import from any foreign country into the United States, for sale or resale to the public, apparatus described in subsection (s) of section 303 of this title unless it complies with rules prescribed by the Commission pursuant to the authority granted by that subsection: Provided, That this section shall not apply to carriers transporting such apparatus without trading in it.

No person shall ship in interstate commerce, 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 prescribed by the Commission pursuant to the authority granted by that section. Such rules shall provide performance and display standards for such built-in decoder circuitry or capability designed to display closed captioned video programming, 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 transmitted 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 numbered E–7709–C dated May 1980, as amended by the Telecaption II Decoder Module Performance Specification published by the National Captioning 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 apparatus without trading it.

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 Commission pursuant to the authority granted by that section.

This subsection shall not apply to carriers transporting apparatus referred to in paragraph (1) without trading in it.

The rules prescribed by the Commission under this subsection shall provide for the oversight by the Commission of the adoption of standards by industry for blocking technology. Such rules shall require that all such apparatus be able to receive the rating signals which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and blocking specifications established by industry under the supervision of the Commission.

As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that blocking service continues to be available to consumers. If the Commission determines that an alternative blocking technology exists that—

enables parents to block programming based on identifying programs without ratings,

is available to consumers at a cost which is comparable to the cost of technology that allows parents to block programming based on common ratings, and

will allow parents to block a broad range of programs on a multichannel system as effectively and as easily as technology that allows parents to block programming based on common ratings,

the Commission shall amend the rules prescribed pursuant to section 303(x) of this title to require that the apparatus described in such section be equipped with either the blocking technology described in such section or the alternative blocking technology described in this paragraph.

For the purposes of this section, and sections 303(s), 303(u), and 303(x) of this title—

The term “interstate commerce” means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States and any place outside thereof which is within the United States, (B) commerce between points in the same State, the District of Columbia, the Commonwealth of Puerto Rico, or possession of the United States but through any place outside thereof, or (C) commerce wholly within the District of Columbia or any possession of the United States.

The term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States, but does not include the Canal Zone.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1934
Pub. L. 87–529 § 2 · 76 Stat. 150
Enacted · 47 U.S.C. § 330
June 19, 1934, ch. 652, title III, § 330, as added Pub. L. 87–529, § 2, July 10, 1962, 76 Stat. 151
Source evidence
Code source credit
June 19, 1934, ch. 652, title III, § 330, as added Pub. L. 87–529, § 2, July 10, 1962, 76 Stat. 151
Enacted provision · exact public law section
Sec. 2. Part I of title III of the Communications Act of 1934 is 47 USC 301–329. amended by inserting at the end thereof a new section as follows: “Sec. 330. “prohibition against shipment of certain television receivers (a) No person shall ship in interstate commerce, or import from any foreign country into the United States, for sale or resale to the public, apparatus described in paragraph (s) of section 303 unless it complies with rules prescribed by the Commission pursuant to the authority granted by that paragraph: Provided, That this section shall not apply to carriers transporting such apparatus without trading in it. “(b) For the purposes of this section and section 303(s)— Definitions. “(1) The term ‘interstate commerce’ means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States and any place outside thereof which is within the United States, (B) commerce between points in the same State, the District of Columbia. the Commonwealth of Puerto Rico, or possession of the United States but through any place outside thereof, or (C) commerce wholly within the District of Columbia or any possession of the United States. “(2) The term ‘United States’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States, but does not include the Canal Zone.”
1990
Television Decoder Circuitry Act of 1990
Pub. L. 101–431 § 4 · 104 Stat. 960
1. Added · 47 U.S.C. § 330(b); 47 U.S.C. § 330(c)
  Pub. L. 101–431 added subsec. (b)
2. Redesignated · 47 U.S.C. § 330(b); 47 U.S.C. § 330(c)
  Pub. L. 101–431 redesignated former subsec. (b) as (c)
3. Substituted · 47 U.S.C. § 330(b); 47 U.S.C. § 330(c)
  Pub. L. 101–431 substituted “, section 303(s) of this title, and section 303(u) of this title” for “and section 303(s) of this title”
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 101–431 added subsec. (b), redesignated former subsec. (b) as (c), and substituted “, section 303(s) of this title, and section 303(u) of this title” for “and section 303(s) of this title”.
Enacted provision · exact public law section
Sec. 4. performance and display standards (a) Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended by redesignating subsection (b) as subsection (c), and by inserting immediately after subsection (a) the following new subsection: “(b) No person shall ship in interstate commerce, manufacture, assemble, or import from any foreign country into the United States, any apparatus described in section 303(u) of this Act except in accordance with rules prescribed by the Commission pursuant to the authority granted by that section. Such rules shall provide performance and display standards for such built-in decoder circuitry. Such rules shall further require that all such apparatus be able to receive and display closed captioning which have been transmitted 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 numbered E-7709-C dated May 1980, as amended by the Telecaption II Decoder Module Performance Specification published by the National Captioning 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 continues to be available to consumers. This subsection shall not apply to carriers transporting such apparatus without trading it.”. (b) Section 330(c) of such Act, as redesignated by subsection (a) of this section, is amended by deleting “and section 303(s)” and inserting in lieu thereof “, section 303(s), and section 303(u)”.
Effective date note
Amendment by Pub. L. 101–431 effective July 1, 1993, see section 5 of Pub. L. 101–431, set out as a note under section 303 of this title.
1996
Pub. L. 104–104 § 551(d)(1)(B) · 110 Stat. 141
Redesignated · 47 U.S.C. § 330(c)
Pub. L. 104–104, § 551(d)(1)(B), added subsec. (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–104, § 551(d)(1)(B), added subsec. (c). Former subsec. (c) redesignated (d).
1996
Pub. L. 104–104 § 551(d)(2) · 110 Stat. 141
Substituted · 47 U.S.C. § 330(d)
Pub. L. 104–104, § 551(d)(2), in introductory provisions substituted “and sections 303(s), 303(u), and 303(x) of this title” for “section 303(s) of this title, and section 303(u) of this title”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–104, § 551(d)(2), in introductory provisions substituted “and sections 303(s), 303(u), and 303(x) of this title” for “section 303(s) of this title, and section 303(u) of this title”.
1996
Pub. L. 104–104 § 551(d)(1)(B) · 110 Stat. 141
Redesignated · 47 U.S.C. § 330(d)
Pub. L. 104–104, § 551(d)(1)(B), redesignated subsec. (c) as (d)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–104, § 551(d)(1)(B), redesignated subsec. (c) as (d).
2010
Twenty-First Century Communications and Video Accessibility Act of 2010
Pub. L. 111–260 title II § 203(c) · 124 Stat. 2751
1. Substituted · 47 U.S.C. § 330(b)
  Pub. L. 111–260, in first sentence substituted “303(u) and (z)” for “303(u)”
2. Substituted · 47 U.S.C. § 330(b)
  Pub. L. 111–260, in first sentence substituted “Such rules shall provide performance and display standards for such built-in decoder circuitry or capability designed to display closed captioned video programming, the transmission and delivery of video description services, and the conveyance of emergency information as required by section 303 of this title.” for “Such rules shall provide performance and display standards for such built-in decoder circuitry.”
3. Substituted · 47 U.S.C. § 330(b)
  Pub. L. 111–260, in first sentence substituted “closed-captioning service and video description service continue” for “closed-captioning service continues”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 111–260, in first sentence substituted “303(u) and (z)” for “303(u)”, in second sentence substituted “Such rules shall provide performance and display standards for such built-in decoder circuitry or capability designed to display closed captioned video programming, the transmission and delivery of video description services, and the conveyance of emergency information as required by section 303 of this title.” for “Such rules shall provide performance and display standards for such built-in decoder circuitry.”, and in fourth sentence substituted “closed-captioning service and video description service continue” for “closed-captioning service continues”.
Enacted provision · exact public law section
(c) Shipment in Commerce.— Section 330(b) of the Communications Act of 1934 (47 U.S.C. 330(b)) is amended— (1) by striking “303(u)” in the first sentence and inserting “303(u) and (z)”; (2) by striking the second sentence and inserting the following: “Such rules shall provide performance and display standards for such built-in decoder circuitry or capability designed to display closed captioned video programming, the transmission and delivery of video description services, and the conveyance of emergency information as required by section 303 of this Act.”; and (3) in the fourth sentence, by striking “closed-captioning service continues” and inserting “closed-captioning service and video description service continue”.

7 of 10 references resolved to an enrolled provision · 3 partial

Editorial Notes

References in Text

For definition of Canal Zone, referred to in subsec. (d)(2), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Amendments1990–2010 · 3 rounds

2010

Subsec. (b). Pub. L. 111–260, in first sentence substituted “303(u) and (z)” for “303(u)”, in second sentence substituted “Such rules shall provide performance and display standards for such built-in decoder circuitry or capability designed to display closed captioned video programming, the transmission and delivery of video description services, and the conveyance of emergency information as required by section 303 of this title.” for “Such rules shall provide performance and display standards for such built-in decoder circuitry.”, and in fourth sentence substituted “closed-captioning service and video description service continue” for “closed-captioning service continues”.

1996

Subsec. (c). Pub. L. 104–104, § 551(d)(1)(B), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 104–104, § 551(d)(2), in introductory provisions substituted “and sections 303(s), 303(u), and 303(x) of this title” for “section 303(s) of this title, and section 303(u) of this title”.

Pub. L. 104–104, § 551(d)(1)(B), redesignated subsec. (c) as (d).

1990

Subsecs. (b), (c). Pub. L. 101–431 added subsec. (b), redesignated former subsec. (b) as (c), and substituted “, section 303(s) of this title, and section 303(u) of this title” for “and section 303(s) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–431 effective July 1, 1993, see section 5 of Pub. L. 101–431, set out as a note under section 303 of this title.

Credits

1934–2010 · 4 acts

1934June 19, 1934, ch. 652, title III, § 330, as added Pub. L. 87–529, § 2, July 10, 1962, 76 Stat. 151
1990amended Pub. L. 101–431, § 4, Oct. 15, 1990, 104 Stat. 961
1996Pub. L. 104–104, title V, § 551(d), Feb. 8, 1996, 110 Stat. 141
2010Pub. L. 111–260, title II, § 203(c), Oct. 8, 2010, 124 Stat. 2773.

Show as published

(June 19, 1934, ch. 652, title III, § 330, as added Pub. L. 87–529, § 2, July 10, 1962, 76 Stat. 151; amended Pub. L. 101–431, § 4, Oct. 15, 1990, 104 Stat. 961; Pub. L. 104–104, title V, § 551(d), Feb. 8, 1996, 110 Stat. 141; Pub. L. 111–260, title II, § 203(c), Oct. 8, 2010, 124 Stat. 2773.)