§ 392. Grants for construction

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.

1. 1934

   Pub. L. 87–447 · 76 Stat. 64

   Enacted · 47 U.S.C. § 392

   June 19, 1934, ch. 652, title III, § 392, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 65

   Source evidence

   Code source credit
   June 19, 1934, ch. 652, title III, § 392, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 65

2. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 103(b)(1) · 81 Stat. 365

   Inserted · 47 U.S.C. § 392(a)

   Pub. L. 90–129, § 103(b)(1), inserted “noncommercial” and “or radio” in introductory text

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–129, § 103(b)(1), inserted “noncommercial” and “or radio” in introductory text.

   Enacted provision · exact public law section
   (1) inserting “noncommercial” before “educational” and by inserting “or radio” after “television” in so much thereof as precedes paragraph (1);

3. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 103(b)(2) · 81 Stat. 365

   Inserted · 47 U.S.C. § 392(a)(1)(B)

   Pub. L. 90–129, § 103(b)(2), required the State educational television agency applicant for a television facilities project to be a noncommercial agency and inserted requirement that applicant for a radio facilities project be a State educational radio agency

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 90–129, § 103(b)(2), required the State educational television agency applicant for a television facilities project to be a noncommercial agency and inserted requirement that applicant for a radio facilities project be a State educational radio agency.

   Enacted provision · exact public law section
   (2) striking out clause (B) of such paragraph and inserting in lieu 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,”;

4. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 103(b)(3) · 81 Stat. 365

   1. Amended · 47 U.S.C. § 392(a)(1)(D)

      Pub. L. 90–129, § 103(b)(3), designated existing provisions as cl. (i), made such cl. (i) applicable to television facilities projects and noncommercial television

   2. Added · 47 U.S.C. § 392(a)(1)(D)

      Pub. L. 90–129, § 103(b)(3), added cl. (ii) and provision for applicant meeting both television and radio broadcasting requirements

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D). Pub. L. 90–129, § 103(b)(3), designated existing provisions as cl. (i), made such cl. (i) applicable to television facilities projects and noncommercial television, and added cl. (ii) and provision for applicant meeting both television and radio broadcasting requirements.

   Enacted provision · exact public law section
   (3) inserting “(i) in the case of a project for television facilities,” after “(D)” and “noncommercial” before “educational” 76 Stat. 65. 47 USC 392. in paragraph (1)(D) and by inserting before the semicolon at the end of such paragraph “, 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”;

5. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 103(b)(4) · 81 Stat. 365

   Added · 47 U.S.C. § 392(a)(1)(E)

   Pub. L. 90–129, § 103(b)(4), added cl. (E)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(E). Pub. L. 90–129, § 103(b)(4), added cl. (E).

   Enacted provision · exact public law section
   (4) striking out “or” immediately preceding “(D)” in paragraph (1), and by striking out the semicolon at the end of such paragraph and inserting in lieu thereof the following: “, or (E) a municipality which owns and operates a broadcasting facility transmitting only noncommercial programs;”;

6. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 103(b)(5) · 81 Stat. 365

   Struck · 47 U.S.C. § 392(a)(2)(4)

   Pub. L. 90–129, § 103(b)(5), struck out “television” before “broadcasting facilities” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(2) to (4). Pub. L. 90–129, § 103(b)(5), struck out “television” before “broadcasting facilities” wherever appearing.

   Enacted provision · exact public law section
   (5) striking out “television” in paragraphs (2), (3), and (4) of such subsection:

7. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 103(b)(6) · 81 Stat. 365

   Added · 47 U.S.C. § 392(a)(5)

   Pub. L. 90–129, § 103(b)(6), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 90–129, § 103(b)(6), added par. (5).

   Enacted provision · exact public law section
   (6) striking out “and” at the end of paragraph (3), striking out the period at the end of paragraph (4) and inserting in lieu thereof “; and”, and inserting after paragraph (4) the following new paragraph: “(5) that, in the case of an application with respect to radio broadcasting facilities, there has been comprehensive planning for educational broadcasting facilities and services in the area the applicant proposes to serve and the applicant has participated in such planning, and the applicant will make the most efficient use of the frequency assignment.”

8. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 102 · 81 Stat. 365

   Substituted · 47 U.S.C. § 392(b)

   Pub. L. 90–129, § 102, substituted limitation on grants for construction of noncommercial educational television and radio broadcasting facilities in any State to 8½ per centum of fiscal year appropriation for former $1,000,000 limitation for construction of educational television broadcasting facilities in any State

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–129, § 102, substituted limitation on grants for construction of noncommercial educational television and radio broadcasting facilities in any State to 8½ per centum of fiscal year appropriation for former $1,000,000 limitation for construction of educational television broadcasting facilities in any State.

   Enacted provision · exact public law section
   Sec. 102. maximum on grants in any state Effective with respect to grants made from appropriations for any fiscal year beginning after June 30, 1967, subsection (b) of section 392 of the Communications Act of 1934 (47 U.S.C. 392(b)) is amended to read as follows: “(b) The total of the grants made under this part from the appropriation for any fiscal year for the construction of noncommercial educational television broadcasting facilities and noncommercial educational radio broadcasting facilities in any State may not exceed 8½ per centum of such appropriation.”

9. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 103(c) · 81 Stat. 365

   1. Amended · 47 U.S.C. § 392(c)

      Pub. L. 90–129, § 103(c), designated existing provisions as par. (1), restricted such provisions to noncommercial educational television broadcasting facilities

   2. Added · 47 U.S.C. § 392(c)

      Pub. L. 90–129, § 103(c), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 90–129, § 103(c), designated existing provisions as par. (1), restricted such provisions to noncommercial educational television broadcasting facilities, and added par. (2).

   Enacted provision · exact public law section
   (c) Subsection (c) of such section is amended by inserting “(1)” after “(c)” and “noncommercial” before “educational television broadcasting facilities”, and by inserting at the end thereof the following new paragraph: “(2) In order to assure proper coordination of construction of noncommercial educational radio broadcasting facilities within each State which has established a State educational radio agency, each applicant for a grant under this section for a project for construction of such facilities in such State, other than such agency, shall notify such agency of each application for such a grant which is submitted by it to the Secretary, and the Secretary shall advise such agency with respect, to the disposition of each such application.”

10. 1967

    Public Broadcasting Act of 1967

    Pub. L. 90–129 § 103(d) · 81 Stat. 365

    Inserted · 47 U.S.C. § 392(d)

    Pub. L. 90–129, § 103(d), inserted in cls. (2) and (3) “noncommercial” and “or noncommercial educational radio broadcasting facilities, as the case may be,” before and after “educational television broadcasting facilities”, respectively

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 90–129, § 103(d), inserted in cls. (2) and (3) “noncommercial” and “or noncommercial educational radio broadcasting facilities, as the case may be,” before and after “educational television broadcasting facilities”, respectively.

    Enacted provision · exact public law section
    (d) Subsection (d) of such section is amended by inserting “noncommercial” before “educational television” and inserting “or noncommercial educational radio broadcasting facilities, as the case may be,” after “educational television broadcasting facilities” in clauses (2) and (3).

11. 1967

    Public Broadcasting Act of 1967

    Pub. L. 90–129 § 104 · 81 Stat. 365

    Changed · 47 U.S.C. § 392(e)

    Pub. L. 90–129, § 104, increased the maximum Federal share in the cost of constructing educational broadcasting facilities from 50 to 75 percent, eliminated the additional credit, formerly allowed the grantee, of 25 percent of the cost of facilities owned by the applicant on the date his application is filed, eliminated the prohibition against using not more than 15 percent of a grant for the acquisition and installation of interconnection facilities, microwave equipment, boosters, translators, and repeaters, and provided for payment of cost of the project from the sum available therefor

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 90–129, § 104, increased the maximum Federal share in the cost of constructing educational broadcasting facilities from 50 to 75 percent, eliminated the additional credit, formerly allowed the grantee, of 25 percent of the cost of facilities owned by the applicant on the date his application is filed, eliminated the prohibition against using not more than 15 percent of a grant for the acquisition and installation of interconnection facilities, microwave equipment, boosters, translators, and repeaters, and provided for payment of cost of the project from the sum available therefor.

    Enacted provision · exact public law section
    Sec. 104. federal share of cost of construction Subsection (e) of section 392 of the Communications Act of 1934 (47 U.S.C. 392(e)) is amended to read as follows: “(e) Upon approving any application under this section with respect to any project, the Secretary shall make a grant to the applicant in the amount determined by him, but not exceeding 75 per centum of the amount determined by the Secretary to be the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sum available therefor, in advance or by way of reimbursement, and in such installments consistent with construction progress, as he may determine.”

12. 1967

    Public Broadcasting Act of 1967

    Pub. L. 90–129 § 103(e) · 81 Stat. 365

    Inserted · 47 U.S.C. § 392(f)

    Pub. L. 90–129, § 103(e), inserted “or radio” in introductory text and, in par. (2), “noncommercial” and “or noncommercial educational radio purposes, as the case may be” before and after “educational television purposes”, respectively

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 90–129, § 103(e), inserted “or radio” in introductory text and, in par. (2), “noncommercial” and “or noncommercial educational radio purposes, as the case may be” before and after “educational television purposes”, respectively.

    Enacted provision · exact public law section
    (e) Subsection (f) of such section is amended by inserting “or radio” after “television” in the part thereof which precedes paragraph (1), by inserting “noncommercial” before “educational television purposes” in paragraph (2) thereof, and by inserting “or noncommercial educational radio purposes, as the case may be” after “educational television purposes” in such paragraph (2).

13. 1976

    Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976

    Pub. L. 94–309 § 4(a) · 90 Stat. 683

    Substituted · 47 U.S.C. § 392(a)(1)(C)

    Pub. L. 94–309, § 4(a), substituted “a public or private nonprofit college or university or other educational or cultural institution which is affiliated with an eligible college or university” for “a college or university deriving its support in whole or in part from tax revenues”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 94–309, § 4(a), substituted “a public or private nonprofit college or university or other educational or cultural institution which is affiliated with an eligible college or university” for “a college or university deriving its support in whole or in part from tax revenues”.

    Enacted provision · exact public law section
    (a) Section 392(a)(1) of the Communications Act of 1934 is 47 USC 392. amended by striking out clause (C) and inserting in lieu thereof “(C) a public or private nonprofit college or university or other educational or cultural institution which is affiliated with an eligible college or university,”.

14. 1976

    Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976

    Pub. L. 94–309 § 4(b) · 90 Stat. 683

    Substituted · 47 U.S.C. § 392(d)

    Pub. L. 94–309, § 4(b), substituted separate provisions relating to grant criteria for television and for radio in place of single provision that Secretary shall base his determinations of whether to approve applications for grants and the amount of grants on criteria set forth in regulations and designed to achieve, with respect to noncommercial educational television channels, prompt and effective use of all such channels remaining available and, with respect to noncommercial educational television and radio broadcasting facilities, equitable geographical distribution of such facilities throughout the States and provision of such facilities which will serve the greatest number of persons in as many areas as possible and which are adaptable to the broadest educational uses

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 94–309, § 4(b), substituted separate provisions relating to grant criteria for television and for radio in place of single provision that Secretary shall base his determinations of whether to approve applications for grants and the amount of grants on criteria set forth in regulations and designed to achieve, with respect to noncommercial educational television channels, prompt and effective use of all such channels remaining available and, with respect to noncommercial educational television and radio broadcasting facilities, equitable geographical distribution of such facilities throughout the States and provision of such facilities which will serve the greatest number of persons in as many areas as possible and which are adaptable to the broadest educational uses.

    Enacted provision · exact public law section
    (b) Section 392(d) of such Act is amended to read as follows: “(d) (1) The Secretary shall base his determinations of whether to approve applications for television grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) a strengthening of the capability of existing noncommercial educational television stations to provide local services; (B) the adaptation of existing noncommercial educational television facilities to broaden educational uses; and (C) extension of noncommercial educational television services, with due consideration to equitable geographic coverage throughout the United States. “(2) The Secretary shall base his determination of whether to approve applications for radio grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) extension of noncommercial educational radio services with due consideration to equitable geographic coverage throughout the United States; (B) a strengthening of the capability of existing noncommercial educational radio stations to provide local service; and (C) the provision of multiple radio stations in major population centers to broaden services for special interest, minority, and educational uses.”.

15. 1978

    Public Telecommunications Financing Act of 1978

    Pub. L. 95–567 title I § 103(a) · 92 Stat. 2405

    1. Inserted · 47 U.S.C. § 392

       Pub. L. 95–567 completely revised and restructured existing provisions, inserting provisions requiring applicant to submit a 5 year plan, allowing nonprofit educational or cultural groups to apply for grants, authorizing the Secretary to make grants up to 75 percent of the cost, establishing rules and regulations for approving grants and administering grants made before, on or after Nov. 2, 1978

    2. Struck · 47 U.S.C. § 392

       Pub. L. 95–567 completely revised and restructured existing provisions, striking out provisions for an 8½ percent limit on grants and criteria for awarding grants

    Source evidence

    Code amendment note
    Pub. L. 95–567 completely revised and restructured existing provisions, inserting provisions requiring applicant to submit a 5 year plan, allowing nonprofit educational or cultural groups to apply for grants, authorizing the Secretary to make grants up to 75 percent of the cost, establishing rules and regulations for approving grants and administering grants made before, on or after Nov. 2, 1978, and striking out provisions for an 8½ percent limit on grants and criteria for awarding grants.

    Enacted provision · exact public law section
    (a) Section 392 of the Communications Act of 1934 is amended 47 USC 392. to read as follows: “Sec. 392. “grants for construction and planning (a) for each project for the construction of public telecommunications 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 require, including the total cost of such project, the amount of the grant requested for such project, and a 5-year plan outlining the applicant’s projected facilities requirements and the projected costs of such facilities requirements. Each applicant shall also provide assurances satisfactory to the Secretary that— “(1) the applicant is (A) a public broadcast station; (B) a noncommercial telecommunications entity; (C) a system of public telecommunications entities; (D) a nonprofit foundation, corporation, institution, or association organized primarily for educational or cultural purposes; or (E) a State or local government (or any agency thereof), or a political or special purpose sub-division of a State; “(2) the operation of such public telecommunications facilities will be under the control of the applicant; “(3) necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed; “(4) such public telecommunications facilities will be used only for the provision of public telecommunications services; “(5) the applicant has participated in comprehensive planning for such public telecommunications facilities in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate technologies and coordination with State educational television and radio agencies, as appropriate; and “(6) the applicant will make the most efficient use of the grant. “(b) Upon approving any application under this section with respect to any project for the construction of public telecommunications facilities, the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amount shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of such project. “(c) The Secretary may provide such funds as the Secretary deems necessary for the planning of any project for which construction funds may be obtained under this section. An applicant for a planning grant shall provide such information with respect to such project as the Secretary may require and shall provide assurances satisfactory to the Secretary that the applicant meets the eligible requirements of subsection (a) to receive construction assistance. “(d) Any studies conducted by or for any grant recipient under this section shall be. provided to the Secretary, if such studies are conducted through the use of funds received under this section. “(e) Rules and regulations. The Secretary shall establish such rules and regulations as may be necessary to carry out this subpart, including rules and regulations relating to the order of priority in approving applications for construction projects and relating to determining the amount of each grant for such projects. “(f) Post, p. 2408. In establishing criteria for grants pursuant to section 393 and in establishing procedures relating to the order of priority established in subsection (e) in approving applications for grants, the Secretary shall give special consideration to applications which would increase minority and women’s ownership of, operation of, and par-ticipation in public telecommunications entities. The Secretary shall Minorities and women, notice. take affirmative steps to inform minorities and women of the availability of funds under this subpart, and the localities where new public telecommunications facilities are needed, and to provide such other assistance and information as may be appropriate. “(g) If, within 10 years after completion of any project for construction of public telecommunications facilities with respect to which a grant has been made under this section— “(1) the applicant or other owner of such facilities ceases to be an agency, institution, foundation, corporation, association, or other entity described in subsection (a) (1); or “(2) such facilities cease to be used only for the provision of public telecommunications services (unless the Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so); the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the value of such facilities at the time the applicant ceases to be such an entity or at the time of such determination (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated), as the amount of the Federal participation bore to the cost of construction of such facilities. “(h) Each recipient of assistance under this subpart shall keep Recordkeeping requirements. such records as may be reasonably necessary to enable the Secretary to carry out the functions of the Secretary under this subpart, including a complete and itemized inventory of all public telecommunications facilities under the control of such recipient, and records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project in connection with which such assistance is given or used, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. “(i) The Secretary and the Comptroller General of the United Books, documents, records, accessibility. States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any recipient of assistance under this subpart that are pertinent to assistance received under this subpart.”.

    Effective date note
    Amendment by Pub. L. 95–567 effective Nov. 2, 1978, see section 403 of Pub. L. 95–567, set out as a note under section 390 of this title.

16. 1981

    Pub. L. 97–35 § 1223(a) · 95 Stat. 357

    1. Inserted · 47 U.S.C. § 392(a)(4)

       Pub. L. 97–35, § 1223(a), inserted provisions relating to noninterference of facilities with services required under this part

    2. Substituted · 47 U.S.C. § 392(a)(4)

       Pub. L. 97–35, § 1223(a), substituted “primarily” for “only”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 97–35, § 1223(a), inserted provisions relating to noninterference of facilities with services required under this part, and substituted “primarily” for “only”.

    Enacted provision · exact public law section
    (a) Section 392(a)(4) of the Communications Act of 1934 (47 U.S.C. 392(a)(4)) is amended by striking out “only” and inserting in lieu thereof “primarily”, and by inserting before the semicolon at the end thereof the following: “, and that the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services will not interfere with the provision of such public telecommunications services as required in this part”.

17. 1981

    Pub. L. 97–35 § 1223(b) · 95 Stat. 357

    Substituted · 47 U.S.C. § 392(g)(2)

    Pub. L. 97–35, § 1223(b), substituted “primarily” for “only”, and provisions relating to interference of uses of facilities for provisions relating to good cause for release of applicant or owner from requirements

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 97–35, § 1223(b), substituted “primarily” for “only”, and provisions relating to interference of uses of facilities for provisions relating to good cause for release of applicant or owner from requirements.

    Enacted provision · exact public law section
    (b) Section 392(g)(2) of the Communications Act of 1934 (47 U.S.C. 392(g)(2)) is amended— (1) by striking out “only” and inserting in lieu thereof “primarily”; and (2) by striking out “(unless” and all that follows through “do so)” and inserting in lieu thereof the following: “(or the use of such public telecommunications facilities for purposes other than the provision of public telecommunications services interferes with the provision of such public telecommunications services as required in this part)”.

20 of 21 references resolved to an enrolled provision · 1 partial