Title 47 — Telecommunications
Part IV · Chapter 5 — Wire or Radio Communication
§ 393. Criteria for approval and expenditures by Secretary
Statutory text
Construction and planning grants
The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with others, shall establish criteria for making construction and planning grants. Such criteria shall be consistent with the objectives and provisions set forth in this subpart, and shall be made available to interested parties upon request.
Basis for determination
The Secretary shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to subsection (a) and designed to achieve—
the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications services;
the expansion of the service areas of existing public telecommunications entities;
the development of public telecommunications facilities owned by, operated by, and available to minorities and women; and
the improvement of the capabilities of existing public broadcast stations to provide public telecommunications services, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals.
Noncommercial radio broadcast station facilities
Of the sums appropriated pursuant to section 391 of this title for any fiscal year, a substantial amount shall be available for the expansion and development of noncommercial radio broadcast station facilities.
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.
Pub. L. 87–447 · 76 Stat. 64
Enacted · 47 U.S.C. § 393
June 19, 1934, ch. 652, title III, § 393, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 66
Source evidence
Code source credit
June 19, 1934, ch. 652, title III, § 393, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 66Public Broadcasting Act of 1967
Pub. L. 90–129 title II § 201(2) · 81 Stat. 365
Substituted · 47 U.S.C. § 393
Pub. L. 90–129 substituted “subpart” for “part” wherever appearing
Source evidence
Code amendment note
Pub. L. 90–129 substituted “subpart” for “part” wherever appearing.Enacted provision · exact public law section
(2) striking out “part” and inserting in lieu thereof “subpart” in sections 390, 393,395, and 396;Public Telecommunications Financing Act of 1978
Pub. L. 95–567 title I § 104 · 92 Stat. 2405
Amended · 47 U.S.C. § 393
Pub. L. 95–567 amended section generally
Struck and inserted · 47 U.S.C. § 393
Pub. L. 95–567 striking out provisions dealing with keeping records and access to records by Secretary and Comptroller General and inserting provisions dealing with criteria for approval and expenditures by Secretary. See sections 392(h) and 395(h) of this title
Source evidence
Code amendment note
Pub. L. 95–567 amended section generally, striking out provisions dealing with keeping records and access to records by Secretary and Comptroller General and inserting provisions dealing with criteria for approval and expenditures by Secretary. See sections 392(h) and 395(h) of this title.Enacted provision · exact public law section
Sec. 104. criteria for approval and expenditures by secretary of commerce 47 USC 393. Section 393 of the Communications Act of 1934 is amended to read as follows: “Sec. 393. “criteria for approval and expenditures by secretary of commerce (a) The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with others, shall establish criteria for making construction and planning grants. Such criteria shall be consistent with the objectives and provisions set forth in this subpart, and shall be made available to interested parties upon request. “(b) Grants. The Secretary shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to subsection (a) and designed to achieve— “(1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications services; “(2) the expansion of the service areas of existing public telecommunications entities; “(3) the development of public telecommunications facilities owned by, operated by, and available to minorities and women; and “(4) the improvement of the capabilities of existing public broadcast stations to provide public telecommunications services. “(c) Ante, p. 2405. Of the funds appropriated pursuant to section 391 for any fiscal year, not less than 75 percent shall be available to extend delivery of public telecommunications services to areas not receiving such services through grants for facilities of new and existing public telecommunications entities, and preoperational expenses associated with such facilities. In choosing among applicants for grants, the Secretary shall compare the advantages of alternate technologies on the basis of costs and benefits. “(d) Noncommercial radio broadcast station facilities. Of the sums appropriated pursuant to section 391 for any fiscal year, a substantial amount shall lie available for the expansion and development of noncommercial radio broadcast station facilities.”.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.Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 title V § 5001(b) · 100 Stat. 82
Redesignated · 47 U.S.C. § 393(c); 47 U.S.C. § 393(d)
Pub. L. 99–272 redesignated subsec. (d) as (c)
Struck · 47 U.S.C. § 393(c); 47 U.S.C. § 393(d)
Pub. L. 99–272 struck out former subsec. (c) relating to extension of services to new areas
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 99–272 redesignated subsec. (d) as (c) and struck out former subsec. (c) relating to extension of services to new areas.Enacted provision · exact public law section
(b) Allocation of Appropriations.— Section 393 of the Communications Act of 1934 (47 U.S.C. 393) is amended— (1) by striking out subsection (c); and (2) by redesignating subsection (d) as subsection (c).Public Telecommunications Act of 1992
Pub. L. 102–356 § 3 · 106 Stat. 949
Inserted · 47 U.S.C. § 393(b)(4)
Pub. L. 102–356 inserted before period at end “, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 102–356 inserted before period at end “, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals”.Enacted provision · exact public law section
Sec. 3. services for underserved audiences Section 393(b)(4) of the Communications Act of 1934 (47 U.S.C. 393(b)(4)) is amended by inserting immediately before the period at the end the following: “, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals”.
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1967–1992 · 4 rounds
1992
Subsec. (b)(4). Pub. L. 102–356 inserted before period at end “, including services to underserved audiences such as deaf and hearing impaired individuals and blind and visually impaired individuals”.
1986
Subsecs. (c), (d). Pub. L. 99–272 redesignated subsec. (d) as (c) and struck out former subsec. (c) relating to extension of services to new areas.
1978
Pub. L. 95–567 amended section generally, striking out provisions dealing with keeping records and access to records by Secretary and Comptroller General and inserting provisions dealing with criteria for approval and expenditures by Secretary. See sections 392(h) and 395(h) of this title.
1967
Pub. L. 90–129 substituted “subpart” for “part” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–567 effective , see section 403 of Pub. L. 95–567, set out as a note under section 390 of this title.
Credits
1934–1992 · 5 acts
- 1934June 19, 1934, ch. 652, title III, § 393, as added Pub. L. 87–447, , 76 Stat. 66
- 1967amended Pub. L. 90–129, title II, § 201(2), , 81 Stat. 367
- 1978Pub. L. 95–567, title I, § 104, , 92 Stat. 2408
- 1986Pub. L. 99–272, title V, § 5001(b), , 100 Stat. 117
- 1992Pub. L. 102–356, § 3, , 106 Stat. 949.
Show as published
(June 19, 1934, ch. 652, title III, § 393, as added Pub. L. 87–447, , 76 Stat. 66; amended Pub. L. 90–129, title II, § 201(2), , 81 Stat. 367; Pub. L. 95–567, title I, § 104, , 92 Stat. 2408; Pub. L. 99–272, title V, § 5001(b), , 100 Stat. 117; Pub. L. 102–356, § 3, , 106 Stat. 949.)