§ 397. Definitions

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. § 397

   June 19, 1934, ch. 652, title III, § 397, formerly § 394, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67

   Source evidence

   Code source credit
   June 19, 1934, ch. 652, title III, § 397, formerly § 394, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67

2. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 105(a) · 81 Stat. 365

   Changed · 47 U.S.C. § 397(1)

   Pub. L. 90–129, § 105(a), included the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands in definition of “State”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 90–129, § 105(a), included the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands in definition of “State”.

   Enacted provision · exact public law section
   (a) Paragraph (1) of section 394 of the Communications Act of 1934 is amended by striking out “and” and inserting a comma in lieu thereof, and by inserting before the period at the end thereof “, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands”.

3. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 title I · 81 Stat. 365

   Changed · 47 U.S.C. § 397(2)

   Pub. L. 90–129, §§ 103(f)(1), 106, provided for application of term “construction” to educational radio broadcasting facilities and defined such term to include acquisition and installation of transmission apparatus necessary for radio broadcasting, and included costs of planning, respectively

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 90–129, §§ 103(f)(1), 106, provided for application of term “construction” to educational radio broadcasting facilities and defined such term to include acquisition and installation of transmission apparatus necessary for radio broadcasting, and included costs of planning, respectively.

   Enacted provision · exact public law
   TITLE I— CONSTRUCTION OF FACILITIES Sec. 101. extension of duration of construction grants for educational broadcasting (a) Section 391 of the Communications Act of 1934 (47 U.S.C. 391) is amended by inserting after the first sentence the following 76 Stat. 65. new sentence: “There are also authorized to be appropriated for carrying out the purposes of such section, $10,500,000 for the fiscal year ending June 30, 1968, $12,500,000 for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal year ending June 30, 1970.” (b) The last sentence of such section is amended by striking out “July 1, 1968” and inserting in lieu thereof “July 1, 1971”. 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.” Sec. 103. noncommercial educational radio broadcasting facilities (a) Section 390 of the Communications Act of 1934 (47 U.S.C. 390) is amended by inserting “noncommercial” before “educational” and by inserting “or radio” after “television”. (b) Subsection (a) of section 392 of the Communications Act of 1934 (47 U.S.C. 392(a)) is amended by— (1) inserting “noncommercial” before “educational” and by inserting “or radio” after “television” in so much thereof as precedes paragraph (1); (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,”; (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”; (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;”; (5) striking out “television” in paragraphs (2), (3), and (4) of such subsection: (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.” (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.” (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). (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). (f) (1) Paragraph (2) of section 394 of such Act (47 U.S.C. 394) is amended by inserting “or educational radio broadcasting facilities” after “educational television broadcasting facilities,” and by inserting “or radio broadcasting, as the case may be” after “necessary for television broadcasting”. (2) Paragraph (4) of such section is amended by striking out “The 76 Stat. 67. 47 USC 394. term ‘State educational television agency’ means” and inserting in lieu thereof “The terms ‘State educational television agency’ and ‘State educational radio agency’ mean, with respect to television broadcasting and radio broadcasting, respectively,” and by striking out “educational television” in clauses (A) and (C) and inserting in lieu thereof “such broadcasting”. (g) Section 397 of such Act (47 U.S.C. 397) is amended by inserting “or radio” after “television” in clause (2). 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.” Sec. 105. inclusion of territories (a) Paragraph (1) of section 394 of the Communications Act of 1934 is amended by striking out “and” and inserting a comma in lieu thereof, and by inserting before the period at the end thereof “, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands”. (b) Paragraph (4) of such section is amended by inserting “and, in the case of the Trust Territory of the Pacific Islands, means the High Commissioner thereof” before the period at the end thereof. Sec. 106. inclusion of costs of planning Paragraph (2) of section 394 of the Communications Act of 1934 is further amended by inserting at the end thereof the following: “In the case of apparatus the acquisition and installation of which is so included, such term also includes planning therefor.”

4. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 title I · 81 Stat. 365

   1. Substituted · 47 U.S.C. § 397(4)

      Pub. L. 90–129, §§ 103(f)(2), 105(b), substituted “The terms ‘State educational television agency’ and ‘State educational radio agency’ mean, with respect to television broadcasting and radio broadcasting, respectively,” for “The term ‘State educational television agency’ means” in cls. (A) and (B), and defined “Governor” to include the High Commissioner of the Trust Territory of the Pacific Islands, respectively

   2. Substituted · 47 U.S.C. § 397(4)

      Pub. L. 90–129, §§ 103(f)(2), 105(b), substituted “such broadcasting” for “educational television” in cls. (A) and (B), and defined “Governor” to include the High Commissioner of the Trust Territory of the Pacific Islands, respectively

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 90–129, §§ 103(f)(2), 105(b), substituted “The terms ‘State educational television agency’ and ‘State educational radio agency’ mean, with respect to television broadcasting and radio broadcasting, respectively,” for “The term ‘State educational television agency’ means” and “such broadcasting” for “educational television” in cls. (A) and (B), and defined “Governor” to include the High Commissioner of the Trust Territory of the Pacific Islands, respectively.

   Enacted provision · exact public law
   TITLE I— CONSTRUCTION OF FACILITIES Sec. 101. extension of duration of construction grants for educational broadcasting (a) Section 391 of the Communications Act of 1934 (47 U.S.C. 391) is amended by inserting after the first sentence the following 76 Stat. 65. new sentence: “There are also authorized to be appropriated for carrying out the purposes of such section, $10,500,000 for the fiscal year ending June 30, 1968, $12,500,000 for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal year ending June 30, 1970.” (b) The last sentence of such section is amended by striking out “July 1, 1968” and inserting in lieu thereof “July 1, 1971”. 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.” Sec. 103. noncommercial educational radio broadcasting facilities (a) Section 390 of the Communications Act of 1934 (47 U.S.C. 390) is amended by inserting “noncommercial” before “educational” and by inserting “or radio” after “television”. (b) Subsection (a) of section 392 of the Communications Act of 1934 (47 U.S.C. 392(a)) is amended by— (1) inserting “noncommercial” before “educational” and by inserting “or radio” after “television” in so much thereof as precedes paragraph (1); (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,”; (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”; (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;”; (5) striking out “television” in paragraphs (2), (3), and (4) of such subsection: (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.” (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.” (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). (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). (f) (1) Paragraph (2) of section 394 of such Act (47 U.S.C. 394) is amended by inserting “or educational radio broadcasting facilities” after “educational television broadcasting facilities,” and by inserting “or radio broadcasting, as the case may be” after “necessary for television broadcasting”. (2) Paragraph (4) of such section is amended by striking out “The 76 Stat. 67. 47 USC 394. term ‘State educational television agency’ means” and inserting in lieu thereof “The terms ‘State educational television agency’ and ‘State educational radio agency’ mean, with respect to television broadcasting and radio broadcasting, respectively,” and by striking out “educational television” in clauses (A) and (C) and inserting in lieu thereof “such broadcasting”. (g) Section 397 of such Act (47 U.S.C. 397) is amended by inserting “or radio” after “television” in clause (2). 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.” Sec. 105. inclusion of territories (a) Paragraph (1) of section 394 of the Communications Act of 1934 is amended by striking out “and” and inserting a comma in lieu thereof, and by inserting before the period at the end thereof “, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands”. (b) Paragraph (4) of such section is amended by inserting “and, in the case of the Trust Territory of the Pacific Islands, means the High Commissioner thereof” before the period at the end thereof. Sec. 106. inclusion of costs of planning Paragraph (2) of section 394 of the Communications Act of 1934 is further amended by inserting at the end thereof the following: “In the case of apparatus the acquisition and installation of which is so included, such term also includes planning therefor.”

5. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 § 201(6) · 81 Stat. 365

   Added · 47 U.S.C. § 397(6)(9)

   Pub. L. 90–129, § 201(6), added pars. (6) to (9)

   Source evidence

   Code amendment note
   Pars. (6) to (9). Pub. L. 90–129, § 201(6), added pars. (6) to (9).

   Enacted provision · exact public law section
   (6) inserting in the section of such part IV herein redesignated as section 397 the following new paragraphs: “(6) The term ‘Corporation’ means the Corporation authorized to be established by subpart B of this part. “(7) The term ‘noncommercial educational broadcast station’ means a television or radio broadcast station, which (A) under the rules and regulations of the Federal Communications Commission in effect on the date of enactment of the Public Broadcasting Act of 1967, is eligible to be licensed or is licensed by the Commission as a noncommercial educational radio or television broadcast station and which is owned and operated by a public agency or nonprofit private foundation, corporation, or association or (B) is owned and operated by a municipality and which transmits only noncommercial programs for educational purposes. “(8) The term ‘interconnection’ means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to noncommercial educational television or radio broadcast stations. “(9) The term ‘educational television or radio programs’ means programs which are primarily designed for educational or cultural purposes.”

6. 1975

   Public Broadcasting Financing Act of 1975

   Pub. L. 94–192 § 5 · 89 Stat. 1099

   Added · 47 U.S.C. § 397(10); 47 U.S.C. § 397(11)

   Pub. L. 94–192 added pars. (10) and (11)

   Source evidence

   Code amendment note
   Pars. (10), (11). Pub. L. 94–192 added pars. (10) and (11).

   Enacted provision · exact public law section
   Sec. 5. Section 397 of the Communications Act of 1934 is amended by inserting, after paragraph (9), the following paragraphs: “(10) The term ‘non-Federal financial support’ means the total value of cash and the fair market value of property and services (except for personal services of volunteers) received— “(A) as gifts, grants, bequests, donations, or other contributions for the construction or operation of noncommercial educational broadcast stations, or for the production, acquisition, distribution, or dissemination of educational television or radio programs, and related activities, from any source other than (i) the United States or any agency or establishment thereof, or (ii) any public broadcasting entity; or “(B) as gifts, grants, donations, contributions, or payments from any State, any agency or political subdivision of a State, or any educational institution, for the construction or operation of noncommercial educational broadcast stations or for the production, acquisition, distribution, or dissemination of educational television or radio programs, or payments in exchange for services or materials respecting the provision of educational or instructional television or radio programs. “(11) The term ‘public broadcasting entity’ means the Corporation, “Public broadcasting entity.” any licensee or permittee of a noncommercial educational broadcast station, or any nonprofit institution engaged primarily in the production, acquisition, distribution, or dissemination of educational television or radio programs.”.

7. 1976

   Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976

   Pub. L. 94–309 § 6 · 90 Stat. 683

   1. Substituted · 47 U.S.C. § 397(2)

      Pub. L. 94–309 substituted “transmission and reception apparatus” for “transmission apparatus”

   2. Substituted · 47 U.S.C. § 397(2)

      Pub. L. 94–309 substituted “closed circuit television or radio programs” for “closed circuit television programs”

   3. Inserted · 47 U.S.C. § 397(2)

      Pub. L. 94–309 inserted in parenthetical text reference to non-video recording equipment, radio subcarrier receivers and satellite transceivers

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 94–309 substituted “transmission and reception apparatus” for “transmission apparatus” and “closed circuit television or radio programs” for “closed circuit television programs” and inserted in parenthetical text reference to non-video recording equipment, radio subcarrier receivers and satellite transceivers.

   Enacted provision · exact public law section
   Sec. 6. construction Section 397(2) of the Communications Act of 1934 is amended to read as follows: “(2) The term ‘construction’, as applied to educational television broadcasting facilities or educational radio broadcasting facilities, means the acquisition and installation of transmission and reception apparatus, (including towers, microwave equipment, boosters, translators, repeaters, mobile equipment, video recording equipment, nonvideo recording equipment, radio subcarrier receivers, and satellite transceivers) necessary for television broadcasting or radio broadcasting, as the case may be, including apparatus which may incidentally be used for transmitting closed circuit television or radio programs, but such term does not include the construction or repair of structures to house such apparatus. In the case of apparatus, the acquisition and installation of which is so included, such term also includes planning therefor.”.

8. 1978

   Public Telecommunications Financing Act of 1978

   Pub. L. 95–567 title IV § 401 · 92 Stat. 2405

   Inserted · 47 U.S.C. § 397

   Pub. L. 95–567, revised definition of “construction”, “corporation”, “interconnection”, “noncommercial educational broadcast station”, “non-Federal financial support”, “Secretary” and “State”, inserted definitions of “meeting”, “interconnection system”, “noncommercial telecommunications entity”, “preoperational expenses”, “public telecommunications entity”, “public telecommunications facilities”, and “public telecommunications services”, and deleted definitions of “educational television or radio programs” and “State educational television agency” in order to make such definitions consistent with the chapter as amended

   Source evidence

   Code amendment note
   Pub. L. 95–567, revised definition of “construction”, “corporation”, “interconnection”, “noncommercial educational broadcast station”, “non-Federal financial support”, “Secretary” and “State”, inserted definitions of “meeting”, “interconnection system”, “noncommercial telecommunications entity”, “preoperational expenses”, “public telecommunications entity”, “public telecommunications facilities”, and “public telecommunications services”, and deleted definitions of “educational television or radio programs” and “State educational television agency” in order to make such definitions consistent with the chapter as amended.

   Enacted provision · exact public law section
   Sec. 401. definitions 47 USC 397. Section 397 of the Communications Act of 1934 is amended to read as follows: “Sec. 397. “definitions for the purposes of this part— “(1) The term ‘construction’ (as applied to public telecommunications facilities) means acquisition (including acquisition by lease), installation, and modernization of public telecommunications facilities and planning and preparatory steps incidental to any such acquisition. installation, or modernization. “(2) The term ‘Corporation’ means the Corporation for Public Broadcasting authorized to be established in subpart C. “(3) The term ‘interconnection’ means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to public telecommunications entities. “(4) The term ‘interconnection system’ means any system of inter-connection facilities used for the distribution of programs to public telecommunications entities. “(5) The term ‘meeting’ means the deliberations of at least the number of members of a governing or advisory body, or any committee thereof, required to take action on behalf of such body or committee where such deliberations determine or result, in the joint conduct or disposition of the governing or advisory body’s business, or the committee’s business, as the case may be, but only to the extent that such deliberations relate to public broadcasting. “(6) The terms ‘noncommercial educational broadcast station’ and ‘public broadcast station’ mean a television or radio broadcast station which— “(A) under the rules and regulations of the Commission in effect on the effective date of this paragraph, is eligible to be licensed by the Commission as a noncommercial educational radio or television broadcast station and which is owned and operated by a public agency or nonprofit private foundation, corporation, or association; or “(B) is owned and operated by a municipality and which transmits only noncommercial programs for education purposes. “(7) The term ‘noncommercial telecommunications entity’ means any enterprise which— “(A) is owned and operated by a State, a political or special purpose subdivision of a State, a public agency, or a nonprofit private foundation, corporation, or association; and “(B) has been organized primarily for the purpose of disseminating audio or video noncommercial educational and cultural programs to the public by means other than a primary television or radio broadcast station, including, but not limited to, coaxial cable, optical fiber, broadcast translators, cassettes, discs, microwave, or laser transmission through the atmosphere. “(8) The term ‘nonprofit’ (as applied to any foundation, corporation, or association) means a foundation, corporation, or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. “(9) The term ‘non-Federal financial support’ means the total value of cash and the fair market value of property and services (including, to the extent provided in the second sentence of this paragraph, the personal services of volunteers) received— “(A) as gifts, grants, bequests, donations, or other contributions for the construction or operation of noncommercial educational broadcast stations, or for the production, acquisition, distribution, or dissemination of educational television or radio programs, and related activities, from any source other than (i) the United States or any agency or instrumentality of the United States; or (ii) any public broadcastingentity; or “(B) as gifts, grants, donations, contributions, or payments from any State, or any educational institution, for the construction or operation of noncommercial educational broadcast stations or for the production, acquisition, distribution, or dissemination of educational television or radio programs, or payments in exchange for services or materials with respect to the provision of educational or instructional television or radio programs. Such term includes the fair market value of personal services of volunteers, as computed using the valuation standards established by the Corporation and approved by the Comptroller General pursuant to section 396(g) (5), but only with respect to such services provided Ante, p. 2412. to public telecommunications entities after such standards are approved by the Comptroller General and only, with respect to such an entity in a fiscal year, to the extent that the value of the services does not exceed 5 percent of the total non-Federal financial support of the entity in such fiscal year. “(10) The term ‘preoperational expenses’ means all nonconstruction costs incurred by new telecommunications entities before the date on which they begin providing service to the public, and all nonconstruction costs associated with expansion of existing entities before the date on which such expanded capacity is activated, except that such expenses shall not include any portion of the salaries of any personnel employed by an operating public telecommunications entity. “(11) The term ‘public broadcasting entity’ means the Corporation, any licensee or permittee of a public broadcast station, or any non-profit institution engaged primarily in the production, acquisition, distribution, or dissemination of educational and cultural television or radio programs. “(12) The term ‘public telecommunications entity’ means any enterprise which— “(A) is a public broadcast station or a noncommercial telecommunications entity; and “(B) disseminates public telecommunications services to the public. “(13) The term ‘public telecommunications facilities’ means apparatus necessary for production, interconnection, captioning, broadcast, or other distribution of programming, including, but not limited to, studio equipment, cameras, microphones, audio and video storage or reproduction equipment, or both, signal processors and switchers, towers, antennas, transmitters, translators, microwave equipment, mobile equipment, satellite communications equipment, instructional television fixed service equipment, subsidiary communications authorization transmitting and receiving equipment, cable television equipment, video and audio cassettes and discs, optical fiber communications equipment, and other means of transmitting, emitting, storing, and receiving images and sounds, or intelligence, except that such term does not include the buildings to house such apparatus (other than small equipment shelters which are part of satellite earth stations, translators, microwave interconnection facilities, and similar facilities). “(14) The term ‘public telecommunications services’ means non-commercial educational and cultural radio and television programs, and related noncommercial instructional or informational material that may be transmitted by means of electronic communications. “(15) The term ‘Secretary’ means the Secretary of Commerce when such term is used in subpart A, and the Secretary of Health, Education, and Welfare when such term is used in subpart B, subpart C, and this subpart. “(16) The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. “(17) The term ‘system of public telecommunications entities’ means any combination of public telecommunications entities acting cooperatively to produce, acquire, or distribute programs, or to undertake related activities.”.

   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.

9. 1981

   Pub. L. 97–35 title XII § 1234(b) · 95 Stat. 357

   Substituted · 47 U.S.C. § 397(15)

   Pub. L. 97–35 substituted “Health and Human Services” for “Health, Education, and Welfare”

   Source evidence

   Code amendment note
   Par. (15). Pub. L. 97–35 substituted “Health and Human Services” for “Health, Education, and Welfare”.

   Enacted provision · exact public law section
   (b) Section 397(15) of the Communications Act of 1934 (47 U.S.C. 397(15)) is amended by striking out “, Education, and Welfare” and inserting in lieu thereof “Human Services”.

10. 1990

    National Endowment for Children’s Educational Television Act of 1990

    Pub. L. 101–437 § 203(b)(1) · 104 Stat. 996

    Substituted · 47 U.S.C. § 397(2)

    Pub. L. 101–437, § 203(b)(1), substituted “subpart D” for “subpart C”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 101–437, § 203(b)(1), substituted “subpart D” for “subpart C”.

    Enacted provision · exact public law section
    (1) in paragraph (2) by striking “subpart C” and inserting in lieu thereof “subpart D”; and

11. 1990

    National Endowment for Children’s Educational Television Act of 1990

    Pub. L. 101–437 § 203(b)(2) · 104 Stat. 996

    1. Inserted · 47 U.S.C. § 397(15)

       Pub. L. 101–437, § 203(b)(2), inserted “and subpart B” after “subpart A”

    2. Substituted · 47 U.S.C. § 397(15)

       Pub. L. 101–437, § 203(b)(2), substituted “subpart C, subpart D” for “subpart B, subpart C”

    Source evidence

    Code amendment note
    Par. (15). Pub. L. 101–437, § 203(b)(2), inserted “and subpart B” after “subpart A” and substituted “subpart C, subpart D” for “subpart B, subpart C”.

    Enacted provision · exact public law section
    (2) in paragraph (15)— (A) by inserting “and subpart B” immediately after “subpart A”; and (B) by striking “subpart B, subpart C” and inserting in lieu thereof “subpart C, subpart D”.

12. 1996

    General Accounting Office Act of 1996

    Pub. L. 104–316 title I § 126(a) · 110 Stat. 3826

    Struck · 47 U.S.C. § 397(9)

    Pub. L. 104–316, in closing provisions, struck out “and approved by the Comptroller General pursuant to section 396(g)(5) of this title” after “by the Corporation” and “with respect to such services provided to public telecommunications entities after such standards are approved by the Comptroller General and only” before “, with respect to such an entity”

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 104–316, in closing provisions, struck out “and approved by the Comptroller General pursuant to section 396(g)(5) of this title” after “by the Corporation” and “with respect to such services provided to public telecommunications entities after such standards are approved by the Comptroller General and only” before “, with respect to such an entity”.

    Enacted provision · exact public law section
    (a) Approve Standards Adopted by the Corporation for Public Broadcasting for Valuing Volunteer Services.— Section 397(9) of the Communications Act of 1934 (47 U. S. C. 397(9)) is amended, in the last sentence— (1) by striking “and approved by the Comptroller General pursuant to section 396(g)(5)”; and (2) by striking “with respect to such services provided to public telecommunications entities after such standards are approved by the Comptroller General and only”.

12 of 16 references resolved to an enrolled provision · 4 partial