§ 405. Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order

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. 73–652 · 48 Stat. 1064

   Enacted · 47 U.S.C. § 405

   June 19, 1934, ch. 652, title IV, § 405, 48 Stat. 1095

   Source evidence

   Code source credit
   June 19, 1934, ch. 652, title IV, § 405, 48 Stat. 1095

2. 1960

   Communications Act Amendments, 1960

   Pub. L. 86–752 § 4(c) · 74 Stat. 889

   1. Substituted · 47 U.S.C. § 405

      Pub. L. 86–752 substituted “any party” for “and party” in first sentence

   2. Inserted · 47 U.S.C. § 405

      Pub. L. 86–752 inserted sentence dealing with disposition of petitions for rehearing

   Source evidence

   Code amendment note
   Pub. L. 86–752 substituted “any party” for “and party” in first sentence, and inserted sentence dealing with disposition of petitions for rehearing.

   Enacted provision · exact public law section
   (c) Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended— (1) by striking out “and party” in the first sentence and inserting in lieu thereof “any party”, and (2) by inserting after the fourth sentence a new sentence as follows: “The Commission shall enter an order, with a concise statement of the reasons therefor, denying a petition for rehearing or granting such petition, in whole or in part, and ordering such further proceedings as may be appropriate: Provided, That in any case where such petition relates to an instrument of authorization granted without a hearing, the Commission shall take such action within ninety days of the filing of such petition.”

   Effective date note
   Pub. L. 86–752, § 4(d)(4), Sept. 13, 1960, 74 Stat. 892, provided that: “The amendment made by paragraph (2) of subsection (c) of this section [amending this section] shall only apply to petitions for rehearing filed on or after the date of the enactment of this Act [Sept. 13, 1960].”

3. 1961

   Pub. L. 87–192 § 3 · 75 Stat. 420

   1. Substituted · 47 U.S.C. § 405

      Pub. L. 87–192 provided for petition for rehearing to the authority making or taking the order, decision, report, or action, substituted references to report and action for requirement, wherever else appearing

   2. Inserted · 47 U.S.C. § 405

      Pub. L. 87–192 provided for petition for rehearing to the authority making or taking the order, decision, report, or action, inserted references to proceeding by any designated authority within the Commission, wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 87–192 provided for petition for rehearing to the authority making or taking the order, decision, report, or action, substituted references to report and action for requirement, wherever else appearing, and inserted references to proceeding by any designated authority within the Commission, wherever appearing.

   Enacted provision · exact public law section
   Sec. 3. Section 405 of the Communications Act of 1934, as amended, 47 USC 405. is hereby amended to read as follows: “Sec. 405. After an order, decision, report, or action has been made or taken in any proceeding by the Commission, or by any designated authority within the Commission pursuant to a delegation under section 5(d)(1), any party thereto, or any other person aggrieved or Ante, p. 420. whose interests are adversely affected thereby, may petition for rehearing only to the authority making or taking the order, decision, report, or action; and it shall be lawful for such authority, whether it be the Commission or other authority designated under section 5 (d)(1), in its discretion, to grant such a rehearing if sufficient reason therefor be made to appear. A petition for rehearing must be filed within thirty days from the date upon which public notice is given of the order, decision, report, or action complained of. No such application shall excuse any person from complying with or obeying any order, decision, report, or action of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. The filing of a petition for rehearing shall not be a condition precedent to judicial review of any such order, decision, report, or action, except where the party seeking such review (1) was not a party to the proceedings resulting in such order, decision, report, or action, or (2) relies on questions of fact or law upon which the Commission, or designated authority within the Commission, has been afforded no opportunity to pass. The Commission, or designated authority within the Commission, shall enter an order, with a concise statement of the reasons therefor, denying a petition for rehearing or granting such petition, in whole or in part, and ordering such further proceedings as may be appropriate: Provided, That in any case where such petition relates to an instrument of authorization granted without a hearing, the Commission, or desig-nated authority within the Commission, shall take such action within ninety days of the filing of such petition. Rehearings shall be governed by such general rules as the Commission may establish, except that no evidence other than newly discovered evidence, evidence which has become available only since the original taking of evidence, or evidence which the Commission or designated authority within the Commission believes should have been taken in the original proceeding shall be taken on any rehearing. The time within which a petition 47 USC 402. for review must be filed in a proceeding to which section 402(a) applies, or within which an appeal must be taken under section 402 (b) in any case, shall be computed from the date upon which public notice is given of orders disposing of all petitions for rehearing filed with the Commission in such proceeding or case, but any order, decision, report, or action made or taken after such rehearing reversing, changing, or modifying the original order shall be subject to the same provisions with respect to rehearing as an original order.”

4. 1982

   Pub. L. 97–259 title I · 96 Stat. 1087

   1. Substituted · 47 U.S.C. § 405

      Pub. L. 97–259 substituted “reconsideration” for “rehearing”

   2. Substituted · 47 U.S.C. § 405

      Pub. L. 97–259 substituted “the Commission gives public notice of the order, decision, report, or action complained of” for “public notice is given of orders disposing of all petitions for rehearing filed with the Commission in such proceeding or case, but any order, decision, report, or action made or taken after such rehearing reversing, changing, or modifying the original order shall be subject to the same provisions with respect to rehearing as an original order”

   Source evidence

   Code amendment note
   Pub. L. 97–259 substituted “reconsideration” for “rehearing” wherever appearing and “the Commission gives public notice of the order, decision, report, or action complained of” for “public notice is given of orders disposing of all petitions for rehearing filed with the Commission in such proceeding or case, but any order, decision, report, or action made or taken after such rehearing reversing, changing, or modifying the original order shall be subject to the same provisions with respect to rehearing as an original order”.

   Enacted provision · exact public law
   TITLE I— COMMUNICATIONS AMENDMENTS short title Section 101. This title may be cited as the “Communications 47 USC 609 note. Amendments Act of 1982”. financial interests of members and employees of federal communications commission Sec. 102. Section 4(b) of the Communications Act of 1934 (47 U.S.C. 154(b)) is amended to read as follows: “(b) (1) Each member of the Commission shall be a citizen of the United States. “(2) (A) No member of the Commission or person employed by the Prohibitions. Commission shall— “(i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission; “(ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum; “(iii) be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or “(iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this Act; except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission. “(B) (i) The Commission shall have authority to waive, from time to Waiver authority. time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18, United States Code. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission. “(ii) In Notice; publication in Federal Register; notification to congressional committees. any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver. “(3) The Commission, in determining whether a company or other entity has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)— “(A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or other entity; “(B) the extent to which the Commission regulates and oversees the activities of such company or other entity; “(C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and “(D) the perceptions held by the public regarding the business activities of such company or other entity. “(4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members. “(5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission.”. appointment, terms of office, salary, and compensation of members of commission Sec. 103. (a) Section 4(c) of the Communications Act of 1934 (47 U.S.C. 154(c)) is amended— (1) by striking out “The”; (2) by striking out “first appointed” and all that follows through “but their successors”; and (3) by striking out “qualified” and inserting in lieu thereof “been confirmed and taken the oath of office”. (b) Section 4(d) of the Communications Act of 1934 (47 U.S.C. 154(d)) is amended to read as follows: “(d) Each Commissioner shall receive an annual salary at the annual rate payable from time to time for level IV of the Executive Schedule, 5 USC 5315. payable in monthly installments. The Chairman of the Commission, during the period of his service as Chairman, shall receive an annual salary at the annual rate payable from time to time 5 USC 5314. for level III of the Executive Schedule.”. (c) Section 4(f)(2) of the Communications Act of 1934 (47 U.S.C. 154(f)(2)) is amended by strikingout “a legal assistant, an engineering assistant,” and inserting in lieu thereof “three professional assistants”. (d) Section 4(g) of the Communications Act of 1934 (47 U.S.C. 154(g)) is amenaed by inserting “(1)” after the subsection designation, and by adding at the end thereof the following new paragraph: “(2) (A) If— “(i) thenecessary expenses specified in the last sentence of paragraph (1) have been incurred for the purpose of enabling commissioners or employees of the Commission to attend and participate in any convention, conference, or meeting; “(ii) such attendance and participation are in furtherance of the functions of the Commission; and “(iii) such attendance and participation are requested by the person sponsoring such convention, conference, or meeting; then the Commission shall have authority to accept direct reimbursement from such sponsor for such necessary expenses. “(B) The total amount of unreimbursed expenditures made by the Commission for travel for any fiscal year, together with the total amount of reimbursements which the Commission accepts under subparagraph (A) for such fiscal year, shall not exceed the level of travel expenses appropriated to the Commission for such fiscal year. “(C) The Commission shall submit to the appropriate committees Publication in Federal Register. of the Congress, and publish in the Federal Register, quarterly reports specifying reimbursements which the Commission has accepted under this paragraph. “(D) The provisions of this paragraph shall cease to have any force or effect at the end of fiscal year 1985.”. (e) Section 4(k)(2) of the Communications Act of 1934 (47 U.S.C. 154(k)(2)) is amended by striking out “: Provided, That the” and all that follows through “by such reports”. (f) Section 4(k) of the Communications Act of 1934 (47 U.S.C. 154(k)) is amended by redesignating paragraph (4) and paragraph (5) as paragraph (3) and paragraph (4), respectively. (g) Section 4(k)(4) of the Communications Act of 1934, as so redesignated in subsection (f), is amended by striking out “Bureau of the Budget” and inserting in lieu thereof “Office of Management and Budget”. use of amateur volunteers for certain purposes Sec. 104. Section 4(f) of the Communications Act of 1934 (47 U.S.C. 154(0) is amended by adding at the end thereof the following new paragraph: “(4) (A) The Commission, for purposes of preparing any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher class than the class license for which the examination is beingprepared. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license. “(B) The Commission, for purposes of administering any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher class than the class license for which the examination is being conducted. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license. Any person who owns a significant interest in, or is an employee of, any company or other entity which is engaged in the manufacture or distribution of equipment used in connection with amateur radio transmissions, or in the preparation or distribution of any publication used in preparation for obtaining amateur station operator licenses, shall not be eligible to render any service under this subparagraph. “(C) (i) The Commission, for purposes of monitoring violations of any provision of this Act (and of any regulation prescribed by the Commission under this Act) relating to the amateur radio service, may— “(I) recruit and train any individual licensed by the Commission to operate an amateur station; and “(II) accept and employ the voluntary and uncompensated services of such individual. “(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of any amateur station operator organization. “(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to— “(I) the detection of improper amateur radio transmissions; “(II) the conveyance to Commission personnel of information which is essential to the enforcement of this Act (or regulations prescribed by the Commission under this Act) relating to the amateur radio service; and “(III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this Act (or regulations prescribed by the Commission under this Act) relating to the amateur radio service. Nothing in this clause shall be construed to grant indiividuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule. “(D) (i) The Commission, for purposes of monitoring violations of any provision of this Act (and of any regulation prescribed by the Commission under this Act) relating to the citizens band radio service, may— “(I) recruit and train any cituens band radio operator; and “(II) accept and employ the voluntary and uncompensated services of such operator. “(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of any citizens band radio operator organization. The Commission, in accepting and employing services of individuals under this subparagraph, shall seek to achieve a broad representation of individuals and organizations interested in citizens band radio operation. “(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to— “(I) the detection of improper citizens band radio transmissions; “(II) the conveyance to Commission personnel of information which is essential to the enforcement of this Act (or regulations prescribed by the Commission under this Act) relating to the citizens band radio service; and “(III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this Act (or regulations prescribed by the Commission under this Act) relating to the citizens band radio service. Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule. “(E) The authority of the Commission established in this paragraph shall not be subject to or affected by the provisions of part III of title 5, United States Code, or section 3679(b) of the Revised 5 USC 2101. Statutes (31 U.S.C. 665(b)). “(F) Any person who provides services under this paragraph shall not be considered, by reason of having provided such services, a Federal employee. “(G) The Commission, in accepting and employing services of individuals under subparagraphs (A), (B), and (C), shall seek to achieve a broad representation of individuals and organizations interested in amateur station operation. “(H) The Commission may establish rules of conduct and other Rules of conduct and regulations. regulations governing the service of individuals under this paragraph.”. organization and functioning of commission Sec. 105. (a) Section 5(b) of the Communications Act of 1934 (47 U.S.C. 155(b)) is amended— (1) by striking out “Within” and all that follows through “and from” and inserting in lieu thereof “From”; and (2) by striking out “thereafter”. (b) Section 5 of the Communications Act of 1934 (47 U.S.C. 155) is amended by redesignating subsection (d) and subsection (e) as subsection (c) and subsection (d), respectively. (c) The first sentence of section 5(c)(1) of the Communications Act of 1934, as so redesignated in subsection (b), is amended by striking out “three” and inserting in lieu thereof “two”. regulation of pole attachments Sec. 106. Section 224 of the Communications Act of 1934 (47 U.S.C. 224) is amended by striking out subsection (e) thereof. jurisdiction of commission Sec. 107. Section 301 of the Communications Act of 1934 (47 U.S.C. 301) is amended— (1) by striking out “interstate and foreign”; (2) by inserting “State,” after “any” the third place it appears therein; (3) by inserting a comma after “Territory” the first place it appears therein; and (4) by inserting “State,” after “same”. interference with electronic equipment Sec. 108. (a) (1) The first sentence of section 302(a) of the Communications Act of 1934 (47 U.S.C. 302(a)) is amended by inserting “(1)” 47 USC 302a. after “regulations”, and by inserting before the period at the end thereof the following: “; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy”. (2) 47 USC 302a. The last sentence of section 302(a) of the Communications Act of 1934 (47 U.S.C. 302(a)) is amended by striking out “shipment, or use of such devices” and inserting in lieu thereof “or shipment of such devices and home electronic equipment and systems, and to the use of such devices”. (3) 47 USC 302a. Section 302(b) of the Communications Act of 1934 (47 U.S.C. 302(b)) is amended bl strilting out “ship, or use devices” and inserting in lieu thereof ‘or ship devices or home electronic equipment and systems, or use devices,”. (4) 47 USC 302a. Section 302(c) of the Communications Act of 1934 (47 U.S.C. 302(c)) is amended— (A) in the first sentence thereof, by inserting “or home electronic equipment and systems” after “devices” each place it appears therein; and (B) in the last sentence thereof, by inserting “and home electronic equipment and systems” after “Devices”, by strilting out “common objective” and inserting in lieu thereof “objectives”, and by inserting “and tohome electronic equipment and systems” after “reception”. (b) 47 USC 302a note. Any minimum performance standard established by the Federal Communications Commission under section 302(a)(2) of the Communications Act of 1934, as added by the amendment made in subsection (a)(1), shall not apply to any home electronic equipment or systems manufactured before the date of the enactment of this Act. qualifications of station operators Sec. 109. Section 303(l)(1) of the Communications Act of 1934 (47 U.S.C. 303(l)(1)) is amended— (1) by striking out “such citizens” and all that follows through “qualified” and inserting in lieu thereof “persons who are found to be qualified by the Commission and who otherwise are legally eligible for employment in the United States”; and (2) by striking out “in issuing licenses” and all that follows through the end thereof and inserting in lieu thereof the following: “such requirement relating to eligibility for employment in the United States shall not apply in the case of licenses issued by the Commission to (A) persons holding United States pilot certificates; or (B) persons holding foreign aircraft pilot certificates which are valid in the United States, if the foreign government involved has entered into a reciprocal agreement under which such foreign government does not impose any similar requirement relating to eligibility for employment upon citizens of the United States;”. grounds for suspension of licenses Sec. 110. Section 303(m)(1)(A) of the Communications Act of 1934 (47 U.S.C. 303(m)(1)(A)) is amended by inserting “, or caused, aided, or abetted the violation of,” after “violated”. licensing of certain aircraft radio stations and operators Sec. 111. (a) Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following new paragraph: “(t) Notwithstanding the provisions of section 801(e), have authority, in any case in which an aircraft registered in the United States is operated (pursuant to a lease, charter, or similar arrangement) by an aircraft operator who is subject to regulation by the government of a foreign nation, to enter into an agreement with such government under which the Commission shall recognize and accept any radio station licenses and radio operator licenses issued by such government with respect to such aircraft.”. (b) Section 301(e) of the Communications Act of 1934 (47 U.S.C. 301(e)) is amended by inserting “(except as provided in section 303(t))” after “United States”. revision of license terms Sec. 112. (a) Section 307 of the Communications Act of 1934 (47 U.S.C. 807) is amended by striking out subsection (c), and by redesignating subsection (d) and subsection (e) as subsection (c) and subsection (d), respectively. (b) Section 307(c) of the Communications Act of 1934, as so redesignated in subsection (a), is amended— (1) by striking out “five years” the second place and the last place it appears therein and inserting in lieu thereof “ten years”; and (2) by inserting after the second sentence thereof the following new sentence: “The term of any license for the operation of any auxiliary broadcast station or equipment which can be used only in conjunction with a primary radio, television, or translator station shall be concurrent with the term of the license for such primary radio, television, or translator station.”. authority to operate certain radio stations without individual licenses Sec. 113. (a) Section 307 of the Communications Act of 1934, as amended in section 112(a), is further amended by adding at the end thereof the following new subsection: “(e) (1) Notwithstanding any licensing requirement established in this Act, the Commission may by rule authorize the operation of radio stations without individual licenses in the radio control service and the citizens band radio service if the Commission determines that such authorization serves the public interest, convenience, and necessity. “(2) Any radio station operator who is authorized by the Commission under paragraph (1) to operate without an individual lice11$8 shall comply with all other provisions of this Act and with rules prescribed by the Commission under this Act. “(3) For purposes of this subsection, the terms ‘radio control service’ and ‘citizens band radio service’ shall have the meanings given them by the Commission by rule.”. (b) Section 308(n) of the Communications Act of 1934 (47 U.S.C. 303(n)) is amended by inserting after “any Act” the first place it appears therein the following: “, or which the Commission by rule has authorized to operate without a license under section 307(e)(1),”. authorization of temporary operations Sec. 114. Section 309(f) of the Communications Act of 1934 (47 U.S.C. 309(f)) is amended— (1) by striking out “emergency” each elace it appears therein and inserting in lieu thereof “temporary”; (2) by striking out “one additional period” and inserting in lieu thereof “additional periods”; and (3) by striking out “ninety days” and inserting in lieu thereof “180 days”. random selection system for certain licenses and permits Sec. 115. (a) Section 309(i)(1) of the Communications Act of 1934 (47 95 Stat. 736. U.S.C. 309(i)(1)) is amended— (1) by striking out “applicant” the first place it appears therein and inserting in lieu thereof “application”; and (2) by striking out “the qualifications of each such applicant under section 308(b)” and mserting in lieu thereof “that each such application is acceptable for filing”. (b) Section 309(i)(2) of the Communications Act of 1934 (47 U.S.C. 309(i)(2)) is amended to read as follows: “(2) No license or construction permit shall be granted to an applicant selected pursuant to paragraph (1) unless the Commission determines the qualifications of such applicant pursuant to subsection Hearing. (a) and section 308(b). When substantial an material questions of fact exist concerning such qualifications, the Commission shall conduct a hearing in order to make such determinations. For the purpose of making such determinations, the Commission may, by rule, and notwithstanding any other provision of law— “(A) adopt procedures for the submission of all or part of the evidence in written form; “(B) delegate the function of presiding at the taking of written evidence to Commission employees other than administrative law judges; and “(C) omit the determination required by subsection (a) with respect to any application other than the oneselected pursuant to paragraph (1).”. (c) (1) Section 309(i)(3)(A) of the Communications Act of 1934 (47 U.S.C. 309(i)(3)(A)) is amended by striking out “, groups” the first place it appears therein, and all that follows through the end thereof, and inserting in lieu thereof the following: “used for granting licenses or construction permits for any media of mass communications, significant preferences will be granted to applicants or groups of applicants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To further diversify the ownership of the media of mass communications, an additional significant preference shall be granted to any applicant controlled by a member or members of a minority group.”. (2) Section 309(i)(3) of the Communications Act of 1934 (47 U.S.C. 309(i)(3)) is amended by adding at the end thereof the following new subparagraph: “(C) For purposesof this paragraph: “(i) The term ‘media of mass communications’ includes television “Media of mass communications.” , radio, cable television, multipoint distribution service, direct broadcast satellite service, and other services, the licensed facilities of which may be substantially devoted toward providing programming or other information services within the editorial control of the licensee. “(ii) The term ‘minority group’ includes Blacks, Hispanics, “Minority group.” American Indians, Alaska Natives, Asians, and Pacific Islanders.”. (d) Section 309(i)(4)(A) of the Communications Act of 1934 (47 U.S.C. 309(i)(4)(A)) is amended by striking out “effective date of this subsection” and inserting in lieu thereof “date of the enactment of the Communications Technical Amendments Act of 1982”. agreements relating to withdrawal of certain applications Sec. 116. (a) Section 311(c)(3) of the Communications Act of 1934 (47 U.S.C. 311(c)(3)) is amended by striking out “the agreement” the second place it appears therein and all that follows through the end thereof and inserting in lieu thereof the following: “(A) the agreement is consistent with the public interest, convenience, or necessity; and (B) no party to the agreement filed its application for the purpose of reaching or carrying out such agreement.”. (b) Section 311(d)(1) of the Communications Act of 1934 (47 U.S.C. 311(d)(1)) is amended by striking out “two or more” and all that 95 Stat. 737. follows through “station” and inserting in lieu thereof the following: “an application for the renewal of a license granted for the operation of a broadcasting station and one or more applications for a construction permit relating to such station”. (c) Section 3ll(d)(3) of the Communications Act of 1934 (47 U.S.C. 3ll(d)(3)) is amended by striking out “license”. willful or repeated violations Sec. 117. Section 312 of the Communications Act of 1934 (47 U.S.C. Definitions. 312) is amended by adding at the end thereof the following new subsection: “(f) For purposes of this section: “(1) The term ‘willful’, when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States. “(2) The term ‘repeated’, when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.”. applicability of construction permit requirements to certain stations Sec. 118. Section 319(a) of the Communications Act of 1934 (47 U.S.C. 319(a)) is amended by striking out “the construction of which is begun or is continued after this Act takes effect,”. authority to eliminate certain construction permits Sec. 119. Section 819(d) of the Communications Act of 1934 (47 U.S.C. 319(d)) is amended to read as follows: “(d) A permit for construction shall not be required for Government stations, amateur stations, or mobile stations. A permit for construction shall not be required for public coast stations, privately owned fixed microwave stations, or stations licensed to common carriers, unless the Commission determines that the public interest, convenience, and necessity would be served by requiring such permits for any such stations. With respect to any broadcasting station, the Commission shall not have any authority to waive the requirement of a permit for construction. With respect to any other station or class of stations, the Commission shall not waive such requirement unless the Commission determines that the public interest, convenience, and necessity would be served by such a waiver.”. private land mobile services Sec. 120. (a) Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end thereof the following new section: “private land mobile services “Sec. 331. (a) 47 USC 332. In talting actions to manage the spectrum to be made available for use by the private land mobile services, the Commission 47 USC 151. shall consider, consistent with section 1 of this Act, whether such actions will— “(1) promote the safety of life and property; “(2) improve the efficiency of spectrum use and reduce the regulatory burden upon spectrum users, based upon sound engineering principles, user operational requirements, and market-place demands; “(3) encourage competition and provide services to the largest feasible number of users; or “(4) increase interservice sharing opportunities between private land mobile services and other services. “(b) (1) The Commission, in coordinating the assignment of frequencies to stations in the private land mobile services and in the fixed services (as defined by the Commission by rule), shall have authority to utilize assistance furnished by advisory coordinating committees consisting of individuals who are not officers or employees of the Federal Government. “(2) The authority of the Commission established in this subsection shall not be subject to or affected by the provisions of part III of title 5 USC 2101. 5, United States Code, or section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)). “(3) Any person who provides assistance to the Commission under this subsection shall not be considered, by reason of having provided such assistance, a Federal employee. “(4) Any advisory coordinating committee which furnishes assistance to the Commission under this subsection shall not be subject to the 5 USC app. provisions of the Federal Advisory Committee Act. “(c) (1) For purposes of this section, private land mobile service shall include service provided by specialized mobile radio, multiple licensed radio dispatch systems, and all other radio dispatch sys-tems, regardless of whether such service is provided indiscriminately to eligible users on a commercial basis, except that a land station licensed in such service to multiple licensees or otherwise shared by authorized users (other than a nonprofit, cooperative station) shall not be interconnected with a telephone exchange or interexchange service or facility for any purpose, except to the extent that (A) each user obtains such interconnection directly from a duly authorized carrier; or (B) licensees jointly obtain such interconnection directly from a duly authorized carrier. “(2) A person engaged in private land mobile service shall not, insofar as such person is so engaged, be deemed a common carrier for any purpose under this Act. A common carrier shall not provide any dispatch service on any frequency allocated for common carrier service, except to the extent such dispatch service is provided on stations licensed in the domestic public land mobile radio service before January 1, 1982. “(3) No State or local government shall have any authority to impose any rate or entry r ation upon any private land mobile service, except that nothing m this subsection may be construed to impair such jurisdiction with respect to common carrier stations in the mobile service.”. (b) (1) Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by adding at the end thereof the following new paragraph: “(gg) Private land mobile service’ means a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple b8!3is) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation.”. (2) Section 3(n) of the Communications Act of 1934 (47 U.S.C. “Mobile service.” 153(n)) is amended to read as follows: “(n) ‘Mobile service’ means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes bothoneway and two-way radio communication services.”. notices of appeal Sec. 121. Section 402(d) of the Communications Act of 1934 (47 U.S.C. 402(d)) is amended— (1) by striking out “Commission” the first place it appears therein and inserting in lieu thereof “appellant”; (2) by striking out “date of service upon it” and inserting in lieu thereof “filing of such notice”; (3) by striking out “and shall thereafter” and all that follows through “Washington”; and (4) by striking out “Within thirty days after the filing of an appeal, the” and inserting in lieu thereof “The”. computation of certain filing deadlines Sec. 122. The last sentence of section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by striking out “public notice” and all that follows through the end thereof and inserting in lieu thereof the following: “the Commission gives public notice of the order, decision, report, or action complained of.”. effective date of certain commission orders Sec. 128. Section 408 of the Communications Act of 1934 (47 U.S.C. 408) is amended by striking out “within such reasonable time” and all that follows through the end thereof and inserting in lieu thereof the following: “thirty calendar days from the date upon which public notice of the order is given, unless the Commission designates a different effective date. All such orders shall continue in force for the period of timespecified in the order or until the Commission or a court of competent jurisdiction issues a superseding order.”. application of forfeiture requirements to cable television system operators Sec. 124. The second sentence of section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended by inserting “, or is a cable television system operator” before the period at the end thereof. forfeiture of communications devices Sec. 125. Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) is amended by adding at the end thereof the following new section: “forfeiture of communications devices “Sec. 510. (a) 47 USC 510. Any electronic, electromagnetic, radio frequency, or eimilar device, or component thereof, used, sent, carried., manufactured, assembled, possessed, offered for sale, sold, or advertised with willful 47 USC 301, 302. and knowing intent to violate section 301 or 302, or rules prescribed by the Commission under such sections, may be seized and forfeited to the United States. “(b) Any property subject to forfeiture to the United States under this section may be seized by the Attorney General of the United States upon process issued pursuant to the supplemental rules for certain admiralty and maritime claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made if the seizure is incident to a lawful arrest or search. “(c) All provisions of law relating to— “(1) the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; “(2) the disposition of such property or the proceeds from the sale thereof; “(3) the remission or mitigation of such forfeitures; and “(4) the compromise of claims with respect to such forfeitures; shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section, except that such seizures and forfeitures shall be limited to the communications device, devices, or components thereof. “(d) Whenever property is forfeited under this section, the Attorney General of the United States may forward it to the Commission or sell any forfeited property which is not harmful to the public. The proceeds from any such saleshall be deposited in the general fund of the Treasury of the United States.”. exemption applicable to amateur radio communications Sec. 126. The last sentence of section 605 of the Communications Act of 1934 (47 U.S.C. 605) is amended— (1) by striking out “broadcast or”; (2) by striking out “amateurs or others” and inserting in lieu thereof “any station”; (3) by striking out “or” the last place it appears therein; (4) by inserting “, aircraft, vehicles, or persons after “ships”; and (5) by inserting before the period at the end thereof the following: “, or which is transmitted by an amateur radio station operator or bya citizens band radio operator”. technical amendments Sec. 127. (a) Section 304 of the Communications Act of 1934 (47 U.S.C. 804) is amended by striking out “ether” and inserting in lieu thereof “electromagnetic spectrum”. (b) Section 402(a) of the Communications Act of 1934 (47 U.S.C. 402(a)) is amended by striking out “Public Law” and all that follows through the end thereof and inserting in lieu thereof “chapter 158 of title 28, United States Code.”. (c) (1) Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by striking out “rehearing” each place it appears therein and inserting in lieu thereof “reconsideration”. (2) The heading for section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by striking out “rehearings” and inserting in lieu thereof “reconsiderations”. amendment to other law Sec. 128. Section 1114 of title 18, United States Code, is amended by inserting after “law enforcement functions,” the following: “or any officer or employee of the Federal CommunicationsCommission performing investigative, inspection, or law enforcement functions,”.

5. 1988

   Federal Communications Commission Authorization Act of 1988

   Pub. L. 100–594 § 8(d) · 102 Stat. 3021

   1. Amended · 47 U.S.C. § 405

      Pub. L. 100–594 designated existing provisions as subsec. (a)

   2. Substituted · 47 U.S.C. § 405

      Pub. L. 100–594 substituted “section 155(c)(1)” for “section 155(d)(1)” in two places

   3. Added · 47 U.S.C. § 405

      Pub. L. 100–594 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 100–594 designated existing provisions as subsec. (a), substituted “section 155(c)(1)” for “section 155(d)(1)” in two places, and added subsec. (b).

   Enacted provision · exact public law section
   (d) Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended— (1) by redesignating the existing text as subsection (a); (2) in subsection (a), as so redesignated, by striking “section 5(d)(1)” each place it appears and inserting in lieu thereof “section 5(c)(1)”; and (3) by adding at the end the following new subsection: “(b) (1) Within 90 days after receiving a petition for reconsideration of an order concluding a hearing under section 204(a) or concluding an investigation under section 208(b), the Commission shall issue an order granting or denying such petition. “(2) Any order issued under paragraph (1) shall be a final order and may be appealed under section 402(a).”.

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