47 U.s.c. 303

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 47USC303]

TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5--WIRE OR RADIO COMMUNICATION

SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO

Part I--General Provisions

Sec. 303. Powers and duties of Commission

Except as otherwise provided in this chapter, the Commission from
time to time, as public convenience, interest, or necessity requires,
shall--
(a) Classify radio stations;
(b) Prescribe the nature of the service to be rendered by each class
of licensed stations and each station within any class;
(c) Assign bands of frequencies to the various classes of stations,
and assign frequencies for each individual station and determine the
power which each station shall use and the time during which it may
operate;
(d) Determine the location of classes of stations or individual
stations;
(e) Regulate the kind of apparatus to be used with respect to its
external effects and the purity and sharpness of the emissions from each
station and from the apparatus therein;
(f) Make such regulations not inconsistent with law as it may deem
necessary to prevent interference between stations and to carry out the
provisions of this chapter: Provided, however, That changes in the
frequencies, authorized power, or in the times of operation of any
station, shall not be made without the consent of the station licensee
unless the Commission shall determine that such changes will promote
public convenience or interest or will serve public necessity, or the
provisions of this chapter will be more fully complied with;
(g) Study new uses for radio, provide for experimental uses of
frequencies, and generally encourage the larger and more effective use
of radio in the public interest;
(h) Have authority to establish areas or zones to be served by any
station;
(i) Have authority to make special regulations applicable to radio
stations engaged in chain broadcasting;
(j) Have authority to make general rules and regulations requiring
stations to keep such records of programs, transmissions of energy,
communications, or signals as it may deem desirable;
(k) Have authority to exclude from the requirements of any
regulations in whole or in part any radio station upon railroad rolling
stock, or to modify such regulations in its discretion;
(l)(1) Have authority to prescribe the qualifications of station
operators, to classify them according to the duties to be performed, to
fix the forms of such licenses, and to issue them to persons who are
found to be qualified by the Commission and who otherwise are legally
eligible for employment in the United States, except that 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;
(2) Notwithstanding paragraph (1) of this subsection, an individual
to whom a radio station is licensed under the provisions of this chapter
may be issued an operator's license to operate that station.
(3) In addition to amateur operator licenses which the Commission
may issue to aliens pursuant to paragraph (2) of this subsection, and
notwithstanding section 301 of this title and paragraph (1) of this
subsection, the Commission may issue authorizations, under such
conditions and terms as it may prescribe, to permit an alien licensed by
his government as an amateur radio operator to operate his amateur radio
station licensed by his government in the United States, its
possessions, and the Commonwealth of Puerto Rico provided there is in
effect a multilateral or bilateral agreement, to which the United States
and the alien's government are parties, for such operation on a
reciprocal basis by United States amateur radio operators. Other
provisions of this chapter and of subchapter II of chapter 5, and
chapter 7, of title 5 shall not be applicable to any request or
application for or modification, suspension, or cancellation of any such
authorization.
(m)(1) Have authority to suspend the license of any operator upon
proof sufficient to satisfy the Commission that the licensee--
(A) has violated, or caused, aided, or abetted the violation of,
any provision of any Act, treaty, or convention binding on the
United States, which the Commission is authorized to administer, or
any regulation made by the Commission under any such Act, treaty, or
convention; or
(B) has failed to carry out a lawful order of the master or
person lawfully in charge of the ship or aircraft on which he is
employed; or
(C) has willfully damaged or permitted radio apparatus or
installations to be damaged; or
(D) has transmitted superfluous radio communications or signals
or communications containing profane or obscene words, language, or
meaning, or has knowingly transmitted--
(1) false or deceptive signals or communications, or
(2) a call signal or letter which has not been assigned by
proper authority to the station he is operating; or

(E) has willfully or maliciously interfered with any other radio
communications or signals; or
(F) has obtained or attempted to obtain, or has assisted another
to obtain or attempt to obtain, an operator's license by fraudulent
means.

(2) No order of suspension of any operator's license shall take
effect until fifteen days' notice in writing thereof, stating the cause
for the proposed suspension, has been given to the operator licensee who
may make written application to the Commission at any time within said
fifteen days for a hearing upon such order. The notice to the operator
licensee shall not be effective until actually received by him, and from
that time he shall have fifteen days in which to mail the said
application. In the event that physical conditions prevent mailing of
the application at the expiration of the fifteen-day period, the
application shall then be mailed as soon as possible thereafter,
accompanied by a satisfactory explanation of the delay. Upon receipt by
the Commission of such application for hearing, said order of suspension
shall be held in abeyance until the conclusion of the hearing which
shall be conducted under such rules as the Commission may prescribe.
Upon the conclusion of said hearing the Commission may affirm, modify,
or revoke said order of suspension.
(n) Have authority to inspect all radio installations associated
with stations required to be licensed by any Act, or which the
Commission by rule has authorized to operate without a license under
section 307(e)(1) of this title, or which are subject to the provisions
of any Act, treaty, or convention binding on the United States, to
ascertain whether in construction, installation, and operation they
conform to the requirements of the rules and regulations of the
Commission, the provisions of any Act, the terms of any treaty or
convention binding on the United States, and the conditions of the
license or other instrument of authorization under which they are
constructed, installed, or operated.
(o) Have authority to designate call letters of all stations;
(p) Have authority to cause to be published such call letters and
such other announcements and data as in the judgment of the Commission
may be required for the efficient operation of radio stations subject to
the jurisdiction of the United States and for the proper enforcement of
this chapter;
(q) Have authority to require the painting and/or illumination of
radio towers if and when in its judgment such towers constitute, or
there is a reasonable possibility that they may constitute, a menace to
air navigation. The permittee or licensee, and the tower owner in any
case in which the owner is not the permittee or licensee, shall maintain
the painting and/or illumination of the tower as prescribed by the
Commission pursuant to this section. In the event that the tower ceases
to be licensed by the Commission for the transmission of radio energy,
the owner of the tower shall maintain the prescribed painting and/or
illumination of such tower until it is dismantled, and the Commission
may require the owner to dismantle and remove the tower when the
Administrator of the Federal Aviation Agency determines that there is a
reasonable possibility that it may constitute a menace to air
navigation.
(r) Make such rules and regulations and prescribe such restrictions
and conditions, not inconsistent with law, as may be necessary to carry
out the provisions of this chapter, or any international radio or wire
communications treaty or convention, or regulations annexed thereto,
including any treaty or convention insofar as it relates to the use of
radio, to which the United States is or may hereafter become a party.
(s) Have authority to require that apparatus designed to receive
television pictures broadcast simultaneously with sound be capable of
adequately receiving all frequencies allocated by the Commission to
television broadcasting when such apparatus is shipped in interstate
commerce, or is imported from any foreign country into the United
States, for sale or resale to the public.
(t) Notwithstanding the provisions of section 301(e) of this title,
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.
(u) Require that apparatus designed to receive television pictures
broadcast simultaneously with sound be equipped with built-in decoder
circuitry designed to display closed-captioned television transmissions
when such apparatus is manufactured in the United States or imported for
use in the United States, and its television picture screen is 13 inches
or greater in size.
(v) Have exclusive jurisdiction to regulate the provision of direct-
to-home satellite services. As used in this subsection, the term
``direct-to-home satellite services'' means the distribution or
broadcasting of programming or services by satellite directly to the
subscriber's premises without the use of ground receiving or
distribution equipment, except at the subscriber's premises or in the
uplink process to the satellite.
(w) Omitted.
(x) Require, in the case of an apparatus designed to receive
television signals that are shipped in interstate commerce or
manufactured in the United States and that have a picture screen 13
inches or greater in size (measured diagonally), that such apparatus be
equipped with a feature designed to enable viewers to block display of
all programs with a common rating, except as otherwise permitted by
regulations pursuant to section 330(c)(4) of this title.
(y) Have authority to allocate electromagnetic spectrum so as to
provide flexibility of use, if--
(1) such use is consistent with international agreements to
which the United States is a party; and
(2) the Commission finds, after notice and an opportunity for
public comment, that--
(A) such an allocation would be in the public interest;
(B) such use would not deter investment in communications
services and systems, or technology development; and
(C) such use would not result in harmful interference among
users.

(June 19, 1934, ch. 652, title III, Sec. 303, 48 Stat. 1082; May 20,
1937, ch. 229, Secs. 5, 6, 50 Stat. 190, 191; Pub. L. 85-817, Sec. 1,
Aug. 28, 1958, 72 Stat. 981; Pub. L. 87-445, Apr. 27, 1962, 76 Stat. 64;
Pub. L. 87-529, Sec. 1, July 10, 1962, 76 Stat. 150; Pub. L. 88-313,
Sec. 1, May 28, 1964, 78 Stat. 202; Pub. L. 88-487, Sec. 2, Aug. 22,
1964, 78 Stat. 602; Pub. L. 89-268, Oct. 19, 1965, 79 Stat. 990; Pub. L.
92-81, Sec. 1, Aug. 10, 1971, 85 Stat. 302; Pub. L. 93-505, Sec. 1, Nov.
30, 1974, 88 Stat. 1576; Pub. L. 97-259, title I, Secs. 109-111(a),
113(b), Sept. 13, 1982, 96 Stat. 1092, 1093; Pub. L. 101-396, Sec. 8(a),
Sept. 28, 1990, 104 Stat. 850; Pub. L. 101-431, Sec. 3, Oct. 15, 1990,
104 Stat. 960; Pub. L. 102-538, title II, Sec. 210(a), Oct. 27, 1992,
106 Stat. 3544; Pub. L. 104-104, title II, Sec. 205(b), title IV,
Sec. 403(g), title V, Sec. 551(b)(1), (c), Feb. 8, 1996, 110 Stat. 114,
131, 140, 141; Pub. L. 105-33, title III, Sec. 3005, Aug. 5, 1997, 111
Stat. 268.)

Codification

Enactment of subsec. (w) by Pub. L. 104-104, Sec. 551(b)(1), did not
become effective pursuant to Pub. L. 104-104, Sec. 551(e)(1), because
the Federal Communications Commission on Mar. 12, 1998, adopted an order
finding acceptable the video programming rating system currently in
voluntary use. See 1996 Amendment note and Effective Date of 1996
Amendment note below.
In subsec. (l)(3), ``subchapter II of chapter 5, and chapter 7, of
title 5'' substituted for ``the Administrative Procedure Act'' on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.

Amendments

1997--Subsec. (y). Pub. L. 105-33 added subsec. (y).
1996--Subsec. (f). Pub. L. 104-104, Sec. 403(g), struck out ``,
after a public hearing,'' after ``unless''.
Subsec. (v). Pub. L. 104-104, Sec. 205(b), added subsec. (v).
Subsec. (w). Pub. L. 104-104, Sec. 551(b)(1), which did not become
effective, directed the insertion of subsec. (w) reading as follows:
``Prescribe--
``(1) on the basis of recommendations from an advisory committee
established by the Commission in accordance with section 551(b)(2)
of the Telecommunications Act of 1996, guidelines and recommended
procedures for the identification and rating of video programming
that contains sexual, violent, or other indecent material about
which parents should be informed before it is displayed to children:
Provided, That nothing in this paragraph shall be construed to
authorize any rating of video programming on the basis of its
political or religious content; and
``(2) with respect to any video programming that has been rated,
and in consultation with the television industry, rules requiring
distributors of such video programming to transmit such rating to
permit parents to block the display of video programming that they
have determined is inappropriate for their children.''
See Codification note above and Effective Date of 1996 Amendment note
below.
Subsec. (x). Pub. L. 104-104, Sec. 551(c), added subsec. (x).
1992--Subsec. (q). Pub. L. 102-538 inserted ``, and the tower owner
in any case in which the owner is not the permittee or licensee,'' after
``permittee or licensee''.
1990--Subsec. (l)(3). Pub. L. 101-396 substituted ``multilateral or
bilateral agreement, to which the United States and the alien's
government are parties,'' for ``bilateral agreement between the United
States and the alien's government''.
Subsec. (u). Pub. L. 101-431 added subsec. (u).
1982--Subsec. (l)(1). Pub. L. 97-259, Sec. 109, substituted
``persons who are found to be qualified by the commission and who
otherwise are legally eligible for employment in the United States'' for
``such citizens or nationals of the United States, or citizens of the
Trust Territory of the Pacific Islands presenting valid identity
certificates issued by the High Commissioner of such Territory, as the
Commission finds qualified'', and substituted provision that the
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 for provision that in issuing licenses for the
operation of radio stations on aircraft the Commission, if it found that
the public interest would be served thereby, could waive the requirement
of citizenship in the case of persons holding United States pilot
certificates or in the case of persons holding foreign aircraft pilot
certificates which were valid in the United States on the basis of
reciprocal agreements entered into with foreign governments.
Subsec. (m)(1)(A). Pub. L. 97-259, Sec. 110, inserted ``, or caused,
aided, or abetted the violation of,'' after ``violated''.
Subsec. (n). Pub. L. 97-259, Sec. 113(b), inserted ``, or which the
Commission by rule has authorized to operate without a license under
section 307(e)(1) of this title,'' after ``licensed by any Act''.
Subsec. (t). Pub. L. 97-259, Sec. 111(a), added subsec. (t).
1974--Subsec. (l)(2). Pub. L. 93-505 substituted provisions relating
to issuance, notwithstanding par. (1) of this subsection, to an
individual to whom a radio station is licensed under this chapter of an
operator's license to operate that station, for provisions relating to
issuance by the Commission of authorizations, under terms and
conditions, for aliens licensed as amateur radio operators by their
governments to operate in the United States, possessions, and Puerto
Rico upon meeting specified preconditions.
Subsec. (l)(3). Pub. L. 93-505 substituted provisions relating to
issuance of authorizations for aliens licensed by their governments as
amateur radio operators to operate their radio stations in the United
States, possessions, and Puerto Rico, under terms and conditions
prescribed by the Commission and upon meeting specified preconditions,
for provisions relating to issuance of licenses by the Commission,
notwithstanding par. (1) of this subsection, to aliens admitted to the
United States as permanent residents.
1971--Subsec. (l)(3). Pub. L. 92-81 added par. (3).
1965--Subsec. (q). Pub. L. 89-268 required abandoned or unused radio
towers to continue to meet the same painting and lighting requirements
that would be applicable if such towers were being used in connection
with transmission of radio energy pursuant to a license issued by the
Commission and authorized the Commission to direct dismantlement of such
towers when the Administrator of the Federal Aviation Agency determines
that there is a reasonable possibility that they may constitute a menace
to air navigation.
1964--Subsec. (l). Pub. L. 88-487 inserted ``or citizens of the
Trust Territory of the Pacific Islands presenting valid identity
certificates issued by the High Commissioner of such Territory''.
Pub. L. 88-313 designated existing provisions of subsec. (l) as par.
(1), and added par. (2).
1962--Subsec. (l). Pub. L. 87-445 inserted ``or nationals'' after
``citizens''.
Subsec. (s). Pub. L. 87-529 added subsec. (s).
1958--Subsec. (l). Pub. L. 85-817 authorized Commission to waive
citizenship requirement in issuing licenses for operation of radio
stations on aircraft.
1937--Subsecs. (m), (n). Act May 20, 1937, Secs. 5, 6(a), amended
subsecs. (m) and (n) generally.
Subsec. (r). Act May 20, 1937, Sec. 6(b), added subsec. (r).

Effective Date of 1996 Amendment

Section 551(e) of Pub. L. 104-104 provided that:
``(1) Applicability of rating provision.--The amendment made by
subsection (b) of this section [amending this section] shall take effect
1 year after the date of enactment of this Act [Feb. 8, 1996], but only
if the Commission determines [see Codification note above], in
consultation with appropriate public interest groups and interested
individuals from the private sector, that distributors of video
programming have not, by such date--
``(A) established voluntary rules for rating video programming
that contains sexual, violent, or other indecent material about
which parents should be informed before it is displayed to children,
and such rules are acceptable to the Commission; and
``(B) agreed voluntarily to broadcast signals that contain
ratings of such programming.
``(2) Effective date of manufacturing provision.--In prescribing
regulations to implement the amendment made by subsection (c) [amending
this section], the Federal Communications Commission shall, after
consultation with the television manufacturing industry, specify the
effective date for the applicability of the requirement to the apparatus
covered by such amendment, which date shall not be less than two years
after the date of enactment of this Act [Feb. 8, 1996].'' [On Mar. 12,
1998, the Federal Communications Commission adopted technical rules that
require certain television receivers to be equipped with features to
block display of programs with a common rating. This feature was to be
phased in, with half of subject television receivers to have it by July
1, 1999, and all such models to have it by Jan. 1, 2000.]

Effective Date of 1992 Amendment

Section 210(c) of Pub. L. 102-538 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect 30 days
after the date of enactment of this Act [Oct. 27, 1992].''

Effective Date of 1990 Amendment

Section 5 of Pub. L. 101-431 provided that: ``Sections 3 and 4 of
this Act [amending this section and section 330 of this title] shall
take effect on July 1, 1993.''

Regulations

Section 6 of Pub. L. 101-431 provided that: ``The Federal
Communications Commission shall promulgate rules to implement this Act
[amending this section and section 330 of this title and enacting
provisions set out as notes under this section and section 609 of this
title] within 180 days after the date of its enactment [Oct. 15,
1990].''
Pub. L. 100-459, title VI, Sec. 608, Oct. 1, 1988, 102 Stat. 2228,
directed Federal Communications Commission to promulgate, by Jan. 31,
1989, regulations in accordance with section 1464 of Title 18, Crimes
and Criminal Procedure, to enforce the provisions of such section on a
24 hour per day basis, prior to repeal by Pub. L. 102-356, Sec. 16(b),
Aug. 26, 1992, 106 Stat. 954.

Restrictions on Over-the-Air Reception Devices

Section 207 of Pub. L. 104-104 provided that: ``Within 180 days
after the date of enactment of this Act [Feb. 8, 1996], the Commission
shall, pursuant to section 303 of the Communications Act of 1934 [47
U.S.C. 303], promulgate regulations to prohibit restrictions that impair
a viewer's ability to receive video programming services through devices
designed for over-the-air reception of television broadcast signals,
multichannel multipoint distribution service, or direct broadcast
satellite services.''

Parental Choice in Television Programming

Section 551(a) of Pub. L. 104-104 provided that: ``The Congress
makes the following findings:
``(1) Television influences children's perception of the values
and behavior that are common and acceptable in society.
``(2) Television station operators, cable television system
operators, and video programmers should follow practices in
connection with video programming that take into consideration that
television broadcast and cable programming has established a
uniquely pervasive presence in the lives of American children.
``(3) The average American child is exposed to 25 hours of
television each week and some children are exposed to as much as 11
hours of television a day.
``(4) Studies have shown that children exposed to violent video
programming at a young age have a higher tendency for violent and
aggressive behavior later in life than children not so exposed, and
that children exposed to violent video programming are prone to
assume that acts of violence are acceptable behavior.
``(5) Children in the United States are, on average, exposed to
an estimated 8,000 murders and 100,000 acts of violence on
television by the time the child completes elementary school.
``(6) Studies indicate that children are affected by the
pervasiveness and casual treatment of sexual material on television,
eroding the ability of parents to develop responsible attitudes and
behavior in their children.
``(7) Parents express grave concern over violent and sexual
video programming and strongly support technology that would give
them greater control to block video programming in the home that
they consider harmful to their children.
``(8) There is a compelling governmental interest in empowering
parents to limit the negative influences of video programming that
is harmful to children.
``(9) Providing parents with timely information about the nature
of upcoming video programming and with the technological tools that
allow them easily to block violent, sexual, or other programming
that they believe harmful to their children is a nonintrusive and
narrowly tailored means of achieving that compelling governmental
interest.''

Advisory Committee Requirements

Section 551(b)(2) of Pub. L. 104-104 provided that: ``In
establishing an advisory committee for purposes of the amendment made by
paragraph (1) of this subsection [amending this section], the Commission
shall--
``(A) ensure that such committee is composed of parents,
television broadcasters, television programming producers, cable
operators, appropriate public interest groups, and other interested
individuals from the private sector and is fairly balanced in terms
of political affiliation, the points of view represented, and the
functions to be performed by the committee;
``(B) provide to the committee such staff and resources as may
be necessary to permit it to perform its functions efficiently and
promptly; and
``(C) require the committee to submit a final report of its
recommendations within one year after the date of the appointment of
the initial members.''

Technology Fund

Section 552 of Pub. L. 104-104 provided that: ``It is the policy of
the United States to encourage broadcast television, cable, satellite,
syndication, other video programming distributors, and relevant related
industries (in consultation with appropriate public interest groups and
interested individuals from the private sector) to--
``(1) establish a technology fund to encourage television and
electronics equipment manufacturers to facilitate the development of
technology which would empower parents to block programming they
deem inappropriate for their children and to encourage the
availability thereof to low income parents;
``(2) report to the viewing public on the status of the
development of affordable, easy to use blocking technology; and
``(3) establish and promote effective procedures, standards,
systems, advisories, or other mechanisms for ensuring that users
have easy and complete access to the information necessary to
effectively utilize blocking technology and to encourage the
availability thereof to low income parents.''

AM Radio Improvement Standard

Section 214 of Pub. L. 102-538 provided that: ``The Federal
Communications Commission shall--
``(1) within 60 days after the date of enactment of this Act
[Oct. 27, 1992], initiate a rulemaking to adopt a single AM radio
stereophonic transmitting equipment standard that specifies the
composition of the transmitted stereophonic signal; and
``(2) within one year after such date of enactment, adopt such
standard.''

Broadcasting of Indecent Programming; FCC Regulations

Pub. L. 102-356, Sec. 16(a), Aug. 26, 1992, 106 Stat. 954, provided
that: ``The Federal Communications Commission shall promulgate
regulations to prohibit the broadcasting of indecent programming--
``(1) between 6 a.m. and 10 p.m. on any day by any public radio
station or public television station that goes off the air at or
before 12 midnight; and
``(2) between 6 a.m. and 12 midnight on any day for any radio or
television broadcasting station not described in paragraph (1).
The regulations required under this subsection shall be promulgated in
accordance with section 553 of title 5, United States Code, and shall
become final not later than 180 days after the date of enactment of this
Act [Aug. 26, 1992].''

Congressional Findings Regarding Access by Hearing-Impaired People to
Television Medium

Section 2 of Pub. L. 101-431 provided that: ``The Congress finds
that--
``(1) to the fullest extent made possible by technology, deaf
and hearing-impaired people should have equal access to the
television medium;
``(2) closed-captioned television transmissions have made it
possible for thousands of deaf and hearing-impaired people to gain
access to the television medium, thus significantly improving the
quality of their lives;
``(3) closed-captioned television will provide access to
information, entertainment, and a greater understanding of our
Nation and the world to over 24,000,000 people in the United States
who are deaf or hearing-impaired;
``(4) closed-captioned television will provide benefits for the
nearly 38 percent of older Americans who have some loss of hearing;
``(5) closed-captioned television can assist both hearing and
hearing-impaired children with reading and other learning skills,
and improve literacy skills among adults;
``(6) closed-captioned television can assist those among our
Nation's large immigrant population who are learning English as a
second language with language comprehension;
``(7) currently, a consumer must buy a TeleCaption decoder and
connect the decoder to a television set in order to display the
closed-captioned television transmissions;
``(8) technology is now available to enable that closed-caption
decoding capability to be built into new television sets during
manufacture at a nominal cost by 1991; and
``(9) the availability of decoder-equipped television sets will
significantly increase the audience that can be served by closed-
captioned television, and such increased market will be an incentive
to the television medium to provide more captioned programming.''

Direction on Use of Funds Regarding Spectrum Allocation and Assignments
for Public Safety Purposes

Pub. L. 98-214, Sec. 9, Dec. 8, 1983, 97 Stat. 1470, provided that:
``(a) Funds authorized to be appropriated under section 2 of this
Act [amending section 156 of this title] shall be used by the Federal
Communications Commission to establish a plan which adequately ensures
that the needs of State and local public safety authorities would be
taken into account in making allocations of the electromagnetic
spectrum. In establishing such a plan the Commission shall (1) review
the current and future needs of such public safety authorities in light
of suitable and commercially available equipment and (2) consider the
need for a nationwide contiguous frequency allocation for public safety
purposes.
``(b) Pending adoption of a plan, the Commission, while making
assignments and allocations, shall duly recognize the needs of State and
local public safety authorities.''

Section Referred to in Other Sections

This section is referred to in sections 301, 305, 309, 330, 332,
503, 923 of this title.