From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 47USC154]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 154. Federal Communications Commission
(a) Number of commissioners; appointment
The Federal Communications Commission (in this chapter referred to
as the ``Commission'') shall be composed of five commissioners appointed
by the President, by and with the advice and consent of the Senate, one
of whom the President shall designate as chairman.
(b) Qualifications
(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
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 chapter;
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
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. The waiver
authority established in this subparagraph shall not apply with respect
to members of the Commission.
(ii) In 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.
(c) Terms of office; vacancies
commissioners \1\ shall be appointed for terms of five years and
until their successors are appointed and have been confirmed and taken
the oath of office, except that they shall not continue to serve beyond
the expiration of the next session of Congress subsequent to the
expiration of said fixed term of office; except that any person chosen
to fill a vacancy shall be appointed only for the unexpired term of the
commissioner whom he succeeds. No vacancy in the Commission shall impair
the right of the remaining commissioners to exercise all the powers of
the Commission.
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\1\ So in original. Probably should be capitalized.
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(d) Compensation of Commission members
Each Commissioner shall receive an annual salary at the annual rate
payable from time to time for level IV of the Executive Schedule,
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 for level III of the Executive
Schedule.
(e) Principal office; special sessions
The principal office of the Commission shall be in the District of
Columbia, where its general sessions shall be held; but whenever the
convenience of the public or of the parties may be promoted or delay or
expense prevented thereby, the Commission may hold special sessions in
any part of the United States.
(f) Employees and assistants; compensation of members of Field
Engineering and Monitoring Bureau; use of amateur volunteers for
certain purposes; commercial radio operator examinations
(1) The Commission shall have authority, subject to the provisions
of the civil-service laws and chapter 51 and subchapter III of chapter
53 of title 5, to appoint such officers, engineers, accountants,
attorneys, inspectors, examiners, and other employees as are necessary
in the exercise of its functions.
(2) Without regard to the civil-service laws, but subject to chapter
51 and subchapter III of chapter 53 of title 5, each commissioner may
appoint three professional assistants and a secretary, each of whom
shall perform such duties as such commissioner shall direct. In
addition, the chairman of the Commission may appoint, without regard to
the civil-service laws, but subject to chapter 51 and subchapter III of
chapter 53 of title 5, and administrative assistant who shall perform
such duties as the chairman shall direct.
(3) The Commission shall fix a reasonable rate of extra compensation
for overtime services of engineers in charge and radio engineers of the
Field Engineering and Monitoring Bureau of the Federal Communications
Commission, who may be required to remain on duty between the hours of 5
o'clock postmeridian and 8 o'clock antemeridian or on Sundays or
holidays to perform services in connection with the inspection of ship
radio equipment and apparatus for the purposes of part II of subchapter
III of this chapter or the Great Lakes Agreement, on the basis of one-
half day's additional pay for each two hours or fraction thereof of at
least one hour that the overtime extends beyond 5 o'clock postmeridian
(but not to exceed two and one-half days' pay for the full period from 5
o'clock postmeridian to 8 o'clock antemeridian) and two additional days'
pay for Sunday or holiday duty. The said extra compensation for overtime
services shall be paid by the master, owner, or agent of such vessel to
the local United States collector of customs or his representative, who
shall deposit such collection into the Treasury of the United States to
an appropriately designated receipt account: Provided, That the amounts
of such collections received by the said collector of customs or his
representatives shall be covered into the Treasury as miscellaneous
receipts; and the payments of such extra compensation to the several
employees entitled thereto shall be made from the annual appropriations
for salaries and expenses of the Commission: Provided further, That to
the extent that the annual appropriations which are authorized to be
made from the general fund of the Treasury are insufficient, there are
authorized to be appropriated from the general fund of the Treasury such
additional amounts as may be necessary to the extent that the amounts of
such receipts are in excess of the amounts appropriated: Provided
further, That such extra compensation shall be paid if such field
employees have been ordered to report for duty and have so reported
whether the actual inspection of the radio equipment or apparatus takes
place or not: And provided further, That in those ports where customary
working hours are other than those hereinabove mentioned, the engineers
in charge are vested with authority to regulate the hours of such
employees so as to agree with prevailing working hours in said ports
where inspections are to be made, but nothing contained in this proviso
shall be construed in any manner to alter the length of a working day
for the engineers in charge and radio engineers or the overtime pay
herein fixed: and Provided further, That, in the alternative, an entity
designated by the Commission may make the inspections referred to in
this paragraph.
(4)(A) The Commission, for purposes of preparing or 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 of license for which the examination is being prepared or
administered. 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)(i) The Commission, for purposes of monitoring violations of any
provision of this chapter (and of any regulation prescribed by the
Commission under this chapter) 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 chapter (or regulations
prescribed by the Commission under this chapter) 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 chapter (or regulations prescribed by the
Commission under this chapter) relating to the amateur 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.
(C)(i) The Commission, for purposes of monitoring violations of any
provision of this chapter (and of any regulation prescribed by the
Commission under this chapter) relating to the citizens band radio
service, may--
(I) recruit and train any citizens 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 chapter (or regulations
prescribed by the Commission under this chapter) 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 chapter (or regulations prescribed by the
Commission under this chapter) 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.
(D) The Commission shall have the authority to endorse certification
of individuals to perform transmitter installation, operation,
maintenance, and repair duties in the private land mobile services and
fixed services (as defined by the Commission by rule) if such
certification programs are conducted by organizations or committees
which are representative of the users in those services and which
consist of individuals who are not officers or employees of the Federal
Government.
(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 or section 1342 of title 31.
(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) and (B), 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
regulations governing the service of individuals under this paragraph.
(I) With respect to the acceptance of voluntary uncompensated
services for the preparation, processing, or administration of
examinations for amateur station operator licenses pursuant to
subparagraph (A) of this paragraph, individuals, or organizations which
provide or coordinate such authorized volunteer services may recover
from examinees reimbursement for out-of-pocket costs.
(5)(A) The Commission, for purposes of preparing and administering
any examination for a commercial radio operator license or endorsement,
may accept and employ the services of persons that the Commission
determines to be qualified. Any person so employed may not receive
compensation for such services, but may recover from examinees such fees
as the Commission permits, considering such factors as public service
and cost estimates submitted by such person.
(B) The Commission may prescribe regulations to select, oversee,
sanction, and dismiss any person authorized under this paragraph to be
employed by the Commission.
(C) Any person who provides services under this paragraph or who
provides goods in connection with such services shall not, by reason of
having provided such service or goods, be considered a Federal or
special government employee.
(g) Expenditures
(1) The Commission may make such expenditures (including
expenditures for rent and personal services at the seat of government
and elsewhere, for office supplies, law books, periodicals, and books of
reference, for printing and binding, for land for use as sites for radio
monitoring stations and related facilities, including living quarters
where necessary in remote areas, for the construction of such stations
and facilities, and for the improvement, furnishing, equipping, and
repairing of such stations and facilities and of laboratories and other
related facilities (including construction of minor subsidiary buildings
and structures not exceeding $25,000 in any one instance) used in
connection with technical research activities), as may be necessary for
the execution of the functions vested in the Commission and as may be
appropriated for by the Congress in accordance with the authorizations
of appropriations established in section 156 of this title. All
expenditures of the Commission, including all necessary expenses for
transportation incurred by the commissioners or by their employees,
under their orders, in making any investigation or upon any official
business in any other places than in the city of Washington, shall be
allowed and paid on the presentation of itemized vouchers therefor
approved by the chairman of the Commission or by such other member or
officer thereof as may be designated by the Commission for that purpose.
(2)(A) If--
(i) the necessary 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 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 1994.
(E) Funds which are received by the Commission as reimbursements
under the provisions of this paragraph after the close of a fiscal year
shall remain available for obligation.
(3)(A) Notwithstanding any other provision of law, in furtherance of
its functions the Commission is authorized to accept, hold, administer,
and use unconditional gifts, donations, and bequests of real, personal,
and other property (including voluntary and uncompensated services, as
authorized by section 3109 of title 5).
(B) The Commission, for purposes of providing radio club and
military-recreational call signs, may utilize the voluntary,
uncompensated, and unreimbursed services of amateur radio organizations
authorized by the Commission that have tax-exempt status under section
501(c)(3) of title 26.
(C) For the purpose of Federal law on income taxes, estate taxes,
and gift taxes, property or services accepted under the authority of
subparagraph (A) shall be deemed to be a gift, bequest, or devise to the
United States.
(D) The Commission shall promulgate regulations to carry out the
provisions of this paragraph. Such regulations shall include provisions
to preclude the acceptance of any gift, bequest, or donation that would
create a conflict of interest or the appearance of a conflict of
interest.
(h) Quorum; seal
Three members of the Commission shall constitute a quorum thereof.
The Commission shall have an official seal which shall be judicially
noticed.
(i) Duties and powers
The Commission may perform any and all acts, make such rules and
regulations, and issue such orders, not inconsistent with this chapter,
as may be necessary in the execution of its functions.
(j) Conduct of proceedings; hearings
The Commission may conduct its proceedings in such manner as will
best conduce to the proper dispatch of business and to the ends of
justice. No commissioner shall participate in any hearing or proceeding
in which he has a pecuniary interest. Any party may appear before the
Commission and be heard in person or by attorney. Every vote and
official act of the Commission shall be entered of record, and its
proceedings shall be public upon the request of any party interested.
The Commission is authorized to withhold publication of records or
proceedings containing secret information affecting the national
defense.
(k) Annual reports to Congress
The Commission shall make an annual report to Congress, copies of
which shall be distributed as are other reports transmitted to Congress.
Such reports shall contain--
(1) such information and data collected by the Commission as may
be considered of value in the determination of questions connected
with the regulation of interstate and foreign wire and radio
communication and radio transmission of energy;
(2) such information and data concerning the functioning of the
Commission as will be of value to Congress in appraising the amount
and character of the work and accomplishments of the Commission and
the adequacy of its staff and equipment;
(3) an itemized statement of all funds expended during the
preceding year by the Commission, of the sources of such funds, and
of the authority in this chapter or elsewhere under which such
expenditures were made; and
(4) specific recommendations to Congress as to additional
legislation which the Commission deems necessary or desirable,
including all legislative proposals submitted for approval to the
Director of the Office of Management and Budget.
(l) Record of reports
All reports of investigations made by the Commission shall be
entered of record, and a copy thereof shall be furnished to the party
who may have complained, and to any common carrier or licensee that may
have been complained of.
(m) Publication of reports; admissibility as evidence
The Commission shall provide for the publication of its reports and
decisions in such form and manner as may be best adapted for public
information and use, and such authorized publications shall be competent
evidence of the reports and decisions of the Commission therein
contained in all courts of the United States and of the several States
without any further proof or authentication thereof.
(n) Compensation of appointees
Rates of compensation of persons appointed under this section shall
be subject to the reduction applicable to officers and employees of the
Federal Government generally.
(o) Use of communications in safety of life and property
For the purpose of obtaining maximum effectiveness from the use of
radio and wire communications in connection with safety of life and
property, the Commission shall investigate and study all phases of the
problem and the best methods of obtaining the cooperation and
coordination of these systems.
(June 19, 1934, ch. 652, title I, Sec. 4, 48 Stat. 1066; Jan. 22, 1936,
ch. 25, 49 Stat. 1098; May 20, 1937, ch. 229, Secs. 3, 4, 50 Stat. 190;
Mar. 23, 1941, ch. 24, 55 Stat. 46; July 16, 1952, ch. 879, Sec. 3, 66
Stat. 711; Aug. 13, 1954, ch. 735, Sec. 2, 68 Stat. 729; Pub. L. 86-533,
Sec. 1(24), June 29, 1960, 74 Stat. 249; Pub. L. 86-619, Sec. 2, July
12, 1960, 74 Stat. 407; Pub. L. 86-752, Sec. 2, Sept. 13, 1960, 74 Stat.
889; Pub. L. 97-35, title XII, Sec. 1251(b), Aug. 13, 1981, 95 Stat.
738; Pub. L. 97-253, title V, Sec. 501(b)(1)-(3), Sept. 8, 1982, 96
Stat. 805, 806; Pub. L. 97-259, title I, Secs. 102-104, Sept. 13, 1982,
96 Stat. 1087-1089; Pub. L. 98-214, Secs. 10, 11, Dec. 8, 1983, 97 Stat.
1471; Pub. L. 99-272, title V, Sec. 5002(b), Apr. 7, 1986, 100 Stat.
118; Pub. L. 99-334, Sec. 1(a), June 6, 1986, 100 Stat. 513; Pub. L.
100-594, Sec. 3, Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101-396, Secs. 3,
4, Sept. 28, 1990, 104 Stat. 848, 849; Pub. L. 102-538, title II,
Secs. 201, 208, Oct. 27, 1992, 106 Stat. 3542, 3543; Pub. L. 103-414,
title III, Sec. 303(a)(1), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 104-
66, title II, Sec. 2051(b), Dec. 21, 1995, 109 Stat. 729; Pub. L. 104-
104, title IV, Sec. 403(a), (b), Feb. 8, 1996, 110 Stat. 130.)
References in Text
Level III and level IV of the Executive Schedule, referred to in
subsec. (d), are set out in sections 5314 and 5315, respectively, of
Title 5, Government Organization and Employees.
The civil-service laws, referred to in subsec. (f)(1), (2), are set
forth in Title 5. See particularly, section 3301 et seq. of Title 5.
Part II of subchapter III of this chapter, referred to in subsec.
(f)(3), is classified to section 351 et seq. of this title.
Provisions of part III of title 5, referred to in subsec. (f)(4)(E),
are classified to section 2101 et seq. of Title 5, Government
Organization and Employees.
Federal law on income taxes, estate taxes, and gift taxes, referred
to in subsec. (g)(3)(C), is classified generally to Title 26, Internal
Revenue Code.
Codification
In subsec. (f)(1), (2) ``chapter 51 and subchapter III of chapter 53
of title 5'' substituted for ``the Classification of 1949'' 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.
In subsec. (f)(4)(E), ``section 1342 of title 31'' substituted for
``section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))'' on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and Finance.
Amendments
1996--Subsec. (f)(3). Pub. L. 104-104, Sec. 403(b), inserted before
period at end ``: and Provided further, That, in the alternative, an
entity designated by the Commission may make the inspections referred to
in this paragraph''.
Subsec. (f)(4)(A). Pub. L. 104-104, Sec. 403(a)(1), in first
sentence, inserted ``or administering'' after ``for purposes of
preparing'', ``of'' after ``than the class'', and ``or administered''
after ``being prepared''.
Subsec. (f)(4)(B). Pub. L. 104-104, Sec. 403(a)(2), (5),
redesignated subpar. (C) as (B) and struck out former subpar. (B) which
read as follows: ``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.''
Subsec. (f)(4)(C) to (G). Pub. L. 104-104, Sec. 403(a)(5),
redesignated subpars. (D) to (H) as (C) to (G), respectively. Former
subpar. (C) redesignated (B).
Subsec. (f)(4)(H). Pub. L. 104-104, Sec. 403(a)(5), redesignated
subpar. (I) as (H). Former subpar. (H) redesignated (G).
Pub. L. 104-104, Sec. 403(a)(3), substituted ``subparagraphs (A) and
(B)'' for ``subparagraphs (A), (B), and (C)''.
Subsec. (f)(4)(I). Pub. L. 104-104, Sec. 403(a)(5), redesignated
subpar. (J) as (I). Former subpar. (I) redesignated (H).
Subsec. (f)(4)(J). Pub. L. 104-104, Sec. 403(a)(4), (5),
redesignated subpar. (J) as (I) and substituted ``subparagraph (A) of
this paragraph'' for ``subparagraph (A) or (B) of this paragraph'' and
struck out last sentence which read as follows: ``The total amount of
allowable cost reimbursement per examinee shall not exceed $4, adjusted
annually every January 1 for changes in the Department of Labor Consumer
Price Index.''
1995--Subsec. (f)(4)(J). Pub. L. 104-66 struck out at end ``Such
individuals and organizations shall maintain records of out-of-pocket
expenditures and shall certify annually to the Commission that all costs
for which reimbursement was obtained were necessarily and prudently
incurred.''
1994--Subsec. (f)(3). Pub. L. 103-414 substituted ``overtime extends
beyond'' for ``overtime exceeds beyond''.
1992--Subsec. (g)(2)(D). Pub. L. 102-538, Sec. 201, substituted
``1994'' for ``1992''.
Subsec. (g)(3). Pub. L. 102-538, Sec. 208, added par. (3).
1990--Subsec. (f)(5). Pub. L. 101-396, Sec. 3, added par. (5).
Subsec. (g)(2)(D). Pub. L. 101-396, Sec. 4, substituted ``1992'' for
``1989''.
1988--Subsec. (g)(2)(D). Pub. L. 100-594 substituted ``1989'' for
``1987''.
1986--Subsec. (c). Pub. L. 99-334 substituted ``five years'' for
``seven years''.
Subsec. (g)(2)(D). Pub. L. 99-272, Sec. 5002(b)(1), substituted
``1987'' for ``1985''.
Subsec. (g)(2)(E). Pub. L. 99-272, Sec. 5002(b)(2), added subpar.
(E).
1983--Subsec. (f)(4)(E) to (I). Pub. L. 98-214, Sec. 10, added
subpar. (E) and redesignated existing subpars. (E) to (H) as (F) to (I),
respectively.
Subsec. (f)(4)(J). Pub. L. 98-214, Sec. 11, added subpar. (J).
1982--Subsec. (a). Pub. L. 97-253, Sec. 501(b)(1), substituted
``five'' for ``seven''.
Subsec. (b). Pub. L. 97-259, Sec. 102, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``Each
member of the Commission shall be a citizen of the United States. No
member of the Commission or person in its employ shall be financially
interested in the manufacture or sale of radio apparatus or of apparatus
for wire or radio communication; in communication by wire or radio or in
radio transmission of energy; in any company furnishing services or such
apparatus to any company engaged in communication by wire or radio or to
any company manufacturing or selling apparatus used for communication by
wire or radio; or in any company owning stocks, bonds, or other
securities of any such company; nor be in the employ of or hold any
official relation to any person subject to any of the provisions of this
chapter, nor own stocks, bonds, or other securities of any corporation
subject to any of the provisions of this chapter. Such commissioners
shall not engage in any other business, vocation, profession, or
employment. Any such commissioner serving as such after one year from
July 16, 1952, shall not for a period of one year following the
termination of his services as a commissioner represent any person
before the Commission in a professional capacity, except that this
restriction shall not apply to any commissioner who has served the full
term for which he was appointed. Not more than four members of the
Commission shall be members of the same political party.''
Pub. L. 97-253, Sec. 501(b)(2), amended last sentence of subsec.
(b), prior to the general amendment by Pub. L. 97-259, by substituting
language identical to that contained in par. (5), as added by Pub. L.
97-259.
Subsec. (c). Pub. L. 97-259, Sec. 103(a), struck out ``The'' before
``commissioners'' at beginning of subsection, immediately thereafter
struck out ``first appointed under this chapter shall continue in office
for the terms of one, two, three, four, five, six, and seven years,
respectively, from the date of the taking effect of this chapter, the
term of each to be designated by the President, but their successors'',
and substituted ``been confirmed and taken the oath of office'' for
``qualified''.
Subsec. (d). Pub. L. 97-259, Sec. 103(b), amended subsec. (d)
generally, relating to the annual salary rate for the Chairman and
Commissioners.
Subsec. (f)(2). Pub. L. 97-259, Sec. 103(c), substituted ``three
professional assistants'' for ``a legal assistant, an engineering
assistant,''.
Subsec. (f)(4). Pub. L. 97-259, Sec. 104, added par. (4).
Subsec. (g). Pub. L. 97-259, Sec. 103(d), designated existing
provisions as par. (1) and added par. (2).
Subsec. (h). Pub. L. 97-253, Sec. 501(b)(3), substituted ``Three''
for ``Four''.
Subsec. (k)(2). Pub. L. 97-259, Sec. 103(e), struck out proviso
after ``its staff and equipment'', relating to the content of first and
second annual reports after the enactment of the Communications Act
Amendments of 1952.
Subsec. (k)(3). Pub. L. 97-259, Sec. 103(f), redesignated par. (4)
as (3).
Subsec. (k)(4), (5). Pub. L. 97-259, Sec. 103(f), (g), redesignated
par. (5) as (4) and substituted ``Office of Management and Budget'' for
``Bureau of the Budget''. Former par. (4) redesignated (3).
1981--Subsec. (g). Pub. L. 97-35 substituted requirement respecting
authorizations under section 156 of this title, for provisions
respecting appropriations from time to time.
1960--Subsec. (b). Pub. L. 86-752 struck out provision that
permitted commissioners to accept ``reasonable honorarium or
compensation'' for ``the presentation or delivery of publications or
papers''.
Subsec. (c). Pub. L. 86-619 provided for continuation in office of
the commissioners upon termination of their term until their successors
are appointed and have qualified, not beyond expiration of next session
of Congress subsequent to the expiration of said fixed term of office.
Subsec. (k)(3). Pub. L. 86-533 repealed par. (3) which required the
report to contain information with respect to all persons taken into the
employment of the Commission during the preceding year, together with
the names of those persons who left the employ of the Commission during
the year.
1954--Subsec. (f)(3). Act Aug. 13, 1954, substituted ``engineers''
for ``inspectors'' and ``Field Engineering and Monitoring Bureau of the
Federal Communications Commission'' for ``Field Division of the
Engineering Department of the Federal Communications Commission'' and
extended provisions to include inspections required pursuant to the
Great Lakes Agreement.
1952--Subsec. (b). Act July 16, 1952, Sec. 3(a), prohibited
commissioners from engaging in any other work except that they may
present or deliver papers for an honorarium, and prohibited any
commissioner from appearing before the Commission in a professional
capacity for 1 year after termination of his services except that this
prohibition would not apply where commissioner has completed his full
term.
Subsec. (f). Act July 16, 1952, Sec. 3(b), authorized Commission to
appoint employees, allowed each commissioner to appoint a legal
assistant, and a secretary, and allowed the Chairman to appoint an
administrative assistant.
Subsec. (g). Act July 16, 1952, Sec. 3(c), authorized Commission to
acquire land for monitoring stations and related facilities.
Subsec. (k). Act July 16, 1952, Sec. 3(d), required Commission to
make more detailed reports to Congress.
1941--Subsec. (f). Act Mar. 23, 1941, designated existing provisions
as par. (1) and added par. (2).
1937--Subsec. (k). Act May 20, 1937, inserted provisions that the
Commission report to Congress annually at the beginning session of the
Congress whether new wire or radio communication legislation is
necessary and make specific recommendations thereof to Congress.
Subsec. (o). Act May 20, 1937, added subsec. (o).
1936--Subsec. (f). Act Jan. 22, 1936, inserted references to a chief
accountant and three assistants.
Effective Date of 1986 Amendment
Section 1(b) of Pub. L. 99-334 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall take
effect on the date of enactment of this Act [June 6, 1986, except that--
``(1) upon the expiration of the term of office prescribed by
law to occur on June 30, 1986, any person appointed as a member of
the Federal Communications Commission to fill such office for the
term following such date shall be eligible to serve until June 30,
1990, and any person appointed as a member of the Federal
Communications Commission to the term of office prescribed by law to
expire on June 30, 1987, shall be eligible to serve until June 30,
1989; and
``(2) notwithstanding the provisions of subsection (a) of this
section [amending this section], persons appointed as members of the
Federal Communications Commission to terms of office prescribed by
law to expire on June 30, 1988, June 30, 1991, and June 30, 1992,
shall be eligible to serve until the expiration of the term of
office on June 30, 1988, June 30, 1991, and June 30, 1992, whichever
is applicable.''
Effective Date of 1982 Amendment
Section 501(b)(4) of Pub. L. 97-253 provided that: ``The amendments
made in paragraphs (1), (2), and (3) of this subsection [amending this
section] shall take effect on July 1, 1983.''
Effective Date of 1954 Amendment
Amendment by act Aug. 13, 1954, effective Nov. 13, 1954, see section
6 of act Aug. 13, 1954, set out as an Effective Date note under section
507 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsecs.
(g)(2)(C) and (k) of this section relating to requirements to submit
regular periodic reports to Congress, see section 3003 of Pub. L. 104-
66, as amended, set out as a note under section 1113 of Title 31, Money
and Finance, and the 5th and 9th items on page 167 of House Document No.
103-7.
Transfer of Functions
All offices of collector of customs, referred to in subsec. (f)(3),
in Bureau of Customs of Department of the Treasury to which appointments
were required to be made by President with advice and consent of Senate
ordered abolished with such offices to be terminated not later than Dec.
31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035,
79 Stat. 1317, set out in the Appendix to Title 5, Government
Organization and Employees. All functions of offices eliminated were
already vested in Secretary of the Treasury by Reorg. Plan No. 26 of
1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the
Appendix to Title 5.
Older Americans Program
Section 6 of Pub. L. 100-594, as amended by Pub. L. 101-396, Sec. 5,
Sept. 28, 1990, 104 Stat. 849; Pub. L. 102-538, title II, Sec. 212, Oct.
27, 1992, 106 Stat. 3545, provided that:
``(a) During fiscal years 1992 and 1993, the Federal Communications
Commission is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) to utilize the talents of older Americans in
programs authorized by other provisions of law administered by the
Commission (and consistent with such provisions of law) in providing
technical and administrative assistance for projects related to the
implementation, promotion, or enforcement of the regulations of the
Commission.
``(b) Prior to awarding any grant or entering into any agreement
under subsection (a), the Office of the Managing Director of the
Commission shall certify to the Commission that such grant or agreement
will not--
``(1) result in the displacement of individuals currently
employed by the Commission;
``(2) result in the employment of any individual when any other
individual is on layoff status from the same or a substantially
equivalent job within the jurisdiction of the Commission; or
``(3) affect existing contracts for services.
``(c) Participants in any program under a grant or cooperative
agreement pursuant to this section shall--
``(1) execute a signed statement with the Commission in which
such participants certify that they will adhere to the standards of
conduct prescribed for regular employees of the Commission, as set
forth in part 19 of title 47, Code of Federal Regulations; and
``(2) execute a confidential statement of employment and
financial interest (Federal Communications Commission Form A-54)
prior to commencement of work under the program.
Failure to comply with the terms of the signed statement described in
paragraph (1) shall result in termination of the individual under the
grant or agreement.
``(d) Nothing in this section shall be construed to permit
employment of any such participant in any decisionmaking or policymaking
position.
``(e) Grants or agreements under this section shall be subject to
prior appropriation Acts.''
Expiration of Commissioners' Terms
Pub. L. 97-253, title V, Sec. 501(a), Sept. 8, 1982, 96 Stat. 805,
provided that: ``Upon expiration of the term of office as a member of
the Federal Communications Commission, which is prescribed by law to
occur on June 30, 1982, any member appointed to fill such office after
such date shall be appointed for a term which ends on June 30, 1983, and
such office shall be abolished on July 1, 1983. Upon expiration of the
term of office as a member of such Commission, which--
``(1) is prescribed by law;
``(2) is in effect before the date of the enactment of this Act
[Sept. 8, 1982]; and
``(3) is to occur on June 30, 1983;
no person shall be appointed to fill such office after such date, and
such office shall be abolished on July 1, 1983.''
Section Referred to in Other Sections
This section is referred to in sections 309, 607 of this title;
title 5 section 5549.