|
State Law
Federal Law
|
Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 154
Legal Research Home >
US Lawyer > Telecom > Telegraphs, Telephones, and Radiotelegraphs - 47 USC Section 154
01/19/04 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.
(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.
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.
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."
Last modified: June 19, 2006
|
