47 U.S.C. § 305 — Government owned stations

Page 137 TITLE 47—TELECOMMUNICATIONS § 305 television programming and advertising that take into consideration the characteristics of this child audience; and ‘‘(6) it is therefore necessary that the Federal Com- munications Commission (hereinafter referred to as the ‘Commission’) take the actions required by this title [enacting sections 303a and 303b of this title].’’ § 303b. Consideration of children’s television service in broadcast license renewal (a) After the standards required by section 303a of this title are in effect, the Commission shall, in its review of any application for re- newal of a commercial or noncommercial tele- vision broadcast license, consider the extent to which the licensee— (1) has complied with such standards; and (2) has served the educational and informa- tional needs of children through the licensee’s overall programming, including programming specifically designed to serve such needs. (b) In addition to consideration of the licens- ee’s programming as required under subsection (a), the Commission may consider— (1) any special nonbroadcast efforts by the licensee which enhance the educational and informational value of such programming to children; and (2) any special efforts by the licensee to produce or support programming broadcast by another station in the licensee’s marketplace which is specifically designed to serve the edu- cational and informational needs of children. (Pub. L. 101–437, title I, § 103, Oct. 17, 1990, 104 Stat. 997; Pub. L. 102–356, § 15, Aug. 26, 1992, 106 Stat. 954; Pub. L. 103–414, title III, § 303(c), Oct. 25, 1994, 108 Stat. 4296.) Editorial Notes CODIFICATION Section was enacted as part of the Children’s Tele- vision Act of 1990, and not as part of the Communica- tions Act of 1934 which comprises this chapter. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–414 substituted ‘‘non- commercial’’ for ‘‘noncommerical’’. 1992—Subsec. (a). Pub. L. 102–356 inserted reference to commercial or noncommercial television broadcast li- censes. § 303c. Television program improvement (a) Short title This section may be cited as the ‘‘Television Program Improvement Act of 1990’’. (b) Definitions For purposes of this section— (1) the term ‘‘antitrust laws’’ has the mean- ing given it in subsection (a) of section 12 of title 15, except that such term includes section 45 of title 15 to the extent that section 45 of title 15 applies to unfair methods of competi- tion; (2) the term ‘‘person in the television indus- try’’ means a television network, any entity which produces programming (including theat- rical motion pictures) for telecasting or tele- casts programming, the National Cable Tele- vision Association, the Association of Inde- pendent Television Stations, Incorporated, the National Association of Broadcasters, the Mo- tion Picture Association of America, the Com- munity Antenna Television Association, and each of the networks’ affiliate organizations, and shall include any individual acting on be- half of such person; and (3) the term ‘‘telecast’’ means— (A) to broadcast by a television broadcast station; or (B) to transmit by a cable television sys- tem or a satellite television distribution service. (c) Exemption The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of, and limited to, de- veloping and disseminating voluntary guidelines designed to alleviate the negative impact of vio- lence in telecast material. (d) Limitations (1) The exemption provided in subsection (c) shall not apply to any joint discussion, consider- ation, review, action, or agreement which re- sults in a boycott of any person. (2) The exemption provided in subsection (c) shall apply only to any joint discussion, consid- eration, review, action, or agreement engaged in only during the 3-year period beginning on De- cember 1, 1990. (Pub. L. 101–650, title V, § 501, Dec. 1, 1990, 104 Stat. 5127.) Editorial Notes CODIFICATION Section was enacted as part of the Television Pro- gram Improvement Act of 1990 and also as part of the Judicial Improvements Act of 1990, and not as part of the Communications Act of 1934 which comprises this chapter. § 304. Waiver by license of claims to particular frequency or of electromagnetic spectrum No station license shall be granted by the Commission until the applicant therefor shall have waived any claim to the use of any par- ticular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. (June 19, 1934, ch. 652, title III, § 304, 48 Stat. 1083; Pub. L. 97–259, title I, § 127(a), Sept. 13, 1982, 96 Stat. 1099; Pub. L. 102–538, title II, § 204(a), Oct. 27, 1992, 106 Stat. 3543.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–538 substituted ‘‘waived’’ for ‘‘signed a waiver of’’. 1982—Pub. L. 97–259 substituted ‘‘electromagnetic spectrum’’ for ‘‘ether’’. § 305. Government owned stations (a) Frequencies; compliance with regulations; stations on vessels Radio stations belonging to and operated by the United States shall not be subject to the Page 138 TITLE 47—TELECOMMUNICATIONS § 305 provisions of sections 301 and 303 of this title. All such Government stations shall use such fre- quencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Govern- ment business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of oth- ers as the Commission may prescribe. (b) Call letters All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters des- ignated by the Commission. (c) Stations operated by foreign governments The provisions of sections 301 and 303 of this title notwithstanding, the President may, pro- vided he determines it to be consistent with and in the interest of national security, authorize a foreign government, under such terms and con- ditions as he may prescribe, to construct and op- erate at the seat of government of the United States a low-power radio station in the fixed service at or near the site of the embassy or le- gation of such foreign government for trans- mission of its messages to points outside the United States, but only (1) where he determines that the authorization would be consistent with the national interest of the United States and (2) where such foreign government has provided reciprocal privileges to the United States to construct and operate radio stations within ter- ritories subject to its jurisdiction. Foreign gov- ernment stations authorized pursuant to the provisions of this subsection shall conform to such rules and regulations as the President may prescribe. The authorization of such stations, and the renewal, modification, suspension, rev- ocation, or other termination of such authority shall be in accordance with such procedures as may be established by the President and shall not be subject to the other provisions of this chapter or of subchapter II of chapter 5, and chapter 7, of title 5. (June 19, 1934, ch. 652, title III, § 305, 48 Stat. 1083; Pub. L. 87–795, Oct. 11, 1962, 76 Stat. 903; Pub. L. 97–31, § 12(150), Aug. 6, 1981, 95 Stat. 167; Pub. L. 104–104, title IV, § 403(h)(1), Feb. 8, 1996, 110 Stat. 131.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. CODIFICATION In subsec. (c), ‘‘subchapter II of chapter 5, and chap- ter 7, of title 5’’ substituted for ‘‘the Administrative Procedure Act’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5, Government Organization and Employ- ees. AMENDMENTS 1996—Subsecs. (b) to (d). Pub. L. 104–104 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which read as follows: ‘‘Radio stations on board vessels of the Maritime Ad- ministration of the Department of Transportation or the Inland and Coastwise Waterways Service shall be subject to the provisions of this subchapter.’’ 1981—Subsec. (b). Pub. L. 97–31 substituted ‘‘Maritime Administration of the Department of Transportation’’ for ‘‘United States Shipping Board Bureau or the United States Shipping Board Merchant Fleet Corpora- tion’’. For prior transfers of functions, see Transfer of Functions note set out below. 1962—Subsec. (d). Pub. L. 87–795 added subsec. (d). Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of United States Shipping Board Bureau and United States Shipping Board Mer- chant Fleet Corporation, see Ex. Ord. No. 6166, set out under section 901 of Title 5, Government Organization and Employees, act June 29, 1936, ch. 858, title II, §§ 203, 204, title IX, § 904, 49 Stat. 1987, 2016, and Reorg. Plan No. 6 of 1949, Reorg. Plan No. 21 of 1950, and Reorg. Plan No. 7 of 1961, set out in the Appendix to Title 5. REORGANIZATION PLAN NO. 1 OF 1970 Eff. Apr. 20, 1970, 35 F.R. 6421, 84 Stat. 2083 Prepared by the President and Transmitted to the Sen- ate and the House of Representatives in Congress As- sembled, February 9, 1970, Pursuant to the Provisions of Chapter 9 of Title 5 of the United States Code. OFFICE OF TELECOMMUNICATIONS POLICY SECTION 1. TRANSFER OF FUNCTIONS The functions relating to assigning frequencies to radio stations belonging to and operated by the United States, or to classes thereof, conferred upon the Presi- dent by the provisions of section 305(a) of the Commu- nications Act of 1934, 47 U.S.C. 305(a), are hereby trans- ferred to the Director of the Office of Telecommuni- cations Policy hereinafter provided for. SEC. 2. ESTABLISHMENT OF OFFICE There is hereby established in the Executive Office of the President the Office of Telecommunications Policy, hereinafter referred to as the Office. SEC. 3. DIRECTOR AND DEPUTY (a) There shall be at the head of the Office the Direc- tor of the Office of Telecommunications Policy, herein- after referred to as the Director. The Director shall be appointed by the President by and with the advice and consent of the Senate and shall be compensated at the rate now or hereafter provided for Level III of the Exec- utive Schedule Pay Rates (5 U.S.C. 5314). (b) There shall be in the Office a Deputy Director of the Office of Telecommunications Policy who shall be appointed by the President by and with the advice and consent of the Senate and shall be compensated at the rate now or hereafter provided for Level IV of the Exec- utive Schedule Pay Rates (5 U.S.C. 5315). The Deputy Director shall perform such functions as the Director may from time to time prescribe and, unless the Presi- dent shall designate another person to so act, shall act as Director during the absence or disability of the Di- rector or in the event of vacancy in the office of Direc- tor. (c) No person shall while holding office as Director or Deputy Director engage in any other business, voca- tion, or employment. SEC. 4. PERFORMANCE OF FUNCTIONS OF DIRECTOR (a) The Director may appoint employees necessary for the work of the Office under the classified civil Page 139 TITLE 47—TELECOMMUNICATIONS § 305 service and fix their compensation in accordance with the classification laws. (b) The Director may from time to time make such provisions as he shall deem appropriate authorizing the performance of any function transferred to him here- under by any other officer, or by any organizational en- tity or employee, of the Office. SEC. 5. ABOLITION OF OFFICE That office of Assistant Director of the Office of Emergency Preparedness held by the Director of Tele- communications Management under Executive Order No. 10995 of February 16, 1962, as amended, is abolished. The Director of the Office of Emergency Preparedness shall make such provisions as he may deem to be nec- essary with respect to winding up any outstanding af- fairs of the office abolished by the foregoing provisions of this section. SEC. 6. INCIDENTAL TRANSFERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, or used by, or available or to be made available to, the Office of Emergency Pre- paredness in connection with functions affected by the provisions of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Office of Telecommunications Policy at such time or times as he shall direct. (b) Such further measures and dispositions as the Di- rector of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 7. INTERIM DIRECTOR The President may authorize any person who imme- diately prior to the effective date of this reorganization plan holds a position in the Executive Office of the President to act as Director of the Office of Tele- communications Policy until the office of Director is for the first time filled pursuant to the provisions of section 3 of this reorganization plan or by recess ap- pointment, as the case may be. The President may au- thorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office of Director. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. [The Office of Telecommunications Policy was abol- ished and its functions transferred to the President and the Secretary of Commerce by secs. 3 and 5 of Reorg. Plan No. 1 of 1977, set out in the Appendix to Title 5, Government Organization and Employees.] MESSAGE OF THE PRESIDENT To the Congress of the United States: We live in a time when the technology of tele- communications is undergoing rapid change which will dramatically affect the whole of our society. It has long been recognized that the executive branch of the Federal government should be better equipped to deal with the issues which arise from telecommunications growth. As the largest single user of the nation’s tele- communications facilities, the Federal government must also manage its internal communications oper- ations in the most effective manner possible. Accordingly, I am today transmitting to the Congress Reorganization Plan No. 1 of 1970, prepared in accord- ance with chapter 9 of title 5 of the United States Code. That plan would establish a new Office of Tele- communications Policy in the Executive Office of the President. The new unit would be headed by a Director and a Deputy Director who would be appointed by the President with the advice and consent of the Senate. The existing office held by the Director of Tele- communications Management in the Office of Emer- gency Preparedness would be abolished. In addition to the functions which are transferred to it by the reorganization plan, the new Office would per- form certain other duties which I intend to assign to it by Executive order as soon as the reorganization plan takes effect. That order would delegate to the new Of- fice essentially those functions which are now assigned to the Director of Telecommunications Management. The Office of Telecommunications Policy would be as- sisted in its research and analysis responsibilities by the agencies and departments of the Executive Branch including another new office, located in the Depart- ment of Commerce. The new Office of Telecommunications Policy would play three essential roles: 1. It would serve as the President’s principal adviser on telecommunications policy, helping to formulate government policies concerning a wide range of domes- tic and international telecommunications issues and helping to develop plans and programs which take full advantage of the nation’s technological capabilities. The speed of economic and technological advance in our time means that new questions concerning commu- nications are constantly arising, questions on which the government must be well informed and well ad- vised. The new Office will enable the President and all government officials to share more fully in the experi- ence, the insights, and the forecasts of government and non-government experts. 2. The Office of Telecommunications Policy would help formulate policies and coordinate operations for the Federal government’s own vast communications systems. It would, for example, set guidelines for the various departments and agencies concerning their communications equipment and services. It would reg- ularly review the ability of government communica- tions systems to meet the security needs of the nation and to perform effectively in time of emergency. The Office would direct the assignment of those portions of the radio spectrum which are reserved for government use, carry out responsibilities conferred on the Presi- dent by the Communications Satellite Act, advise State and local governments, and provide policy direc- tion for the National Communications System. 3. Finally, the new Office would enable the executive branch to speak with a clearer vote and to act as a more effective partner in discussions of communica- tions policy with both the Congress and the Federal Communications Commission. This action would take away none of the prerogatives or functions assigned to the Federal Communications Commission by the Con- gress. It is my hope, however, that the new Office and the Federal Communications Commission would co- operate in achieving certain reforms in telecommuni- cations policy, especially in their procedures for allo- cating portions of the radio spectrum for government and civilian use. Our current procedures must be more flexible if they are to deal adequately with problems such as the worsening spectrum shortage. Each reorganization included in the plan which ac- companies this message is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5 of the United States Code. In particular, the plan is responsive to section 901(a)(1), ‘‘to promote the bet- ter execution of the laws, the more effective manage- ment of the executive branch and of its agencies and functions, and the expeditious administration of the public business;’’ and section 901(a)(3), ‘‘to increase the efficiency of the operations of the government to the fullest extent practicable.’’ The reorganization provided for in this plan make necessary the appointment and compensation of new officers, as specified in sections 3(a) and 3(b) of the plan. The rates of compensation fixed for these officers are comparable to those fixed for other officers in the executive branch who have similar responsibilities. This plan should result in the more efficient oper- ation of the government. It is not practical, however, to itemize or aggregate the exact expenditure reduc- tions which will result from this action. The public interest requires that government policies concerning telecommunications be formulated with as Page 140 TITLE 47—TELECOMMUNICATIONS § 305 much sophistication and vision as possible. This reor- ganization plan—and the executive order which would follow it—are necessary instruments if the government is to respond adequately to the challenges and opportu- nities presented by the rapid pace of change in commu- nications. I urge that the Congress allow this plan to become effective so that these necessary reforms can be accomplished. RICHARD NIXON. THE WHITE HOUSE, February 9, 1970. EXECUTIVE ORDER NO. 10995 Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519, as amended by Ex. Ord. No. 11084, eff. Feb. 18, 1963, 28 F.R. 1531, which related to the assignment of telecommuni- cations management functions, was revoked by Ex. Ord. No. 11556, eff. Sept. 14, 1970, 35 F.R. 14193, formerly set out below. EXECUTIVE ORDER NO. 11556 Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, as amended by Ex. Ord. No. 11921, June 11, 1976, 41 F.R. 2494, which related to the assignment of telecommuni- cation functions, was revoked by Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out below. EX. ORD. NO. 12046. TRANSFER OF TELECOMMUNICATIONS FUNCTIONS Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, as amended by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471, pro- vided: By virtue of the authority vested in me by the Con- stitution and laws of the United States of America, in- cluding Section 7 of Reorganization Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977)) [set out in the Appendix to Title 5, Government Organization and Employees], the authority and control vested in the President by Section 2 of Executive Order No. 11556, as amended. Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], and Section 301 of Title 3 of the United States Code, and as Presi- dent of the United States of America, in order to pro- vide for the transfer of certain telecommunications functions, it is hereby ordered as follows: SECTION 1 REORGANIZATION PLAN 1–1. IMPLEMENTATION OF REORGANIZATION PLAN 1–101. The transfer of all the functions of the Office of Telecommunications Policy and of its Director, as pro- vided by Section 5B of Reorganization Plan No. 1 of 1977 (42 FR 56101), is hereby effective. 1–102. The abolition of the Office of Telecommuni- cations Policy, as provided by Section 3C of Reorga- nization Plan No. 1 of 1977, is hereby effective. 1–103. The establishment of an Assistant Secretary for Communications and Information, Department of Commerce, as provided by Section 4 of Reorganization Plan No. 1 of 1977, is hereby effective. 1–2. TELECOMMUNICATIONS FUNCTION 1–201. Prior to the effective date of Reorganization Plan No. 1 of 1977, the Office of Telecommunications Policy and its Director had the functions set forth or referenced by: (1) Section 1 of Reorganization Plan No. 1 of 1970 (5 U.S.C. App.), (2) Executive Order No. 11556 of September 4, 1970, as amended (47 U.S.C. 305 note), (3) Executive Order No. 11191 of January 4, 1965, as amend- ed (47 U.S.C. 721 note), (4) Executive Order No. 10705 of April 17, 1957, as amended (47 U.S.C. 606 note), and (5) Presidential Memorandum of August 21, 1963, as amend- ed by Executive Order No. 11556 and entitled ‘‘Estab- lishment of the National Communications System.’’ 1–202. So much of those functions which relate to the preparation of Presidential telecommunications policy options or to the disposition of appeals from assign- ments of radio frequencies to stations of the United States Government were transferred to the President. These functions may be delegated within the Executive Office of the President and the delegations are set forth in this Order at Sections 3–1 through 4–3. 1–203. Those telecommunications functions which were not transferred to the President were transferred to the Secretary of Commerce. Functions transferred to the Secretary are set forth in this Order at Sections 2–1 through 2–5. SECTION 2 FUNCTIONS TRANSFERRED TO COMMERCE 2–1. RADIO FREQUENCIES 2–101. The authority of the President to assign fre- quencies to radio stations or to classes of radio stations belonging to and operated by the United States, includ- ing the authority to amend, modify, or revoke such as- signments, was transferred to the Secretary of Com- merce. 2–102. This authority, which was originally vested in the President by Section 305(a) of the Communications Act of 1934, as amended (47 U.S.C. 305(a)), was trans- ferred and assigned to the Director of the Office of Telecommunications Policy by Section 1 of Reorga- nization Plan No. 1 of 1970 and Section 3 of Executive Order No. 11556. 2–103. The authority to assign frequencies to radio stations is subject to the authority to dispose of ap- peals from frequency assignments as set forth in Sec- tion 3–2 of this Order. 2–2. CONSTRUCTION OF RADIO STATIONS 2–201. The authority to authorize a foreign govern- ment to construct and operate a radio station at the seat of government of the United States was trans- ferred to the Secretary of Commerce. Authorization for the construction and operation of a radio station pur- suant to this authority and the assignment of a fre- quency for its use can be made only upon recommenda- tion of the Secretary of State and after consultation with the Attorney General and the Chairman of the Federal Communications Commission. 2–202. This authority, which was originally vested in the President by Section 305(d) of the Communications Act of 1934, as amended (47 U.S.C. 305), was delegated to the Director of the Office of Telecommunications Pol- icy by Section 5 of Executive Order No. 11556. 2–3. COMMUNICATIONS SATELLITE SYSTEM 2–301. Certain functions relating to the communica- tions satellite system were transferred to the Secretary of Commerce. Those functions were delegated or as- signed to the Director of the Office of Telecommuni- cations Policy by Executive Order No. 11191, as amend- ed by Executive Order No. 11556. The functions include authority vested in the President by Section 201(a) of the Communications Satellite Act of 1962 (76 Stat. 421, 47 U.S.C. 721(a)). These functions are specifically set forth in the following provisions of this Section. (a) Aid in the planning and development of the com- mercial communications satellite system and aid in the execution of a national program for the operation of such a system. (b) Conduct a continuous review of all phases of the development and operation of such system, including the activities of the Corporation. (c) Coordinate, in consultation with the Secretary of State, the activities of governmental agencies with re- sponsibilities in the field of telecommunications, so as to insure that there is full and effective compliance at all times with the policies set forth in the Act [47 U.S.C. 701 et seq.]. (d) Make recommendations to the President and oth- ers as appropriate, with respect to all steps necessary to insure the availability and appropriate utilization of the communications satellite system for general gov- ernment purposes in consonance with Section 201(a)(6) of the Act [47 U.S.C. 721(a)(6)]. Page 141 TITLE 47—TELECOMMUNICATIONS § 305 (e) Help attain coordinated and efficient use of the electromagnetic spectrum and the technical compat- ibility of the communications satellite system with ex- isting communications facilities both in the United States and abroad. (f) Assist in the preparation of Presidential action documents for consideration by the President as may be appropriate under Section 201(a) of the Act, make necessary recommendations to the President in connec- tion therewith, and keep the President currently in- formed with respect to the carrying out of the Act. (g) Serve as the chief point of liaison between the President and the Corporation. (h) The Secretary of Commerce shall timely submit to the President each year the report (including evalua- tions and recommendations) provided for in Section 404(a) of the Act (47 U.S.C. 744(a)). (i) The Secretary of Commerce shall coordinate the performance of these functions with the Secretary of State. The Corporation and other concerned Executive agencies shall provide the Secretary of Commerce with such assistance, documents, and other cooperation as will enable the Secretary to carry out these functions. 2–4. OTHER TELECOMMUNICATIONS FUNCTIONS Certain functions assigned, subject to the authority and control of the President to the Director of the Of- fice of Telecommunications Policy by Section 2 of Ex- ecutive Order No. 11556 were transferred to the Sec- retary of Commerce. These functions, subject to the au- thority and control of the President, are set forth in the following subsections. 2–401. The Secretary of Commerce shall serve as the President’s principal adviser on telecommunications policies pertaining to the Nation’s economic and tech- nological advancement and to the regulation of the telecommunications industry. 2–402. The Secretary of Commerce shall advise the Di- rector of the Office of Management and Budget on the development of policies relating to the procurement and management of Federal telecommunications sys- tems. 2–403. The Secretary of Commerce shall conduct stud- ies and evaluations concerning telecommunications re- search and development, and concerning the initiation, improvement, expansion, testing, operation, and use of Federal telecommunications systems. The Secretary shall advise appropriate agencies, including the Office of Management and Budget, of the recommendations which result from such studies and evaluations. 2–404. The Secretary of Commerce shall develop and set forth, in coordination with the Secretary of State and other interested agencies, plans, policies, and pro- grams which relate to international telecommuni- cations issues, conferences, and negotiations. The Sec- retary of Commerce shall coordinate economic, tech- nical, operational and related preparations for United States participation in international telecommuni- cations conferences and negotiations. The Secretary shall provide advice and assistance to the Secretary of State on international telecommunications policies to strengthen the position and serve the best interests of the United States, in support of the Secretary of State’s responsibility for the conduct of foreign affairs. 2–405. The Secretary of Commerce shall provide for the coordination of the telecommunications activities of the Executive Branch, and shall assist in the formu- lation of policies and standards for those activities, in- cluding but not limited to considerations of interoper- ability, privacy, security, spectrum use and emergency readiness. 2–406. The Secretary of Commerce shall develop and set forth telecommunications policies pertaining to the Nation’s economic and technological advancement and to the regulation of the telecommunications industry. 2–407. The Secretary of Commerce shall ensure that the Executive Branch views on telecommunications matters are effectively presented to the Federal Com- munications Commission and, in coordination with the Director of the Office of Management and Budget, to the Congress. 2–408. The Secretary of Commerce shall establish policies concerning spectrum assignments and use by radio stations belonging to and operated by the United States. Agencies shall consult with the Secretary of Commerce to ensure that their conduct of tele- communications activities is consistent with those policies. 2–409. The Secretary of Commerce shall develop, in cooperation with the Federal Communications Com- mission, a comprehensive long-range plan for improved management of all electromagnetic spectrum re- sources. 2–410. The Secretary of Commerce shall conduct stud- ies and make recommendations concerning the impact of the convergence of computer and communications technology. 2–411. The Secretary of Commerce shall coordinate Federal telecommunications assistance to State and local governments, except as otherwise provided by Ex- ecutive Order No. 12472 [set out as a note under section 5195 of Title 42, The Public Health and Welfare]. 2–412. The Secretary of Commerce shall conduct and coordinate economic and technical analyses of tele- communications policies, activities, and opportunities in support of assigned responsibilities. 2–413. The Secretary of Commerce shall contract for studies and reports related to any aspect of assigned re- sponsibilities. 2–414. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.] 2–5. CONSULTATION RESPONSIBILITIES 2–501. The authority to establish coordinating com- mittees, as assigned to the Director of the Office of Telecommunications Policy by Section 10 of Executive Order No. 11556, was transferred to the Secretary of Commerce. 2–502. As permitted by law, the Secretary of Com- merce shall establish such interagency committees and working groups composed of representatives of inter- ested agencies, and shall consult with such depart- ments and agencies as may be necessary for the most effective performance of his functions. To the extent he deems it necessary to continue the Interdepartment Radio Advisory Committee, that Committee shall serve in an advisory capacity to the Secretary. As permitted by law, the Secretary also shall establish one or more telecommunications advisory committees composed of experts in the telecommunications area outside the Government. SECTION 3 FUNCTIONS ASSIGNED TO THE OFFICE OF MANAGEMENT AND BUDGET 3–1. TELECOMMUNICATIONS PROCUREMENT AND MANAGEMENT 3–101. The responsibility for serving as the Presi- dent’s principal adviser on procurement and manage- ment of Federal telecommunications systems and the responsibility for developing and establishing policies for procurement and management of such systems, which responsibilities were assigned to the Director of the Office of Telecommunications Policy subject to the authority and control of the President by Section 2(b) of Executive Order No. 11556, were transferred to the President. 3–102. These functions are delegated to the Director of the Office of Management and Budget. 3–2. RADIO FREQUENCY APPEALS 3–201. The authority to make final disposition of ap- peals from frequency assignments by the Secretary of Commerce for radio stations belonging to and operated by the United States, which authority was vested in the President by Section 305(a) of the Communications Act of 1934 (47 U.S.C. 305(a)) and transferred to the Di- rector of the Office of Telecommunications Policy by Reorganization Plan No. 1 of 1970 (5 U.S.C. App.), was transferred to the President. Page 142 TITLE 47—TELECOMMUNICATIONS § 305 3–202. This function is delegated to the Director of the Office of Management and Budget. SECTION 4 FUNCTIONS ASSIGNED TO THE NATIONAL SECURITY COUN- CIL AND THE OFFICE OF SCIENCE AND TECHNOLOGY POL- ICY 4–1. EMERGENCY FUNCTIONS 4–101. The war power functions of the President under Section 606 of the Communications Act of 1934, as amended (47 U.S.C. 606), which were delegated to the Director of the Office of Telecommunications Policy by the Provisions of Section 4 of Executive Order No. 10705, were transferred to the President. 4–102. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.] 4–103. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.] 4–2. NATIONAL COMMUNICATIONS SYSTEM 4–201. The responsibility for policy direction of the development and operation of a National Communica- tions System, which was assigned to the Director of the Office of Telecommunications Policy by the Presi- dential Memorandum of August 21, 1963, as amended by Executive Order No. 11556, was transferred to the Presi- dent. 4–202. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.] 4–3. PLANNING FUNCTIONS 4–301. The function of coordinating the development of policy, plans, programs, and standards for the mobi- lization and use of the Nation’s telecommunications re- sources in any emergency, which function was assigned to the Director of the Office of Telecommunications Policy subject to the authority and control of the President by Section 2(h) of the Executive Order No. 11556, was transferred to the President. 4–302. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.] SECTION 5 RELATED TELECOMMUNICATIONS FUNCTIONS 5–1. THE DEPARTMENT OF COMMERCE 5–101. The Secretary of Commerce shall continue to perform the following functions previously assigned by Section 13 of Executive Order No. 11556: (a) Perform analysis, engineering, and administrative functions, including the maintenance of necessary files and data bases, as necessary in the performance of as- signed responsibilities for the management of electro- magnetic spectrum. (b) Conduct research and analysis of electromagnetic propagation, radio systems characteristics, and oper- ating techniques affecting the utilization of the elec- tromagnetic spectrum in coordination with specialized, related research and analysis performed by other Fed- eral agencies in their areas of responsibility. (c) Conduct research and analysis in the general field of telecommunications sciences in support of assigned functions and in support of other Government agencies. 5–102. The Secretary of Commerce shall participate, as appropriate, in evaluating the capability of tele- communications resources, in recommending remedial actions, and in developing policy options. 5–2. DEPARTMENT OF STATE 5–201. With respect to telecommunications, the Sec- retary of State shall exercise primary authority for the conduct of foreign policy, including the determination of United States positions and the conduct of United States participation in negotiations with foreign gov- ernments and international bodies. In exercising this responsibility the Secretary of State shall coordinate with other agencies as appropriate, and, in particular, shall give full consideration to the Federal Commu- nications Commission’s regulatory and policy responsi- bility in this area. 5–202. The Secretary of State shall continue to per- form the following functions previously assigned by Ex- ecutive Order No. 11191, as amended: (a) Exercise the supervision provided for in Section 201(a)(4) of the Communications Satellite Act of 1962, as amended (47 U.S.C. 721(a)(4)), be responsible, although the Secretary of Commerce is the chief point of liaison, for instructing the Communications Satellite Corpora- tion in its role as the designated United States rep- resentative to the International Telecommunications Satellite Organization; and direct the foreign relations of the United States with respect to actions under the Communications Satellite Act of 1962, as amended [sec- tion 701 et seq. of this title]. (b) Coordinate, in accordance with the applicable interagency agreements, the performance of these func- tions with the Secretary of Commerce, the Federal Communications Commission, other concerned Execu- tive agencies, and the Communications Satellite Cor- poration (see 47 U.S.C. 731–735). The Corporation and other concerned Executive agencies shall provide the Secretary of State with such assistance, documents, and other cooperation as will enable the Secretary to carry out these functions. 5–3. FEDERAL EMERGENCY MANAGEMENT AGENCY [Re- voked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.] SECTION 6 GENERAL PROVISIONS 6–1. TRANSFER PROVISIONS 6–101. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.] 6–102. The primary responsibility for performing all administrative support and service functions that are related to functions transferred from the Office of Tele- communications Policy and its Director to the Presi- dent, including those functions delegated or assigned within the Executive Office of the President, are trans- ferred to the Office of Administration. The Domestic Policy Staff shall perform such functions related to the preparation of Presidential telecommunications policy options as the President may from time to time direct. 6–103. The records, property, personnel, and unex- pended balances of appropriations, available or to be made available, which relate to the functions trans- ferred, assigned, or delegated as provided in this Order are hereby transferred as appropriate. 6–104. The Director of the Office of Management and Budget shall make such determinations, issue such or- ders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided in this Order, including the transfer of funds, records, property, and personnel. 6–2. AMENDMENTS In order to reflect the transfers provided by this Order, the following conforming amendments and revocations are ordered: 6–201. Section 306 of Executive Order No. 11051, as amended [former 50 U.S.C. App. 2271 note], is further amended to read: ‘‘Sec. 306. Emergency telecommunications. The Adminis- trator of General Services shall be responsible for co- ordinating with the National Security Council in plan- ning for the mobilization of the Nation’s telecommuni- cations resources in time of national emergency.’’. 6–202. Executive Order No. 11490, as amended [former 50 U.S.C. App. 2251 note] is further amended by: (1) substituting ‘‘National Security Council’’ for ‘‘Of- fice of Telecommunications Policy (35 FR 6421)’’ in Sec- tion 401(27), and (2) substituting the number of this Order for ‘‘11556’’ and deleting references to Executive Order No. 10705 [47 U.S.C. 606 note] in Sections 1802 and 2002(3). Page 143 TITLE 47—TELECOMMUNICATIONS § 307 6–203. Executive Order No. 11725, as amended [former 50 U.S.C. App. 2271 note], is further amended by sub- stituting the number and date of this Order for the ref- erence to Executive Order No. 11556 of September 4, 1970 in Section 3(16). 6–204. Executive Orders No. 10705, as amended [47 U.S.C. 606 note], No. 11191, as amended [47 U.S.C. 721 note] and No. 11556, as amended, are revoked. 6–3. GENERAL 6–301. All Executive agencies to which functions are assigned pursuant to this Order shall issue such rules and regulations as may be necessary to carry them out. 6–302. All Executive agencies are authorized and di- rected to cooperate with the departments and agencies to which functions are assigned pursuant to this Order and to furnish them such information, support and as- sistance, not inconsistent with law, as they may re- quire in the performance of those functions. 6–303. (a) Nothing in this Order reassigns any function assigned any agency under the Federal Property and Administrative Services Act of 1949, as amended [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], nor does anything in this Order im- pair the existing authority of the Administrator of General Services to provide and operate telecommuni- cations services and to prescribe policies and methods of procurement, or impair the policy and oversight roles of the Office of Management and Budget. (b) In carrying out the functions in this Order, the Secretary of Commerce shall coordinate activities as appropriate with the Federal Communications Commis- sion and make appropriate recommendations to it as the regulator of the private sector. Nothing in this Order reassigns any function vested by law in the Fed- eral Communications Commission. 6–304. This Order shall be effective March 26, 1978. § 306. Foreign ships; application of section 301 Section 301 of this title shall not apply to any person sending radio communications or signals on a foreign ship while the same is within the jurisdiction of the United States, but such com- munications or signals shall be transmitted only in accordance with such regulations designed to prevent interference as may be promulgated under the authority of this chapter. (June 19, 1934, ch. 652, title III, § 306, 48 Stat. 1083.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 307. Licenses (a) Grant The Commission, if public convenience, inter- est, or necessity will be served thereby, subject to the limitations of this chapter, shall grant to any applicant therefor a station license provided for by this chapter. (b) Allocation of facilities In considering applications for licenses, and modifications and renewals thereof, when and insofar as there is demand for the same, the Commission shall make such distribution of li- censes, frequencies, hours of operation, and of power among the several States and commu- nities as to provide a fair, efficient, and equi- table distribution of radio service to each of the same. (c) Terms of licenses (1) Initial and renewal licenses Each license granted for the operation of a broadcasting station shall be for a term of not to exceed 8 years. Upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed 8 years from the date of expiration of the pre- ceding license, if the Commission finds that public interest, convenience, and necessity would be served thereby. Consistent with the foregoing provisions of this subsection, the Commission may by rule prescribe the period or periods for which licenses shall be granted and renewed for particular classes of stations, but the Commission may not adopt or follow any rule which would preclude it, in any case involving a station of a particular class, from granting or renewing a license for a shorter period than that prescribed for stations of such class if, in its judgment, the public inter- est, convenience, or necessity would be served by such action. (2) Materials in application In order to expedite action on applications for renewal of broadcasting station licenses and in order to avoid needless expense to ap- plicants for such renewals, the Commission shall not require any such applicant to file any information which previously has been furnished to the Commission or which is not directly material to the considerations that affect the granting or denial of such applica- tion, but the Commission may require any new or additional facts it deems necessary to make its findings. (3) Continuation pending decision Pending any administrative or judicial hear- ing and final decision on such an application and the disposition of any petition for rehear- ing pursuant to section 405 or section 402 of this title, the Commission shall continue such license in effect. (d) Renewals No renewal of an existing station license in the broadcast or the common carrier services shall be granted more than thirty days prior to the expiration of the original license. (e) Operation of certain radio stations without individual licenses (1) Notwithstanding any license requirement established in this chapter, if the Commission determines that such authorization serves the public interest, convenience, and necessity, the Commission may by rule authorize the oper- ation of radio stations without individual li- censes in the following radio services: (A) the citizens band radio service; (B) the radio control service; (C) the aviation radio service for air- craft stations operated on domestic flights when such aircraft are not otherwise required to carry a radio station; and (D) the maritime radio serv-