(June 19, 1934, ch. 652, title III, § 336, as added Pub. L. 104–104, title II, § 201,Feb. 8, 1996, 110 Stat. 107; Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5008(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–595; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 143(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–235.)
References in Text
The date of enactment of LPTV Digital Data Services Act, referred to in subsec. (h)(3), probably means the date of enactment of Pub. L. 106–554
, which enacted subsec. (h) of this section, and which was approved Dec. 21, 2000. There is no public law with that short title.
This chapter, referred to in subsec. (h)(6), 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
of this title and Tables.
2000—Subsecs. (h), (i). Pub. L. 106–554
added subsec. (h) and redesignated former subsec. (h) as (i).
1999—Subsecs. (f) to (h). Pub. L. 106–113
added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
Transition to Digital Television
Pub. L. 107–188
, title V, § 531,June 12, 2002, 116 Stat. 695
, provided that:
“(a) Pair Assignment Required.—In order to further promote the orderly transition to digital television, and to promote the equitable allocation and use of digital channels by television broadcast permittees and licensees, the Federal Communications Commission, at the request of an eligible licensee or permittee, shall, within 90 days after the date of enactment of this Act [June 12, 2002], allot, if necessary, and assign a paired digital television channel to that licensee or permittee, provided that—
“(1) such channel can be allotted and assigned without further modification of the tables of allotments as set forth in sections
73.606 and 73.622 of the Commission’s regulations (47 CFR 73.606, 73.622); and
“(2) such allotment and assignment is otherwise consistent with the Commission’s rules (47 CFR part 73).
“(b) Eligible Transition Licensee or Permittee.—For purposes of subsection (a), the term ‘eligible licensee or permittee’ means only a full power television broadcast licensee or permittee (or its successor in interest) that—
“(1) had an application pending for an analog television station construction permit as of October 24, 1991, which application was granted after April 3, 1997; and
“(2) as of the date of enactment of this Act [June 12, 2002], is the permittee or licensee of that station.
“(c) Requirements on Licensee or Permittee.—
“(1) Construction deadline.—Any licensee or permittee receiving a paired digital channel pursuant to this section—
“(A) shall be required to construct the digital television broadcast facility within 18 months of the date on which the Federal Communications Commission issues a construction permit therefore, and
“(B) shall be prohibited from obtaining or receiving an extension of time from the Commission beyond the construction deadline established by paragraph (1).
“(2) Prohibition of analog operation using digital pair.—Any licensee or permittee receiving a paired digital channel pursuant to this section shall be prohibited from giving up its current paired analog assignment and becoming a single-channel broadcaster and operating in analog on such paired digital channel.
“(d) Relief Restricted.—Any paired digital allotment and assignment made under this section shall not be available to any other applicant unless such applicant is an eligible licensee or permittee within the meaning of subsection (b).”
Reports on Provision of Digital Data Service by Low-Power Television Stations
Pub. L. 106–554
, § 1(a)(4) [div. B, title I, § 143(b)], Dec. 21, 2000, 114 Stat. 2763
, 2763A–238, provided that: “The Federal Communications Commission shall submit a report to the Congress on June 30, 2001, and June 30, 2002, evaluating the utility of using low-power television stations to provide high-speed digital data service. The reports shall be based on the pilot projects authorized by section 336(h) of the Communications Act of 1934 (47
Congressional Findings Regarding Low-Power Broadcasters
Pub. L. 106–113
, div. B, § 1000(a)(9) [title V, § 5008(b)], Nov. 29, 1999, 113 Stat. 1536
, 1501A–594, provided that: “Congress finds the following:
“(1) Since the creation of low-power television licenses by the Federal Communications Commission, a small number of license holders have operated their stations in a manner beneficial to the public good providing broadcasting to their communities that would not otherwise be available.
“(2) These low-power broadcasters have operated their stations in a manner consistent with the programming objectives and hours of operation of full-power broadcasters providing worthwhile services to their respective communities while under severe license limitations compared to their full-power counterparts.
“(3) License limitations, particularly the temporary nature of the license, have blocked many low-power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality broadcasting, programming, or improvements.
“(4) The passage of the Telecommunications Act of 1996 [Pub. L. 104–104
, see Short Title of 1996 Amendment note set out under section
of this title] has added to the uncertainty of the future status of these stations by the lack of specific provisions regarding the permanency of their licenses, or their treatment during the transition to high definition, digital television.
“(5) It is in the public interest to promote diversity in television programming such as that currently provided by low-power television stations to foreign-language communities.”
Executive Order No. 13038
Ex. Ord. No. 13038, Mar. 11, 1997, 62
, as amended by Ex. Ord. No. 13062, § 5, Sept. 29, 1997, 62
; Ex. Ord. No. 13065, Oct. 22, 1997, 62
; Ex. Ord. No. 13081, Apr. 30, 1998, 63
; Ex. Ord. No. 13102, Sept. 25, 1998, 63
, which established the Advisory Committee on the Public Interest Obligations of Digital Television Broadcasters, was revoked by Ex. Ord. No. 13138, § 3(b), Sept. 30, 1999, 64
, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.