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except under and in accordance with this Act and with a license in that behalf granted under the provisions of this Act.65

DEVICES WHICH INTERFERE WITH RADIO RECEPTION

SEC. 302. [47 U.S.C. 302] 66 (a) The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations (1) governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, or shipment of such devices and home electronic equipment and systems, and to the use of such devices. 67

(b) No person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section. 68

(c) The provisions of this section shall not be applicable to carriers transporting such devices or home electronic equipment and systems without trading in them, to devices or home electronic equipment and systems manufactured solely for export, to the equipment manufacturer, assembly, or installation of devices or home electronic and systems for its own use by a public utility en

65 Section 301 as amended by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1091, by striking out "interstate and foreign" before "radio transmission"; by inserting "State" after "any" the third place it appears; by inserting a comma after "Territory" the first place it appears; by inserting "State" after "same"; and by inserting "(except as provided in section 303(t))" at the end of subsection (e).

66 Section 302 was added by Public Law 90-379, approved July 5, 1968, 82 Stat. 290.

Prior section 302 was repealed by "An Act relating to the allocation of radio facilities." Public No. 652, 74th Congress, approved and effective June 5, 1936, 49 Stat. 1475. The text of section 302 was as follows:

SEC. 302 (a) For the purposes of this title the United States is divided into five zones, as follows: The first zone shall embrace the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, and the District of Columbia; the second zone shall embrace the States of Pennsylvania, Virginia, West Virginia, Ohio, Michigan, and Kentucky; the third zone shall embrace the States of North Carolina, South Carolina, Georgia, Florida, Alabama, Tennessee, Mississippi, Arkansas, Louisiana, Texas and Oklaho ma; the fourth zone shall embrace the States of Indiana, Illinois, Wisconsin, Minnesota, North Dakota, South Dakota, Iowa, Nebraska, Kansas, and Missouri; and the fifth zone shall embrace the States of Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and California.

(b) The Virgin Islands, Puerto Rico, Alaska, Guam, American Samoa, and the Territory of Hawaii are expressly excluded from the zones herein established.

67 Section 302(a) was amended by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1091-1092; by inserting "(1)" after "regulations", and by inserting at the end of the first sentence "; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy". The last sentence of 302(a) is amended by striking out "shipment, or use of such devices" and inserting "or shipment, of such devices and home electronic equipment and systems, and to the use of such devices".

Public Law 97-259, 96 Stat. 1087, 1091-92, Sept. 13, 1982, also stated:

Any minimum performance standard established by the Federal Communications Commission under section 302(a)(2) of the Communications Act of 1934, as added by the amendment made in subsection (a)(1) [of Sec. 108 of the statute], shall not apply to any home electronic equipment or systems manufactured before the date of the enactment of this Act. 68 Section 302(b) was amended by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1092; by striking out "ship, or use devices" and inserting "or ship devices or home electronic equipment and systems, or use devices,".

gaged in providing electric service, or to devices or home electronic equipment and systems for use by the Government of the United States or any agency thereof. Devices and home electronic equipment and systems for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including offshore procurement, under United States Government criteria, standards, or specifications designed to achieve the objectives of reducing interference to radio reception and to home electronic equipment and systems, taking into account the unique needs of national defense and security.69

GENERAL POWERS OF COMMISSION

SEC. 303. [47 U.S.C. 303] Except as otherwise provided in this Act, the Commission from time to time, as public convenience, interest, or necessity requires shall

(a) Classify radio stations;

(b) Prescribe the nature of the service to be rendered by each class of licensed stations and each station within any class;

(c) Assign bands of frequencies to the various classes of stations, and assign frequencies for each individual station and determine the power which each station shall use and the time during which it may operate;

(d) Determine the location of classes of stations or individual stations;

(e) Regulate the kind of apparatus to be used with respect to its external effects and the purity and sharpness of the emissions from each station and from the apparatus therein;

(f) Make such regulations not inconsistent with law as it may deem necessary to prevent interference between stations and to carry out the provisions of this Act: Provided, however, that changes in the frequencies, authorized power, or in the times of operation of any station, shall not be made without the consent of the station licensee unless, after a public hearing, the Commission shall determine that such changes will promote public convenience or interest or will serve public necessity, or the provisions of this Act will be more fully complied with;

(g) Study new uses for radio, provide for experimental uses of frequencies, and generally encourage the larger and more effective use of radio in the public interest;

(h) Have authority to establish areas or zones to be served by any station;

(i) Have authority to make special regulations applicable to radio stations engaged in chain broadcasting;

(j) Have authority to make general rules and regulations requiring stations to keep such records of programs, transmissions of energy, communications or signals as it may deem desirable;

(k) Have authority to exclude from the requirements of any regulations in whole or in part any radio station upon railroad rolling stock, or to modify such regulations in its discretion;

69 Section 302(c) was amended by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1092; by inserting in the first sentence "and home electronic equipment and systems" after "Devices"; by striking out "common objective" and inserting "objectives" and by inserting "and to home electronic equipment and systems" after "reception".

(X1) Have the authority to prescribe the qualifications of station operators, to classify them according to the duties to be performed, to fix the forms of such licenses, and to issue them to persons who are found to be qualified by the Commission and who otherwise are legally eligible for employment in the United States, except that such requirement relating to eligibility for employment in the United States shall not apply in the case of licenses issued by the Commission to (A) persons holding United States pilot certificates; or (B) persons holding foreign aircraft pilot certificates which are valid in the United States, if the foreign government involved has entered into a reciprocal agreement under which such foreign government does not impose any similar requirement relating to eligibility for employment upon citizens of the United States;

70

(2) Notwithstanding paragraph (1) of this subsection, an individual to whom a radio station is licensed under the provisions of this Act may be issued an operator's license to operate that station.

(3) In addition to amateur operator licenses which the Commission may issue to aliens pursuant to paragraph (2) of this subsection, and notwithstanding section 301 of this Act and paragraph (1) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension or cancellation of any such authorization.71

70 Section 303 (X1) was amended to read as above by Public Law 97-259, 96 Stat. 1087, 1092, Sept. 13, 1982. It formerly read as follows:

(X1) Have the authority to prescribe the qualifications of station operators, to classify them according to the duties to be performed, to fix the forms of such licenses, and to issue them to such citizens or nationals of the United States or citizens of the Trust Territory of the Pacific Islands presenting valid identity certificates issued by the high Commissioner of such Territory, as the Commission finds qualified, except that issuing licenses for the operation of radio stations on aircraft the Commission may, if it finds that the public interest will be served thereby, waive the requirement of citizenship in the case of persons holding United States pilot certificates or in the case of persons holding foreign aircraft pilot certificates which are valid in the United States on the basis of reciprocal agreements entered into with foreign governments;

Public Law 85-817, 72 Stat. 981, Aug. 28, 1958. The former subsection had been amended by Public Law 88-487, 76 Stat. 64, Aug. 22, 1964 (which had added a clause with citizens of the Trust Territory of the Pacific Islands) and by Public Law 87-445, 76 Stat. 64, April 27, 1962 (which had added the words "or nationals" after the word "citizens"). Prior to Public Law 85817, subsection (1) read as follows:

(1) Have authority to prescribe the qualifications of station operators, to classify them according to the duties to be performed, to fix the forms of such licenses, and to issue them to such citizens of the United States as the Commission finds qualified.

71 Paragraphs 303 (X2) and (3) were amended to read as above by Public Law 93-505, approved November 30, 1974, 88 Stat. 1576. The former paragraph (2) was added by Public Law 88313, approved May 28, 1964, 78 Stat. 202; and former paragraph (3) was added by Public Law 9281, approved August 10, 1971, 85 Stat. 302. They read as follows:

Notwithstanding section 301 of this Act and paragraph (1) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station license by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation on a reciprocal basis by United States amateur radio operators: Provided, That when an application for an authorization is received by the Commission, it shall

Continued

(m) 72 (1) Have authority to suspend the license of any operator upon proof sufficient to satisfy the Commission that the licensee(A) Has violated, or caused, aided, or abetted the violation of,73 any provision of any Act, treaty, or convention binding on the United States, which the Commission is authorized to administer, or any regulation made by the Commission under any such Act, treaty, or convention; or

(B) Has failed to carry out a lawful order of the master or person lawfully in charge of the ship or aircraft on which he is employed;

or

(C) Has willfully damaged or permitted radio apparatus or installations to be damaged; or

(D) Has transmitted superfluous radio communications or signals or communications containing profane or obscene words, language, or meaning, or has knowingly transmitted

(1) False or deceptive signals or communications; or

(2) A call signal or letter which has not been assigned by proper authority to the station he is operating; or

(E) Has willfully or maliciously interfered with any other radio communications or signals; or

(F) Has obtained or attempted to obtain, or has assisted another to obtain or attempt to obtain, an operator's license by fraudulent

means.

(2) No order of suspension of any operator's license shall take effect until fifteen days' notice in writing thereof, stating the cause for the proposed suspension, has been given to the operator licensee who may make written application to the Commission at any time within said fifteen days for hearing upon such order. The notice to the operator licensee shall not be effective until actually

notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further; That the requested authorization may then be granted unless the Commission shall determine that if information received from such agencies necessitates denial of the request. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension or cancellation of any such authorization.

(3) Notwithstanding paragraph (1) of this subsection, the Commission may issue licenses for the operation of amateur radio stations to aliens admitted to the United States for permanent residence who have filed under section 334(f) of the Immigration and Nationality Act (8 U.S.C. 1445(f)) a declaration of intention to become a citizen of the United States: Provided, That when an application for a license is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested license may then be granted unless the Commission shall determine that information received from such agencies necessitates denial of the request. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for a modification, suspension, or cancellation of any such license.

72 This subsection was amended to read as above by "An Act to amend the Communications Act of 1934, etc." Public Law No. 97, 75th Congress, approved and effective May 30, 1937, 50 Stat. 190. Section 308(m) formerly read as follows:

(m) Have authority to suspend the license of any operator for a period not exceeding two years upon proof sufficient to satisfy the Commission that the licensee (1) has violated any provision of any Act or treaty binding on the United States which the Commission is authorized by this Act to administer or any regulation made by the Commission under any such Act or treaty; or (2) has failed to carry out the lawful orders of the master of the vessel on which he is employed; or (3) has willfully damaged or permitted radio apparatus to be damaged; or (4) has transmitted superfluous radio communications or signals or radio communications containing profane or obscene words or language; or (5) has willfully or maliciusly interfered with any other radio communications or signals.

73 Paragraph (A) was amended by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1092, by inserting "or caused, aided, or abetted the violation of" after "violated."

received by him, and from that time he shall have fifteen days in which to mail the said application. In the event that physical conditions prevent mailing of the application at the expiration of the fifteen-day period, the application shall then be mailed as soon as possible thereafter, accompanied by a satisfactory explanation of the delay. Upon receipt by the Commission of such application for hearing, said order of suspension shall be held in abeyance until the conclusion of the hearing which shall be conducted under such rules as the Commission may prescribe. Upon the conclusion of said hearing the Commission may affirm, modify, or revoke said order of suspension.

(n) Have authority to inspect all radio installations associated with stations required to be licensed by any Act, or which the Commission by rule has authorized to operate without a license under section 307(e)(1),74 or which are subject to the provisions of any Act, treaty, or convention binding on the United States, to ascertain whether in construction, installation, and operation they conform to the requirements of the rules and regulations of the Commission, the provisions of any Act, the terms of any treaty or convention binding on the United States and the conditions of the license or other instrument of authorization under which they are constructed, installed, or operated.75

(0) Have authority to designate call letters of all stations;

(p) Have authority to cause to be published such call letters and such other announcements and data as in the judgment of the Commission may be required for the efficient operation of radio stations subject the jurisdiction of the United States and for the proper enforcement of this Act;

(q) Have authority to require the painting and/or illumination of radio towers if and when in its judgment such towers constitute, or there is a reasonable possibility that they may constitute, a menace to air navigation. The permittee or licensee shall maintain the painting and/or illumination of the tower as prescribed by the Commission pursuant to this section. In the event that the tower ceases to be licensed by the Commission for the transmission of radio energy, the owner of the tower shall maintain the prescribed painting and/or illumination of such tower until it is dismantled, and the Commission may require the owner to dismantle and remove the tower when the administrator of the Federal Aviation Agency determines that there is a reasonable possibility that it may constitute a menace to air navigation.76

(r) Make such rules and regulations and prescribe such restrictions and conditions, not inconsistent with law, as may be necessary to carry out the provisions of this Act, or any international

"

74 Subsection (n) was amended by Public Law 97-259, approved September 13, 1982, 96 Stat. 1093-94, by inserting or which the Commission by rule has authorized to operate without a license under section 307(e)(1)" after "Act" the first time it appears.

75 This subsection was amended to read as above by "An Act to amend the Communications Act of 1934, etc." Public No. 97, 75th Congress, approved and effective May 20, 1937, 50 Stat. 191. Section 303(n) formerly read as follows:

(n) Have authority to inspect all transmitting apparatus to ascertain whether in construction and operation it conforms to the requirements of this Act, the rules and regulations of the Commission, and the license under which it is constructed or operated.

76 The last two sentences of section 303(q) were added by Public Law 89-268, approved October 19, 1965, 79 Stat. 990.

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