
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC1465bb]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
 CHAPTER 18--UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS
 
             SUBCHAPTER V-B--TELEVISION BROADCASTING TO CUBA
 
Sec. 1465bb. Television broadcasting to Cuba


(a) Television broadcasting to Cuba

    In order to carry out the purposes set forth in section 1465aa of 
this title and notwithstanding the limitation of section 1461 of this 
title with respect to the dissemination in the United States of 
information prepared for dissemination abroad to the extent such 
dissemination is inadvertent, the Broadcasting Board of Governors 
(hereafter in this subchapter referred to as the ``Agency'' \1\) shall 
provide for the open communication of information and ideas through the 
use of television broadcasting to Cuba. Television broadcasting to Cuba 
shall serve as a consistently reliable and authoritative source of 
accurate, objective, and comprehensive news.
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    \1\ So in original. Probably should be `` `Board' ''.
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(b) Voice of America standards

    Television broadcasting to Cuba under this subchapter shall be in 
accordance with all Voice of America standards to ensure the broadcast 
of programs which are objective, accurate, balanced, and which present a 
variety of views.

(c) Television Marti

    Any program of United States Government television broadcasts to 
Cuba authorized by this section shall be designated the ``Television 
Marti Program''.

(d) Frequency assignment

    (1) Subject to the Communications Act of 1934 [47 U.S.C. 151 et 
seq.], the Federal Communications Commission shall assign by order a 
suitable frequency to further the national interests expressed in this 
subchapter, except that no such assignment shall result in objectionable 
interference with the broadcasts of any domestic licensee.
    (2) No Federal branch or agency shall compel an incumbent domestic 
licensee to change its frequency in order to eliminate objectionable 
interference caused by broadcasting of the Service.
    (3) For purposes of section 305 of the Communications Act of 1934 
[47 U.S.C. 305], a television broadcast station established for purposes 
of this subchapter shall be treated as a government station, but the 
Federal Communications Commission shall exercise the authority of the 
President under such section to assign a frequency to such station.

(e) Interference with domestic broadcasting

    (1) Broadcasting by the Television Marti Service shall be conducted 
in accordance with such parameters as shall be prescribed by the Federal 
Communications Commission to preclude objectionable interference with 
the broadcasts of any domestic licensee. The Television Marti Service 
shall be governed by the same standards regarding objectionable 
interference as any domestic licensee. The Federal Communications 
Commission shall monitor the operations of television broadcasting to 
Cuba pursuant to subsection (f) of this section. If, on the basis of 
such monitoring or a complaint from any person, the Federal 
Communications Commission determines, in its discretion, that 
broadcasting by the Television Marti Service is causing objectionable 
interference with the transmission or reception of the broadcasts of a 
domestic licensee, the Federal Communications Commission shall direct 
the Television Marti Service to cease broadcasting and to eliminate the 
objectionable interference. Broadcasts by the Service shall not be 
resumed until the Federal Communications Commission finds that the 
objectionable interference has been eliminated and should not recur.
    (2) The Federal Communications Commission shall take such actions as 
are necessary and appropriate to assist domestic licensees in overcoming 
the adverse effects of objectionable interference caused by broadcasting 
by the Television Marti Service. Such assistance may include the 
authorization of nondirectional increases in the effective radiated 
power of a domestic television station so that its coverage is 
equivalent to the maximum allowable for such facilities, to avoid any 
adverse effect on such stations of the broadcasts of the Television 
Marti Service.
    (3) If the Federal Communications Commission directs the Television 
Marti Service to cease broadcasting pursuant to paragraph (1), the 
Commission shall, as soon as practicable, notify the appropriate 
committees of Congress of such action and the reasons therefor. The 
Federal Communications Commission shall continue to notify the 
appropriate committees of Congress of progress in eliminating the 
objectionable interference and shall assure that Congress is fully 
informed about the operation of the Television Marti Service.

(f) Monitoring of interference

    The Federal Communications Commission shall continually monitor and 
periodically report to the appropriate committees of the Congress 
interference to domestic broadcast licensees--
        (1) from the operation of Cuban television and radio stations; 
    and
        (2) from the operations of the television broadcasting to Cuba.

(g) Task force

    It is the sense of the Congress that the President should establish 
a task force to analyze the level of interference from the operation of 
Cuban television and radio stations experienced by broadcasters in the 
United States and to seek a practical political and technical solution 
to this problem.

(Pub. L. 101-246, title II, Sec. 243, Feb. 16, 1990, 104 Stat. 59; Pub. 
L. 105-277, div. G, subdiv. A, title XIII, Sec. 1325(1), (2), Oct. 21, 
1998, 112 Stat. 2681-781.)

                            Repeal of Section

        Section repealed upon transmittal of determination by President 
    under section 6063(c)(3) of this title that democratically elected 
    government in Cuba is in power, see section 6037(c) of this title.

                       References in Text

    The Communications Act of 1934, referred to in subsec. (d)(1), is 
act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is 
classified principally to chapter 5 (Sec. 151 et seq.) of Title 47, 
Telegraphs, Telephones, and Radiotelegraphs. For complete classification 
of this Act to the Code, see section 609 of Title 47 and Tables.

                          Codification

    Section was enacted as part of the Television Broadcasting to Cuba 
Act which comprises this subchapter, and not as part of the United 
States Information and Educational Exchange Act of 1948 which comprises 
this chapter.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-277, Sec. 1325(1), substituted 
``Broadcasting Board of Governors'' for ``United States Information 
Agency''.
    Subsec. (c). Pub. L. 105-277, Sec. 1325(2), in heading struck out 
``USIA'' before ``Television'' and in text substituted ``the 
`Television'' for `` `USIA Television''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section 
1301 of Pub. L. 105-277, set out as an Effective Date note under section 
6531 of this title.


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which a 
report required under subsec. (f) of this section is listed on page 
167), see section 3003 of Pub. L. 104-66, as amended, set out as a note 
under section 1113 of Title 31, Money and Finance.
