
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC397]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
      Part IV--Assistance for Planning and Construction of Public 
   Telecommunications Facilities; Telecommunications Demonstrations; 
         Corporation for Public Broadcasting; General Provisions
 
                      subpart e--general provisions
 
Sec. 397. Definitions

    For the purposes of this part--
    (1) The term ``construction'' (as applied to public 
telecommunications facilities) means acquisition (including acquisition 
by lease), installation, and modernization of public telecommunications 
facilities and planning and preparatory steps incidental to any such 
acquisition, installation, or modernization.
    (2) The term ``Corporation'' means the Corporation for Public 
Broadcasting authorized to be established in subpart D.
    (3) The term ``interconnection'' means the use of microwave 
equipment, boosters, translators, repeaters, communication space 
satellites, or other apparatus or equipment for the transmission and 
distribution of television or radio programs to public 
telecommunications entities.
    (4) The term ``interconnection system'' means any system of 
interconnection facilities used for the distribution of programs to 
public telecommunications entities.
    (5) The term ``meeting'' means the deliberations of at least the 
number of members of a governing or advisory body, or any committee 
thereof, required to take action on behalf of such body or committee 
where such deliberations determine or result in the joint conduct or 
disposition of the governing or advisory body's business, or the 
committee's business, as the case may be, but only to the extent that 
such deliberations relate to public broadcasting.
    (6) The terms ``noncommercial educational broadcast station'' and 
``public broadcast station'' mean a television or radio broadcast 
station which--
        (A) under the rules and regulations of the Commission in effect 
    on November 2, 1978, is eligible to be licensed by the Commission as 
    a noncommercial educational radio or television broadcast station 
    and which is owned and operated by a public agency or nonprofit 
    private foundation, corporation, or association; or
        (B) is owned and operated by a municipality and which transmits 
    only noncommercial programs for education purposes.

    (7) The term ``noncommercial telecommunications entity'' means any 
enterprise which--
        (A) is owned and operated by a State, a political or special 
    purpose subdivision of a State, a public agency, or a nonprofit 
    private foundation, corporation, or association; and
        (B) has been organized primarily for the purpose of 
    disseminating audio or video noncommercial educational and cultural 
    programs to the public by means other than a primary television or 
    radio broadcast station, including, but not limited to, coaxial 
    cable, optical fiber, broadcast translators, cassettes, discs, 
    microwave, or laser transmission through the atmosphere.

    (8) The term ``nonprofit'' (as applied to any foundation, 
corporation, or association) means a foundation, corporation, or 
association, no part of the net earnings of which inures, or may 
lawfully inure, to the benefit of any private shareholder or individual.
    (9) The term ``non-Federal financial support'' means the total value 
of cash and the fair market value of property and services (including, 
to the extent provided in the second sentence of this paragraph, the 
personal services of volunteers) received--
        (A) as gifts, grants, bequests, donations, or other 
    contributions for the construction or operation of noncommercial 
    educational broadcast stations, or for the production, acquisition, 
    distribution, or dissemination of educational television or radio 
    programs, and related activities, from any source other than (i) the 
    United States or any agency or instrumentality of the United States; 
    or (ii) any public broadcasting entity; or
        (B) as gifts, grants, donations, contributions, or payments from 
    any State, or any educational institution, for the construction or 
    operation of noncommercial educational broadcast stations or for the 
    production, acquisition, distribution, or dissemination of 
    educational television or radio programs, or payments in exchange 
    for services or materials with respect to the provision of 
    educational or instructional television or radio programs.

Such term includes the fair market value of personal services of 
volunteers, as computed using the valuation standards established by the 
Corporation, but only, with respect to such an entity in a fiscal year, 
to the extent that the value of the services does not exceed 5 percent 
of the total non-Federal financial support of the entity in such fiscal 
year.
    (10) The term ``preoperational expenses'' means all nonconstruction 
costs incurred by new telecommunications entities before the date on 
which they begin providing service to the public, and all 
nonconstruction costs associated with expansion of existing entities 
before the date on which such expanded capacity is activated, except 
that such expenses shall not include any portion of the salaries of any 
personnel employed by an operating public telecommunications entity.
    (11) The term ``public broadcasting entity'' means the Corporation, 
any licensee or permittee of a public broadcast station, or any 
nonprofit institution engaged primarily in the production, acquisition, 
distribution, or dissemination of educational and cultural television or 
radio programs.
    (12) The term ``public telecommunications entity'' means any 
enterprise which--
        (A) is a public broadcast station or a noncommercial 
    telecommunications entity; and
        (B) disseminates public telecommunications services to the 
    public.

    (13) The term ``public telecommunications facilities'' means 
apparatus necessary for production, interconnection, captioning, 
broadcast, or other distribution of programming, including, but not 
limited to, studio equipment, cameras, microphones, audio and video 
storage or reproduction equipment, or both, signal processors and 
switchers, towers, antennas, transmitters, translators, microwave 
equipment, mobile equipment, satellite communications equipment, 
instructional television fixed service equipment, subsidiary 
communications authorization transmitting and receiving equipment, cable 
television equipment, video and audio cassettes and discs, optical fiber 
communications equipment, and other means of transmitting, emitting, 
storing, and receiving images and sounds, or intelligence, except that 
such term does not include the buildings to house such apparatus (other 
than small equipment shelters which are part of satellite earth 
stations, translators, microwave interconnection facilities, and similar 
facilities).
    (14) The term ``public telecommunications services'' means 
noncommercial educational and cultural radio and television programs, 
and related noncommercial instructional or informational material that 
may be transmitted by means of electronic communications.
    (15) The term ``Secretary'' means the Secretary of Commerce when 
such term is used in subpart A and subpart B, and the Secretary of 
Health and Human Services when such term is used in subpart C, subpart 
D, and this subpart.
    (16) The term ``State'' includes the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Northern Mariana Islands, and the Trust Territory of the Pacific 
Islands.
    (17) The term ``system of public telecommunications entities'' means 
any combination of public telecommunications entities acting 
cooperatively to produce, acquire, or distribute programs, or to 
undertake related activities.

(June 19, 1934, ch. 652, title III, Sec. 397, formerly Sec. 394, as 
added Pub. L. 87-447, May 1, 1962, 76 Stat. 67; renumbered Sec. 397 and 
amended Pub. L. 90-129, title I, Secs. 103(f), 105, 106, title II, 
Sec. 201(3), (6), Nov. 7, 1967, 81 Stat. 366-368; Pub. L. 94-192, 
Sec. 5, Dec. 31, 1975, 89 Stat. 1100; Pub. L. 94-309, Sec. 6, June 5, 
1976, 90 Stat. 684; Pub. L. 95-567, title IV, Sec. 401, Nov. 2, 1978, 92 
Stat. 2422; Pub. L. 97-35, title XII, Sec. 1234(b), Aug. 13, 1981, 95 
Stat. 736; Pub. L. 101-437, title II, Sec. 203(b), Oct. 18, 1990, 104 
Stat. 1000; Pub. L. 104-316, title I, Sec. 126(a), Oct. 19, 1996, 110 
Stat. 3840.)

                       References in Text

    This part, referred to in provision preceding par. (1), commences 
with section 390 of this title.


                            Prior Provisions

    A prior section 397, act June 19, 1934, ch. 652, title III, 
Sec. 397, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, was 
renumbered section 398 by Pub. L. 90-129, and is classified to section 
398 of this title.


                               Amendments

    1996--Par. (9). Pub. L. 104-208, in closing provisions, struck out 
``and approved by the Comptroller General pursuant to section 396(g)(5) 
of this title'' after ``by the Corporation'' and ``with respect to such 
services provided to public telecommunications entities after such 
standards are approved by the Comptroller General and only'' before ``, 
with respect to such an entity''.
    1990--Par. (2). Pub. L. 101-437, Sec. 203(b)(1), substituted 
``subpart D'' for ``subpart C''.
    Par. (15). Pub. L. 101-437, Sec. 203(b)(2), inserted ``and subpart 
B'' after ``subpart A'' and substituted ``subpart C, subpart D'' for 
``subpart B, subpart C''.
    1981--Par. (15). Pub. L. 97-35 substituted ``Health and Human 
Services'' for ``Health, Education, and Welfare''.
    1978--Pub. L. 95-567, revised definition of ``construction'', 
``corporation'', ``interconnection'', ``noncommercial educational 
broadcast station'', ``non-Federal financial support'', ``Secretary'' 
and ``State'', inserted definitions of ``meeting'', ``interconnection 
system'', ``noncommercial telecommunications entity'', ``preoperational 
expenses'', ``public telecommunications entity'', ``public 
telecommunications facilities'', and ``public telecommunications 
services'', and deleted definitions of ``educational television or radio 
programs'' and ``State educational television agency'' in order to make 
such definitions consistent with the chapter as amended.
    1976--Par. (2). Pub. L. 94-309 substituted ``transmission and 
reception apparatus'' for ``transmission apparatus'' and ``closed 
circuit television or radio programs'' for ``closed circuit television 
programs'' and inserted in parenthetical text reference to non-video 
recording equipment, radio subcarrier receivers and satellite 
transceivers.
    1975--Pars. (10), (11). Pub. L. 94-192 added pars. (10) and (11).
    1967--Par. (1). Pub. L. 90-129, Sec. 105(a), included the Virgin 
Islands, Guam, American Samoa, and the Trust Territory of the Pacific 
Islands in definition of ``State''.
    Par. (2). Pub. L. 90-129, Secs. 103(f)(1), 106, provided for 
application of term ``construction'' to educational radio broadcasting 
facilities and defined such term to include acquisition and installation 
of transmission apparatus necessary for radio broadcasting, and included 
costs of planning, respectively.
    Par. (4). Pub. L. 90-129, Secs. 103(f)(2), 105(b), substituted ``The 
terms `State educational television agency' and `State educational radio 
agency' mean, with respect to television broadcasting and radio 
broadcasting, respectively,'' for ``The term `State educational 
television agency' means'' and ``such broadcasting'' for ``educational 
television'' in cls. (A) and (B), and defined ``Governor'' to include 
the High Commissioner of the Trust Territory of the Pacific Islands, 
respectively.
    Pars. (6) to (9). Pub. L. 90-129, Sec. 201(6), added pars. (6) to 
(9).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 
of Pub. L. 95-567, set out as a note under section 390 of this title.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in section 309 of this title; title 17 
sections 110, 111, 114, 118, 119; title 20 sections 3913, 3914, 6813, 
6898, 8801.
