To amend the Communications Act of 1934 by extending and improving the provisions thereof relating to grants for construction of educational television broadcasting facilities, by authorizing assistance in the construction of noncommercial educational radio broadcasting facilities, by establishing a nonprofit corporation to assist in establishing innovative educational programs, to facilitate educational program availability, and to aid the operation of educational broadcasting facilities; and to authorize a comprehensive study of instructional television and radio; and for other purposes, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Public Broadcasting Act of 1967". TITLE I-CONSTRUCTION OF FACILITIES EXTENSION OF DURATION OF CONSTRUCTION GRANTS FOR EDUCATIONAL BROADCASTING SEC. 101. (a) Section 391 of the Communications Act of 1934 (47 Publio Broadoasting Aot of 1967. U.S.C. 391) is amended by inserting after the first sentence the follow- 76 Stat. 65. ing new sentence: "There are also authorized to be appropriated for carrying out the purposes of such section, $10,500,000 for the fiscal year ending June 30, 1968, $12.500,000 for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal year ending June 30, 1970. (b) The last sentence of such section is amended by striking out "July 1, 1968" and inserting in lieu thereof "July 1, 1971”. MAXIMUM ON GRANTS IN ANY STATE SEC. 102. Effective with respect to grants made from appropriations for any fiscal year beginning after June 30, 1967, subsection (b) of section 392 of the Communications Act of 1934 (47 U.S.C. 392 (b)) is amended to read as follows: "(b) The total of the grants made under this part from the appropriation for any fiscal year for the construction of noncommercial educational television broadcasting facilities and noncommercial educational radio broadcasting facilities in any State may not exceed 812 per centum of such appropriation." NONCOMMERCIAL EDUCATIONAL RADIO BROADCASTING FACILITIES SEC. 103. (a) Section 390 of the Communications Act of 1934 (47 U.S.C. 390) is amended by inserting "noncommercial" before "educational" and by inserting "or radio" after "television". (b) Subsection (a) of section 392 of the Communications Act of 1934 (47 U.S.C. 392 (a)) is amended by (1) inserting "noncommercial" before "educational" and by inserting "or radio" after "television" in so much thereof as precedes paragraph (1); (2) striking out clause (B) of such paragraph and inserting in lieu thereof "(B) in the case of a project for television facilities, 81 STAT. 365 the State noncommercial educational television agency or, in the 81 STAT. 366 case of a project for radio facilities, the State educational radio agency,"; (3) inserting "(i) in the case of a project for television facilities," after "(D)" and "noncommercial" before "educational" in paragraph (1)(D) and by inserting before the semicolon at 76 Stat. 67. 81 STAT. 366 81 STAT. 367 the end of such paragraph ", or (ii) in the case of a project for radio facilities, a nonprofit foundation, corporation, or association which is organized primarily to engage in or encourage noncommercial educational radio broadcasting and is eligible to receive a license from the Federal Communications Commission; or meets the requirements of clause (i) and is also organized to engage in or encourage such radio broadcasting and is eligible for such a license for such a radio station"; (4) striking out "or" immediately preceding "(D)" in_paragraph (1), and by striking out the semicolon at the end of such paragraph and inserting in lieu thereof the following: ", or (E) a municipality which owns and operates a broadcasting facility transmitting only noncommercial programs;"; (5) striking out "television" in paragraphs (2), (3), and (4) of such subsection; (6) striking out "and" at the end of paragraph (3), striking out the period at the end of paragraph (4) and inserting in lieu thereof "; and", and inserting after paragraph (4) the following new paragraph: "(5) that, in the case of an application with respect to radio broadcasting facilities, there has been comprehensive planning for educational broadcasting facilities and services in the area the applicant proposes to serve and the applicant has participated in such planning, and the applicant will make the most efficient use of the frequency assignment." (c) Subsection (c) of such section is amended by inserting "(1)" after "(c)" and "noncommercial" before "educational television broadcasting facilities", and by inserting at the end thereof the following new paragraph: "(2) In order to assure proper coordination of construction of noncommercial educational radio broadcasting facilities within each State which has established a State educational radio agency, each applicant for a grant under this section for a project for construction of such facilities in such State, other than such agency, shall notify such agency of each application for such a grant which is submitted by it to the Secretary, and the Secretary shall advise such agency with respect to the disposition of each such application." (d) Subsection (d) of such section is amended by inserting "noncommercial" before "educational television" and inserting "or noncommercial educational radio broadcasting facilities, as the case may be," after "educational television broadcasting facilities" in clauses (2) and (3). (e) Subsection (f) of such section is amended by inserting "or radio" after "television" in the part thereof which precedes paragraph (1), by inserting "noncommercial" before "educational television purposes" in paragraph (2) thereof, and by inserting "or noncommercial educational radio purposes, as the case may be" after "educational television purposes" in such paragraph (2). (f) (1) Paragraph (2) of section 394 of such Act (47 U.S.C. 394) is amended by inserting "or educational radio broadcasting facilities" after "educational television broadcasting facilities," and by inserting "or radio broadcasting, as the case may be" after "necessary for television broadcasting". (2) Paragraph (4) of such section is amended by striking out "The term 'State educational television agency' means" and inserting in lieu thereof "The terms 'State educational television agency' and 'State educational radio agency' mean, with respect to television broadcasting and radio broadcasting, respectively," and by striking out "educational television" in clauses (A) and (C) and inserting in lieu thereof "such broadcasting". (g) Section 397 of such Act (47 U.S.C. 397) is amended by insert- 76 Stat. 67. ing "or radio" after "television" in clause (2). FEDERAL SHARE OF COST OF CONSTRUCTION SEC. 104. Subsection (e) of section 392 of the Communications Act of 1934 (47 U.S.C. 392(e)) is amended to read as follows: "(e) Upon approving any application under this section with respect to any project, the Secretary shall make a grant to the applicant in the amount determined by him, but not exceeding 75 per centum of the amount determined by the Secretary to be the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sum available therefor, in advance or by way of reimbursement, and in such installments consistent with construction progress, as he may determine." INCLUSION OF TERRITORIES SEC. 105. (a) Paragraph (1) of section 394 of the Communications Act of 1934 is amended by striking out "and" and inserting a comma in lieu thereof, and by inserting before the period at the end thereof ", the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands". (b) Paragraph (4) of such section is amended by inserting "and, in the case of the Trust Territory of the Pacific Islands, means the High Commissioner thereof" before the period at the end thereof. INCLUSION OF COSTS OF PLANNING SEC. 106. Paragraph (2) of section 394 of the Communications Act of 1934 is further amended by inserting at the end thereof the follow- 47 USC 394. ing: "In the case of apparatus the acquisition and installation of which is so included, such term also includes planning therefor." TITLE II-ESTABLISHMENT OF NONPROFIT EDUCA- SEC. 201. Part IV of title III of the Communications Act of 1934 76 Stat. 64. is further amended by— (1) inserting "SUBPART A-GRANTS FOR FACILITIES" immediately above the heading of section 390; (2) striking out "part" and inserting in lieu thereof "subpart" in sections 390, 393, 395, and 396; (3) redesignating section 397 as section 398, and redesignating section 394 as section 397 and inserting it before such section 398, and inserting immediately above its heading the following: "SUBPART C-GENERAL" (4) redesignating section 396 as section 394 and inserting it immediately after section 393; 47 USC 390-397. 81 STAT. 367 (5) inserting after "broadcasting" the first time it appears in 81 STAT. 358 clause (2) of the section of such part IV redesignated herein as section 398 ", or over the Corporation or any of its grantees or contractors, or over the charter or bylaws of the Corporation,”. "Corporation." "Nonoommercial educational ti on." (6) inserting in the section of such part IV herein redesignated as section 397 the following new paragraphs: "(6) The term 'Corporation' means the Corporation authorized to be established by subpart B of this part. "(7) The term 'noncommercial educational broadcast station' means a television or radio broadcast station, which (A) under the rules and broadcast sta- regulations of the Federal Communications Commission in effect on the date of enactment of the Public Broadcasting Act of 1967, is eligible to be licensed or is 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 educational purposes. "Interconneo tion." "Educational "(8) 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 noncommercial educational television or radio broadcast stations. "(9) The term 'educational television or radio programs' means protelevision or grams which are primarily designed for educational or cultural radio programs." 81 STAT. 368 81 STAT. 369 purposes." (7) striking out the heading of such part IV and inserting in lieu thereof the following: "PART IV-GRANTS FOR NONCOMMERCIAL EDUCATIONAL BROADCASTING FACILITIES; CORPORATION FOR PUBLIC BROADCASTING" (8) inserting immediately after the section herein redesignated as section 398 the following: "EDITORIALIZING AND SUPPORT OF POLITICAL CANDIDATES PROHIBITED "SEC. 399. No noncommercial educational broadcasting station may engage in editorializing or may support or oppose any candidate for political office." (9) inserting after section 395 the following new subpart: "SUBPART B-CORPORATION FOR PUBLIC BROADCASTING "Congressional Declaration of Policy "SEC. 396. (a) The Congress hereby finds and declares "(1) that it is in the public interest to encourage the growth and development of noncommercial educational radio and television broadcasting, including the use of such media for instructional purposes; "(2) that expansion and development of noncommercial educational radio and television broadcasting and of diversity of its programing depend on freedom, imagination, and initiative on both the local and national levels; "(3) that the encouragement and support of noncommercial educational radio and television broadcasting, while matters of importance for private and local development, are also of appropriate and important concern to the Federal Government; "(4) that it furthers the general welfare to encourage noncommercial educational radio and television broadcast programing which will be responsive to the interests of people both in particular localities and throughout the United States, and which will constitute an expression of diversity and excellence; 66 “(5) that it is necessary and appropriate for the Federal Government to complement, assist, and support a national policy that will most effectively make noncommercial educational radio and television service available to all the citizens of the United States; "(6) that a private corporation should be created to facilitate the development of educational radio and television broadcasting and to afford maximum protection to such broadcasting from extraneous interference and control. "Corporation Established "(b) There is authorized to be established a nonprofit corporation, to be known as the 'Corporation for Public Broadcasting, which will not be an agency or establishment of the United States Government. The Corporation shall be subject to the provisions of this section, and, to the extent consistent with this section, to the District of Columbia Nonprofit Corporation Act. "Board of Directors "(c) (1) The Corporation shall have a Board of Directors (hereinafter in this section referred to as the 'Board'), consisting of fifteen members appointed by the President, by and with the advice and consent of the Senate. Not more than eight members of the Board may be members of the same political party. "(2) The members of the Board (A) shall be selected from among citizens of the United States (not regular fulltime employees of the United States) who are eminent in such fields as education, cultural and civic affairs, or the arts, including radio and television; (B) shall be selected so as to provide as nearly as practicable a broad representation of various regions of the country, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Corporation. "(3) The members of the initial Board of Directors shall serve as incorporators and shall take whatever actions are necessary to establish the Corporation under the District of Columbia Nonprofit Corporation Act. 81 STAT. 369 76 Stat. 265. D. C. Code 29-1001. "(4) The term of office of each member of the Board shall be six Term of office. years; except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (B) the terms of office of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their appointment, five at the end of two years, five at the end of four years, and five at the end of six years. No member shall be eligible to serve in excess of two consecutive terms of six years each. Notwithstanding the preceding provisions of this paragraph, a member whose term has expired may serve until his successor has qualified. (5) Any vacancy in the Board shall not affect its power, but shall be filled in the manner in which the original appointments were made. "Election of Chairman; Compensation "(d) (1) The President shall designate one of the members first appointed to the Board as Chairman; thereafter the members of the Board shall annually elect one of their number as Chairman. The members of the Board shall also elect one or more of them as a Vice Chairman or Vice Chairmen. |