9. EDUCATIONAL BROADCASTING-TITLE III, PART IV Title III, part IV of the Communications Act of 1934 was enacted on AN ACT To amend the Communications Act of 1934 to establish a program of Federal matching grants for the construction of television broadcasting facilities to be used for educational purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, PART IV-GRANTS FOR NONCOMMERCIAL EDUCATIONAL BROAD- Subpart A-Grants for Facilities DECLARATION OF PURPOSE 81 Stat. 365. SEC. 390. The purpose of this subpart is to assist (through 47 U.S.C. 390. matching grants) in the construction of noncommercial educational television or radio broadcasting facilities. AUTHORIZATION OF APPROPRIATIONS SEC. 391. There are authorized to be appropriated for the 47 U.S.C. 391. fiscal year ending June 30, 1963, and each of the four succeeding fiscal years such sums, not exceeding $32,000,000 in the aggregate, as may be necessary to carry out the purposes of section 390. There are also authorized to be appropriated for 81 Stat. 365. 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. Sums appropriated pursuant to this section shall remain available for payment of grants for projects for which applications, approved under section 392, have been submitted under such section prior to July 1, 1971. GRANTS FOR CONSTRUCTION "SEC. 392. (a) For each project for the construction of non- 49 U.S.C. 392. commercial educational television or radio broadcasting facil ities there shall be submitted to the Secretary an application. 81 Stat. 365. 81 Stat. 366. 81Stat. 366. 81 Stat. 365. for a grant containing such information with respect to such project as the Secretary may by regulation require, including the total cost of such project and the amount of the Federal grant requested for such project, and providing assurance satisfactory to the Secretary "(1) that the applicant is (A) an agency or officer responsible for the supervision of public elementary or secondary education or public higher education within that State, or within a political subdivision thereof, (B) in the case of a project for television facilities, the State noncommercial educational television agency or, in the case of a project for radio facilities, the State educational radio agency, (C) a college or university deriving its support in whole or in part from tax revenues, (D) (i) in the case of a project for television facilities a nonprofit foundation, corporation, or association which is organized primarily to engage in or encourage noncommercial educational television broadcasting and is eligible to receive a license from the Federal Communications Commission for a noncommercial educational television broadcasting station pursuant to the rules and regulations of the Commission in effect on April 12, 1962 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, or (E) a municipality which owns and operates a broadcasting facility transmitting only noncommercial programs; (2) that the operation of such educational broadcasting facilities will be under the control of the applicant or a person qualified under paragraph (1) to be such an applicant; (3) that necessary funds to construct, operate, and maintain such educational broadcasting facilities will be available when needed; (4) that such broadcasting facilities will be used only for educational purposes; and (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. (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 8%1⁄2 per centum of such appropriation.1 1 By section 102 of P.L. 90-129, the revision of subsection (b) of section 392 shall be effective with respect to grants made from appropriations for any fiscal year beginning after June 30, 1967. (c) (1) In order to assure proper coordination of construction of noncommercial educational television broadcasting facilities within each State which has established a State educational television 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. (2) In order to assure proper coordination of construction 81 Stat. 366. 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) The Secretary shall base his determinations of whether to approve applications for grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (1) prompt and effective use of all noncommercial educational television channels remaining avail- 81 Stat. 300. able, (2) equitable geographical distribution of noncommercial educational television broadcasting facilities or noncommercial educational broadcasting facilities, as the case may be, throughout the States, and (3) provision of noncommercial educational television broadcasting facilities or noncommercial educational radio broadcasting facilities, as the case may be, which will serve the greatest number of persons and serve them in as many areas as possible, and which are adaptable to the broadest educational uses. (e) Upon approving any application under this section with 81 Stat. 367. 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 installnents consistent with construction progress, as he may deter nine. (f) If, within ten years after completion of any project for construction of educational television or radio broadcasting acilities with respect to which a grant has been made under his section (1) the applicant or other owner of such facilities ceases to be an agency, officer, institution, foundation, corporation, or association described in subsection (a) (1), or (2) such facilities cease to be used for noncommercial educational television purposes or noncommercial educational radio purposes, as the case may be, (unless the 47 U.S.C. 393. Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation so to do), the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated) of such facilities, as the amount of the Federal participation bore to the cost of construction of such facilities. RECORDS SEC. 393. (a) Each recipient of assistance under this subpart shall keep such records as may be reasonably necessary to enable the Secretary to carry out his functions under this subpart, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this subpart. RULES AND REGULATIONS SEC. 394. The Secretary is authorized to make such rules and regulations as may be necessary to carry out this subpart, including regulations relating to the order of priority in approving applications for projects under section 392 or to determining the amounts of grants for such projects. PROVISION OF ASSISTANCE BY FEDERAL COMMUNICATIONS COMMISSION SEC. 395. The Federal Communications Commission is authorized to provide such assistance in carrying out the provisions of this subpart as may be requested by the Secretary. The Secretary shall provide for consultation and close cooperation with the Federal Communications Commission in the administration of his functions under this subpart which are of interest to or affect the functions of the Commission. ***By the provisions of the Public Broadcasting Act of 1967, P.L. 90-129, former section 394 has been redesignated as section 397, former section 396 has been redesignated section 394, former section 397 has been redesignated section 398 and a new section 396 has been added. In view of possible changes in United States Code section numbers to reflect such redesignations and additions, Code citations have been omitted for the remainder of this Act. SUBPART B-CORPORATION FOR PUBLIC BROADCASTING Congressional Declaration of Policy SEC. 396. (a) The Congress hereby finds and declares- (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; (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 81 Stat. 368. (b) There is authorized to be established a nonprofit corportion, 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 ›rovisions of this section, and, to the extent consistent with his section, to the District of Columbia Nonprofit Corporation D.C. Code 29-1001. Act. Board of Directors (c) (1) The Corporation shall have a Board of Directors hereinafter in this section referred to as the "Board"), consisting f fifteen members appointed by the President, by and with he advice and consent of the Senate. Not more than eight embers of the Board may be members of the same political arty. (2) The members of the Board (A) shall be selected from mong citizens of the United States (not regular fulltime emloyees of the United States) who are eminent in such fields s education, cultural and civic affairs, or the arts, including |