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U.S. Code as of:
01/19/04
Section 154. Federal Communications Commission
(a) Number of commissioners; appointment
The Federal Communications Commission (in this chapter referred
to as the "Commission") shall be composed of five commissioners
appointed by the President, by and with the advice and consent of
the Senate, one of whom the President shall designate as chairman.
(b) Qualifications
(1) Each member of the Commission shall be a citizen of the
United States.
(2)(A) No member of the Commission or person employed by the
Commission shall -
(i) be financially interested in any company or other entity
engaged in the manufacture or sale of telecommunications
equipment which is subject to regulation by the Commission;
(ii) be financially interested in any company or other entity
engaged in the business of communication by wire or radio or in
the use of the electromagnetic spectrum;
(iii) be financially interested in any company or other entity
which controls any company or other entity specified in clause
(i) or clause (ii), or which derives a significant portion of its
total income from ownership of stocks, bonds, or other securities
of any such company or other entity; or
(iv) be employed by, hold any official relation to, or own any
stocks, bonds, or other securities of, any person significantly
regulated by the Commission under this chapter;
except that the prohibitions established in this subparagraph shall
apply only to financial interests in any company or other entity
which has a significant interest in communications, manufacturing,
or sales activities which are subject to regulation by the
Commission.
(B)(i) The Commission shall have authority to waive, from time to
time, the application of the prohibitions established in
subparagraph (A) to persons employed by the Commission if the
Commission determines that the financial interests of a person
which are involved in a particular case are minimal, except that
such waiver authority shall be subject to the provisions of section
208 of title 18. The waiver authority established in this
subparagraph shall not apply with respect to members of the
Commission.
(ii) In any case in which the Commission exercises the waiver
authority established in this subparagraph, the Commission shall
publish notice of such action in the Federal Register and shall
furnish notice of such action to the appropriate committees of each
House of the Congress. Each such notice shall include information
regarding the identity of the person receiving the waiver, the
position held by such person, and the nature of the financial
interests which are the subject of the waiver.
(3) The Commission, in determining whether a company or other
entity has a significant interest in communications, manufacturing,
or sales activities which are subject to regulation by the
Commission, shall consider (without excluding other relevant
factors) -
(A) the revenues, investments, profits, and managerial efforts
directed to the related communications, manufacturing, or sales
activities of the company or other entity involved, as compared
to the other aspects of the business of such company or other
entity;
(B) the extent to which the Commission regulates and oversees
the activities of such company or other entity;
(C) the degree to which the economic interests of such company
or other entity may be affected by any action of the Commission;
and
(D) the perceptions held by the public regarding the business
activities of such company or other entity.
(4) Members of the Commission shall not engage in any other
business, vocation, profession, or employment while serving as such
members.
(5) The maximum number of commissioners who may be members of the
same political party shall be a number equal to the least number of
commissioners which constitutes a majority of the full membership
of the Commission.
(c) Terms of office; vacancies
commissioners (!1) shall be appointed for terms of five years and
until their successors are appointed and have been confirmed and
taken the oath of office, except that they shall not continue to
serve beyond the expiration of the next session of Congress
subsequent to the expiration of said fixed term of office; except
that any person chosen to fill a vacancy shall be appointed only
for the unexpired term of the commissioner whom he succeeds. No
vacancy in the Commission shall impair the right of the remaining
commissioners to exercise all the powers of the Commission.
(d) Compensation of Commission members
Each Commissioner shall receive an annual salary at the annual
rate payable from time to time for level IV of the Executive
Schedule, payable in monthly installments. The Chairman of the
Commission, during the period of his service as Chairman, shall
receive an annual salary at the annual rate payable from time to
time for level III of the Executive Schedule.
(e) Principal office; special sessions
The principal office of the Commission shall be in the District
of Columbia, where its general sessions shall be held; but whenever
the convenience of the public or of the parties may be promoted or
delay or expense prevented thereby, the Commission may hold special
sessions in any part of the United States.
(f) Employees and assistants; compensation of members of Field
Engineering and Monitoring Bureau; use of amateur volunteers for
certain purposes; commercial radio operator examinations
(1) The Commission shall have authority, subject to the
provisions of the civil-service laws and chapter 51 and subchapter
III of chapter 53 of title 5, to appoint such officers, engineers,
accountants, attorneys, inspectors, examiners, and other employees
as are necessary in the exercise of its functions.
(2) Without regard to the civil-service laws, but subject to
chapter 51 and subchapter III of chapter 53 of title 5, each
commissioner may appoint three professional assistants and a
secretary, each of whom shall perform such duties as such
commissioner shall direct. In addition, the chairman of the
Commission may appoint, without regard to the civil-service laws,
but subject to chapter 51 and subchapter III of chapter 53 of title
5, and administrative assistant who shall perform such duties as
the chairman shall direct.
(3) The Commission shall fix a reasonable rate of extra
compensation for overtime services of engineers in charge and radio
engineers of the Field Engineering and Monitoring Bureau of the
Federal Communications Commission, who may be required to remain on
duty between the hours of 5 o'clock postmeridian and 8 o'clock
antemeridian or on Sundays or holidays to perform services in
connection with the inspection of ship radio equipment and
apparatus for the purposes of part II of subchapter III of this
chapter or the Great Lakes Agreement, on the basis of one-half
day's additional pay for each two hours or fraction thereof of at
least one hour that the overtime extends beyond 5 o'clock
postmeridian (but not to exceed two and one-half days' pay for the
full period from 5 o'clock postmeridian to 8 o'clock antemeridian)
and two additional days' pay for Sunday or holiday duty. The said
extra compensation for overtime services shall be paid by the
master, owner, or agent of such vessel to the local United States
collector of customs or his representative, who shall deposit such
collection into the Treasury of the United States to an
appropriately designated receipt account: Provided, That the
amounts of such collections received by the said collector of
customs or his representatives shall be covered into the Treasury
as miscellaneous receipts; and the payments of such extra
compensation to the several employees entitled thereto shall be
made from the annual appropriations for salaries and expenses of
the Commission: Provided further, That to the extent that the
annual appropriations which are authorized to be made from the
general fund of the Treasury are insufficient, there are authorized
to be appropriated from the general fund of the Treasury such
additional amounts as may be necessary to the extent that the
amounts of such receipts are in excess of the amounts appropriated:
Provided further, That such extra compensation shall be paid if
such field employees have been ordered to report for duty and have
so reported whether the actual inspection of the radio equipment or
apparatus takes place or not: And provided further, That in those
ports where customary working hours are other than those
hereinabove mentioned, the engineers in charge are vested with
authority to regulate the hours of such employees so as to agree
with prevailing working hours in said ports where inspections are
to be made, but nothing contained in this proviso shall be
construed in any manner to alter the length of a working day for
the engineers in charge and radio engineers or the overtime pay
herein fixed: and Provided further, That, in the alternative, an
entity designated by the Commission may make the inspections
referred to in this paragraph.
(4)(A) The Commission, for purposes of preparing or administering
any examination for an amateur station operator license, may accept
and employ the voluntary and uncompensated services of any
individual who holds an amateur station operator license of a
higher class than the class of license for which the examination is
being prepared or administered. In the case of examinations for the
highest class of amateur station operator license, the Commission
may accept and employ such services of any individual who holds
such class of license.
(B)(i) The Commission, for purposes of monitoring violations of
any provision of this chapter (and of any regulation prescribed by
the Commission under this chapter) relating to the amateur radio
service, may -
(I) recruit and train any individual licensed by the Commission
to operate an amateur station; and
(II) accept and employ the voluntary and uncompensated services
of such individual.
(ii) The Commission, for purposes of recruiting and training
individuals under clause (i) and for purposes of screening,
annotating, and summarizing violation reports referred under clause
(i), may accept and employ the voluntary and uncompensated services
of any amateur station operator organization.
(iii) The functions of individuals recruited and trained under
this subparagraph shall be limited to -
(I) the detection of improper amateur radio transmissions;
(II) the conveyance to Commission personnel of information
which is essential to the enforcement of this chapter (or
regulations prescribed by the Commission under this chapter)
relating to the amateur radio service; and
(III) issuing advisory notices, under the general direction of
the Commission, to persons who apparently have violated any
provision of this chapter (or regulations prescribed by the
Commission under this chapter) relating to the amateur radio
service.
Nothing in this clause shall be construed to grant individuals
recruited and trained under this subparagraph any authority to
issue sanctions to violators or to take any enforcement action
other than any action which the Commission may prescribe by rule.
(C)(i) The Commission, for purposes of monitoring violations of
any provision of this chapter (and of any regulation prescribed by
the Commission under this chapter) relating to the citizens band
radio service, may -
(I) recruit and train any citizens band radio operator; and
(II) accept and employ the voluntary and uncompensated services
of such operator.
(ii) The Commission, for purposes of recruiting and training
individuals under clause (i) and for purposes of screening,
annotating, and summarizing violation reports referred under clause
(i), may accept and employ the voluntary and uncompensated services
of any citizens band radio operator organization. The Commission,
in accepting and employing services of individuals under this
subparagraph, shall seek to achieve a broad representation of
individuals and organizations interested in citizens band radio
operation.
(iii) The functions of individuals recruited and trained under
this subparagraph shall be limited to -
(I) the detection of improper citizens band radio
transmissions;
(II) the conveyance to Commission personnel of information
which is essential to the enforcement of this chapter (or
regulations prescribed by the Commission under this chapter)
relating to the citizens band radio service; and
(III) issuing advisory notices, under the general direction of
the Commission, to persons who apparently have violated any
provision of this chapter (or regulations prescribed by the
Commission under this chapter) relating to the citizens band
radio service.
Nothing in this clause shall be construed to grant individuals
recruited and trained under this subparagraph any authority to
issue sanctions to violators or to take any enforcement action
other than any action which the Commission may prescribe by rule.
(D) The Commission shall have the authority to endorse
certification of individuals to perform transmitter installation,
operation, maintenance, and repair duties in the private land
mobile services and fixed services (as defined by the Commission by
rule) if such certification programs are conducted by organizations
or committees which are representative of the users in those
services and which consist of individuals who are not officers or
employees of the Federal Government.
(E) The authority of the Commission established in this paragraph
shall not be subject to or affected by the provisions of part III
of title 5 or section 1342 of title 31.
(F) Any person who provides services under this paragraph shall
not be considered, by reason of having provided such services, a
Federal employee.
(G) The Commission, in accepting and employing services of
individuals under subparagraphs (A) and (B), shall seek to achieve
a broad representation of individuals and organizations interested
in amateur station operation.
(H) The Commission may establish rules of conduct and other
regulations governing the service of individuals under this
paragraph.
(I) With respect to the acceptance of voluntary uncompensated
services for the preparation, processing, or administration of
examinations for amateur station operator licenses pursuant to
subparagraph (A) of this paragraph, individuals, or organizations
which provide or coordinate such authorized volunteer services may
recover from examinees reimbursement for out-of-pocket costs.
(5)(A) The Commission, for purposes of preparing and
administering any examination for a commercial radio operator
license or endorsement, may accept and employ the services of
persons that the Commission determines to be qualified. Any person
so employed may not receive compensation for such services, but may
recover from examinees such fees as the Commission permits,
considering such factors as public service and cost estimates
submitted by such person.
(B) The Commission may prescribe regulations to select, oversee,
sanction, and dismiss any person authorized under this paragraph to
be employed by the Commission.
(C) Any person who provides services under this paragraph or who
provides goods in connection with such services shall not, by
reason of having provided such service or goods, be considered a
Federal or special government employee.
(g) Expenditures
(1) The Commission may make such expenditures (including
expenditures for rent and personal services at the seat of
government and elsewhere, for office supplies, law books,
periodicals, and books of reference, for printing and binding, for
land for use as sites for radio monitoring stations and related
facilities, including living quarters where necessary in remote
areas, for the construction of such stations and facilities, and
for the improvement, furnishing, equipping, and repairing of such
stations and facilities and of laboratories and other related
facilities (including construction of minor subsidiary buildings
and structures not exceeding $25,000 in any one instance) used in
connection with technical research activities), as may be necessary
for the execution of the functions vested in the Commission and as
may be appropriated for by the Congress in accordance with the
authorizations of appropriations established in section 156 of this
title. All expenditures of the Commission, including all necessary
expenses for transportation incurred by the commissioners or by
their employees, under their orders, in making any investigation or
upon any official business in any other places than in the city of
Washington, shall be allowed and paid on the presentation of
itemized vouchers therefor approved by the chairman of the
Commission or by such other member or officer thereof as may be
designated by the Commission for that purpose.
(2)(A) If -
(i) the necessary expenses specified in the last sentence of
paragraph (1) have been incurred for the purpose of enabling
commissioners or employees of the Commission to attend and
participate in any convention, conference, or meeting;
(ii) such attendance and participation are in furtherance of
the functions of the Commission; and
(iii) such attendance and participation are requested by the
person sponsoring such convention, conference, or meeting;
then the Commission shall have authority to accept direct
reimbursement from such sponsor for such necessary expenses.
(B) The total amount of unreimbursed expenditures made by the
Commission for travel for any fiscal year, together with the total
amount of reimbursements which the Commission accepts under
subparagraph (A) for such fiscal year, shall not exceed the level
of travel expenses appropriated to the Commission for such fiscal
year.
(C) The Commission shall submit to the appropriate committees of
the Congress, and publish in the Federal Register, quarterly
reports specifying reimbursements which the Commission has accepted
under this paragraph.
(D) The provisions of this paragraph shall cease to have any
force or effect at the end of fiscal year 1994.
(E) Funds which are received by the Commission as reimbursements
under the provisions of this paragraph after the close of a fiscal
year shall remain available for obligation.
(3)(A) Notwithstanding any other provision of law, in furtherance
of its functions the Commission is authorized to accept, hold,
administer, and use unconditional gifts, donations, and bequests of
real, personal, and other property (including voluntary and
uncompensated services, as authorized by section 3109 of title 5).
(B) The Commission, for purposes of providing radio club and
military-recreational call signs, may utilize the voluntary,
uncompensated, and unreimbursed services of amateur radio
organizations authorized by the Commission that have tax-exempt
status under section 501(c)(3) of title 26.
(C) For the purpose of Federal law on income taxes, estate taxes,
and gift taxes, property or services accepted under the authority
of subparagraph (A) shall be deemed to be a gift, bequest, or
devise to the United States.
(D) The Commission shall promulgate regulations to carry out the
provisions of this paragraph. Such regulations shall include
provisions to preclude the acceptance of any gift, bequest, or
donation that would create a conflict of interest or the appearance
of a conflict of interest.
(h) Quorum; seal
Three members of the Commission shall constitute a quorum
thereof. The Commission shall have an official seal which shall be
judicially noticed.
(i) Duties and powers
The Commission may perform any and all acts, make such rules and
regulations, and issue such orders, not inconsistent with this
chapter, as may be necessary in the execution of its functions.
(j) Conduct of proceedings; hearings
The Commission may conduct its proceedings in such manner as will
best conduce to the proper dispatch of business and to the ends of
justice. No commissioner shall participate in any hearing or
proceeding in which he has a pecuniary interest. Any party may
appear before the Commission and be heard in person or by attorney.
Every vote and official act of the Commission shall be entered of
record, and its proceedings shall be public upon the request of any
party interested. The Commission is authorized to withhold
publication of records or proceedings containing secret information
affecting the national defense.
(k) Annual reports to Congress
The Commission shall make an annual report to Congress, copies of
which shall be distributed as are other reports transmitted to
Congress. Such reports shall contain -
(1) such information and data collected by the Commission as
may be considered of value in the determination of questions
connected with the regulation of interstate and foreign wire and
radio communication and radio transmission of energy;
(2) such information and data concerning the functioning of the
Commission as will be of value to Congress in appraising the
amount and character of the work and accomplishments of the
Commission and the adequacy of its staff and equipment;
(3) an itemized statement of all funds expended during the
preceding year by the Commission, of the sources of such funds,
and of the authority in this chapter or elsewhere under which
such expenditures were made; and
(4) specific recommendations to Congress as to additional
legislation which the Commission deems necessary or desirable,
including all legislative proposals submitted for approval to the
Director of the Office of Management and Budget.
(l) Record of reports
All reports of investigations made by the Commission shall be
entered of record, and a copy thereof shall be furnished to the
party who may have complained, and to any common carrier or
licensee that may have been complained of.
(m) Publication of reports; admissibility as evidence
The Commission shall provide for the publication of its reports
and decisions in such form and manner as may be best adapted for
public information and use, and such authorized publications shall
be competent evidence of the reports and decisions of the
Commission therein contained in all courts of the United States and
of the several States without any further proof or authentication
thereof.
(n) Compensation of appointees
Rates of compensation of persons appointed under this section
shall be subject to the reduction applicable to officers and
employees of the Federal Government generally.
(o) Use of communications in safety of life and property
For the purpose of obtaining maximum effectiveness from the use
of radio and wire communications in connection with safety of life
and property, the Commission shall investigate and study all phases
of the problem and the best methods of obtaining the cooperation
and coordination of these systems.
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