§ 1465bb. — Television broadcasting to Cuba.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
