Page:United States Statutes at Large Volume 81.djvu/400

 366

76 Stat. 65. 47 USC 392.

PUBLIC LAW 90-129-NOV. 7, 1967

[81 STAT.

the State noncommercial educational television agency or, in the 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 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 encourag;e 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) I n 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".

�