Page:United States Statutes at Large Volume 92 Part 1.djvu/89

 PUBLIC LAW 95-234—FEB. 21, 1978

92 STAT. 35

whichever is earlier so long as such violation occurred within 3 years prior to the date of issuance of such required notice; or "(B) such person does not hold a broadcast station license issued under title III of this Act and if the violation charged 47 USC 301. occurred more than 1 year prior to the date of issuance of the required notice or notice of apparent liability.". SEC. 3. (a) The first sentence of section 504(a) of the Communications Act of 1934 (47 U.S.C. 504(a)) is amended by inserting immediately after "recoverable" the following: ", except as otherwise provided with respect to a forfeiture penalty determined under sec47 USC 503. tion 503(b)(3) of this Act,". (b) Section 504(b) of such Act is amended (1) by striking out "parts II and III of title III and section 503(b), section 607, and section 510" and inserting in lieu thereof "title II, parts II and III of 47 USC 351, title III, and sections 503(b) and 507"; and (2) by striking out ", 381, 503, 507, 510. upon application therefor,". SEC. 4. Section 510 of the Communications Act of 1934 (47 U.S.C. 47 USC 201, 351, 381, 503, 510) is repealed in its entirety. 507. SEC. 5. Section 2(b) of the Communications Act of 1934 (47 U.S.C. Repeal. 152(b)) is amended by striking the word "Subject" and inserting in lieu thereof the following "Except as provided in section 224 and ^"Z™subject". SEC. 6. Title II of the Communications Act of 1934 is amended by adding at the end thereof the following new section: n-

REGULATIONS OF POLE ATTACHMENTS

"SEC. 224. (a) As used in this section: "(1) The term 'utility' means any person whose rates or charges are regulated by the Federal Government or a State and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for wire communication. Such term does not include any railroad, any person who is cooperatively organized, or any person owned by the Federal Government or any State. "(2) The term 'Federal Government' means the Government of the United States or any agency or instrumentality thereof. "(3) The term 'State' means any State, territory, or possession of the United States, the District of Columbia, or any political subdivision, agency, or instrumentality thereof. "(4) The term 'pole attachment' means any attiachment by a cable television system to a pole, duct, conduit, or right-of-way owned or controlled by a utility. "(b)(1) Subject to the provisions of subsection (c) of this section. the Commission shall regulate the rates, terms, and conditions for pole attachments to provide that such rates, terms, and conditions are ]ust and reasonable, and shall adopt procedures necessary and appropriate to hear and resolve complaints concerning such rates, terms, and conditions. For purposes of enforcing any determinations resulting from complaint procedures established pursuant to this subsection, the Commission shall take such action as it deems appropriate and necessary, including issuing cease and desist orders, as authorized by section 312(b) of title III of the Communications Act of 1934, as amended. "(2) Within 180 days from the date of enactment of this section the Commission shall prescribe by rule regulations to carry out the provisions of this section.

Definitions. 47 USC 224.

Enforcement,

47 USC 312. Regulations.

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