Page:United States Statutes at Large Volume 92 Part 2.djvu/1142

 92 STAT. 2422

PUBLIC LAW 95-567—NOV. 2, 1978 TITLE IV—MISCELLANEOUS PROVISIONS; EFFECTIVE DATE DEFINITIONS

47 USC 397.

SEC. 401. Section 397 of the Communications Act of 1934 is amended to read as follows: ((DEFINITIONS "SEC. 397. For the purposes of this part— "(1) The term 'construction' (as applied to public telecommunications facilities) means acquisition (including acquisition by lease), installation, and modernization of public telecommunications facilities and planning and preparatory steps incidental to any such acquisition, installation, or modernization. "(2) The term 'Corporation' means the Corporation for Public Broadcasting authorized to be established in subpart C. "(3) The term 'interconnection' means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to public telecommunications entities. "(4) The term 'interconnection system' means any system of interconnection facilities used for the distribution of programs to public telecommunications entities. "(5) The term 'meeting' means the deliberations of at least the number of members of a governing or advisory body, or any committee thereof, required to take action on behalf of such body or committee where such deliberations determine or result in the joint conduct or disposition of the governing or advisory body's business, or the committee's business, as the case may be, but only to the extent that such deliberations relate to public broadcasting. "(6) The terms 'noncommercial educational broadcast station' and 'public broadcast station' mean a television or radio broadcast station which— " (A) under the rules and regulations of the Commission in effect on the effective date of this paragraph, is eligible to be licensed by the Commission as a noncommercial educational radio or tele„ vision broadcast station and which is owned and operated by a public agency or nonprofit private foundation, corporation, or _^,; association; or " (B) is owned and operated by a municipality and which transmits only noncommercial programs for education purposes. "(7) The term 'noncommercial telecommunications entity' means any enterprise which— "(A) is owned and operated by a State, a political or special purpose subdivision of a State, a public agency, or a nonprofit private foundation, corporation, or association; and "(B) has been organized primarily for the purpose of disseminating audio or video noncommercial educational and cultural programs to the public by means other than a primary ^' television or radio broadcast station, including, but not limited to, coaxial cable, optical fiber, broadcast translators, cassettes, discs, microwave, or laser transmission through the atmosphere. "(8) The term 'nonprofit' (as applied to any foundation, corporation, or association) means a foundation, corporation, or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

�