Page:United States Statutes at Large Volume 96 Part 1.djvu/1136

 96 STAT. 1094

PUBLIC LAW 97-259—SEPT. 13, 1982

appears therein the following: ", or which the Commission by rule has authorized to operate without a license under section 307(e)(l),". AUTHORIZATION OF TEMPORARY OPERATIONS

SEC. 114. Section 309(f) of the Communications Act of 1934 (47 U.S.C. 309(0) is amended— (1) by striking out "emergency" each place it appears therein and inserting in lieu thereof "temporary'; (2) by striking out "one additional period" and inserting in lieu thereof "additional periods"; and (3) by striking out "ninety days" and inserting in lieu thereof "180 days". RANDOM SELECTION SYSTEM FOR CERTAIN UCENSES AND PERMITS

95 Stat. 736.

Hearing.

SEC. 115. (a) Section 309(i)(l) of the Communications Act of 1934 (47 U.S.C. 309(1)(1)) is amended— (1) by striking out "applicant" the first place it appears therein and inserting in lieu thereof "application"; and (2) by striking out "the qualifications of each such applicant under section 308(b)" and inserting in lieu thereof "that each such application is acceptable for filing". (b) Section 309(i)(2) of the Communications Act of 1934 (47 U.S.C. 309(i)(2)) is amended to read as follows: "(2) No license or construction permit shall be granted to an applicant selected pursuant to paragraph (1) unless the Commission determines the qualifications of such applicant pursuant to subsection (a) and section 3080t)). When substantial and material questions of fact exist concerning such qualifications, the Commission shall conduct a hearing in order to make such determinations. For the purpose of making such determinations, the Commission may, by rule, and notwithstanding any other provision of law— "(A) adopt procedures for the submission of all or part of the evidence in written form; "(B) delegate the function of presiding at the taking of written evidence to Commission employees other than administrative law judges; and "(C) omit the determination required by subsection (a) with respect to any application other than the one selected pursuant to paragraph (1).. (c)(1) Section 309(i)(3)(A) of the Communications Act of 1934 (47 U.S.C. 309(i)(3)(A)) is amended by striking out ", groups" the first place it appears therein, and all that follows through the end thereof, and inserting in lieu thereof the following: "used for granting licenses or construction permits for any media of mass communications, significant preferences will be granted to applicants or groups of applicants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To further diversify the ownership of the media of mass communications, an additional significant preference shall be granted to any applicant controlled by a member or members of a minority group.". (2) Section 309(i)(3) of the Communications Act of 1934 (47 U.S.C. 309(i)(3)) is amended by adding at the end thereof the following new subparagraph: "(C) For purposes of this paragraph:

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