Washington report (May 1962)

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Vol. Ill, No. 7 DuPont Circle Bldg., Washington 6, D.C. May 11, 1962 ANALYSIS OF PART IV OF COMMUNICATIONS ACT — ADOPTED MAY 1, 1962 The following brief analysis has been prepared to outline the fundamental provisions of the recent legislation amending the Communications Act of 1934 to pro¬ vide for Federal grants to assist in the construction of educational television sta¬ tions. Some provisions will be interpreted by the Health, Education and Welfare Department on a case to case basis, and the statements which follow are general ex¬ pressions based upon the legislative history of the Bill. This interpretation has been prepared by Leonard H. Marks, as General Counsel of the NAEB, who was closely identified with the legislation for the past seven years. For convenience, the interpretation has been put in question and answer form to de¬ velop the principal areas involved and to anticipate the inquiries that might nor¬ mally be made by those who are totally unfamiliar with the legislation. The text of the legislation has been reproduced as an appendix to this analysis. Q. What is the purpose of Part IV of the Communications Act as adopted by the Congress in 1962? A. To assist through matching grants in the construction of educational television broadcasting facilities. The clear legislative intent is to encourage the development of the 273 reserved educational channels of which 63 are now in use. Q. What is the maximum amount available to any one applicant? A. There is a limit of $1,000,000 to applicants in any state to be matched by an equal amount by the applicant. Although any one applicant could qualify for the total sum, it is unlikely that the Health, Education and Welfare Department would award this sum to a single school, university or community group. However, if a plan were presented for the coverage of an entire state, it is possible that a single award could'be made for the maximum amount. Q. Who is qualified to apply? A. The bill provides in Section 392 that an applicant can be: (A) an agency or officer responsible for the supervision of public elementary or secondary educa¬ tion or public higher education within that State, or within a political subdivision thereof, (B) the State educational television agency, (C), a college or university de¬ riving its support in whole or in part from tax revenues, or (D) a nonprofit founda¬ tion, corporation, or association which is organized primarily to engage in or en¬ courage educational television broadcasting and is eligible to receive a license from the Federal Communications Commission for a non-commercial educational television broadcasting station pursuant to the rules and regulations of the Commission in ef¬ fect on April 12, 1962. Q. Does this permit a private college or university to apply? A. Yes, if it derives its support in part from tax revenues. It can also participate as a member of a nonprofit community group as defined in Sec. 392(d).