All 66 Stat. 62. (b) To accept in exchange therefor for the United States of America all right, title, and interest of the State of Oregon in and to a parcel of land lying in lot 5, block 1, Springwater Acreage, in section 25, township 1 north, range 2 east, Willamette meridian, Multnomah County, Oregon, and being that portion of said lot 5 lying west of the north and south center line of section 25, lying east of a line parallel to and sixty feet east of the center line of Northeast One Hundred and Forty-eighth Avenue and lying south of the southerly right-of-way line of the T. H. Banfield Expressway which rightof-way line is parallel to and one hundred feet southerly of the center line of said highway; said parcel being more particularly described as follows: Beginning at the intersection of the south line of said lot 5 and the north and south center line of section 25; thence north along the north and south center line of section 25, ninety feet, more or less, to the southerly right-of-way line of said highway; thence westerly on said right-of-way line as follows: On a 5,829.58-foot radius curve left (the long chord of which bears north eighty-two degrees twenty-four minutes fifteen seconds west) two hundred twenty-six and thirty-eight one-hundredths feet, on a spiral curve left (the long chord of which bears north seventy-nine degrees fifty-seven minutes thirty seconds west) four hundred three and forty-nine one-hundredths feet, and north seventy-nine degrees seventeen minutes thirty seconds west three hundred forty-six and seventeen one-hundredths feet to a line which is parallel to and sixty feet easterly of the center line of Northeast One Hundred and Forty-eighth Avenue; thence south parallel to said center line of Northeast One Hundred and Forty-eighth Avenue two hundred and thirty-nine feet, more or less to the south line of lot 5; thence east along said south line to the point of beginning; containing three and fifty-four one-hundredths acres. Approved April 15, 1952. Chapter 879 - 2d Session AN ACT To further amend the Communications Act of 1934. All 66 Stat. 711. may Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act Communications be cited as the "Communications Act Amendments, 1952". SEC. 2. Section 3 of such Act is amended by adding after paragraph (aa) the following: Act Amendments, 1952. 48 Stat.1065. 47 U.S.C. "(bb) 'Station license', 'radio station license', or 'license' means that & 153. instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act, for the use or operation of apparatus for transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission. "(cc) 'Broadcast station', 'broadcasting station', or 'radio broadcast station' means a radio station equipped to engage in broadcasting as herein defined. "(dd) Construction permit' or 'permit for construction' means that instrument of authorization required by this Act or the rules and regulations of the Commission made pursuant to this Act for the construction of a station, or the installation of apparatus, for the transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission." SEC. 3. (a) Subsection (b) of section 4 of such Act is amended by 47 U.S.C. striking out the last two sentences thereof and inserting in lieu of such § 154. sentences the following: "Such commissioners shall not engage in any Commissioners. other business, vocation, profession, or employment; but this shall not Restriction. apply to the presentation or delivery of publications or papers for which a reasonable honorarium or compensation may be accepted. Any such commissioner serving as such after one year from the date of enactment of the Communications Act Amendments, 1952, shall not for a period of one year following the termination of his services as a commissioner represent any person before the Commission in a professional capacity, except that this restriction shall not apply to any commissioner who has served the full term for which he was appointed. Not more than four members of the Commission shall be members of the same political party." (b) Paragraph (2) of subsection (f) of section 4 of such Act is amended by striking out "(2)" and inserting in lieu thereof "(3)"; and such subsection (f) is further amended by striking out paragraph (1) thereof and inserting in lieu of such paragraph the following paragraphs: 63 Stat. 954. "(f) (1) The Commission shall have authority, subject to the pro- Employees; visions of the civil-service laws and the Classification Act of 1949, appointment. as amended, to appoint such officers, engineers, accountants, attorneys, 5 U.S.C. inspectors, examiners, and other employees as are necessary in the exercise of its functions. "(2) Without regard to the civil-service laws, but subject to the Classification Act of 1949, each commissioner may appoint a legal assistant, an engineering assistant, and a secretary, each of whom shall perform such duties as such commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an administrative assistant who shall perform such duties as the chairman shall direct." § 1071 note. (c) The first sentence of subsection (g) of section 4 of such Act is amended to read as follows: "The Commission may make such expendi- Expenditures. tures (including expenditures for rent and personal services at the All 66 Stat. 712. 47 U.S.C. $154. Report. 47 U.S.C. $155. Chairman. seat of government and elsewhere, for office supplies, law books, peri- (d) Subsection (k) of section 4 of such Act is amended to read as "(k) The Commission shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain (1) such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of interstate and foreign wire and radio communication and radio transmission of energy; "(2) such information and data concerning the functioning of the Commission as will be of value to Congress in appraising the amount and character of the work and accomplishments of the Commission and the adequacy of its staff and equipment: Providea, That the first and second annual reports following the date of enactment of the Communications Act Amendments, 1952, shall set forth in detail the number and caption of pending applications requesting approval of transfer of control or assignment of a broadcasting station license, or construction permits for new broadcasting stations, or for increases in power, or for changes of frequency of existing broadcasting stations at the beginning and end of the period covered by such reports; "(3) information with respect to all persons taken into the employment of the Commission during the year covered by the report, including names, pertinent biographical data and experience, Commission positions held and compensation paid, together with the names of those persons who have left the employ of the Commission during such year: Provided, That the first annual report following the date of enactment of the Communications Act Amendments, 1952, shall contain such information with respect to all persons in the employ of the Commission at the close of the year for which the report is made; "(4) an itemized statement of all funds expended during the preceding year by the Commission, of the sources of such funds, and of the authority in this Act or elsewhere under which such expenditures were made; and (5) specific recommendations to Congress as to additional legislation which the Commission deems necessary or desirable, including all legislative proposals submitted for approval to the Director of the Bureau of the Budget." SEC. 4. Section 5 of such Act is amended to read as follows: "ORGANIZATION AND FUNCTIONING OF THE COMMISSION "SEC. 5. (a) The member of the Commission designated by the President as chairman shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legislative reports, except that any com C All 66 Stat. 713. missioner may present his own or minority views or supplemental reports, to represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies, and generally to coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. In the case of a vacancy in the office of the chairman of the Commission, or the absence or inability of the chairman to serve, the Commission may temporarily designate one of its members to act as chairman until the cause or circumstance requiring such designation shall have been eliminated or corrected. "(b) Within six months after the enactment of the Communications Organization. Act Amendments, 1952, and from time to time thereafter as the Commission may find necessary, the Commission shall organize its staff into (1) integrated bureaus, to function on the basis of the Commission's principal workload operations, and (2) such other divisional organizations as the Commission may deem necessary. Each such integrated bureau shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions. "(c) The Commission shall establish a special staff of employees, "Review hereinafter in this Act referred to as the 'review staff', which shall staff". consist of such legal, engineering, accounting, and other personnel as the Commission deems necessary. The review staff shall be directly responsible to the Commission and shall not be made a part of any bureau or divisional organization of the Commission. Its work shall not be supervised or directed by any employee of the Commission other than a member of the review staff whom the Commission may designate as the head of such staff. The review staff shall perform no duties or functions other than to assist the Commissio., in cases of adjudication (as defined in the Administrative Procedure Act) which 60 Stat. 237. have been designated for hearing, by preparing a summary of the U.S.C. evidence presented at any such hearing, by preparing, after an initial $1001 note. decision but prior to oral argument, a compilation of the facts material to the exceptions and replies thereto filed by the parties, and by preparing for the Commission or any member or members thereof, without recommendations and in accordance with specific directions from the Commission or such member or members, memoranda, opinions, decisions, and orders. The Commission shall not permit any employee who is not a member of the review staff to perform the duties and functions which are to be performed by the review staff; but this shall not be construed to limit the duties and functions which any assistant or secretary appointed pursuant to section 4 (f) (2) may perform for Ante, p. 711. the commissioner by whom he was appointed. "(d) (1) Except as provided in section 409, the Commission may, Post, p. 721. when necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, by order assign or refer any portion of its work, business, or functions to an individual commissioner or commissioners or to a board composed of one or more employees of the Commission, to be designated by such order for action thereon, and may at any time amend, modify, or rescind any such order of assignment or reference. Any order, decision, or report made, or other action taken, pursuant to any such order of assignment or reference shall, unless reviewed pursuant to paragraph (2), have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other action of the Commission. "(2) Any person aggrieved by any such order, decision, or report may file an application for review by the Commission, within such All 66 Stat. 714. Post, p.720. Meetings. 47 U.S.C. permits and station licenses. Emergency cases. time and in such form as the Commission shall prescribe, and every such application shall be passed upon by the Commission. If the Commission grants the application, it may affirm, modify, or set aside such order, decision, report, or action, or may order a rehearing upon such order, decision, report, or action under section 405. "(3) The secretary and seal of the Commission shall be the secretary and seal of each individual commissioner or board. "(e) Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision (1) within three months from the date of filing in all original application, renewal, and transfer cases in which it will not be necessary to hold a hearing, and (2) within six months from the final date of the hearing in all hearing cases; and the Commission shall promptly report to the Congress each such case which has been pending before it more than such three- or six-month period, respectively, stating the reasons therefor." SEC. 5. Subsection (d) of section 307 of such Act is amended to read as follows: if "(d) No license granted for the operation of a broadcasting station shall be for a longer term than three years and no license so granted for any other class of station shall be for a longer term than five years, and any license granted may be revoked as hereinafter provided. Upon the expiration of any license, upon application therefor, a renewal of such license may be granted from time to time for a term of not to exceed three years in the case of broadcasting licenses, and not to exceed five years in the case of other licenses, the Commission finds that public interest, convenience, and necessity would be served thereby. In order to expedite action on applications for renewal of broadcasting station licenses and in order to avoid needless expense to applicants for such renewals, the Commission shall not require any such applicant to file any information which previously has been furnished to the Commission or which is not directly material to the considerations that affect the granting or denial of such application, but the Commission may require any new or additional facts it deems necessary to make its findings. Pending any hearing and final decision on such an application and the disposition of any petition for rehearing pursuant to section 405, the Ĉommission shall continue such license in effect." 47 U.S.C. SEC. 6. (a) So much of subsection (a) of section 308 of such Act $308. as precedes the second proviso is amended to read as follows: "The Construction Commission may grant construction permits and station licenses, or modifications or renewals thereof, only upon written application therefor received by it: Provided, That (1) in cases of emergency found by the Commission involving danger to life or property or due to damage to equipment, or (2) during a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the national defense or security or otherwise in furtherance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or during the continuance of any such national emergency or war, in such manner and upon such terms and conditions as |