Page:United States Statutes at Large Volume 74.djvu/935

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[74 Stat. 895]
[74 Stat. 895]
PUBLIC LAW 86-000—MMMM. DD, 1960

74 S T A T. ]

PUBLIC LAW 86-752-SEPT. 13, 1960

895

opportunity to show in writing, within such reasonable period as the Commission shall by regulations prescribe, why he should not be held liable. A notice issued under this paragraph shall not be valid unless it sets forth the date, facts, and nature of the act or omission with which the licensee or permittee is charged and specifically identifies the particular provision or provisions of the law, rule, or regulation or the license, permit, or cease and desist order involved. "(3) No forfeiture liability under paragraph (1) of this subsection bi^ty'!^^'*"'^ ^^*' (b) shall attach for any violation occurring more than one year prior Limitjition. to the date of issuance of the notice of apparent liability and m no event shall the forfeiture imposed for the acts or omissions set forth in any notice of apparent liability exceed $10,000." (b) Section 504(a) of the Communications Act of 1934 (47 U.S.C. 504) is amended by inserting after '"Provided, in the first sentence thereof the following: "That any suit for the recovery of a forfeiture ^^^H^^ °^ ^°" imposed pursuant to the provisions of this Act shall be a trial de novo: Provided further,'\ (c) Section 504(b) of such Act is amended by striking out "section 507" and inserting in lieu thereof "sections 503(b) and 507". (d) Section 504 of such Act is further amended by adding a new subsection to read as follows: "(c) I n any case where the Commission issues a notice of apparent liability looking toward the imposition of a forfeiture under this Act, that fact shall not be used, in any other proceeding before the Commission, to the prejudice of the person to whom such notice was issued, unless (i) the forfeiture has been paid, or (ii) a court of competent jurisdiction has ordered payment of such forfeiture, and such order has become final." TROVISIONS REQUIRING ANNOUNCEMENTS AND DISCLOSURE OF CERTAIN PAYMENTS WITH RESPECT TO MATTER BROADCAST

SEC. 8. (a) Section 317 of the Communications Act of 1934 (47 U.S.C. 317) is amended to read as follows: " A N N O U N C E M E N T WITH RESPECT TO CERTAIN MATTER BROADCAST

"SEC. 317. (a)(1) All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person: Provided, That 'service or other valuable consideration' shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast. "(2) Nothing in this section shall preclude the Commission from requiring that an appropriate announcement shall be made at the time of the broadcast in the case of any political program or any program involving the discussion of any controversial issue for which any films, records, transcriptions, talent, scripts, or other material or service of any kind have been furnished, without charge or at a nominal charge, directly or indirectly, as an inducement to the broadcast of such program.