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Public Law 103–236), $10,000,000, to remain available until expended.
BROADCASTING TO CUBA For expenses necessary to enable the United States Information Agency to carry out the Radio Broadcasting to Cuba Act, as amended (22 U.S.C. 1465 et seq.) (providing for the Radio Marti Program or Cuba Service of the Voice of America), the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.), and the International Broadcasting Act of 1994 (title III of the Foreign Relations Authorization Act of 1994, Public Law 103–236), including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception, $24,809,000, to remain available until expended.
16. Broadcasting to Cuba 1
Partial text of Public Law 101-246 (H.R. 3793), 104 Stat. 15 at 68, approved
February 16, 1990; amended by Public Law 102–138 (Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415), 105 Stat. 647, approved October 28, 1991
AN ACT To authorize appropriations for fiscal years 1990 and 1991 for the
Department of State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
PART D-TELEVISION BROADCASTING TO CUBA SEC. 241.2 SHORT TITLE
This part may be cited as the “Television Broadcasting to Cuba Act”. SEC. 242.3 FINDINGS AND PURPOSES. The Congress finds and declares that,
(1) it is the policy of the United States to support the right of the people of Cuba to seek, receive, and impart information and ideas through any media and regardless of frontiers, in accordance with article 19 of the Universal Declaration of Human Rights;
(2) consonant with this policy, television broadcasting to Cuba may be effective in furthering the open communication of accurate information and ideas to the people of Cuba and, in particular, information about Cuba;
(3) television broadcasting to Cuba, operated in a manner not inconsistent with the broad foreign policy of the United States and in accordance with high professional standards, would be in the national interest;
(4) facilities broadcasting television programming to Cuba must be operated in a manner consistent with applicable regulations of the Federal Communications Commission, and must not affect the quality of domestic broadcast transmission or reception; and
(5) that the Voice of America already broadcasts to Cuba information that represents America, not any single segment of American society, and includes a balanced and comprehensive projection of significant American thought and institutions, but that there is a need for television broadcasts to Cuba which
See also Board for International Broadcasting Authorization Act, Fiscal Years 1982 and
222 U.S.C. 1465aa note. 322 U.S.C. 1465aa.
the purpo sectionge Actunited Fent su
provide news, commentary, and other information about events
(a) TELEVISION BROADCASTING TO CUBA.—In order to carry out the purposes set forth in section 242 and notwithstanding the limitation of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) with respect to the dissemination in the United States of information prepared for dissemination abroad to the extent such dissemination is inadvertent, the United States Information Agency (hereafter in this part referred to as the "Agency") shall provide for the open communication of information and ideas through the use of television broadcasting to Cuba. Television broadcasting to Cuba shall serve as a consistently reliable and authoritative source of accurate, objective, and comprehensive news.
(b) VOICE OF AMERICA STANDARDS.—Television broadcasting to Cuba under this part shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, balanced, and which present a variety of views.
(c) USIA TELEVISION MARTI.-Any program of United States Government television broadcasts to Cuba authorized by this section shall be designated “USIA Television Marti Program". (d) FREQUENCY ASSIGNMENT.—
(1) Subject to the Communications Act of 1934, the Federal Communications Commission shall assign by order a suitable frequency to further the national interests expressed in this part, except that no such assignment shall result in objectionable interference with the broadcasts of any domestic licensee.
(2) No Federal branch or agency shall compel an incumbent domestic licensee to change its frequency in order to eliminate objectionable interference caused by broadcasting of the Service.
(3) For purposes of section 305 of the Communications Act of 1934, a television broadcast station established for purposes of this part shall be treated as a government station, but the Federal Communications Commission shall exercise the authority of the President under such section to assign a fre
quency to such station. (e) INTERFERENCE WITH DOMESTIC BROADCASTING.
(1) Broadcasting by the Television Marti Service shall be conducted in accordance with such parameters as shall be prescribed by the Federal Communications Commission to preclude objectionable interference with the broadcasts of any domestic licensee. The Television Marti Service shall be governed by the same standards regarding objectionable interference as any domestic licensee. The Federal Communications Commission shall monitor the operations of television broadcasting to Cuba pursuant to subsection (f). If, on the basis of such monitoring or a complaint from any person, the Federal Communications Commission determines, in its discretion, that broadcasting by the Television Marti Service is causing objectionable interference with the transmission or reception of the broadcasts of a domestic licensee, the Federal Communications Commission shall direct the Television Marti Service to cease broadcasting and to eliminate the objectionable interference. Broadcasts by the Service shall not be resumed until the Federal Communications Commission finds that the objectionable interference has been eliminated and should not recur.
* 22 U.S.C. 1465bb.
(2) The Federal Communications Commission shall take such actions as are necessary and appropriate to assist domestic licensees in overcoming the adverse effects of objectionable interference caused by broadcasting by the Television Marti Service. Such assistance may include the authorization of nondirectional increases in the effective radiated power of a domestic television station so that its coverage is equivalent to the maximum allowable for such facilities, to avoid any adverse effect on such stations of the broadcasts of the Television Marti Service.
(3) If the Federal Communications Commission directs the Television Marti Service to cease broadcasting pursuant to paragraph (1), the Commission shall, as soon as practicable, notify the appropriate committees of Congress of such action and the reasons therefor. The Federal Communications Commission shall continue to notify the appropriate committees of Congress of progress in eliminating the objectionable interference and shall assure that Congress is fully informed about
the operation of the Television Marti Service. (f) MONITORING OF INTERFERENCE.—The Federal Communications Commission shall continually monitor and periodically report to the appropriate committees of the Congress interference to domestic broadcast licensees
(1) from the operation of Cuban television and radio stations; and
(2) from the operations of the television broadcasting to Cuba. (g) TASK FORCE.-It is the sense of the Congress that the President should establish a task force to analyze the level of interference from the operation of Cuban television and radio stations experienced by broadcasters in the United States and to seek a practical political and technical solution to this problem. SEC. 244.5 TELEVISION MARTI SERVICE OF THE UNITED STATES IN.
FORMATION AGENCY. (a) TELEVISION MARTI SERVICE.-The Director of the United States Information Agency shall establish within the Voice of America a Television Marti Service. The Service shall be responsible for all television broadcasts to Cuba authorized by this part. The Director of the United States Information Agency shall appoint a head of the Service who shall report directly to the Director of the Voice of America. The head of the Service shall employ such staff as the head of the Service may need to carry out the duties of the Service.
(b) USE OF EXISTING FACILITIES OF THE USIA.—To assure consistency of presentation and efficiency of operations in conducting
sible for a Television Mary shall establish
thoshal Informba auth.ce shalte vo
622 U.S.C. 1465cc.
the activities authorized under this part, the Television Marti Serr. ice shall make parcum feasible utilization of Agency facilities and management support, including Voice of America: Cuba Serr. ice, Voice of America, and the United States Information Agency Television Service
(c) USIA ALTHORITY.-The Agency may carry out the purposes of this part by means of grants, leases, or contracts (subject to the availabihty of appropriations, or such other means as the Agency determines wil de most efective. SEC. 245. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA
(b)? REFERENCES.-A reference in any provision of law to the "Advisory Board for Radio Broadcasting to Cuba" shall be considered to be a reference to the *Advisory Board for Cuba Broadcasting”.
(c)? CONTINUED SERVICE OF MEMBERS OF BOARD.-Each member of the Advisory Board for Radio Broadcasting to Cuba as in existence on the day before the effective date of the amendment made by subsection (a) shall continue to serve for the remainder of the term to which such member was appointed as a member of the Advisory Board for Cuba Broadcasting.
(d) 7 STAFF DIRECTOR.-The Board shall have a staff director who shall be appointed by the Chairperson of the Advisory Board for Cuba Broadcasting. SEC. 246. ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.
In order to assist the United States Information Agency in carry. ing out the provisions of this part, any agency or instrumentality of the United States may sell, loan, lease, or grant property (includ. ing interests therein) and may perform administrative and technical support and services at the request of the Agency. SEC. 247.' AUTHORIZATION OF APPROPRIATIONS.
(a) 10 AUTHORIZATION OF APPROPRIATIONS.-In addition to amounts otherwise made available under section 201 for such pur
• Sec. 245/a) amended sec. 5 of the Radio Broadcasting to Cuba Act (22 USC. 14650)
10 Sec. 201(ayy) or the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Pub lic Law 103–236, 108 Slal 420, provided the following
"43) BROADCASTING TO CLBA - For 'Broadcasting to Cuba', $21,000,000 for the fiscal year 1994 and $27,609,000 for the fiscal year 1995.".
Previous years' authorizations include: fiscal year 1992—838,988,000, fiscal year 1993– $34,525,000 (for radio and television).
The Department of State Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 1772), provided the following:
"BROADCASTING TO CUBA "For expenses necessary to enable the United States Information Agency to carry out the Radio Broadcasting to Cuba Ach, as amended (22
lod (22 U.S.C. 1465 et seg.) (providing for the Radio Marti Program or Cuba Service of the Voice of America), the Television Bradcasting to Cuba Act (22 U.S.C. 1465aa et seq.), and the International Broadcasting Act of 1994 (title Ill of the Foreign Relations Authonzation Act of 1994, Public Law 103–236), including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception. $24.809.000. Lo remain available unul expended.".
See also “Administrative Provision Establishing the Advisory Panel on Radio Marti and TV Marti" in Public Law 103-121.