Union Calendar No. 466

103D CONGRESS

2D SESSION H. R. 4522

[Report No. 103–844]

A BILL

To amend the Communications Act of 1934 to exother purposes. Federal Communications Commission, and for tend the authorization of appropriations of the

OCTOBER 6, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 466

103D CONGRESS

2D SESSION H. R. 4522

[Report No. 103–844]

To amend the Communications Act of 1934 to extend the authorization

of appropriations of the Federal Communications Commission, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1994

Mr. MARKEY (for himself and Mr. FIELDS of Texas) introduced the following

bill; which was referred to the Committee on Energy and Commerce

OCTOBER 6, 1994

Additional sponsor: Mr. BOUCHER

OCTOBER 6, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Communications Act of 1934 to extend the

authorization of appropriations of the Federal Communications Commission, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 4522 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Federal Communica3 tions Commission Authorization Act of 1994’’.

4 SEC. 2. EXTENSION OF AUTHORITY.

5 Section 6 of the Communications Act of 1934 (47

6 U.S.C. 156) is amended to read as follows:

7 ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated for the ad9 ministration of this Act by the Commission $188,400,000

10 for fiscal year 1995, together with such sums as may be

11 necessary for increases resulting from adjustments in sal12 ary, pay, retirement, other employee benefits required by

13 law, and other nondiscretionary costs, for fiscal year 1995.

14 Of the sum appropriated in each fiscal year under this

15 section, a portion, in an amount determined under section

16 9(b), shall be derived from fees authorized by section 9.’’.

17 SECTION 1. SHORT TITLE.

18 This Act may be cited as the ‘‘Federal Communica19 tions Commission Authorization Act of 1994’’.

20 SEC. 2. EXTENSION OF AUTHORITY.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 6

22 of the Communications Act of 1934 (47 U.S.C. 156) is

23 amended to read as follows:

24 ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

25 ‘‘There are authorized to be appropriated for the ad26 ministration of this Act by the Commission $188,400,000
3

•HR 4522 RH

1 for fiscal year 1995, together with such sums as may be

2 necessary for increases resulting from adjustments in sal3 ary, pay, retirement, other employee benefits required by

4 law, and other nondiscretionary costs, for fiscal year 1995.

5 Of the sum appropriated in each fiscal year under this sec6 tion, a portion, in an amount determined under sections

7 8(b) and 9(b), shall be derived from fees authorized by sec8 tions 8 and 9.’’.

9 (b) TRAVEL AND REIMBURSEMENT PROGRAM.—Sec10 tion 4(g)(2) of the Communications Act of 1934 (47 U.S.C.

11 154(g)(2)) is amended to read as follows:

12 ‘‘(2) The Commission shall submit to the appropriate

13 committees of Congress, and publish in the Federal Register,

14 semiannual reports specifying the reimbursements which

15 the Commission has accepted under section 1353 of title 31,

16 United States Code.’’.

17 (c) COMMUNICATIONS SUPPORT FROM OLDER AMERI18 CANS.—Section 6(a) of the Federal Communications Com19 mission Authorization Act of 1988 (47 U.S.C. 154 note) is

20 amended by striking ‘‘fiscal years 1992 and 1993’’ and in21 serting ‘‘fiscal year 1995’’.

22 SEC. 3. APPLICATION FEES.

23 (a) ADJUSTMENT OF APPLICATION FEE SCHEDULE.—

24 Section 8(b) of the Communications Act of 1934 (47 U.S.C.

25 158(b)) is amended to read as follows:
4

•HR 4522 RH

1 ‘‘(b)(1) For fiscal year 1995 and each fiscal year there2 after, the Commission shall, by regulation, modify the ap3 plication fees by proportionate increases or decreases so as

4 to result in estimated total collections for the fiscal year

5 equal to—

6 ‘‘(A) $40,000,000; plus

7 ‘‘(B) an additional amount, specified in an ap8 propriation Act for the Commission for that fiscal

9 year to be collected and credited to such appropria10 tion, not to exceed the amount by which the necessary

11 expenses for the costs described in paragraph (5) ex12 ceeds $40,000,000.

13 ‘‘(2) In making adjustments pursuant to this para14 graph the Commission may round such fees to the nearest

15 $5.00 in the case of fees under $100, or to the nearest $20

16 in the case of fees of $100 or more. The Commission shall

17 transmit to the Congress notification of any adjustment

18 made pursuant to this paragraph immediately upon the

19 adoption of such adjustment.

20 ‘‘(3) The Commission is authorized to continue to col21 lect fees at the prior year’s rate until the effective date of

22 fee adjustments or amendments made pursuant to para23 graphs (1) and (4).

24 ‘‘(4) The Commission shall, by regulation, add, delete,

25 or reclassify services, categories, applications, or other fil-
5

•HR 4522 RH

1 ings subject to application fees to reflect additions, dele2 tions, or changes in the nature of its services or authoriza3 tion of service processes as a consequence of Commission

4 rulemaking proceedings or changes in law.

5 ‘‘(5) Any modified fees established under paragraph

6 (4) shall be derived by determining the full-time equivalent

7 number of employees performing application activities, ad8 justed to take into account other expenses that are reason9 ably related to the cost of processing the application or fil10 ing, including all executive and legal costs incurred by the

11 Commission in the discharge of these functions, and other

12 factors that the Commission determines are necessary in the

13 public interest. The Commission shall—

14 ‘‘(A) transmit to the Congress notification of any

15 proposed modification made pursuant to this para16 graph immediately upon adoption of such proposal;

17 and

18 ‘‘(B) transmit to the Congress notification of any

19 modification made pursuant to this paragraph imme20 diately upon adoption of such modification.

21 ‘‘(6) Increases or decreases in application fees made

22 pursuant to this subsection shall not be subject to judicial

23 review.’’.

24 (b) TREATMENT OF ADDITIONAL COLLECTIONS.—Sec25 tion 8(e) of such Act is amended to read as follows:
6

•HR 4522 RH

1 ‘‘(e) Of the moneys received from fees authorized under

2 this section—

3 ‘‘(1) $40,000,000 shall be deposited in the gen4 eral fund of the Treasury to reimburse the United

5 States for amounts appropriated for use by the Com6 mission in carrying out its functions under this Act;

7 and

8 ‘‘(2) the remainder shall be deposited as an off9 setting collection in, and credited to, the account pro10 viding appropriations to carry out the functions of

11 the Commission.’’.

12 (c) SCHEDULE OF APPLICATION FEES FOR PCS.—The

13 schedule of application fees in section 8(g) of such Act is

14 amended by adding, at the end of the portion under the

15 heading ‘‘COMMON CARRIER SERVICES’’, the following new

16 item:

‘‘23. Personal communications services

‘‘a. Initial or new application .......................................................... 230

‘‘b. Amendment to pending application ........................................... 35

‘‘c. Application for assignment or transfer of control ..................... 230

‘‘d. Application for renewal of license .............................................. 35

‘‘e. Request for special temporary authority ................................... 200

‘‘f. Notification of completion of construction ................................. 35

‘‘g. Request to combine service areas ................................................ 50’’.

17 (d) VANITY CALL SIGNS.—

18 (1) LIFETIME LICENSE FEES.—

19 (A) AMENDMENT.—The schedule of applica20 tion fees in section 8(g) of such Act is further

21 amended by adding, at the end of the portion
7

•HR 4522 RH

1 under the heading ‘‘PRIVATE RADIO SERVICES’’,

2 the following new item:

‘‘11. Amateur vanity call signs ............................................................. 150.00’’.

3 (B) TREATMENT OF RECEIPTS.—Moneys re4 ceived from fees established under the amendment

5 made by this subsection shall be deposited as an

6 offsetting collection in, and credited to, the ac7 count providing appropriations to carry out the

8 functions of the Commission.

9 (2) TERMINATION OF ANNUAL REGULATORY

10 FEES.—The schedule of regulatory fees in section 9(g)

11 of such Act (47 U.S.C. 159(g)) is amended by striking

12 the following item from the fees applicable to the Pri13 vate Radio Bureau:

‘‘Amateur vanity call-signs ......................................................... 7’’.

14 SEC. 4. REGULATORY FEES.

15 (a) EXECUTIVE AND LEGAL COSTS.—Section 9(a)(1)

16 of the Communications Act of 1934 (47 U.S.C. 159(a)(1))

17 is amended by inserting before the period at the end the

18 following: ‘‘, and all executive and legal costs incurred by

19 the Commission in the discharge of these functions’’.

20 (b) ESTABLISHMENT AND ADJUSTMENT.—Section 9(b)

21 of such Act is amended—

22 (1) in paragraph (4)(B), by striking ‘‘90 days’’

23 and inserting ‘‘45 days’’; and
8

•HR 4522 RH

1 (2) by adding at the end the following new para2 graph:

3 ‘‘(5) EFFECTIVE DATE OF ADJUSTMENTS.—The

4 Commission is authorized to continue to collect fees at

5 the prior year’s rate until the effective date of fee ad6 justments or amendments made pursuant to para7 graph (2) or (3).’’.

8 (c) REGULATORY FEES FOR SATELLITE TV OPER9 ATIONS.—The schedule of regulatory fees in section 9(g) of

10 such Act is amended, in the fees applicable to the Mass

11 Media Bureau, by inserting after each of the items pertain12 ing to construction permits in the fees applicable to VHF

13 commercial and UHF commercial TV the following new

14 item:

‘‘Terrestrial television satellite operations ......................... 500’’.

15 (d) GOVERNMENTAL ENTITIES USE FOR COMMON CAR16 RIER PURPOSES.—Section 9(h) of such Act is amended by

17 adding at the end the following new sentence: ‘‘The excep18 tions provided by this subsection for governmental entities

19 shall not be applicable to any services that are provided

20 on a commercial basis in competition with another car21 rier.’’.

22 (e) INFORMATION REQUIRED IN CONNECTION WITH

23 ADJUSTMENT OF REGULATORY FEES.—Title I of such Act

24 is amended—
9

•HR 4522 RH

1 (1) in section 9, by striking subsection (i); and

2 (2) by inserting after section 9 the following new

3 section:

4 ‘‘SEC. 10. ACCOUNTING SYSTEM AND ADJUSTMENT INFOR5 MATION.

6 ‘‘(a) ACCOUNTING SYSTEM REQUIRED.—The Commis7 sion shall develop accounting systems for the purposes of

8 making the adjustments authorized by sections 8 and 9. The

9 Commission shall annually prepare and submit to the Con10 gress an analysis of such systems and shall annually afford

11 interested persons the opportunity to submit comments con12 cerning the allocation of the costs of performing the func13 tions described in section 8(a)(5) and 9(a)(1) in making

14 such adjustments in the schedules required by sections 8 and

15 9.

16 ‘‘(b) INFORMATION REQUIRED IN CONNECTION WITH

17 ADJUSTMENT OF APPLICATION AND REGULATORY FEES.—

18 ‘‘(1) SCHEDULE OF REQUESTED AMOUNTS.—No

19 later than May 1 of each calendar year, the Commis20 sion shall prepare and transmit to the Committees of

21 Congress responsible for the Commission’s authoriza22 tion and appropriations a detailed schedule of the

23 amounts requested by the President’s budget to be ap24 propriated for the ensuing fiscal year for the activi25 ties described in sections 8(a)(5) and 9(a)(1), allo-
10

•HR 4522 RH

1 cated by bureaus, divisions, and offices of the Com2 mission.

3 ‘‘(2) EXPLANATORY STATEMENT.—If the Com4 mission anticipates increases in the application fees

5 or regulatory fees applicable to any applicant, li6 censee, or unit subject to payment of fees, the Com7 mission shall submit to the Congress by May 1 of such

8 calendar year a statement explaining the relationship

9 between any such increases and either (A) increases

10 in the amounts requested to be appropriated for Com11 mission activities in connection with such applicants,

12 licensees, or units subject to payment of fees, or (B)

13 additional activities to be performed with respect to

14 such applicants, licensees, or units.

15 ‘‘(3) DEFINITION.—For purposes of this sub16 section, the term ‘amount requested by the President’s

17 budget’ shall include any adjustments to such requests

18 that are made by May 1 of such calendar year. If any

19 such adjustment is made after May 1, the Commis20 sion shall provide such Committees with updated

21 schedules and statements containing the information

22 required by this subsection within 10 days after the

23 date of any such adjustment.’’.
11

•HR 4522 RH

1 SEC. 5. INSPECTION OF SHIP RADIO STATIONS.

2 (a) AUTHORITY TO DESIGNATE ENTITIES TO IN3 SPECT.—Section 4(f)(3) of the Communications Act of 1934

4 (47 U.S.C. 154(f)(3)) is amended by adding at the end the

5 following: ‘‘And provided further, That, in the alternative,

6 an entity designated by the Commission may make the in7 spections referred to in this paragraph.’’.

8 (b) CONDUCT OF INSPECTIONS.—Section 362(b) of

9 such Act (47 U.S.C. 362(b)) is amended to read as follows:

10 ‘‘(b) Every ship of the United States that is subject

11 to this part shall have the equipment and apparatus pre12 scribed therein inspected at least once each year by the Com13 mission or an entity designated by the Commission. If, after

14 such inspection, the Commission is satisfied that all rel15 evant provisions of this Act and the station license have

16 been complied with, the fact shall be certified to on the sta17 tion license by the Commission. The Commission shall make

18 such additional inspections at frequent intervals as the

19 Commission determines may be necessary to ensure compli20 ance with the requirements of this Act. The Commission

21 may, upon a finding that the public interest could be served

22 thereby—

23 ‘‘(1) waive the annual inspection required under

24 this section for a period of up to 90 days for the sole

25 purpose of enabling a vessel to complete its voyage
12

•HR 4522 RH

1 and proceed to a port in the United States where an

2 inspection can be held; or

3 ‘‘(2) waive the annual inspection required under

4 this section for a vessel that is in compliance with the

5 radio provisions of the Safety Convention and that is

6 operating solely in waters beyond the jurisdiction of

7 the United States, provided that such inspection shall

8 be performed within 30 days of such vessel’s return to

9 the United States.’’.

10 (c) INSPECTION BY OTHER ENTITIES.—Section 385 of

11 such Act (47 U.S.C. 385) is amended by inserting ‘‘or an

12 entity designated by the Commission’’ after ‘‘The Commis13 sion’’.

14 SEC. 6. EXPEDITED ITFS PROCESSING.

15 Section 5(c)(1) of the Communications Act of 1934 (47

16 U.S.C. 155(c)(1)) is amended by striking the last sentence

17 and inserting the following: ‘‘Except for cases involving the

18 authorization of service in the Instructional Television

19 Fixed Service, or as otherwise provided in this Act, nothing

20 in this paragraph shall authorize the Commission to pro21 vide for the conduct, by any person or persons other than

22 persons referred to in paragraph (2) or (3) of section 556(b)

23 of title 5, United States Code, of any hearing to which such

24 section applies.’’.
13

•HR 4522 RH

1 SEC. 7. TARIFF REJECTION AUTHORITY.

2 Section 203(d) of the Communications Act of 1934 (47

3 U.S.C. 203(d)) is amended by inserting after the first sen4 tence the following new sentences: ‘‘The Commission may,

5 after affording interested parties an opportunity to com6 ment, reject a proposed tariff filing in whole or in part,

7 if the filing or any part thereof is patently unlawful. In

8 evaluating whether a proposed tariff filing is patently un9 lawful, the Commission may consider additional informa10 tion filed by the carrier or any interested party and shall

11 presume the facts alleged by the carrier to be true.’’.

12 SEC. 8. REFUND AUTHORITY.

13 Section 220(d) of the Communications Act of 1934 (47

14 U.S.C. 220(d)) is amended—

15 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

16 (2) by adding at the end the following new para17 graph:

18 ‘‘(2) The Commission may require by order the refund

19 of such portion of any charge or expenditure by any carrier

20 or carriers as results from a violation of paragraph (1) of

21 this subsection or of any of the rules promulgated pursuant

22 to such paragraph. Such refunds shall be paid, with inter23 est, to such persons or classes of persons as the Commission

24 determines reasonably represent the persons from whom

25 amounts were improperly received by reason of such viola-
14

•HR 4522 RH

1 tion. No refunds shall be required under this paragraph un2 less—

3 ‘‘(A) the Commission issues an order advising

4 the carrier of its potential refund liability and pro5 vides the carrier with an opportunity to file written

6 comments as to why refunds should not be required;

7 and

8 ‘‘(B) such order is issued not later than 5 years

9 after the date the violation occurred.

10 In the case of a continuing violation, a violation shall be

11 considered to occur on each date that the violation is re12 peated. Nothing in this subsection shall be construed to re13 quire a carrier to retain for such 5 year period records with

14 respect to amounts paid by or on behalf of such persons.’’.

15 SEC. 9. LICENSING OF AVIATION, MARITIME, AND PER16 SONAL RADIO SERVICES BY RULE.

17 Section 307(e) of the Communications Act of 1934 (47

18 U.S.C. 307(e)) is amended to read as follows:

19 ‘‘(e)(1) Notwithstanding any license requirement es20 tablished in this Act, if the Commission determines that

21 such authorization serves the public interest, convenience,

22 and necessity, the Commission may by rule authorize the

23 operation of radio stations without individual licenses in

24 the following radio services: (A) the personal radio services;

25 (B) the aviation radio service for aircraft stations operated
15

•HR 4522 RH

1 on domestic flights when such aircraft are not otherwise re2 quired to carry a radio station; and (C) the maritime radio

3 service for ship stations navigated on domestic voyages

4 when such ships are not otherwise required to carry a radio

5 station.

6 ‘‘(2) Any radio station operator who is authorized by

7 the Commission to operate without an individual license

8 shall comply with all other provisions of this Act and with

9 rules prescribed by the Commission under this Act.

10 ‘‘(3) For purposes of this subsection, the terms ‘per11 sonal radio services’, ‘aircraft station’, and ‘ship station’

12 shall have the meanings given them by the Commission by

13 rule, except that the term ‘personal radio services’ shall not

14 include the amateur service.’’.

15 SEC. 10. AUCTION TECHNICAL AMENDMENTS.

16 (a) FUNDING AVAILABILITY.—Section 309(j)(8)(B) of

17 the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B))

18 is amended by adding at the end the following new sentence:

19 ‘‘Such offsetting collections are authorized to remain avail20 able until expended.’’.

21 (b) ESCROW OF DEPOSITS.—Section 309(j)(8) of such

22 Act is further amended by adding at the end the following

23 new subparagraph:

24 ‘‘(C) ESCROW OF DEPOSIT.—The Commis25 sion is authorized, based on the competitive bid-
16

•HR 4522 RH

1 ding methodology selected, to provide for the de2 posit of moneys for bids in an interest-bearing

3 account until such time as the Commission ac4 cepts a deposit from the high bidder. All interest

5 earned on bid moneys received from the winning

6 bidder shall be deposited into the general fund of

7 the Treasury. All interest earned on bid moneys

8 deposited from unsuccessful bidders, less any ap9 plicable fees and penalties, shall be paid to those

10 bidders.’’.

11 SEC. 11. FORFEITURES FOR VIOLATIONS IMPERILING SAFE12 TY OF LIFE.

13 (a) ADMINISTRATIVE SANCTIONS.—Section 312(a) of

14 the Communications Act of 1934 (47 U.S.C. 312(a)) is

15 amended—

16 (1) by striking ‘‘or’’ at the end of paragraph (6);

17 (2) by striking the period at the end of para18 graph (7) and inserting ‘‘; or’’; and

19 (3) by adding at the end the following new para20 graph:

21 ‘‘(8) for failure to comply with any requirement

22 of this Act or the Commission’s rules that imperils the

23 safety of life.’’.

24 (b) FORFEITURES.—Section 503(b)(1) of such Act (47

25 U.S.C. 503(b)(1)) is amended—
17

•HR 4522 RH

1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (C);

3 (2) by striking the semicolon at the end of sub4 paragraph (D) and inserting ‘‘; or’’; and

5 (3) by adding after subparagraph (D) the follow6 ing new subparagraph:

7 ‘‘(E) failed to comply with any requirement of

8 this Act or the Commission’s rules that imperils the

9 safety of life;’’.

10 SEC. 12. FINDINGS AND POLICY REGARDING THE AMATEUR

11 RADIO SERVICE.

12 The Congress finds and declares that—

13 (1) radio amateurs are hereby commended for

14 their contributions to technical progress in electronics,

15 and for their emergency radio communications in

16 times of disaster;

17 (2) the Federal Communications Commission is

18 urged to continue and enhance the development of the

19 amateur radio service as a public benefit by adopting

20 rules and regulations which encourage the use of new

21 technologies within the amateur radio service; and

22 (3) the Commission is urged to make reasonable

23 accommodations for the effective operation of amateur

24 radio from residences, private vehicles and public

25 areas, and all levels of government are urged to facili-
18

•HR 4522 RH

1 tate and encourage amateur radio operation as a

2 public benefit.

3 SEC. 13. STATUTE OF LIMITATIONS FOR FORFEITURE PRO4 CEEDINGS AGAINST COMMON CARRIERS.

5 Section 503(b)(6) of the Communications Act of 1934

6 (47 U.S.C. 503(b)(6)) is amended—

7 (1) by striking ‘‘or’’ at the end of subparagraph

8 (A);

9 (2) by inserting ‘‘and is not a common carrier’’

10 after ‘‘title III of this Act’’ in subparagraph (B);

11 (3) by redesignating subparagraph (B) as sub12 paragraph (C); and

13 (4) by inserting after subparagraph (A) the fol14 lowing new subparagraph:

15 ‘‘(B) such person is a common carrier and the

16 required notice of apparent liability is issued more

17 than 5 years after the date the violation charged oc18 curred; or’’.

19 SEC. 14. UTILIZATION OF FM BAND FOR ASSISTIVE DEVICES

20 FOR HEARING IMPAIRED INDIVIDUALS.

21 Within 6 months after the date of enactment of this

22 Act, the Federal Communications Commission shall report

23 to the Congress on the existing and future use of the FM

24 band to facilitate the use of auditory assistive devices for
19

•HR 4522 RH

1 individuals with hearing impairments. In preparing such

2 report, the Commission shall consider—

3 (1) the potential for utilizing FM band auditory

4 assistive devices to comply with the Americans with

5 Disabilities Act;

6 (2) the impact on such compliance of the vulner7 ability of such devices to harmful interference from

8 radio licensees; and

9 (3) alternative frequency allocations that could

10 facilitate such compliance.

11 SEC. 15. TECHNICAL AMENDMENT.

12 Section 302(d)(1) of the Communications Act of 1934

13 (47 U.S.C. 309(d)(1)) is amended—

14 (1) in subparagraph (A), by striking ‘‘allocated

15 to the domestic cellular radio telecommunications

16 service’’ and inserting ‘‘utilized to provide commercial

17 mobile service (as defined in section 332(d))’’; and

18 (2) in subparagraph (C), by striking ‘‘cellular’’

19 and inserting ‘‘commercial mobile service’’.

HR 4522 RH——2