IIA

103D CONGRESS

2D SESSION H. R. 4522

IN THE SENATE OF THE UNITED STATES

OCTOBER 7 (legislative day, SEPTEMBER 12), 1994

Received

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Read twice and referred to the Committee on Commerce, Science, and

Transportation

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Communica5 tions Commission Authorization Act of 1994’’.
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1 SEC. 2. EXTENSION OF AUTHORITY.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

3 6 of the Communications Act of 1934 (47 U.S.C. 156)

4 is amended to read as follows:

5 ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated for the ad7 ministration of this Act by the Commission $186,000,000

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

9 necessary for increases resulting from adjustments in sal10 ary, pay, retirement, other employee benefits required by

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

12 Of the sum appropriated in each fiscal year under this

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

14 9(b), shall be derived from fees authorized by section 9.’’.

15 (b) TRAVEL AND REIMBURSEMENT PROGRAM.—Sub16 section (g) of section 4 of the Communications Act of

17 1934 (47 U.S.C. 154) is amended—

18 (1) by striking paragraph (2), and

19 (2) by redesignating paragraph (3) as (2).

20 (c) COMMUNICATIONS SUPPORT FROM OLDER AMER21 ICANS.—Section 6(a) of the Federal Communications

22 Commission Authorization Act of 1988 (47 U.S.C. 154

23 note) is amended by striking ‘‘fiscal years 1992 and 1993’’

24 and inserting ‘‘fiscal year 1995’’.

25 (d) HAWAII MONITORING STATION.—Section 9(a) of

26 the Federal Communications Commission Authorization
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1 Act of 1988 (Public Law 100–594; 102 Stat. 3024) is

2 amended by striking ‘‘1991, 1992, 1993, and 1994’’ and

3 inserting ‘‘1995,’’.

4 SEC. 3. APPLICATION FEES.

5 (a) SCHEDULE OF APPLICATION FEES FOR PCS.—

6 The schedule of application fees in section 8(g) of such

7 Act is amended by adding, at the end of the portion under

8 the heading ‘‘COMMON CARRIER SERVICES’’, the following

9 new 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’’.

10 (b) VANITY CALL SIGNS.—

11 (1) LIFETIME LICENSE FEES.—

12 (A) AMENDMENT.—The schedule of appli13 cation fees in section 8(g) of such Act is further

14 amended by adding, at the end of the portion

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

16 the following new item:

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

17 (B) TREATMENT OF RECEIPTS.—Moneys

18 received from fees established under the amend19 ment made by this subsection shall be deposited

20 as an offsetting collection in, and credited to,
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1 the account providing appropriations to carry

2 out the functions of the Commission.

3 (2) TERMINATION OF ANNUAL REGULATORY

4 FEES.—The schedule of regulatory fees in section

5 9(g) of such Act (47 U.S.C. 159(g)) is amended by

6 striking the following item from the fees applicable

7 to the Private Radio Bureau:

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

8 (c) DESCRIPTION OF APPLICATION FUNCTIONS.—

9 Section 8(b) of such Act is amended by adding at the end

10 the following new paragraph:

11 ‘‘(3) Any fees established under this section shall be

12 assessed and collected to recover the costs of performing

13 application activities, including all executive and legal

14 costs incurred by the Commission in the discharge of these

15 activities.’’.

16 SEC. 4. REGULATORY FEES.

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

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

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

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

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

22 (b) ESTABLISHMENT AND ADJUSTMENT.—Section

23 9(b) of such Act is amended—

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

25 and inserting ‘‘45 days’’; and
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1 (2) by adding at the end the following new

2 paragraph:

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

4 Commission may continue to collect fees at the prior

5 year’s rate until the effective date of any fee adjust6 ment or amendment of that fee under this section.’’.

7 (c) REGULATORY FEES FOR SATELLITE TV OPER8 ATIONS.—The schedule of regulatory fees in section 9(g)

9 of such Act is amended, in the fees applicable to the mass

10 media bureau, by inserting after each of the items pertain11 ing to construction permits in the fees applicable to VHF

12 commercial and UHF commercial TV the following new

13 item:

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

14 (d) GOVERNMENTAL ENTITIES USE FOR COMMON

15 CARRIER PURPOSES.—Section 9(h) of such Act is amend16 ed by adding at the end the following new sentence: ‘‘The

17 exceptions provided by this subsection for governmental

18 entities shall not be applicable to any services that are pro19 vided on a commercial basis in competition with another

20 carrier.’’.

21 (e) INFORMATION REQUIRED IN CONNECTION WITH

22 ADJUSTMENT OF REGULATORY FEES.—Title I of such

23 Act is amended—

24 (1) in section 9, by striking subsection (i); and
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1 (2) by inserting after section 9 the following

2 new section:

3 ‘‘SEC. 10. ACCOUNTING SYSTEM AND ADJUSTMENT INFOR4 MATION.

5 ‘‘(a) ACCOUNTING SYSTEM REQUIRED.—The Com6 mission shall develop accounting systems for the purposes

7 of making any adjustments authorized by sections 8 and

8 9. The Commission shall annually prepare and submit to

9 the Congress an analysis of such systems and shall annu10 ally afford interested persons the opportunity to submit

11 comments concerning the allocation of the costs of per12 forming the functions described in section 8(b)(3) and

13 9(a)(1).

14 ‘‘(b) INFORMATION REQUIRED IN CONNECTION WITH

15 ADJUSTMENT OF APPLICATION AND REGULATORY

16 FEES.—

17 ‘‘(1) SCHEDULE OF REQUESTED AMOUNTS.—

18 No later than May 1 of each calendar year, the

19 Commission shall prepare and transmit to the Com20 mittees of Congress responsible for the Commis21 sion’s authorization and appropriations a detailed

22 schedule of the amounts requested by the Presi23 dent’s budget to be appropriated for the ensuing fis24 cal year for the activities described in sections
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1 8(b)(3) and 9(a)(1), allocated by bureaus, divisions,

2 and offices of the Commission.

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

8 such calendar year a statement explaining the rela9 tionship between any such increases and either (A)

10 increases in the amounts requested to be appro11 priated for Commission activities in connection with

12 such applicants, licensees, or units subject to pay13 ment of fees, or (B) additional activities to be per14 formed with respect to such applicants, licensees, or

15 units.

16 ‘‘(3) DEFINITION.—For purposes of this sub17 section, the term ‘amount requested by the Presi18 dent’s budget’ shall include any adjustments to such

19 requests that are made by May 1 of such calendar

20 year. If any such adjustment is made after May 1,

21 the Commission shall provide such Committees with

22 updated schedules and statements containing the in23 formation required by this subsection within 10 days

24 after the date of any such adjustment.’’.
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1 SEC. 5. INSPECTION OF SHIP RADIO STATIONS.

2 (a) CONTRACTING OUT INSPECTIONS.—Section

3 4(f)(3) of the Communications Act of 1934 (47 U.S.C.

4 154(f)(3)) is amended by adding at the end the following:

5 ‘‘Notwithstanding the preceding provisions of this para6 graph, the Commission may designate an entity to make

7 the inspections referred to in this paragraph instead of

8 using engineers in charge, radio engineers, or other field

9 employees.’’.

10 (b) ANNUAL INSPECTION REQUIRED.—Section

11 362(b) of the Communications Act of 1934 (47 U.S.C.

12 360(b)) is amended—

13 (1) by striking ‘‘as may’’ in the third sentence

14 and inserting ‘‘as the Commission determines to’’,

15 and

16 (2) by striking ‘‘thereby’’ in the fourth sentence

17 and all that follows and inserting the following:

18 ‘‘thereby—

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

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

21 purpose of enabling a vessel to complete its voyage

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

23 inspection can be held, or

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

25 this section for a vessel that is in compliance with

26 the radio provisions of the Safety Convention and
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1 that is operating solely in waters beyond the juris2 diction of the United States, but the inspection shall

3 be performed within 30 days after the vessel’s return

4 to the United States.’’.

5 (c) CONFORMING AMENDMENT.—Section 385 of

6 the Communications Act of 1934 (47 U.S.C. 385) is

7 amended—

8 (1) by inserting ‘‘or an entity designated by the

9 Commission’’ after ‘‘Commission’’, and

10 (2) by striking out ‘‘as may’’ and inserting ‘‘as

11 the Commission determines to’’.

12 SEC. 6. EXPEDITED ITFS PROCESSING.

13 Section 5(c)(1) of the Communications Act of 1934

14 (47 U.S.C. 155(c)(1)) is amended by striking the last sen15 tence and inserting the following: ‘‘Except for cases involv16 ing the authorization of service in the Instructional Tele17 vision Fixed Service, or as otherwise provided in this Act,

18 nothing in this paragraph shall authorize the Commission

19 to provide for the conduct, by any person or persons other

20 than persons referred to in paragraph (2) or (3) of section

21 556(b) of title 5, United States Code, of any hearing to

22 which such section applies.’’.

23 SEC. 7. TARIFF REJECTION AUTHORITY.

24 Section 203(d) of the Communications Act of 1934

25 (47 U.S.C. 203(d)) is amended by inserting after the first
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1 sentence the following new sentences: ‘‘The Commission

2 may, after affording interested parties an opportunity to

3 comment, reject a proposed tariff filing in whole or in

4 part, if the filing or any part thereof is patently unlawful.

5 In evaluating whether a proposed tariff filing is patently

6 unlawful, the Commission may consider additional infor7 mation filed by the carrier or any interested party and

8 shall presume the facts alleged by the carrier to be true.’’.

9 SEC. 8. REFUND AUTHORITY.

10 Title II of the Communications Act of 1934 (47

11 U.S.C. 201 et seq.) is amended by adding at the end there12 of the following new section:

13 ‘‘SEC. 230. REFUND AUTHORITY.

14 ‘‘In addition to any other provision of this Act under

15 which the Commission may order refunds, the Commission

16 may require by order the refund of such portion of any

17 charge by any carrier or carriers as results from a viola18 tion of sections 220 (a), (b), or (d) or 221 (c) or (d) or

19 of any of the rules promulgated pursuant to such sections

20 or pursuant to sections 215, 218, or 219. Such refunds

21 shall be ordered only to the extent that the Commission

22 or a court finds that such violation resulted in unlawful

23 charges and shall be made to such persons or classes of

24 persons as the Commission determines reasonably rep25 resent the persons from whom amounts were improperly
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1 received by reason of such violation. No refunds shall be

2 required under this section unless—

3 ‘‘(1) 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 ‘‘(2) such order is issued not later than 5 years

9 after the date the charge was paid.

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

11 considered to occur on each date that the violation is

12 repeated.’’.

13 SEC. 9. LICENSING OF AVIATION, MARITIME, AND PER14 SONAL RADIO SERVICES BY RULE.

15 Section 307(e) of the Communications Act of 1934

16 (47 U.S.C. 307(e)) is amended to read as follows:

17 ‘‘(e)(1) Notwithstanding any license requirement es18 tablished in this Act, if the Commission determines that

19 such authorization serves the public interest, convenience,

20 and necessity, the Commission may by rule authorize the

21 operation of radio stations without individual licenses in

22 the following radio services: (A) the personal radio serv23 ices; (B) the aviation radio service for aircraft stations op24 erated on domestic flights when such aircraft are not oth25 erwise required to carry a radio station; and (C) the mari-
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1 time radio service for ship stations navigated on domestic

2 voyages when such ships are not otherwise required to

3 carry a radio station.

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

5 the Commission to operate without an individual license

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

7 rules prescribed by the Commission under this Act.

8 ‘‘(3) For purposes of this subsection, the terms ‘per9 sonal radio services’, ‘aircraft station’, and ‘ship station’

10 shall have the meanings given them by the Commission

11 by rule, except that the term ‘personal radio services’ shall

12 not include the amateur service.’’.

13 SEC. 10. AUCTION TECHNICAL AMENDMENTS.

14 Section 309(j)(8) of the Communications Act of 1934

15 (47 U.S.C. 309(j)(8)) is amended—

16 ‘‘(1) by inserting ‘‘are authorized to remain

17 available until expended and’’ after ‘‘Such offsetting

18 collections’’ in the second sentence of subparagraph

19 (B), and

20 ‘‘(2) by adding at the end thereof the following:

21 ‘‘(C) REVENUES ON DEPOSIT.—The Commis22 sion is authorized, based on the competitive bidding

23 methodology selected, to provide for the deposit of

24 monies for bids in an interest-bearing account until

25 such time as the Commission accepts a deposit from
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1 the high bidder. All interest earned on bid monies

2 received from the winning bidder shall be deposited

3 into the general fund of the Treasury. All interest

4 earned on bid monies deposited from unsuccessful

5 bidders shall be paid to those bidders, less any appli6 cable fees and penalties.’’.

7 SEC. 11. FORFEITURES FOR VIOLATIONS IMPERILING

8 SAFETY OF LIFE.

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

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

11 amended—

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

13 (6);

14 (2) by striking the period at the end of para15 graph (7) and inserting ‘‘; or’’; and

16 (3) by adding at the end the following new

17 paragraph:

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

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

20 the safety of life.’’.

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

22 (47 U.S.C. 503(b)(1)) is amended—

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

24 (C);
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1 (2) by striking the semicolon at the end of sub2 paragraph (D) and inserting ‘‘; or’’; and

3 (3) by adding after subparagraph (D) the fol4 lowing new subparagraph:

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

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

7 safety of life;’’.

8 SEC. 12. USE OF EXPERTS AND CONSULTANTS.

9 Section 4(f)(1) of the Communications Act of 1934

10 (47 U.S.C. 154) is amended by adding at the end thereof

11 the following: ‘‘The Commission may also procure the

12 services of experts and consultants in accordance with sec13 tion 3109 of title 5, United States Code, relating to ap14 pointments in the Federal Service, at rates of compensa15 tion for individuals not to exceed the daily rate equivalent

16 to the maximum rate payable for senior-level positions

17 under section 5276 of title 5, United States Code.’’.

18 SEC. 13. STATUTE OF LIMITATIONS FOR FORFEITURE PRO19 CEEDINGS AGAINST COMMON CARRIERS.

20 Section 503(b)(6) of the Communications Act of

21 1934 (47 U.S.C. 503(b)(6)) is amended—

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

23 (A);

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

25 after ‘‘title III of this Act’’ in subparagraph (B);
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1 (3) by redesignating subparagraph (B) as sub2 paragraph (C); and

3 (4) by inserting after subparagraph (A) the fol4 lowing new subparagraph:

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

6 required notice of apparent liability is issued more

7 than 5 years after the date the violation charged oc8 curred; or’’.

9 SEC. 14. UTILIZATION OF FM BAND FOR ASSISTIVE DE10 VICES FOR HEARING IMPAIRED INDIVID11 UALS.

12 Within 6 months after the date of enactment of this

13 Act, the Federal Communications Commission shall report

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

15 band to facilitate the use of auditory assistive devices for

16 individuals with hearing impairments. In preparing such

17 report, the Commission shall consider—

18 (1) the potential for utilizing FM band auditory

19 assistive devices to comply with the Americans with

20 Disabilities Act;

21 (2) the impact on such compliance of the vul22 nerability of such devices to harmful interference

23 from radio licensees; and

24 (3) alternative frequency allocations that could

25 facilitate such compliance.
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1 SEC. 15. TECHNICAL AMENDMENT.

2 Section 302(d)(1) of the Communications Act of

3 1934 (47 U.S.C. 309(d)(1)) is amended—

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

5 to the domestic cellular radio telecommunications

6 service’’ and inserting ‘‘utilized to provide commer7 cial mobile service (as defined in section 332(d))’’;

8 and

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

10 and inserting ‘‘commercial mobile service’’.

Passed the House of Representatives October 7,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.