```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4522 Referred in Senate (RFS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Communications Commission 
Authorization Act of 1994''.

SEC. 2. EXTENSION OF AUTHORITY.

    (a) Authorization of Appropriations.--Section 6 of the 
Communications Act of 1934 (47 U.S.C. 156) is amended to read as 
follows:

``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for the administration of 
this Act by the Commission $186,000,000 for fiscal year 1995, together 
with such sums as may be necessary for increases resulting from 
adjustments in salary, pay, retirement, other employee benefits 
required by law, and other nondiscretionary costs, for fiscal year 
1995. Of the sum appropriated in each fiscal year under this section, a 
portion, in an amount determined under section 9(b), shall be derived 
from fees authorized by section 9.''.
    (b) Travel and Reimbursement Program.--Subsection (g) of section 4 
of the Communications Act of 1934 (47 U.S.C. 154) is amended--
            (1) by striking paragraph (2), and
            (2) by redesignating paragraph (3) as (2).
    (c) Communications Support From Older Americans.--Section 6(a) of 
the Federal Communications Commission Authorization Act of 1988 (47 
U.S.C. 154 note) is amended by striking ``fiscal years 1992 and 1993'' 
and inserting ``fiscal year 1995''.
    (d) Hawaii Monitoring Station.--Section 9(a) of the Federal 
Communications Commission Authorization Act of 1988 (Public Law 100-
594; 102 Stat. 3024) is amended by striking ``1991, 1992, 1993, and 
1994'' and inserting ``1995,''.

SEC. 3. APPLICATION FEES.

    (a) Schedule of Application Fees for PCS.--The schedule of 
application fees in section 8(g) of such Act is amended by adding, at 
the end of the portion under the heading ``common carrier services'', 
the following 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              230
            control.
        ``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''.
    (b) Vanity Call Signs.--
            (1) Lifetime license fees.--
                    (A) Amendment.--The schedule of application fees in 
                section 8(g) of such Act is further amended by adding, 
                at the end of the portion under the heading ``private 
                radio services'', the following new item:

  ``11. Amateur vanity call signs...........................  150.00''.
                    (B) Treatment of receipts.--Moneys received from 
                fees established under the amendment made by this 
                subsection shall be deposited as an offsetting 
                collection in, and credited to, the account providing 
                appropriations to carry out the functions of the 
                Commission.
            (2) Termination of annual regulatory fees.--The schedule of 
        regulatory fees in section 9(g) of such Act (47 U.S.C. 159(g)) 
        is amended by striking the following item from the fees 
        applicable to the Private Radio Bureau:

  ``Amateur vanity call-signs...............................       7''.
    (c) Description of Application Functions.--Section 8(b) of such Act 
is amended by adding at the end the following new paragraph:
    ``(3) Any fees established under this section shall be assessed and 
collected to recover the costs of performing application activities, 
including all executive and legal costs incurred by the Commission in 
the discharge of these activities.''.

SEC. 4. REGULATORY FEES.

    (a) Executive and Legal Costs.--Section 9(a)(1) of the 
Communications Act of 1934 (47 U.S.C. 159(a)(1)) is amended by 
inserting before the period at the end the following: ``, and all 
executive and legal costs incurred by the Commission in the discharge 
of these functions''.
    (b) Establishment and Adjustment.--Section 9(b) of such Act is 
amended--
            (1) in paragraph (4)(B), by striking ``90 days'' and 
        inserting ``45 days''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Effective date of adjustments.--The Commission may 
        continue to collect fees at the prior year's rate until the 
        effective date of any fee adjustment or amendment of that fee 
        under this section.''.
    (c) Regulatory Fees for Satellite TV Operations.--The schedule of 
regulatory fees in section 9(g) of such Act is amended, in the fees 
applicable to the mass media bureau, by inserting after each of the 
items pertaining to construction permits in the fees applicable to VHF 
commercial and UHF commercial TV the following new item:

  ``Terrestrial television satellite operations.............     500''.
    (d) Governmental entities use for common carrier purposes.--Section 
9(h) of such Act is amended by adding at the end the following new 
sentence: ``The exceptions provided by this subsection for governmental 
entities shall not be applicable to any services that are provided on a 
commercial basis in competition with another carrier.''.
    (e) Information Required in Connection with Adjustment of 
Regulatory Fees.--Title I of such Act is amended--
            (1) in section 9, by striking subsection (i); and
            (2) by inserting after section 9 the following new section:

``SEC. 10. ACCOUNTING SYSTEM AND ADJUSTMENT INFORMATION.

    ``(a) Accounting System Required.--The Commission shall develop 
accounting systems for the purposes of making any adjustments 
authorized by sections 8 and 9. The Commission shall annually prepare 
and submit to the Congress an analysis of such systems and shall 
annually afford interested persons the opportunity to submit comments 
concerning the allocation of the costs of performing the functions 
described in section 8(b)(3) and 9(a)(1).
    ``(b) Information Required in Connection with Adjustment of 
Application and Regulatory Fees.--
            ``(1) Schedule of requested amounts.--No later than May 1 
        of each calendar year, the Commission shall prepare and 
        transmit to the Committees of Congress responsible for the 
        Commission's authorization and appropriations a detailed 
        schedule of the amounts requested by the President's budget to 
        be appropriated for the ensuing fiscal year for the activities 
        described in sections 8(b)(3) and 9(a)(1), allocated by 
        bureaus, divisions, and offices of the Commission.
            ``(2) Explanatory statement.--If the Commission anticipates 
        increases in the application fees or regulatory fees applicable 
        to any applicant, licensee, or unit subject to payment of fees, 
        the Commission shall submit to the Congress by May 1 of such 
        calendar year a statement explaining the relationship between 
        any such increases and either (A) increases in the amounts 
        requested to be appropriated for Commission activities in 
        connection with such applicants, licensees, or units subject to 
        payment of fees, or (B) additional activities to be performed 
        with respect to such applicants, licensees, or units.
            ``(3) Definition.--For purposes of this subsection, the 
        term `amount requested by the President's budget' shall include 
        any adjustments to such requests that are made by May 1 of such 
        calendar year. If any such adjustment is made after May 1, the 
        Commission shall provide such Committees with updated schedules 
        and statements containing the information required by this 
        subsection within 10 days after the date of any such 
        adjustment.''.

SEC. 5. INSPECTION OF SHIP RADIO STATIONS.

    (a) Contracting Out Inspections.--Section 4(f)(3) of the 
Communications Act of 1934 (47 U.S.C. 154(f)(3)) is amended by adding 
at the end the following: ``Notwithstanding the preceding provisions of 
this paragraph, the Commission may designate an entity to make the 
inspections referred to in this paragraph instead of using engineers in 
charge, radio engineers, or other field employees.''.
    (b) Annual Inspection Required.--Section 362(b) of the 
Communications Act of 1934 (47 U.S.C. 360(b)) is amended--
            (1) by striking ``as may'' in the third sentence and 
        inserting ``as the Commission determines to'', and
            (2) by striking ``thereby'' in the fourth sentence and all 
        that follows and inserting the following: ``thereby--
            ``(1) waive the annual inspection required under this 
        section for a period of up to 90 days for the sole purpose of 
        enabling a vessel to complete its voyage and proceed to a port 
        in the United States where an inspection can be held, or
            ``(2) waive the annual inspection required under this 
        section for a vessel that is in compliance with the radio 
        provisions of the Safety Convention and that is operating 
        solely in waters beyond the jurisdiction of the United States, 
        but the inspection shall be performed within 30 days after the 
        vessel's return to the United States.''.
    (c) Conforming Amendment.--Section 385 of the Communications Act of 
1934 (47 U.S.C. 385) is amended--
            (1) by inserting ``or an entity designated by the 
        Commission'' after ``Commission'', and
            (2) by striking out ``as may'' and inserting ``as the 
        Commission determines to''.

SEC. 6. EXPEDITED ITFS PROCESSING.

    Section 5(c)(1) of the Communications Act of 1934 (47 U.S.C. 
155(c)(1)) is amended by striking the last sentence and inserting the 
following: ``Except for cases involving the authorization of service in 
the Instructional Television Fixed Service, or as otherwise provided in 
this Act, nothing in this paragraph shall authorize the Commission to 
provide for the conduct, by any person or persons other than persons 
referred to in paragraph (2) or (3) of section 556(b) of title 5, 
United States Code, of any hearing to which such section applies.''.

SEC. 7. TARIFF REJECTION AUTHORITY.

    Section 203(d) of the Communications Act of 1934 (47 U.S.C. 203(d)) 
is amended by inserting after the first sentence the following new 
sentences: ``The Commission may, after affording interested parties an 
opportunity to comment, reject a proposed tariff filing in whole or in 
part, if the filing or any part thereof is patently unlawful. In 
evaluating whether a proposed tariff filing is patently unlawful, the 
Commission may consider additional information filed by the carrier or 
any interested party and shall presume the facts alleged by the carrier 
to be true.''.

SEC. 8. REFUND AUTHORITY.

    Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) 
is amended by adding at the end thereof the following new section:

``SEC. 230. REFUND AUTHORITY.

    ``In addition to any other provision of this Act under which the 
Commission may order refunds, the Commission may require by order the 
refund of such portion of any charge by any carrier or carriers as 
results from a violation of sections 220 (a), (b), or (d) or 221 (c) or 
(d) or of any of the rules promulgated pursuant to such sections or 
pursuant to sections 215, 218, or 219. Such refunds shall be ordered 
only to the extent that the Commission or a court finds that such 
violation resulted in unlawful charges and shall be made to such 
persons or classes of persons as the Commission determines reasonably 
represent the persons from whom amounts were improperly received by 
reason of such violation. No refunds shall be required under this 
section unless--
            ``(1) the Commission issues an order advising the carrier 
        of its potential refund liability and provides the carrier with 
        an opportunity to file written comments as to why refunds 
        should not be required; and
            ``(2) such order is issued not later than 5 years after the 
        date the charge was paid.
In the case of a continuing violation, a violation shall be considered 
to occur on each date that the violation is repeated.''.

SEC. 9. LICENSING OF AVIATION, MARITIME, AND PERSONAL RADIO SERVICES BY 
              RULE.

    Section 307(e) of the Communications Act of 1934 (47 U.S.C. 307(e)) 
is amended to read as follows:
    ``(e)(1) Notwithstanding any license requirement established in 
this Act, if the Commission determines that such authorization serves 
the public interest, convenience, and necessity, the Commission may by 
rule authorize the operation of radio stations without individual 
licenses in the following radio services: (A) the personal radio 
services; (B) the aviation radio service for aircraft stations operated 
on domestic flights when such aircraft are not otherwise required to 
carry a radio station; and (C) the maritime radio service for ship 
stations navigated on domestic voyages when such ships are not 
otherwise required to carry a radio station.
    ``(2) Any radio station operator who is authorized by the 
Commission to operate without an individual license shall comply with 
all other provisions of this Act and with rules prescribed by the 
Commission under this Act.
    ``(3) For purposes of this subsection, the terms `personal radio 
services', `aircraft station', and `ship station' shall have the 
meanings given them by the Commission by rule, except that the term 
`personal radio services' shall not include the amateur service.''.

SEC. 10. AUCTION TECHNICAL AMENDMENTS.

    Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)) is amended--
            ``(1) by inserting ``are authorized to remain available 
        until expended and'' after ``Such offsetting collections'' in 
        the second sentence of subparagraph (B), and
            ``(2) by adding at the end thereof the following:
            ``(C) Revenues on deposit.--The Commission is authorized, 
        based on the competitive bidding methodology selected, to 
        provide for the deposit of monies for bids in an interest-
        bearing account until such time as the Commission accepts a 
        deposit from the high bidder. All interest earned on bid monies 
        received from the winning bidder shall be deposited into the 
        general fund of the Treasury. All interest earned on bid monies 
        deposited from unsuccessful bidders shall be paid to those 
        bidders, less any applicable fees and penalties.''.

SEC. 11. FORFEITURES FOR VIOLATIONS IMPERILING SAFETY OF LIFE.

    (a) Administrative Sanctions.--Section 312(a) of the Communications 
Act of 1934 (47 U.S.C. 312(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(8) for failure to comply with any requirement of this 
        Act or the Commission's rules that imperils the safety of 
        life.''.
    (b) Forfeitures.--Section 503(b)(1) of such Act (47 U.S.C. 
503(b)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by striking the semicolon at the end of subparagraph 
        (D) and inserting ``; or''; and
            (3) by adding after subparagraph (D) the following new 
        subparagraph:
            ``(E) failed to comply with any requirement of this Act or 
        the Commission's rules that imperils the safety of life;''.

SEC. 12. USE OF EXPERTS AND CONSULTANTS.

    Section 4(f)(1) of the Communications Act of 1934 (47 U.S.C. 154) 
is amended by adding at the end thereof the following: ``The Commission 
may also procure the services of experts and consultants in accordance 
with section 3109 of title 5, United States Code, relating to 
appointments in the Federal Service, at rates of compensation for 
individuals not to exceed the daily rate equivalent to the maximum rate 
payable for senior-level positions under section 5276 of title 5, 
United States Code.''.

SEC. 13. STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS AGAINST 
              COMMON CARRIERS.

    Section 503(b)(6) of the Communications Act of 1934 (47 U.S.C. 
503(b)(6)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by inserting ``and is not a common carrier'' after 
        ``title III of this Act'' in subparagraph (B);
            (3) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (4) by inserting after subparagraph (A) the following new 
        subparagraph:
            ``(B) such person is a common carrier and the required 
        notice of apparent liability is issued more than 5 years after 
        the date the violation charged occurred; or''.

SEC. 14. UTILIZATION OF FM BAND FOR ASSISTIVE DEVICES FOR HEARING 
              IMPAIRED INDIVIDUALS.

    Within 6 months after the date of enactment of this Act, the 
Federal Communications Commission shall report to the Congress on the 
existing and future use of the FM band to facilitate the use of 
auditory assistive devices for individuals with hearing impairments. In 
preparing such report, the Commission shall consider--
            (1) the potential for utilizing FM band auditory assistive 
        devices to comply with the Americans with Disabilities Act;
            (2) the impact on such compliance of the vulnerability of 
        such devices to harmful interference from radio licensees; and
            (3) alternative frequency allocations that could facilitate 
        such compliance.

SEC. 15. TECHNICAL AMENDMENT.

    Section 302(d)(1) of the Communications Act of 1934 (47 U.S.C. 
309(d)(1)) is amended--
            (1) in subparagraph (A), by striking ``allocated to the 
        domestic cellular radio telecommunications service'' and 
        inserting ``utilized to provide commercial mobile service (as 
        defined in section 332(d))''; and
            (2) in subparagraph (C), by striking ``cellular'' and 
        inserting ``commercial mobile service''.

            Passed the House of Representatives October 7, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```