U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–251 

Calendar No. 521 

FCC COMMISSIONERS’ TECHNICAL 

RESOURCE ENHANCEMENT ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2881 

AUGUST 5, 2010.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

BRUCE ANDREWS, General Counsel 

ANN BEGEMAN, Republican Staff Director 

BRIAN HENDRICKS, Republican General Counsel 

TODD BERTOSON, Republican Senior Counsel 


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Calendar No. 521 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–251 

FCC COMMISSIONERS’ TECHNICAL RESOURCE 

ENHANCEMENT ACT 

AUGUST 5, 2010.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2881] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2881) to examine and provide technical resources to the Federal Communications Commission (FCC 

or Commission), having considered the same, reports favorably 

thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 2881 is to allow each FCC Commissioner to appoint an electrical engineer or computer scientist to provide the 

Commissioner technical consultation and to direct the FCC Chairman to enter into an arrangement with the National Academy of 

Sciences to analyze the FCC’s technical policy decision making and 

personnel. 

BACKGROUND AND NEEDS

The Communications Act of 1934 (47 U.S.C. 154(f)(2)) (Communications Act) currently allows each FCC Commissioner to hire 

three professional assistants and a secretary, but the Communications Act does not specifically require that those assistants have 

technical expertise. The Communications Act Amendments, 1952, 

also known as the McFarland Amendments, amended the Communications Act of 1934 to allow FCC Commissioners to appoint an 

engineering assistant (along with a legal assistant and a secretary) 

to their staffs. The Communications Amendments Act of 1982 


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eliminated that provision, and instead allowed each Commissioner 

to hire three professional assistants. With the rapid advancement 

of technologies within the telecommunications industry, it is important that the Commission has the necessary technical expertise to 

make well-informed regulatory decisions. S. 2881 would address 

this need in two ways. First, the bill would amend the Communications Act to allow each FCC Commissioner specific authority to appoint an electrical engineer or computer scientist to his or her personal staff to provide the Commissioner with individual technical 

consultation. This electrical engineer or computer scientist would 

be in addition to the four other staffers provided to each Commissioner under current law. Second, S. 2881 would direct the FCC 

Chairman to enter into an agreement with the National Academy 

of Sciences to complete a study examining the adequacy of the 

FCC’s technical and engineering resources and policy decisions. 

LEGISLATIVE HISTORY

S. 2881 was introduced on December 14, 2009, by Senator Olympia Snowe (with Senator Mark Warner as an original cosponsor) 

and was subsequently referred to the Committee on Commerce, 

Science, and Transportation. Senators Kaufman and Kerry also cosponsored the bill. On March 24, 2010, the Committee met in executive session and, by voice vote, ordered S. 2881 reported with an 

amendment in the nature of a substitute. 

The amendment incorporated S. 3042, a bill to provide for a 

study by the National Academy of Sciences on the technical policy 

decisions and technical personnel at the Federal Communications 

Commission. S. 3042 was introduced by Senator Snowe and Senator Kaufman on February 25, 2010, and was referred to the Committee on Commerce, Science, and Transportation. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

APRIL 6, 2010. 

Hon. JOHN D. ROCKEFELLER IV, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2881, the FCC Commissioners’ Technical Resource Enhancement Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 2881—FCC Commissioners’ Technical Resource Enhancement 

Act 

Summary: S. 2881 would authorize each Commissioner of the 

Federal Communications Commission (FCC) to appoint an electrical engineer or computer scientist to his or her staff. The bill 


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also would authorize the appropriation of $1 million for fiscal years 

2011 and 2012 for the FCC, in cooperation with the National Academy of Sciences, to undertake a study of the adequacy of the FCC’s 

technical and engineering resources to support decision making. 

Based on information from the FCC, CBO estimates that implementing S. 2881 would cost $7 million over the 2011–2015 period, 

assuming appropriation of the necessary amounts. Pay-as-you-go 

procedures do not apply to this legislation because it would not affect direct spending or revenues. 

S. 2881 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 2881 is shown in the following table. The costs 

of this legislation fall within budget function 370 (commerce and 

housing credit). 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011– 

2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 2 2 1 1 1 7 

Estimated Outlays ........................................................................ 2 2 1 1 1 7 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted near the end of fiscal year 2010, that the necessary 

amounts will be appropriated each year, and that spending will follow historical patterns for similar activities. 

S. 2881 would authorize the FCC to appoint an electrical engineer or computer scientist to the staff of each of the agency’s Commissioners. The bill also would authorize the appropriation of $1 

million in fiscal years 2011 and 2012 to evaluate the Commission’s 

technical and engineering resources to determine whether it has 

adequate resources to evaluate the technical aspects of its rulemaking decisions. 

Based on information from the FCC, CBO estimates that implementing S. 2881 would increase spending subject to appropriation 

by $7 million over the 2011–2015 period. Approximately $1 million 

per year would be attributed to cost of salaries and overhead for 

the Commissioners’ additional staff 

Pay-As-You-Go Considerations: None. 

Intergovernmental and private-sector impact: S. 2881 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would not affect the budgets of state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Susan Willie; Impact on 

State, Local, and Tribal Governments: Elizabeth Cove Delisle; Impact on the Private Sector: Sam Wice. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 2881 is not expected to subject any private individuals or businesses to new regulations. 

ECONOMIC IMPACT

S. 2881 is not expected to have an adverse impact on the nation’s 

economy. 

PRIVACY

S. 2881 is not expected to have an adverse effect on the personal 

privacy of any individuals. 

PAPERWORK

S. 2881 is not expected to increase current paperwork levels on 

private individuals or businesses. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no items contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title. 

Section 1 would establish the short title of the Act as the FCC 

Commissioners’ Technical Resource Enhancement Act. 

Section 2. Appointment of Technical Staff. 

This section would amend section 4(f)(2) of the Communications 

Act of 1934 to allow each FCC Commissioner to appoint an electrical engineer or computer scientist to provide the Commissioner 

technical consultation. The appointed party also would interface 

with the Office of Engineering and Technology, Commission Bureaus, and other technical staff of the Commission for additional 

technical input and resources. The appointed party would be required to hold an undergraduate or graduate degree in their related field of expertise from an institution of higher education. 

Section 3. Technical Policy and Personnel Study. 

This section would require the FCC Chairman to enter into an 

agreement with the National Academy of Sciences to complete a 

study on the technical policy decisions and technical personnel at 

the FCC. The study would review technical policy decision making 

of the FCC, including whether the FCC has adequate resources and 

processes in place to properly evaluate and account for the technical aspects and impact of the Commission’s regulatory rulemaking. It would also review the timeliness of the rulemaking 


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process used by the FCC and the impact of regulatory delay on 

telecommunications innovation and would make recommendations 

for the Commission to streamline its rulemaking process. 

This section would also require that the study evaluate current 

FCC staffing levels and skill sets of technical personnel to determine if such staffing and skills are aligned with the current and 

future needs of the FCC. This section would also require that the 

study examine current recruiting procedures and make recommendations on how the Commission can improve its efforts to 

hire and retain engineers and technical staff members. 

This section would further require that the study include a comparison of the decision making process of the Commission with the 

decision making process used by similar regulatory authorities in 

other industrialized countries, including the European Union, 

Japan, Canada, Australia, and the United Kingdom. 

This section would also require that the Commission transmit a 

report describing the results of the study and the recommendations 

issued pursuant to this Act to the Senate Committee on Commerce, 

Science, and Transportation and the House of Representatives 

Committee on Energy and Commerce not later than 18 months 

after the date of enactment of the bill. 

This section also would authorize $1,000,000 to be appropriated 

to the Chairman of the FCC for fiscal years 2011 and 2012 for the 

purpose of carrying out this section. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

COMMUNICATIONS ACT OF 1934 

SEC. 4. PROVISIONS RELATING TO THE COMMISSION. 

[47 U.S.C. 154] 

(a) The Federal Communications Commission (in this Act referred to as the ‘‘Commission’’) shall be composed of five Commissioners appointed by the President, by and with the advice and 

consent of the Senate, one of whom the President shall designate 

as chairman. 

(b)(1) Each member of the Commission shall be a citizen of the 

United States. 

(2)(A) No member of the Commission or person employed by the 

Commission shall— 

(i) be financially interested in any company or other entity 

engaged in the manufacture or sale of telecommunications 

equipment which is subject to regulation by the Commission; 

(ii) be financially interested in any company or other entity 

engaged in the business of communication by wire or radio or 

in the use of the electromagnetic spectrum; 

(iii) be financially interested in any company or other entity 

which controls any company or other entity specified in clause 

(i) or clause (ii), or which derives a significant portion of its 


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total income from ownership of stocks, bonds, or other securities of any such company or other entity; or 

(iv) be employed by, hold any official relation to, or own any 

stocks, bonds, or other securities of, any person significantly 

regulated by the Commission under this Act; 

except that the prohibitions established in this subparagraph shall 

apply only to financial interests in any company or other entity 

which has a significant interest in communications, manufacturing, 

or sales activities which are subject to regulation by the Commission. 

(B)(i) The Commission shall have authority to waive, from time 

to time, the application of the prohibitions established in subparagraph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are 

involved in a particular case are minimal, except that such waiver 

authority shall be subject to the provisions of section 208 of title 

18, United States Code. The waiver authority established in this 

subparagraph shall not apply with respect to members of the 

Commission. 

(ii) In any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall 

publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each 

House of the Congress. Each such notice shall include information 

regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests 

which are the subject of the waiver. 

(3) The Commission, in determining whether a company or other 

entity has a significant interest in communications, manufacturing, 

or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)— 

(A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or 

sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or 

other entity; 

(B) the extent to which the Commission regulates and oversees the activities of such company or other entity; 

(C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and 

(D) the perceptions held by the public regarding the business 

activities of such company or other entity. 

(4) Members of the Commission shall not engage in any other 

business, vocation, profession, or employment while serving as such 

members. 

(5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the 

least number of commissioners which constitutes a majority of the 

full membership of the Commission. 

(c) Commissioners shall be appointed for terms of five years and 

until their successors are appointed and have been confirmed and 

taken the oath of office, except that they shall not continue to serve 

beyond the expiration of the next session of Congress subsequent 

to the expiration of said fixed term of office; except that any person 


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chosen to fill a vacancy shall be appointed only for the unexpired 

term of the Commissioner whom he succeeds. No vacancy in the 

Commission shall impair the right of the remaining commissioners 

to exercise all the powers of the Commission. 

(d) Each Commissioner shall receive an annual salary at the annual rate payable from time to time for level IV of the Executive 

Schedule, payable in monthly installments. The Chairman of the 

Commission, during the period of his service as Chairman, shall receive an annual salary at the annual rate payable from time to 

time for level III of the Executive Schedule. 

(e) The principal office of the Commission shall be in the District 

of Columbia, where its general sessions shall be held; but whenever 

the convenience of the public or of the parties may be promoted or 

delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. 

(f)(1) The Commission shall have authority, subject to the provisions of the civil-service laws and the Classification Act of 1949, as 

amended, to appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary 

in the exercise of its functions. 

(2) Without regard to the civil-service laws, but subject to the 

Classification Act of 1949, each commissioner may appoint three 

professional assistants and a secretary, each of whom shall perform 

such duties as such commissioner shall direct. Each commissioner 

may also appoint an electrical engineer or computer scientist to provide the commissioner technical consultation when appropriate and 

to interface with the Office of Engineering and Technology, Commission Bureaus, and other technical staff of the Commission for additional technical input and resources, provided that such engineer or 

scientist holds an undergraduate or graduate degree from an institution of higher education in their respective field of expertise. In 

addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act 

of 1949, an administrative assistant who shall perform such duties 

as the chairman shall direct. 

(3) The Commission shall fix a reasonable rate of extra compensation for overtime services of engineers in charge and radio engineers of the Field Engineering and Monitoring Bureau of the 

Federal Communications Commission, who may be required to remain on duty between the hours of 5 o’clock postmeridian and 8 

o’clock antemeridian or on Sundays or holidays to perform services 

in connection with the inspection of ship radio equipment and apparatus for the purposes of part II of title III of this Act or the 

Great Lakes Agreement, on the basis of one-half day’s additional 

pay for each two hours or fraction thereof of at least one hour that 

the overtime extends beyond 5 o’clock postmeridian (but not to exceed two and one-half days’ pay for the full period from 5 o’clock 

postmeridian to 8 o’clock antemeridian) and two additional days’ 

pay for Sunday or holiday duty. The said extra compensation for 

overtime services shall be paid by the master, owner, or agent of 

such vessel to the local United States collector of customs or his 

representative, who shall deposit such collection into the Treasury 

of the United States to an appropriately designated receipt account: 

Provided, That the amounts of such collections received by the said 

collector of customs or his representatives shall be covered into the 


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Treasury as miscellaneous receipts; and the payments of such extra 

compensation to the several employees entitled thereto shall be 

made from the annual appropriations for salaries and expenses of 

the Commission: Provided further, That to the extent that the annual appropriations which are hereby authorized to be made from 

the general fund of the Treasury are insufficient, there are hereby 

authorized to be appropriated from the general fund of the Treasury such additional amounts as may be necessary to the extent 

that the amounts of such receipts are in excess of the amounts appropriated: Provided further, That such extra compensation shall 

be paid if such field employees have been ordered to report for duty 

and have so reported whether the actual inspection of the radio 

equipment or apparatus takes place or not: And provided further, 

That in those ports where customary working hours are other than 

those hereinabove mentioned, the engineers in charge are vested 

with authority to regulate the hours of such employees so as to 

agree with prevailing working hours in said ports where inspections are to be made, but nothing contained in this proviso shall 

be construed in any manner to alter the length of a working day 

for the engineers in charge and radio engineers or the overtime pay 

herein fixed: and Provided further, That, in the alternative, an entity designated by the Commission may make the inspections 

referred to in this paragraph. 

(4)(A) The Commission, for purposes of preparing or administering any examination for an amateur station operator license, 

may accept and employ the voluntary and uncompensated services 

of any individual who holds an amateur station operator license of 

a higher class than the class of license for which the examination 

is being prepared or administered. In the case of examinations for 

the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who 

holds such class of license. 

(B)(i) The Commission, for purposes of monitoring violations of 

any provision of this Act (and of any regulation prescribed by the 

Commission under this Act) relating to the amateur radio service, 

may— 

(I) recruit and train any individual licensed by the Commission to operate an amateur station; and 

(II) accept and employ the voluntary and uncompensated 

services of such individual. 

(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, 

and summarizing violation reports referred under clause (i), may 

accept and employ the voluntary and uncompensated services of 

any amateur station operator organization. 

(iii) The functions of individuals recruited and trained under this 

subparagraph shall be limited to— 

(I) the detection of improper amateur radio transmissions; 

(II) the conveyance to Commission personnel of information 

which is essential to the enforcement of this Act (or regulations 

prescribed by the Commission under this Act) relating to the 

amateur radio service; and 

(III) issuing advisory notices, under the general direction of 

the Commission, to persons who apparently have violated any 


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provision of this Act (or regulations prescribed by the Commission under this Act) relating to the amateur radio service. 

Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue 

sanctions to violators or to take any enforcement action other than 

any action which the Commission may prescribe by rule. 

(C)(i) The Commission, for purposes of monitoring violations of 

any provision of this Act (and of any regulation prescribed by the 

Commission under this Act) relating to the citizens band radio 

service, may— 

(I) recruit and train any citizens band radio operator; and 

(II) accept and employ the voluntary and uncompensated 

services of such operator. 

(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, 

and summarizing violation reports referred under clause (i), may 

accept and employ the voluntary and uncompensated services of 

any citizens band radio operator organization. The Commission, in 

accepting and employing services of individuals under this subparagraph, shall seek to achieve a broad representation of individuals and organizations interested in citizens band radio operation. 

(iii) The functions of individuals recruited and trained under this 

subparagraph shall be limited to— 

(I) the detection of improper citizens band radio transmissions; 

(II) the conveyance to Commission personnel of information 

which is essential to the enforcement of this Act (or regulations 

prescribed by the Commission under this Act) relating to the 

citizens band radio service; and 

(III) issuing advisory notices, under the general direction of 

the Commission, to persons who apparently have violated any 

provision of this Act (or regulations prescribed by the Commission under this Act) relating to the citizens band radio service. 

Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue 

sanctions to violators or to take any enforcement action other than 

any action which the Commission may prescribe by rule. 

(D) The Commission shall have the authority to endorse certification of individuals to perform transmitter installation, operation, 

maintenance, and repair duties in the private land mobile services 

and fixed services (as defined by the Commission by rule) if such 

certification programs are conducted by organizations or committees which are representative of the users in those services and 

which consist of individuals who are not officers or employees of 

the Federal Government. 

(E) The authority of the Commission established in this paragraph shall not be subject to or affected by the provisions of part 

III of title 5, United States Code, or section 3679(b) of the Revised 

Statutes (31 U.S.C. 665(b)). 

(F) Any person who provides services under this paragraph shall 

not be considered, by reason of having provided such services, a 

Federal employee. 

(G) The Commission, in accepting and employing services of individuals under subparagraphs (A) and (B), shall seek to achieve a 


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broad representation of individuals and organizations interested in 

amateur station operation. 

(H) The Commission may establish rules of conduct and other 

regulations governing the service of individuals under this paragraph. 

(I) With respect to the acceptance of voluntary uncompensated 

services for the preparation, processing, or administration of examinations for amateur station operator licenses, pursuant to subparagraph (A) of this paragraph, individuals, or organizations which 

provide or coordinate such authorized volunteer services may recover from examinees reimbursement for out-of-pocket costs. 

(5)(A) The Commission, for purposes of preparing and administering any examination for a commercial radio operator license or 

endorsement, may accept and employ the services of persons that 

the Commission determines to be qualified. Any person so employed may not receive compensation for such services, but may recover from examinees such fees as the Commission permits, considering such factors as public service and cost estimates submitted 

by such person. 

(B) The Commission may prescribe regulations to select, oversee, 

sanction, and dismiss any person authorized under this paragraph 

to be employed by the Commission. 

(C) Any person who provides services under this paragraph or 

who provides goods in connection with such services shall not, by 

reason of having provided such service or goods, be considered a 

Federal or special government employee. 

(g)(1) The Commission may make such expenditures (including 

expenditures for rent and personal services at the seat of government and elsewhere, for office supplies, lawbooks, periodicals, and 

books of reference, for printing and binding, for land for use as 

sites for radio monitoring stations and related facilities, including 

living quarters where necessary in remote areas, for the construction of such stations and facilities, and for the improvement, furnishing, equipping, and repairing of such stations and facilities and 

of laboratories and other related facilities (including construction of 

minor subsidiary buildings and structures not exceeding $25,000 in 

any one instance) used in connection with technical research activities), as may be necessary for the execution of the functions vested 

in the Commission and as may be appropriated for by the Congress 

in accordance with the authorizations of appropriations established 

in section 6. All expenditures of the Commission, including all necessary expenses for transportation incurred by the commissioners 

or by their employees, under their orders, in making any investigation or upon any official business in any other places than in the 

city of Washington, shall be allowed and paid on the presentation 

of itemized vouchers therefor approved by the chairman of the 

Commission or by such other members or officer thereof as may be 

designated by the Commission for that purpose. 

(2)(A) If— 

(i) the necessary expenses specified in the last sentence of 

paragraph (1) have been incurred for the purpose of enabling 

commissioners or employees of the Commission to attend and 

participate in any convention, conference, or meeting; 

(ii) such attendance and participation are in furtherance of 

the functions of the Commission; and 


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(iii) such attendance and participation are requested by the 

person sponsoring such convention, conference, or meeting; 

then the Commission shall have authority to accept direct reimbursement from such sponsor for such necessary expenses. 

(B) The total amount of unreimbursed expenditures made by the 

Commission for travel for any fiscal year, together with the total 

amount of reimbursements which the Commission accepts under 

subparagraph (A) for such fiscal year, shall not exceed the level of 

travel expenses appropriated to the Commission for such fiscal 

year. 

(C) The Commission shall submit to the appropriate committees 

of the Congress, and publish in the Federal Register, quarterly reports specifying reimbursements which the Commission has accepted under this paragraph. 

(D) The provisions of this paragraph shall cease to have any force 

or effect at the end of fiscal year 1994. 

(E) Funds which are received by the Commission as reimbursements under the provisions of this paragraph after the close of a 

fiscal year shall remain available for obligation. 

(3)(A) Notwithstanding any other provision of law, in furtherance 

of its functions the Commission is authorized to accept, hold, administer, and use unconditional gifts, donations, and bequests of 

real, personal, and other property (including voluntary and uncompensated services, as authorized by section 3109 of title 5, United 

States Code). 

(B) The Commission, for purposes of providing radio club and 

military-recreational call signs, may utilize the voluntary, uncompensated, and unreimbursed services of amateur radio organizations authorized by the Commission that have tax-exempt status 

under section 501(c)(3) of the Internal Revenue Code of 1986. 

(C) For the purpose of Federal law on income taxes, estate taxes, 

and gift taxes, property or services accepted under the authority of 

subparagraph (A) shall be deemed to be a gift, bequest, or devise 

to the United States. 

(D) The Commission shall promulgate regulations to carry out 

the provisions of this paragraph. Such regulations shall include 

provisions to preclude the acceptance of any gift, bequest, or donation that would create a conflict of interest or the appearance of a 

conflict of interest. 

(h) Three members of the Commission shall constitute a quorum 

thereof. The Commission shall have an official seal which shall be 

judicially noticed. 

(i) The Commission may perform any and all acts, make such 

rules and regulations, and issue such orders, not inconsistent with 

this Act, as may be necessary in the execution of its functions. 

(j) The Commission may conduct its proceedings in such manner 

as will best conduce to the proper dispatch of business and to the 

ends of justice. No commissioner shall participate in any hearing 

or proceeding in which he has a pecuniary interest. Any party may 

appear before the Commission and be heard in person or by attorney. Every vote and official act of the Commission shall be entered 

of record, and its proceedings shall be public upon the request of 

any party interested. The Commission is authorized to withhold 

publication of records or proceedings containing secret information 

affecting the national defense. 


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(k) The Commission shall make an annual report to Congress, 

copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain— 

(1) such information and data collected by the Commission 

as may be considered of value in the determination of questions connected with the regulation of interstate and foreign 

wire and radio communication and radio transmission of energy; 

(2) such information and data concerning the functioning of 

the Commission as will be of value to Congress in appraising 

the amount and character of the work and accomplishments of 

the Commission and the adequacy of its staff and equipment; 

(3) an itemized statement of all funds expended during the 

preceding year by the Commission, of the sources of such 

funds, and of the authority in this Act or elsewhere under 

which such expenditures were made; and 

(4) specific recommendations to Congress as to additional 

legislation which the Commission deems necessary or desirable, including all legislative proposals submitted for approval 

to the Director of the Office of Management and Budget. 

(l) All reports of investigations made by the Commission shall be 

entered of record, and a copy thereof shall be furnished to the party 

who may have complained, and to any common carrier or licensee 

that may have been complained of. 

(m) The Commission shall provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications 

shall be competent evidence of the reports and decisions of the 

Commission therein contained in all courts of the United States 

and of the several States without any further proof or authentication thereof. 

(n) Rates of compensation of persons appointed under this section 

shall be subject to the reduction applicable to officers and employees of the Federal Government generally. 

(o) For the purpose of obtaining maximum effectiveness from the 

use of radio and wire communications in connection with safety of 

life and property, the Commission shall investigate and study all 

phases of the problem and the best methods of obtaining the cooperation and coordination of these systems. 

Æ 


jlentini on DSKJ8SOYB1PROD with HROC