IB 
Union Calendar No. 445 
115TH CONGRESS 
2D SESSION 
H. R. 4986 
[Report No. 115–587, Part I] 
To amend the Communications Act of 1934 to reauthorize appropriations 
for the Federal Communications Commission, to provide for certain pro-
cedural changes to the rules of the Commission to maximize opportunities 
for public participation and efficient decisionmaking, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2018 
Mrs. BLACKBURN introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Transportation and Infrastructure, and Oversight and Government 
Reform, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
MARCH 6, 2018 
Additional sponsor: Mr. WALDEN 
MARCH 6, 2018 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MARCH 6, 2018 
The Committees on Transportation and Infrastructure and Oversight and 
Government Reform discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on February 8, 2018] 
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A BILL 
To amend the Communications Act of 1934 to reauthorize 
appropriations for the Federal Communications Commis-
sion, to provide for certain procedural changes to the 
rules of the Commission to maximize opportunities for 
public participation and efficient decisionmaking, and for 
other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Re-
pack Airwaves Yielding Better Access for Users of Modern 
Services Act of 2018’’ or the ‘‘RAY BAUM’S Act of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Commission defined. 
TITLE I—FCC REAUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Application and regulatory fees. 
Sec. 103. Effective date. 
TITLE II—FCC PROCESS REFORM 
Sec. 201. FCC process reform. 
Sec. 202. Categorization of TCPA inquiries and complaints in quarterly report. 
Sec. 203. Effect on other laws. 
Sec. 204. Application of Antideficiency Act to Universal Service Program. 
Sec. 205. Report on improving small business participation in FCC proceedings. 
Sec. 206. Timely availability of items adopted by vote of the Commission. 
TITLE III—SECURING ACCESS TO NETWORKS IN DISASTERS 
Sec. 301. Study on network resiliency. 
Sec. 302. Access to essential service providers during federally declared emer-
gencies. 
Sec. 303. Definitions. 
TITLE IV—FCC CONSOLIDATED REPORTING 
Sec. 401. Communications marketplace report. 
Sec. 402. Consolidation of redundant reports; conforming amendments. 
Sec. 403. Effect on authority. 
Sec. 404. Other reports. 
TITLE V—ADDITIONAL PROVISIONS 
Sec. 501. Independent Inspector General for FCC. 
Sec. 502. Authority of Chief Information Officer. 
Sec. 503. Spoofing prevention. 
Sec. 504. Report on promoting broadband Internet access service for veterans. 
Sec. 505. Methodology for collection of mobile service coverage data. 
Sec. 506. Accuracy of dispatchable location for 9-1-1 calls. 
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Sec. 507. NTIA study on interagency process following cybersecurity incidents. 
Sec. 508. Tribal digital access. 
TITLE VI—VIEWER PROTECTION 
Sec. 601. Reserve source for payment of TV broadcaster relocation costs. 
Sec. 602. Payment of relocation costs of television translator stations and low 
power television stations. 
Sec. 603. Payment of relocation costs of FM broadcast stations. 
Sec. 604. Consumer education payment. 
Sec. 605. Implementation and enforcement. 
Sec. 606. Rule of construction. 
SEC. 2. COMMISSION DEFINED. 
In this Act, the term ‘‘Commission’’ means the Federal 
Communications Commission. 
TITLE I—FCC 
REAUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 6 of the Communications 
Act of 1934 (47 U.S.C. 156) is amended to read as follows: 
‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) AUTHORIZATION.—There are authorized to be ap-
propriated to the Commission to carry out the functions 
of the Commission $322,035,000 for each of the fiscal years 
2019 and 2020. 
‘‘(b) OFFSETTING COLLECTIONS.— 
‘‘(1) IN
GENERAL.—The sum appropriated in 
any fiscal year to carry out the activities described in 
subsection (a), to the extent and in the amounts pro-
vided for in advance in Appropriations Acts, shall be 
derived from fees authorized by section 9. 
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(3) in clause (ii), by striking ‘‘; and’’ and insert-
ing ‘‘, and payments representing the return of such 
deposits shall not be subject to administrative offset 
under section 3716(c) of title 31, United States 
Code.’’; and 
(4) by striking clause (iii). 
(c) ELIMINATION OF DUPLICATIVE AUTHORIZATION OF 
APPROPRIATIONS.— 
(1) IN
GENERAL.—Section 710 of the Tele-
communications Act of 1996 (Public Law 104–104) is 
repealed. 
(2) CONFORMING
AMENDMENT.—The table of 
contents in section 2 of such Act is amended by strik-
ing the item relating to section 710. 
(d) TRANSFER OF FUNDS.—On the effective date de-
scribed in section 103, any amounts in the account pro-
viding appropriations to carry out the functions of the 
Commission that were collected in excess of the amounts 
provided for in Appropriations Acts in any fiscal year 
prior to such date shall be transferred to the general fund 
of the Treasury of the United States for the sole purpose 
of deficit reduction. 
SEC. 102. APPLICATION AND REGULATORY FEES. 
(a) IN GENERAL.—Section 9 of the Communications 
Act of 1934 (47 U.S.C. 159) is amended to read as follows: 
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‘‘SEC. 9. APPLICATION AND REGULATORY FEES. 
‘‘(a) GENERAL AUTHORITY.—The Commission shall 
assess and collect application fees and regulatory fees to re-
cover the costs of carrying out the activities described in 
section 6(a) only to the extent and in the amounts provided 
for in advance in Appropriations Acts. 
‘‘(b) APPLICATION FEES.— 
‘‘(1) IN GENERAL.—The Commission shall assess 
and collect application fees at such rates as the Com-
mission shall establish in a schedule of application 
fees to recover the costs of the Commission to process 
applications. 
‘‘(2) ADJUSTMENT OF SCHEDULE.— 
‘‘(A) IN GENERAL.—In every even-numbered 
year, the Commission shall review the schedule of 
application fees established under this subsection 
and, except as provided in subparagraph (B), set 
a new amount for each fee in the schedule that 
is equal to the amount of the fee on the date 
when the fee was established or the date when the 
fee was last amended under paragraph (3), 
whichever is later— 
‘‘(i) increased or decreased by the per-
centage change in the Consumer Price Index 
during the period beginning on such date 
and ending on the date of the review; and 
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‘‘(ii) rounded to the nearest $5 incre-
ment. 
‘‘(B) THRESHOLD FOR ADJUSTMENT.—The 
Commission may not adjust a fee under sub-
paragraph (A) if— 
‘‘(i) in the case of a fee the current 
amount of which is less than $200, the ad-
justment would result in a change in the 
current amount of less than $10; or 
‘‘(ii) in the case of a fee the current 
amount of which is $200 or more, the ad-
justment would result in a change in the 
current amount of less than 5 percent. 
‘‘(C) CURRENT AMOUNT DEFINED.—In sub-
paragraph (B), the term ‘current amount’ 
means, with respect to a fee, the amount of the 
fee on the date when the fee was established, the 
date when the fee was last adjusted under sub-
paragraph (A), or the date when the fee was last 
amended under paragraph (3), whichever is lat-
est. 
‘‘(3) AMENDMENTS.—In addition to the adjust-
ments required by paragraph (2), the Commission 
shall by rule amend the schedule of application fees 
established under this subsection if the Commission 
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determines that the schedule requires amendment so 
that such fees reflect increases or decreases in the costs 
of processing applications at the Commission and the 
consolidation or addition of new categories of appli-
cations. 
‘‘(c) REGULATORY FEES.— 
‘‘(1) IN GENERAL.—The Commission shall assess 
and collect regulatory fees at such rates as the Com-
mission shall establish in a schedule of regulatory fees 
that will result in the collection, in each fiscal year, 
of an amount that can reasonably be expected to 
equal the difference between— 
‘‘(A) the amounts described in subsection 
(a) with respect to such fiscal year; and 
‘‘(B) the amount of application fees reason-
ably expected to be collected in such fiscal year. 
‘‘(2) ADJUSTMENT OF SCHEDULE.— 
‘‘(A) IN GENERAL.—For each fiscal year, 
the Commission shall by rule adjust the schedule 
of regulatory fees established under this sub-
section to— 
‘‘(i) reflect unexpected increases or de-
creases in the number of units subject to the 
payment of such fees; and 
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‘‘(ii) result in the collection of the 
amount required by paragraph (1). 
‘‘(B) ROUNDING.—In making adjustments 
under this paragraph, the Commission may 
round fees to the nearest $5 increment. 
‘‘(3) AMENDMENTS.—In addition to the adjust-
ments required by paragraph (2), the Commission 
shall by rule amend the schedule of regulatory fees es-
tablished under this subsection if the Commission de-
termines that the schedule requires amendment so that 
such fees reflect the full-time equivalent number of em-
ployees within the bureaus and offices of the Commis-
sion, adjusted to take into account factors that are 
reasonably related to the benefits provided to the 
payor of the fee by the Commission’s activities. In 
making an amendment under this paragraph, the 
Commission may not change the total amount of reg-
ulatory fees required by paragraph (1) to be collected 
in a fiscal year. 
‘‘(d) JUDICIAL REVIEW PROHIBITED.—An adjustment 
or amendment to a schedule of fees under subsection (b) or 
(c) is not subject to judicial review. 
‘‘(e) NOTICE TO CONGRESS.—The Commission shall 
transmit to Congress notification— 
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‘‘(1) of any adjustment under subsection (b)(2) 
or (c)(2) immediately upon the adoption of such ad-
justment; and 
‘‘(2) of any amendment under subsection (b)(3) 
or (c)(3) not later than 90 days before the effective 
date of such amendment. 
‘‘(f) ENFORCEMENT.— 
‘‘(1) PENALTIES FOR LATE PAYMENT.—The Com-
mission shall by rule prescribe a penalty for late pay-
ment of fees under this section. Such penalty shall be 
25 percent of the amount of the fee that was not paid 
in a timely manner. 
‘‘(2) INTEREST
ON
UNPAID
FEES
AND
PEN-
ALTIES.—The Commission shall charge interest, at a 
rate determined under section 3717 of title 31, United 
States Code, on a fee or penalty under this section 
that is not paid in a timely manner. Such section 
3717 shall not otherwise apply with respect to a fee 
or penalty under this section. 
‘‘(3) DISMISSAL OF APPLICATIONS OR FILINGS.— 
The Commission may dismiss any application or 
other filing for failure to pay in a timely manner 
any fee, interest, or penalty under this section. 
‘‘(4) REVOCATIONS.— 
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‘‘(A) IN GENERAL.—In addition to or in 
lieu of the penalties and dismissals authorized by 
paragraphs (1) and (3), the Commission may re-
voke any instrument of authorization held by 
any licensee that has not paid in a timely man-
ner a regulatory fee assessed under this section 
or any related interest or penalty. 
‘‘(B) NOTICE.—Revocation action may be 
taken by the Commission under this paragraph 
after notice of the Commission’s intent to take 
such action is sent to the licensee by registered 
mail, return receipt requested, at the licensee’s 
last known address. The notice shall provide the 
licensee at least 30 days to either pay the fee, in-
terest, and any penalty or show cause why the 
fee, interest, or penalty does not apply to the li-
censee or should otherwise be waived or payment 
deferred. 
‘‘(C) HEARING.— 
‘‘(i) GENERALLY
NOT
REQUIRED.—A 
hearing is not required under this para-
graph unless the licensee’s response presents 
a substantial and material question of fact. 
‘‘(ii) EVIDENCE
AND
BURDENS.—In 
any case where a hearing is conducted 
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under this paragraph, the hearing shall be 
based on written evidence only, and the bur-
den of proceeding with the introduction of 
evidence and the burden of proof shall be on 
the licensee. 
‘‘(iii) COSTS.—Unless the licensee sub-
stantially prevails in the hearing, the Com-
mission may assess the licensee for the costs 
of such hearing. 
‘‘(D) OPPORTUNITY TO PAY PRIOR TO REV-
OCATION.—Any 
Commission 
order 
adopted 
under this paragraph shall determine the 
amount due, if any, and provide the licensee 
with at least 30 days to pay that amount or 
have its authorization revoked. 
‘‘(E) FINALITY.—No order of revocation 
under this paragraph shall become final until 
the licensee has exhausted its right to judicial re-
view of such order under section 402(b)(5). 
‘‘(g) WAIVER, REDUCTION, AND DEFERMENT.—The 
Commission may waive, reduce, or defer payment of a fee, 
interest charge, or penalty in any specific instance for good 
cause shown, if such action would promote the public inter-
est. 
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‘‘(h) PAYMENT RULES.—The Commission shall by rule 
permit payment— 
‘‘(1) in the case of fees in large amounts, by in-
stallments; and 
‘‘(2) in the case of fees in small amounts, in ad-
vance for a number of years not to exceed the term 
of the license held by the payor. 
‘‘(i) EXCEPTIONS.— 
‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI-
CABLE.— 
‘‘(A) APPLICATION FEES.—The application 
fees established under this section shall not be 
applicable to— 
‘‘(i) a governmental entity; 
‘‘(ii) a nonprofit entity licensed in the 
Local Government, Police, Fire, Highway 
Maintenance, Forestry-Conservation, Public 
Safety, or Special Emergency Radio service; 
or 
‘‘(iii) a noncommercial radio station 
or noncommercial television station. 
‘‘(B) REGULATORY FEES.—The regulatory 
fees established under this section shall not be 
applicable to— 
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‘‘(i) a governmental entity or nonprofit 
entity; 
‘‘(ii) an amateur radio operator li-
censee under part 97 of the Commission’s 
rules (47 C.F.R. part 97); or 
‘‘(iii) a noncommercial radio station 
or noncommercial television station. 
‘‘(2) COST OF COLLECTION.— 
‘‘(A) APPLICATION FEES.—If, in the judg-
ment of the Commission, the cost of collecting an 
application fee established under this section 
would exceed the amount collected, the Commis-
sion may by rule eliminate such fee. 
‘‘(B) REGULATORY FEES.—If, in the judg-
ment of the Commission, the cost of collecting a 
regulatory fee established under this section from 
a party would exceed the amount collected from 
such party, the Commission may exempt such 
party from paying such fee. 
‘‘(j) ACCOUNTING SYSTEM.—The Commission shall de-
velop accounting systems necessary to make the amend-
ments authorized by subsections (b)(3) and (c)(3).’’. 
(b) CONFORMING AMENDMENTS.—The Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.) is amended— 
(1) by repealing section 8; and 
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(2) in section 309(j)(6)(H), by striking ‘‘charges 
imposed pursuant to section 8 of this Act’’ and insert-
ing ‘‘application fees assessed under section 9’’. 
(c) TRANSITIONAL RULES.— 
(1) APPLICATION FEES.—An application fee es-
tablished under section 8 of the Communications Act 
of 1934, as such section is in effect on the day before 
the effective date described in section 103 of this Act, 
shall remain in effect under subsection (b) of section 
9 of the Communications Act of 1934, as amended by 
subsection (a) of this section, until such time as the 
Commission adjusts or amends such fee under sub-
section (b)(2) or (b)(3) of such section 9, as so amend-
ed. 
(2) REGULATORY FEES.—A regulatory fee estab-
lished under section 9 of the Communications Act of 
1934, as such section is in effect on the day before the 
effective date described in section 103 of this Act, 
shall remain in effect under subsection (c) of section 
9 of the Communications Act of 1934, as amended by 
subsection (a) of this section, until such time as the 
Commission adjusts or amends such fee under sub-
section (c)(2) or (c)(3) of such section 9, as so amend-
ed. 
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(d) RULEMAKING TO AMEND SCHEDULE OF REGU-
LATORY FEES.— 
(1) IN GENERAL.—Not later than 1 year after 
the effective date described in section 103, the Com-
mission shall complete a rulemaking proceeding under 
subsection (c)(3) of section 9 of the Communications 
Act of 1934, as amended by subsection (a) of this sec-
tion. 
(2) REPORT TO CONGRESS.—If the Commission 
has not completed the rulemaking proceeding required 
by paragraph (1) by the date that is 6 months after 
the effective date described in section 103, the Com-
mission shall submit to Congress a report on the 
progress of such rulemaking proceeding. 
SEC. 103. EFFECTIVE DATE. 
This title and the amendments made by this title shall 
take effect on October 1, 2018. 
TITLE II—FCC PROCESS REFORM 
SEC. 201. FCC PROCESS REFORM. 
(a) IN GENERAL.—Title I of the Communications Act 
of 1934 (47 U.S.C. 151 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 13. TRANSPARENCY AND EFFICIENCY. 
‘‘(a) INITIAL RULEMAKING AND INQUIRY.— 
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managing requests submitted under such section, in-
cluding the Commission’s fee estimates, fee categories, 
and fee request determinations. 
‘‘(2) Releasing to the public all decisions made 
by the Commission (including decisions made by the 
Commission’s Bureaus and Offices) granting or deny-
ing requests filed under such section, including any 
such decisions pertaining to the estimate and applica-
tion of fees assessed under such section. 
‘‘(3) Publishing on the Commission’s website 
electronic copies of documents released under such sec-
tion. 
‘‘(4) Presenting information about the Commis-
sion’s handling of requests under such section in the 
Commission’s annual budget estimates submitted to 
Congress and the Commission’s annual performance 
and financial reports. Such information shall include 
the number of requests under such section the Com-
mission received in the most recent fiscal year, the 
number of such requests granted and denied, a com-
parison of the Commission’s processing of such re-
quests over at least the previous 3 fiscal years, and 
a comparison of the Commission’s results with the 
most recent average for the United States Government 
as published on www.foia.gov. 
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