Union Calendar No. 466
103D CONGRESS
2D SESSION
H. R. 4522
[Report No. 103–844]
A BILL
To amend the Communications Act of 1934 to ex-
tend the authorization of appropriations of the
Federal Communications Commission, and for
other purposes.
OCTOBER 6, 1994
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 466
103D CONGRESS
2D SESSION
H. R. 4522
[Report No. 103–844]
To amend the Communications Act of 1934 to extend the authorization
of appropriations of the Federal Communications Commission, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 26, 1994
Mr. MARKEY (for himself and Mr. FIELDS of Texas) introduced the following
bill; which was referred to the Committee on Energy and Commerce
OCTOBER 6, 1994
Additional sponsor: Mr. BOUCHER
OCTOBER 6, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend the Communications Act of 1934 to extend the
authorization of appropriations of the Federal Commu-
nications Commission, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
for fiscal year 1995, together with such sums as may be
necessary for increases resulting from adjustments in sal-
ary, 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 sec-
tion, a portion, in an amount determined under sections
8(b) and 9(b), shall be derived from fees authorized by sec-
tions 8 and 9.’’.
(b) TRAVEL AND REIMBURSEMENT PROGRAM.—Sec-
tion 4(g)(2) of the Communications Act of 1934 (47 U.S.C.
154(g)(2)) is amended to read as follows:
‘‘(2) The Commission shall submit to the appropriate
committees of Congress, and publish in the Federal Register,
semiannual reports specifying the reimbursements which
the Commission has accepted under section 1353 of title 31,
United States Code.’’.
(c) COMMUNICATIONS SUPPORT FROM OLDER AMERI-
CANS.—Section 6(a) of the Federal Communications Com-
mission Authorization Act of 1988 (47 U.S.C. 154 note) is
amended by striking ‘‘fiscal years 1992 and 1993’’ and in-
serting ‘‘fiscal year 1995’’.
SEC. 3. APPLICATION FEES.
(a) ADJUSTMENT OF APPLICATION FEE SCHEDULE.—
Section 8(b) of the Communications Act of 1934 (47 U.S.C.
158(b)) is amended to read as follows:
‘‘(b)(1) For fiscal year 1995 and each fiscal year there-
after, the Commission shall, by regulation, modify the ap-
plication fees by proportionate increases or decreases so as
to result in estimated total collections for the fiscal year
equal to—
‘‘(A) $40,000,000; plus
‘‘(B) an additional amount, specified in an ap-
propriation Act for the Commission for that fiscal
year to be collected and credited to such appropria-
tion, not to exceed the amount by which the necessary
expenses for the costs described in paragraph (5) ex-
ceeds $40,000,000.
‘‘(2) In making adjustments pursuant to this para-
graph the Commission may round such fees to the nearest
$5.00 in the case of fees under $100, or to the nearest $20
in the case of fees of $100 or more. The Commission shall
transmit to the Congress notification of any adjustment
made pursuant to this paragraph immediately upon the
adoption of such adjustment.
‘‘(3) The Commission is authorized to continue to col-
lect fees at the prior year’s rate until the effective date of
fee adjustments or amendments made pursuant to para-
graphs (1) and (4).
‘‘(4) The Commission shall, by regulation, add, delete,
or reclassify services, categories, applications, or other fil-
ings subject to application fees to reflect additions, dele-
tions, or changes in the nature of its services or authoriza-
tion of service processes as a consequence of Commission
rulemaking proceedings or changes in law.
‘‘(5) Any modified fees established under paragraph
(4) shall be derived by determining the full-time equivalent
number of employees performing application activities, ad-
justed to take into account other expenses that are reason-
ably related to the cost of processing the application or fil-
ing, including all executive and legal costs incurred by the
Commission in the discharge of these functions, and other
factors that the Commission determines are necessary in the
public interest. The Commission shall—
‘‘(A) transmit to the Congress notification of any
proposed modification made pursuant to this para-
graph immediately upon adoption of such proposal;
and
‘‘(B) transmit to the Congress notification of any
modification made pursuant to this paragraph imme-
diately upon adoption of such modification.
‘‘(6) Increases or decreases in application fees made
pursuant to this subsection shall not be subject to judicial
review.’’.
(b) TREATMENT OF ADDITIONAL COLLECTIONS.—Sec-
tion 8(e) of such Act is amended to read as follows:
‘‘(e) Of the moneys received from fees authorized under
this section—
‘‘(1) $40,000,000 shall be deposited in the gen-
eral fund of the Treasury to reimburse the United
States for amounts appropriated for use by the Com-
mission in carrying out its functions under this Act;
and
‘‘(2) the remainder shall be deposited as an off-
setting collection in, and credited to, the account pro-
viding appropriations to carry out the functions of
the Commission.’’.
(c) 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 ...........................................
‘‘c. Application for assignment or transfer of control .....................
230
‘‘d. Application for renewal of license ..............................................
‘‘e. Request for special temporary authority ...................................
200
‘‘f. Notification of completion of construction .................................
‘‘g. Request to combine service areas ................................................
50’’.
(d) VANITY CALL SIGNS.—
(1) LIFETIME LICENSE FEES.—
(A) AMENDMENT.—The schedule of applica-
tion 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 re-
ceived from fees established under the amendment
made by this subsection shall be deposited as an
offsetting collection in, and credited to, the ac-
count 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 Pri-
vate Radio Bureau:
‘‘Amateur vanity call-signs .........................................................
7’’.
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 para-
graph:
‘‘(5) EFFECTIVE DATE OF ADJUSTMENTS.—The
Commission is authorized to continue to collect fees at
the prior year’s rate until the effective date of fee ad-
justments or amendments made pursuant to para-
graph (2) or (3).’’.
(c) REGULATORY FEES FOR SATELLITE TV OPER-
ATIONS.—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 pertain-
ing 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 CAR-
RIER PURPOSES.—Section 9(h) of such Act is amended by
adding at the end the following new sentence: ‘‘The excep-
tions 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 car-
rier.’’.
(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 INFOR-
MATION.
‘‘(a) ACCOUNTING SYSTEM REQUIRED.—The Commis-
sion shall develop accounting systems for the purposes of
making the adjustments authorized by sections 8 and 9. The
Commission shall annually prepare and submit to the Con-
gress an analysis of such systems and shall annually afford
interested persons the opportunity to submit comments con-
cerning the allocation of the costs of performing the func-
tions described in section 8(a)(5) and 9(a)(1) in making
such adjustments in the schedules required by sections 8 and
9.
‘‘(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 Commis-
sion shall prepare and transmit to the Committees of
Congress responsible for the Commission’s authoriza-
tion and appropriations a detailed schedule of the
amounts requested by the President’s budget to be ap-
propriated for the ensuing fiscal year for the activi-
ties described in sections 8(a)(5) and 9(a)(1), allo-
cated by bureaus, divisions, and offices of the Com-
mission.
‘‘(2) EXPLANATORY
STATEMENT.—If the Com-
mission anticipates increases in the application fees
or regulatory fees applicable to any applicant, li-
censee, or unit subject to payment of fees, the Com-
mission 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 Com-
mission 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 sub-
section, 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 Commis-
sion 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) AUTHORITY TO DESIGNATE ENTITIES TO IN-
SPECT.—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: ‘‘And provided further, That, in the alternative,
an entity designated by the Commission may make the in-
spections referred to in this paragraph.’’.
(b) CONDUCT
OF INSPECTIONS.—Section 362(b) of
such Act (47 U.S.C. 362(b)) is amended to read as follows:
‘‘(b) Every ship of the United States that is subject
to this part shall have the equipment and apparatus pre-
scribed therein inspected at least once each year by the Com-
mission or an entity designated by the Commission. If, after
such inspection, the Commission is satisfied that all rel-
evant provisions of this Act and the station license have
been complied with, the fact shall be certified to on the sta-
tion license by the Commission. The Commission shall make
such additional inspections at frequent intervals as the
Commission determines may be necessary to ensure compli-
ance with the requirements of this Act. The Commission
may, upon a finding that the public interest could be served
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, provided that such inspection shall
be performed within 30 days of such vessel’s return to
the United States.’’.
(c) INSPECTION BY OTHER ENTITIES.—Section 385 of
such Act (47 U.S.C. 385) is amended by inserting ‘‘or an
entity designated by the Commission’’ after ‘‘The Commis-
sion’’.
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 pro-
vide 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 sen-
tence the following new sentences: ‘‘The Commission may,
after affording interested parties an opportunity to com-
ment, 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 un-
lawful, the Commission may consider additional informa-
tion filed by the carrier or any interested party and shall
presume the facts alleged by the carrier to be true.’’.
SEC. 8. REFUND AUTHORITY.
Section 220(d) of the Communications Act of 1934 (47
U.S.C. 220(d)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) The Commission may require by order the refund
of such portion of any charge or expenditure by any carrier
or carriers as results from a violation of paragraph (1) of
this subsection or of any of the rules promulgated pursuant
to such paragraph. Such refunds shall be paid, with inter-
est, 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 viola-
tion. No refunds shall be required under this paragraph un-
less—
‘‘(A) the Commission issues an order advising
the carrier of its potential refund liability and pro-
vides the carrier with an opportunity to file written
comments as to why refunds should not be required;
and
‘‘(B) such order is issued not later than 5 years
after the date the violation occurred.
In the case of a continuing violation, a violation shall be
considered to occur on each date that the violation is re-
peated. Nothing in this subsection shall be construed to re-
quire a carrier to retain for such 5 year period records with
respect to amounts paid by or on behalf of such persons.’’.
SEC. 9. LICENSING OF AVIATION, MARITIME, AND PER-
SONAL 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 es-
tablished 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 re-
quired 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 ‘per-
sonal 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.
(a) FUNDING AVAILABILITY.—Section 309(j)(8)(B) of
the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B))
is amended by adding at the end the following new sentence:
‘‘Such offsetting collections are authorized to remain avail-
able until expended.’’.
(b) ESCROW OF DEPOSITS.—Section 309(j)(8) of such
Act is further amended by adding at the end the following
new subparagraph:
‘‘(C) ESCROW OF DEPOSIT.—The Commis-
sion is authorized, based on the competitive bid-
ding methodology selected, to provide for the de-
posit of moneys for bids in an interest-bearing
account until such time as the Commission ac-
cepts a deposit from the high bidder. All interest
earned on bid moneys received from the winning
bidder shall be deposited into the general fund of
the Treasury. All interest earned on bid moneys
deposited from unsuccessful bidders, less any ap-
plicable fees and penalties, shall be paid to those
bidders.’’.
SEC. 11. FORFEITURES FOR VIOLATIONS IMPERILING SAFE-
TY 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 para-
graph (7) and inserting ‘‘; or’’; and
(3) by adding at the end the following new para-
graph:
‘‘(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 sub-
paragraph (D) and inserting ‘‘; or’’; and
(3) by adding after subparagraph (D) the follow-
ing 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. FINDINGS AND POLICY REGARDING THE AMATEUR
RADIO SERVICE.
The Congress finds and declares that—
(1) radio amateurs are hereby commended for
their contributions to technical progress in electronics,
and for their emergency radio communications in
times of disaster;
(2) the Federal Communications Commission is
urged to continue and enhance the development of the
amateur radio service as a public benefit by adopting
rules and regulations which encourage the use of new
technologies within the amateur radio service; and
(3) the Commission is urged to make reasonable
accommodations for the effective operation of amateur
radio from residences, private vehicles and public
areas, and all levels of government are urged to facili-
tate and encourage amateur radio operation as a
public benefit.
SEC. 13. STATUTE OF LIMITATIONS FOR FORFEITURE PRO-
CEEDINGS 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 sub-
paragraph (C); and
(4) by inserting after subparagraph (A) the fol-
lowing 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 oc-
curred; 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 vulner-
ability 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’’.
HR 4522 RH——2