I
104TH CONGRESS
1ST SESSION
H. R. 1869
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
JUNE 16, 1995
Mr. FIELDS of Texas (for himself and Mr. MARKEY) introduced the following
bill; which was referred to the Committee on Commerce
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Communica-
tions Commission Authorization Act of 1995’’.
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 ad-
ministration of this Act by the Commission $186,000,000
for fiscal year 1996, 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 1996.
Of the sum appropriated in each fiscal year under this
section, a portion, in an amount determined under sections
8(b) and 9(b), shall be derived from fees authorized by
sections 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 Reg-
ister, semiannual reports specifying the reimbursements
which the Commission has accepted under section 1353
of title 31, United States Code.’’.
(c) COMMUNICATIONS SUPPORT FROM OLDER AMER-
ICANS.—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 1996’’.
SEC. 3. APPLICATION FEES.
(a) ADJUSTMENT
OF APPLICATION FEE SCHED-
ULE.—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 1996 and each fiscal year
thereafter, the Commission shall, by regulation, modify
the application fees by proportionate increases or de-
creases 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 nec-
essary expenses for the costs described in paragraph
(5) exceeds $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 adjust-
ment 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, de-
lete, or reclassify services, categories, applications, or
other filings subject to application fees to reflect additions,
deletions, or changes in the nature of its services or au-
thorization of service processes as a consequence of Com-
mission 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
filing, including all executive and legal costs incurred by
the Commission in the discharge of these functions, and
other factors that the Commission determines are nec-
essary in the public interest. The Commission shall—
‘‘(A) transmit to the Congress notification of
any proposed modification made pursuant to this
paragraph immediately upon adoption of such pro-
posal; and
‘‘(B) transmit to the Congress notification of
any modification made pursuant to this paragraph
immediately 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.—
Section 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
Commission 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
providing 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 appli-
cation 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 amend-
ment 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’’.
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 is authorized to continue to collect fees
at the prior year’s rate until the effective date of fee
adjustments 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 per-
taining 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 amend-
ed 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 pro-
vided 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 INFOR-
MATION.
‘‘(a) ACCOUNTING SYSTEM REQUIRED.—The Com-
mission 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 Congress an analysis of such systems and shall annu-
ally afford interested persons the opportunity to submit
comments concerning the allocation of the costs of per-
forming the functions described in section 8(a)(5) and
9(a)(1) in making such adjustments in the schedules re-
quired 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
Commission shall prepare and transmit to the Com-
mittees of Congress responsible for the Commis-
sion’s authorization and appropriations a detailed
schedule of the amounts requested by the Presi-
dent’s budget to be appropriated for the ensuing fis-
cal year for the activities described in sections
8(a)(5) and 9(a)(1), allocated by bureaus, divisions,
and offices of the Commission.
‘‘(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 rela-
tionship between any such increases and either (A)
increases in the amounts requested to be appro-
priated for Commission activities in connection with
such applicants, licensees, or units subject to pay-
ment of fees, or (B) additional activities to be per-
formed with respect to such applicants, licensees, or
units.
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘amount requested by the Presi-
dent’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 in-
formation 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 al-
ternative, an entity designated by the Commission may
make the inspections 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
Commission or an entity designated by the Commission.
If, after such inspection, the Commission is satisfied that
all relevant provisions of this Act and the station license
have been complied with, the fact shall be certified to on
the station license by the Commission. The Commission
shall make such additional inspections at frequent inter-
vals as the Commission determines may be necessary to
ensure compliance 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 juris-
diction of the United States, provided that such in-
spection 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 Com-
mission’’.
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 sen-
tence and inserting the following: ‘‘Except for cases involv-
ing the authorization of service in the Instructional Tele-
vision 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 infor-
mation 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 there-
of 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