IIA
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 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 1994’’.
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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 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
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.—Sub-
section (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 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 1995’’.
(d) HAWAII MONITORING STATION.—Section 9(a) of
the Federal Communications Commission Authorization
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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 .......................................
‘‘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’’.
(b) 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,
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8(b)(3) 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.’’.
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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 para-
graph, 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
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that is operating solely in waters beyond the juris-
diction 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 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
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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
may require by order the refund of such portion of any
charge by any carrier or carriers as results from a viola-
tion 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 rep-
resent the persons from whom amounts were improperly
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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 pro-
vides 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 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 serv-
ices; (B) the aviation radio service for aircraft stations op-
erated on domestic flights when such aircraft are not oth-
erwise required to carry a radio station; and (C) the mari-
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time 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.
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 Commis-
sion 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
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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 appli-
cable 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 para-
graph (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);
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(2) by striking the semicolon at the end of sub-
paragraph (D) and inserting ‘‘; or’’; and
(3) by adding after subparagraph (D) the fol-
lowing 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 sec-
tion 3109 of title 5, United States Code, relating to ap-
pointments in the Federal Service, at rates of compensa-
tion 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 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);
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(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 DE-
VICES FOR HEARING IMPAIRED INDIVID-
UALS.
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 vul-
nerability of such devices to harmful interference
from radio licensees; and
(3) alternative frequency allocations that could
facilitate such compliance.
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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 commer-
cial 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.