Federal Communications Commission Authorization Act of 1983
PL 98-214 (H.R.2755), enacted 12/08/1983

PUBLIC LAW 98-214—DEC. 8, 1983 
97 STAT. 1467 
Public Law 98-214 
98th Congress 
An Act 
To authorize appropriations for the Federal Communications Commission for fiscal 
years 1984 and 1985, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Federal Communications 
Commission Authorization Act of 1983". 
Dec. 8, 1983 
[H.R. 2755] 
Federal 
Communications 
Commission 
Authorization 
Act of 1983. 
47 u s e 609 note. 
FEDERAL COMMUNICATIONS COMMISSION APPROPRIATIONS 
AUTHORIZATION 
SEC. 2. (a) Section 6 of the Communications Act of 1934 (47 U.S.C. 
156) is amended to read as follows: 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 6. There are authorized to be appropriated for the adminis-
tration of this Act by the Commission $91,156,000, together with 
such sums as may be necessary for increases resulting from adjust-
ments in salary, pay, retirement, other employee benefits required 
by law, and other nondiscretionary costs, for each of the fiscal years 
1984 and 1985.". 
(b) The amendment made by subsection (a) shall apply with 
respect to fiscal years beginning after September 30,1983. 
Effective date. 
47 u s e 156 note. 
INCREASE IN PUBLIC BROADCASTING APPROPRIATIONS AUTHORIZATION 
SEC. 3. (a) Section 396(kXlXC) of the Communications Act of 1934 
(47 U.S.C. 396(kXlXC)) is amended by striking out ", and 
$130,000,000 for each of the fiscal years 1984, 1985, and 1986." and 
inserting in lieu thereof ", $145,000,000 for fiscal year 1984, 
$153,000,000 for fiscal year 1985, and $162,000,000 for fiscal year 
1986.". 
(b) Paragraph (10) of such section 396(k) is amended by inserting 
before the period at the end thereof the following: ", and unless 
further assurances are provided to the Corporation that no officer or 
employee of such an entity will be loaned money by that entity on 
an interest-free basis". 
FEDERAL COMMUNICATIONS COMMISSION ADMINISTRATIVE MATTERS 
SEC. 4. (a) Section 316 of the Communications Act of 1934 (47 
U.S.C. 316) is amended— 
(1) in subsection (a), by inserting "(1)" after "(a)" and by 
striking out "and shall have been given reasonable opportu-
nity" and all that follows and inserting in lieu thereof "and 
97 STAT. 1468 
PUBLIC LAW 98-214—DEC. 8, 1983 
shall be given reasonable opportunity, of at least thirty days, to 
protest such proposed order of modification; except that, where 
safety of life or property is involved, the Commission may by 
order provide, for a shorter period of notice."; 
(2) by adding at the end of subsection (a) the following new 
paragraphs: 
"(2) Any other licensee or permittee who believes its license or 
permit would be modified by the proposed action may also protest 
the proposed action before its effective date. 
"(3) A protest filed pursuant to this subsection shall be subject to 
47 use 309. 
the requirements of section 309 for petitions to deny."; and 
(3) in subsection (b), by inserting before the period at the end 
thereof the following: "; except that, with respect to any issue 
that addresses the question of whether the proposed action 
would modify the license or permit of a person described in 
subsection (aX2), such burdens shall be as determined by the 
Commission". 
(b) Section 503(b)(5) of such Act (47 U.S.C. 503(b)(5)) is amended by 
inserting, before the period in the second sentence, the following: 
"or if the person involved is transmitting on frequencies assigned for 
use in a service in which individual station operation is authorized 
47 use 307. 
by rule pursuant to section 307(e)". 
Funds, 
distribution. 
Report to 
congressional 
committees. 
FINANCIAL OVERSIGHT OF NATIONAL PUBLIC RADIO BY CORPORATION 
FOR PUBLIC BROADCASTING 
SEC. 5. Section 396(1) of the Communications Act of 1934 (47 U.S.C. 
396(1)) is amended by adding at the end thereof the following: 
"(4XA) Subject to subparagraph (C), the Corporation may not 
distribute to National Public Radio any funds authorized to be 
appropriated by this Act unless there is in effect a determination by 
the Corporation that— 
"(i) National Public Radio has adopted and is implementing a 
system of financial controls and procedures devised in consulta-
tion with, and recommended by, an independent certified public 
accountant and determined by the Comptroller General as suffi-
cient to assure that the financial transactions of National 
Public Radio reflect prudent management practices and are 
accounted for in a manner consistent with generally accepted 
accounting principles; 
"(ii) National Public Radio has adopted a budget under which 
reasonably projected expenditures will not exceed reasonably 
projected revenues from all sources for any fiscal year in which 
such funds are distributed to National Public Radio; and 
"(iii) financial reporting systems of National Public Radio 
provide the Corporation with continuous access to all financial 
books and records of National Public Radio. 
"(B) Not later than fifteen days after the date of the enactment of 
this paragraph, the Corporation shall report to the appropriate 
committees of the Congress on actions taken by National Public 
Radio to meet the conditions described in subparagraph (A) and on 
actions taken by the Corporation with respect to the indebtedness of 
National Public Radio related to deficits accumulated before Octo-
ber 1, 1983. The Corporation shall certify to such committees when 
such conditions have been met. 
"(C) The requirements of subparagraphs (A) and (B) shall cease to 
be effective on and after the date on which the Corporation certifies 
PUBLIC LAW 98-214—DEC. 8, 1983 
97 STAT. 1469 
to the appropriate committees of Congress that all indebtedness of 
National Public Radio related to deficits accumulated before Octo-
ber 1,1983, has been liquidated in full.". 
CORPORATION FOR PUBLIC BROADCASTING 
ADMINISTRATIVE MATTERS 
SEC. 6. (a) Section 396(c)(1) of the Communications Act of 1934 (47 
U.S.C. 396(c)(1)) is amended— 
(1) in the first sentence, by striking out ", and the President of 
the Corporation"; and 
(2) by striking out the third sentence. 
(b)(1) Section 396(d)(1) of such Act is amended by inserting after 
"annually" the following: "elect one of their members to be Chair-
man and'. 
(2) The subsection heading for section 396(d) of such Act is amend-
ed by striking out "VICE CHAIRMAN" and inserting in lieu thereof 
"CHAIRMAN AND VICE CHAIRMAN". 
(c) Section 396(e)(1) of such Act is amended by striking out "No 
officer of the Corporation, other than a Vice Chairman" and insert-
ing in lieu thereof "No officer of the Corporation, other than the 
Chairman or a Vice Chairman". 
ADMINISTRATION OF REGIONAL CONCENTRATION RULES FOR BROADCAST 
STATIONS 
SEC. 7. Section 310 of the Communications Act of 1934 (47 U.S.C. 
310) is amended by adding at the end thereof the following new 
subsection: 
"(e)(1) In the case of any broadcast station, and any ownership 
interest therein, which is excluded from the regional concentration 
rules by reason of the savings provision for existing facilities pro-
vided by the First Report and Order adopted March 9, 1977 (docket 
No. 20548; 42 Fed. Reg. 16145), the exclusion shall not terminate 
solely by reason of changes made in the technical facilities of the 
station to improve its service. 
"(2) For purposes of this subsection, the term 'regional concentra- 
"Regional 
tion rules' means the provisions of sections 73.35, 73.240, and 73.636 
concentration 
of title 47, Code of Federal Regulations (as in effect June 1, 1983), '•"^®^-
which prohibit any party from directly or indirectly owning, operat-
ing, or controlling three broadcast stations in one or several services 
where any two of such stations are within 100 miles of the third 
(measured city-to-city), and where there is a primary service contour 
overlap of any of the stations.". 
CLARIFICATION AND ADMINISTRATION OF SECTION 223 
SEC. 8. (a) Section 223 of the Communications Act of 1934 (47 
U.S.C. 223) is amended— 
(1) by striking out "$500" and inserting in lieu thereof 
"$50,000"; 
(2) by inserting "(a)" before "Whoever"; and 
(3) by adding at the end thereof the following new subsection: 
Violations 
"(bXD Whoever knowingly— 
and penalties. 
"(A) in the District of Columbia or in interstate or foreign 
communication, by means of telephone, makes (directly or by 
97 STAT. 1470 
PUBLIC LAW 98-214—DEC. 8, 1983 
Litigation. 
28 u s e app. 
Regulations. 
47 u s e 223 note. 
47 u s e 223 note. 
Ante, p. 1469. 
recording device) any obscene or indecent communication for 
commercial purposes to any person under eighteen years of age 
or to any other person without that person's consent, regardless 
of whether the maker of such communication placed the call; or 
"(B) permits any telephone facility under such person's con-
trol to be used for an activity prohibited by subparagraph (A), 
shall be fined not more than $50,000 or imprisoned not more than 
six months, or both. 
"(2) It is a defense to a prosecution under this subsection that the 
defendant restricted access to the prohibited communication to 
persons eighteen years of age or older in accordance with procedures 
which the Commission shall prescribe by regulation. 
"(3) In addition to the penalties under paragraph (1), whoever, in 
the District of Columbia or in interstate or foreign communication, 
intentionally violates paragraph (1)(A) or (1)(B) shall be subject to a 
fine of not more than $50,000 for each violation. For purposes of 
this paragraph, each day of violation shall constitute a separate 
violation. 
"(4)(A) In addition to the penalties under paragraphs (1) and (3), 
whoever, in the District of Columbia or in interstate or foreign 
communication, violates paragraph (1)(A) or (1)(B) shall be subject to 
a civil fine of not more than $50,000 for each violation. For purposes 
of this paragraph, each day of violation shall constitute a separate 
violation. 
"(B) A fine under this paragraph may be assessed either— 
"(i) by a court, pursuant to a civil action by the Commission or 
any attorney employed by the Commission who is designated by 
the Commission for such purposes, or 
"(ii) by the Commission after appropriate administrative 
proceedings. 
"(5) The Attorney General may bring a suit in the appropriate 
district court of the United States to enjoin any act or practice 
which violates paragraph (IXA) or (1)(B). An injunction may be 
granted in accordance with the Federal Rules of Civil Procedure." 
(b) Section 223(a) of the Communications Act of 1934 (as redesig-
nated by subsection (a) of this section) is amended in paragraph (2) 
by inserting "facility" after "telephone". 
(c) The Federal Communications Commission shall issue regula-
tions pursuant to section 223(b)(2) of the Communications Act of 
1934 (as added by subsection (a) of this section) not later than one 
hundred and eighty days after the date of the enactment of this Act. 
(d) The Commission shall act on all complaints alleging violation 
of section 223 of the Communications Act of 1934 which are pending 
on the date of the enactment of this Act within ninety days of such 
date of enactment. 
DIRECTION ON USE OF FUNDS REGARDING SPECTRUM ALLOCATION AND 
ASSIGNMENTS FOR PUBUC SAFETY PURPOSES 
47 use 303 note. 
SEC. 9. (a) Funds authorized to be appropriated under section 2 of 
this Act shall be used by the Federal Communications Commission 
to establish a plan which adequately ensures that the needs of State 
and local public safety authorities would be taken into account in 
making allocations of the electromagnetic spectrum. In establishing 
such a plan the Commission shall (1) review the current and future 
needs of such public safety authorities in light of suitable and 
commercially available equipment and (2) consider the need for a 
PUBLIC LAW 98-214—DEC. 8, 1983 
97 STAT. 1471 
nationwide contiguous frequency 
allocation for public safety 
purposes. 
(b) Pending adoption of a plan, the Commission, while making 
assignments and allocations, shall duly recognize the needs of State 
and local public safety authorities. 
CERTIFICATION OF TECHNICIANS 
SEC. 10. Section 4(f)(4) of the Communications Act of 1934 (47 
U.S.C. 154(f)(4)) is amended— 
(1) by redesignating subparagraphs (E) through (H) as subpar-
agraphs (F) through (I), respectively; and 
(2) by inserting immediately after subparagraph (D) the fol-
lowing new subparagraph: 
"(E) 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 organi-
zations 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.". 
VOLUNTEER ADMINISTERED AMATEUR RADIO EXAMINATIONS 
SEC. 11. Section 4(fK4) of the Communications Act of 1934 (47 
U.S.C. 154(fX4)), as amended by section 10 of this Act, is fur-
ther amended by adding at the end thereof the following new 
subparagraph: 
"(J) With respect to the acceptance of voluntary uncompen- Reimbursement. 
sated services for the preparation, processing, or administration 
of examinations for amateur station operator licenses pursuant 
to subparagraph (A) or (B) of this paragraph, individuals, or 
organizations which provide or coordinate such authorized vol-
unteer services may recover from examinees reimbursement for 
out-of-pocket costs. The total amount of allowable cost reim-
bursement per examinee shall not exceed $4, adjusted annually 
every January 1 for changes in the Department of Labor Con-
sumer Price Index. Such individuals and organizations shall Records. 
maintain records of out-of-pocket expenditures and shall certify 
annually to the Commission that all costs for which reimburse-
ment was obtained were necessarily and prudently incurred.". 
NEW TECHNOLOGIES AND SERVICES 
SEC. 12. Title I of the Communications Act of 1934 is amended by 
inserting after section 6 the following new section: 
NEW TECHNOLOGIES AND SERVICES 
"SEC. 7. (a) It shall be the policy of the United States to encourage 
the provision of new technologies and services to the public. Any 
person or party (other than the Commission) who opposes a new 
technology or service proposed to be permitted under this Act shall 
have the burden to demonstrate that such proposal is inconsistent 
with the public interest. 
47 u s e 157. 
97 STAT. 1472 
PUBLIC LAW 98-214—DEC. 8, 1983 
"(b) The Commission shall determine whether any new technology 
or service proposed in a petition or application is in the public 
interest within one year after such petition or application is filed or 
twelve months after the date of the enactment of this section, if 
later. If the Commission initiates its own proceeding for a new 
technology or service, such proceeding shall be completed within 12 
months after it is initiated or twelve months after the date of the 
enactment of this section, if later.". 
RADIO COMMUNICATION CONFERENCE PARTICIPANTS 
SEC. 13. Not fewer than three vice chairpersons shall be appointed 
to any United States delegation to or for radio communications 
conferences held under the auspices of the International Telecom-
munications Union. Notwithstanding any other provision of law, 
and unless declined by the head of the entity involved, such chair-
persons shall be officers or employees of the Department of State, 
the Department of Commerce, and the Federal Communications 
Commission. 
Approved December 8, 1983. 
LEGISLATIVE HISTORY—H.R. 2755: 
HOUSE REPORT No. 98-356 (Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
Nov. 17, considered in House. 
Nov. 18, considered and passed House and Senate.