Federal Communications Commission Authorization Act of 1990
PL 101-396 (H.R.3265), enacted 09/28/1990

104 STAT. 848 
PUBLIC LAW 101-396—SEPT. 28, 1990 
Sept. 28, 1990 
[H.R. 3265] 
Federal 
Communications 
Commission 
Authorization 
Act of 1990. 
47 u s e 609 note. 
Public Law 101-396 
101st Congress 
An Act 
To amend the Communications Act of 1934 to provide authorization of appropriations 
for the Federal Communications Commission, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Federal Communications Commission Authorization 
Act of 1990". 
AUTHORIZATION OF APPROPRIATIONS 
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. (a) There are authorized to be appropriated for the 
administration of this Act by the Commission $109,831,000 for fiscal 
year 1990 and $119,831,000 for fiscal year 1991, together with such 
sums as may be necessary for increases resulting from adjustments 
in salary, pay, retirement, other employee benefits required by law, 
and other nondiscretionary costs, for each of the fiscal years 1990 
and 1991. 
"0)) In addition to the amounts authorized to be appropriated 
under this section, not more than 4 percent of the amount of any 
fees or other charges payable to the United States which are col-
lected by the Commission during fiscal year 1990 are authorized to 
be made available to the Commission until expended to defray the 
fully distributed costs of such fees collection. 
Maryland. 
"(c) Of the amounts appropriated pursuant to subsection (a) for 
fiscal year 1991, such sums as may be necessary not to exceed 
$2,000,000 shall be expended for upgrading and modernizing equip-
ment at the Commission's electronic emissions test laboratory 
located in Laurel, Maryland.". 
COMMERCIAL RADIO OPERATOR EXAMINATIONS 
SEC. 3. Section 4(f) of the Communications Act of 1934 (47 U.S.C. 
154(f)) is amended by adding at the end the following new 
paragraph: 
"(5)(A) The Commission, for purposes of preparing and administer-
ing any examination for a commercial radio operator license or 
endorsement, may accept and employ the services of persons that 
the Commission determines to be qualified. Any person so employed 
may not receive compensation for such services, but may recover 
from examinees such fees as the Commission permits, considering 
such factors as public service and cost estimates submitted by such 
person. 
"(B) The Commission may prescribe regulations to select, oversee, 
sanction, and dismiss any person authorized under this paragraph to 
be employed by the Commission. 
49-139 O - 90 (396) 
PUBLIC LAW 101-396—SEPT. 28, 1990 
104 STAT. 849 
"(C) Any person who provides services under this paragraph or 
who provides goods in connection with such services shall not, by 
reason of having provided such service or goods, be considered a 
Federal or special government employee.". 
TRAVEL REIMBURSEMENT PROGRAM 
SEC. 4. Section 4(g)(2)(D) of the Communications Act of 1934 (47 
U.S.C. 154(g)(2)(D)) is amended by striking "1989" and inserting in 
lieu thereof "1992". 
COMMUNICATIONS SUPPORT FROM OLDER AMERICANS 
SEC. 5. Section 6(a) of the Federal Communications Commission 
Authorization Act of 1988 (47 U.S.C. 154 note) is amended by 
striking "and 1989" and inserting in lieu thereof ", 1989, 1990, and 
1991". 
HAWAII MONITORING STATION 
Real property. 
SEC. 6. (a) Section 9(a) of the Federal Communications Commission 
Authorization Act of 1988 (Public Law 100-594; 102 Stat. 3024) is 
amended— 
(1) by striking "and 1990" and inserting in lieu thereof ", 
1990,1991, and 1992"; 
(2) in paragraph (4) by striking "a facility at the new location" 
and inserting in lieu thereof "facilities at new locations"; and 
(3) in paragraph (6) by striking "a facility at a new location" 
and inserting in lieu thereof "facilities at new locations". 
(b) Subsection (b) of section 9 of the Federal Communications 
Commission Authorization Act of 1988 (Public Law 100-594; 102 
Stat. 3024) is amended to read as follows: 
"(b) The Administrator of General Services is authorized to dis-
pose of, only to the State of Hawaii, as much of the real property 
(including improvements thereon) at the present location of the 
Hawaii Monitoring Station as is necessary for the purposes of 
relocating, at a minimum, the antennas associated with the Mon-
itoring Station.". 
(c) Section 9 of the Federal Communications 
Commission 
Authorization Act of 1988 (Public Law 100-594; 102 Stat. 3024) is 
amended by striking subsections (c) and (d), by redesignating subsec-
tion (e) as subsection (i), and by inserting immediately after subsec-
tion (b) the following new subsections: 
"(c) Pursuant to the authority provided in subsection (b), the 
Government 
Administrator of General Services shall sell and convey to the State 
contracts, 
of Hawaii the real property and improvements thereon described in 
subsection (b) on an expedited basis, including provisions for lease-
back as required. 
"(d) In consideration of such sale, the State of Hawaii shall agree 
to— 
"(1) pay to the General Services Administration an amount 
not less than the fair market value, as determined by the 
Administrator of General Services, of the property to be con-
veyed under subsection (c), or 
"(2) convey to the Federal Communications Commission real 
property that would be suitable, as determined by the Commis-
sion, for the relocation of the Hawaii Monitoring Station and, in 
addition, pay to the General Services Administration an 
104 STAT. 850 
PUBLIC LAW 101-396—SEPT. 28, 1990 
amount equal to the difference between the fair market value of 
the two properties, as determined by the Administrator of 
General Services, if the Federal property conveyed is of greater 
value. 
"(e) The General Services Administration shall reimburse the 
Federal Communications Commission from the net proceeds of such 
sale for all of the expenditures of the Commission associated with 
the relocation of the Hawaii Monitoring Station. Any such re-
imbursed funds received by the Commission shall remain available 
until expended. 
"(f) The net proceeds of such sale, less any funds reimbursed to the 
Federal Communications Commission pursuant to subsection (e), 
and less normal and reasonable charges by the General Services 
Administration for costs associated with such sale, shall be depos-
ited in the general funds of the Treasury. 
"(g) If the General Services Administration and the State of 
Hawaii are unable to execute a contract for sale as required by this 
section or complete any other transaction necessary to carry out 
such sale, the Administrator of General Services shall not proceed to 
public sale of the property described in subsection (b). 
"(h) The Hawaii Monitoring Station shall continue its full oper-
ations at its present location until new facilities have been built and 
are fully operational.". 
(d) Subsection (i) of section 9 of the Federal Communications 
Commission Authorization Act of 1988 (Public Law 100-594; 102 
Stat. 3024), as so redesignated by subsection (c) of this section, is 
amended by striking ", in fiscal years 1989 and 1990". 
TARIFF NOTICE PERIOD 
SEC. 7. (a) Section 203(b)(1) of the Communications Act of 1934 (47 
U.S.C. 203(b)(1)) is amended by striking "ninety days notice" and 
inserting in lieu thereof "one hundred and twenty days notice". 
(b) Section 203(b)(2) of the Communications Act of 1934 (47 U.S.C. 
203(b)(2)) is amended by striking "ninety days" and inserting in lieu 
thereof "one hundred and twenty days". 
AMATEUR RADIO SERVICE RECIPROCAL PERMITS 
SEC. 8. (a) Section 303(1)(3) of the Communications Act of 1934 (47 
U.S.C. 303(1)(3)) is amended by striking "bilateral agreement be-
tween the United States and the alien's government" and inserting 
in lieu thereof "multilateral or bilateral agreement, to which the 
United States and the alien's government are parties,". 
(b) Section 310(c) of the Communications Act of 1934 (47 U.S.C. 
310(c)) is amended by striking "bilateral agreement between the 
United States and the alien's government" and inserting in lieu 
thereof "multilateral or bilateral agreement, to which the United 
States and the alien's government are parties,". 
WILLFUL OR MALICIOUS INTERFERENCE 
SEC. 9. Part I of title III of the Communications Act of 1934 (47 
U.S.C. 301 et seq.) is amended by adding at the end the following 
new section: 
PUBLIC LAW 101-396—SEPT. 28, 1990 
104 STAT. 851 
WILLFUL OR MALICIOUS INTERFERENCE 
"SEC. 333. No person shall willfully or maliciously interfere with 
47 USC 333. 
or cause interference to any radio communications of any station 
licensed or authorized by or under this Act or operated by the 
United States Government.". 
APPLICABILITY OF FORFEITURES TO APPUCANTS 
SEC. 10. The first sentence of section 503(b)(5) of the Communica-
tions Act of 1934 (47 U.S.C. 50S(b)i5)) is amended by inserting "and if 
such person is not an applicant for a license, permit, certificate, or 
other authorization issued by the Commission," immediately before 
"unless, prior". 
Approved September 28, 1990. 
LEGISLATIVE HISTORY—H.R. 3265 (S. 1022): 
HOUSE REPORTS: No. 101-316 (Comm. on Energy and Commerce). 
SENATE REPORTS: No. 101-215 accompanying S. 1022 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Oct. 30, considered and passed House. 
Vol. 136 (1990): July 19, considered and passed Senate, amended, in lieu of 
S. 1022. 
Sept. 13, House concurred in Senate amendment.