Telecommunications Authorization Act of 1992
PL 102-538 (H.R.6180), enacted 10/27/1992

PUBLIC LAW 102-538—OCT. 27, 1992 
106 STAT. 3533 
Public Law 102-538 
102d Congress 
An Act 
To authorize appropriations for the National Telecommunications and Information 
Administration, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the Telecommunications Authoriza-
tion Act of 1992". 
TITLE 
I—NATIONAL 
TELECOMMUNI-
CATIONS AND INFORMATION ADMIN-
ISTRATION 
PART A—ORGANIZATION AND FUNCTIONS 
SEC. 101. SHORT TITLE. 
This title may be cited as the 'National Telecommimications 
and Information Administration Organization Act". 
SEC. 102. DEFTNITIONS; FINDINGS; POUCY. 
(a) DEFINITIONS.—In this title, the following definitions apply: 
(1) The term "NTIA" means the National Telecommuni-
cations and Information Administration. 
(2) The term "Assistant Secretary" means the Assistant 
Secretary for Commiuiications and Information. 
(3) The term "Secretary" means the Secretary of Commerce. 
(4) The term "Commission" means the Federal Communica-
tions Commission. 
(5) The term "Corporation" means the Communications 
Satellite Corporation authorized in title III of the Communica-
tions Satellite Act of 1962 (47 U.S.C. 731 et seq.). 
(b) FINDINGS.—The Congress finds the following: 
(1) Telecommunications and information are vital to the 
public welfare, national security, and competitiveness of the 
United States. 
(2) Rapid technological advances being made in the tele-
communications and information fields make it imperative that 
the United States maintain effective national and international 
policies and programs capable of taking advantage of continued 
advancements. 
(3) Telecommunications and information policies and rec-
ommendations advancing the strategic interests and the inter-
national competitiveness of the United States are essential 
aspects of the Nation's involvement in international commerce. 
(4) There is a critical need for competent and effective 
telecommunications and information research and analysis and 
Oct. 27, 1992 
[H.R. 6180] 
Tele-
communications 
Authorization 
Act of 1992. 
National 
Tele-
communications 
and Information 
Administration 
Organization 
Act. 
47 u s e 901 note. 
47 use 901. 
106 STAT. 3534 
PUBLIC LAW 102-538—OCT. 27, 1992 
national and international policy development, advice, and 
advocacy by the executive branch of the Federal Government. 
(5) As one of the largest users of the Nation's telecommuni-
cations facilities and resources, the Federal Government must 
manage its radio spectrum use and other internal communica-
tions operations in the most efficient and effective mtuiner 
possible. 
(6) It is in the national interest to codify the authority 
of the National Telecommunications and Information Adminis-
tration, an agency in the Department of Commerce, as the 
executive branch agency principally responsible for advising 
the President on telecommunications and information poUcies, 
and for carrying out the related functions it currently performs, 
as reflected in Executive Order 12046. 
(c) PouCY.—The NTIA shall seek to advance the following 
policies: 
(1) Promoting the benefits of technological development 
in the United States for all users of telecommunications and 
information facilities. 
(2) Fostering national safety and security, economic 
prosperity, and the delivery of critical social services tiirough 
telecommunications. 
(3) Facilitating and contributing to the full development 
of competition, efficiency, and the free flow of commerce in 
domestic and international telecommunications markets. 
(4) Fostering full and efficient use of telecommunications 
resources, including effective use of the radio spectrum by 
the Federal Government, in a manner which encourages the 
most beneficial uses thereof in the public interest. 
(5) Furthering scientific knowledge about telecommuni-
cations and information. 
47 use 902. 
SEC. 103. ESTABUSHBfENT; ASSIGNED FUNCTIONS. 
(a) ESTABUSHMENT.— 
(1) ADMlNiSTRATiON.^There shall be within the Depart-
ment of Commerce an administration to be known as the 
National Telecommunications and Information Administration. 
(2) HEAD OF ADMINISTRATION.—The head of the NTIA shall 
be an Assistant Secretary of Commerce for Communications 
and Information, who shall be appointed by the President, 
by and with the advice and consent of the Senate. 
(b) ASSIGNED FUNCTIONS.— 
(1) IN GENERAL.—Subject to section 105(d), the Secretary 
shall assign to the Assistant Secretary and the NTIA respon-
sibility for the performance of the Secretary's communications 
and information functions. 
(2) COMMUNICATIONS AND INFORMATION FUNCTIONS.—Sub-
ject to section 105(d), the functions to be assigned by the 
Secretary under paragraph (1) include (but are not limited 
to) the following functions transferred to the Secretanr by 
Reorganization Plan Number 1 of 1977 and Executive Order 
12046: 
(A) The authority delegated by the President to the 
Secretary to assign frequencies to radio stations or classes 
of radio stations belonging to and operated by the United 
States, including the authority to amend, modify, or revoke 
PUBLIC LAW 102-538—OCT. 27, 1992 
106 STAT. 3535 
such assignments, but not including the authority to make 
final disposition of appeals from frequency assignments. 
(B) The authority to authorize a foreign government 
to construct and operate a radio station at the seat of 
Grovemment of the United States, but only upon rec-
ommendation of the Secretary of State and after consulta-
tion with the Attorney General and the Chairman of the 
Commission. 
(C) Functions relating to the conmiunications satellite 
system, including authority vested in the President by sec-
tion 201(a) of the Communications Satellite Act of 1962 
(47 U.S.C. 721(a)) and delegated to the Secretary imder 
Executive Order 12046, to— 
(i) aid in the planning and development of the 
commercial communications satellite system and the 
execution of a national program for the operation of 
such a system; 
(ii) conduct a continuous review of all phases of 
the development and operation of such system, includ-
ing the activities of the Corporation; 
(iii) coordinate, in consultation with the Secretary 
of State, the activities of governmental agencies with 
responsibilities in the field of telecommimications, so 
as to ensure that there is full and effective compliance 
at all times with the policies set forth in the Commu-
nications Satellite Act of 1962; 
(iv) make recommendations to the President and 
others as appropriate, with respect to steps necessary 
to ensure the availability and appropriate utilization 
of the conmiunications satellite system for general 
governmental purposes in consonance with section 
201(aX6) of the Communications SateUite Act of 1962 
(47 U.S.C. 721(aX6)); 
(v) help attain coordinated and efficient use of 
the electromagnetic spectrum and the technical 
compatibility of the communications satellite system 
with existing communications facilities both in the 
United States and abroad; 
(vi) assist in the preparation of Presidential action 
docimients for consideration by the President as may 
be appropriate under section 201(a) of the Communica-
tions Satellite Act of 1962 (47 U.S.C. 721(a)), make 
necessary recommendations to the President in connec-
tion therewith, and keep the President informed with 
respect to the carr3dng out of the Commiuiications 
Satellite Act of 1962; and 
(vii) seme as the chief point of liaison between 
the President and the Corporation. 
(D) The authority to serve as the President's principal 
adviser on telecommunications policies pertaining to the 
Nation's economic and technological advancement and to 
the regulation of the telecommunications industry. 
(E) The authority to advise the Director of the Office 
of Management and Budget on the development of policies 
relating to the prociu-ement and management of Federal 
telecommunications systems. 
106 STAT. 3536 
PUBLIC LAW 102-538—(XTT. 27, 1992 
(F) The authority to conduct studies and evaluations 
concerning telecommunications research and development 
and concerning the initiation, improvement, expansion, 
testing, operation, and use of Federal telecommunications 
systems and advising agencies of the results of such studies 
and evaluations. 
K 
(G) Functions which involve— 
(i) developing and setting forth, in coordination 
with the Secretai^ of State and other interested agen-
cies, plans, poUcies, and programs which relate to inter-
national telecommunications issues, conferences, and 
negotiations; 
(ii) coordinating economic, technical, operational, 
and related preparations for United States participa-
tion in international telecommunications conferences 
and negotiations; and 
(iii) providing advice and assistance to the Sec-
retaiy of State on international telecommunications 
policies to strengthen the position and serve the best 
interests of the United States in support of the Sec-
retary of State's responsibility for the conduct of foreign 
affairs. 
(H) The authority to provide for the coordination of 
the telecommunications activities of the executive branch 
and assist in the formulation of policies and standards 
for those activities, including (but not Umited to) consider-
ations of interoperability, privacy, security, spectrum use, 
and emergency readiness. 
(I) The authority to develop and set forth telecommuni-
cations policies pertaining to the Nation's economic and 
technological advancement and to the regulation of the 
telecommunications industry. 
(J) The responsibility to ensure that the views of the 
executive branch on 
telecommunications 
matters are effec-
tively presented to the Commission and, in coordination 
with the Director of the Office of Management and Budget, 
to the Congress. 
(K) The authority to esteblish policies concerning spec-
trum assignments and use by radio stations belonging to 
and operated by the United States. 
(L) Functions which involve— 
(i) developing, in cooperation with the Conmiission, 
a comprehensive long-range plan for improved manage-
ment of all electromagnetic spectrum resources; 
(ii) performing analysis, engineering, and adminis-
trative functions, including the maintenance of nec-
essary files and data bases, as necessary for the 
performance of assigned functions for the management 
of electromagnetic spectrum resources; 
(iii) conducting research and analysis of electro-
magnetic propagation, radio systems characteristics, 
and operating techniques affecting the utilization of 
ttie electromagnetic spectrum in coordination with 
speciaUzed, related research and analysis performed 
by other Federal agencies in their areas of responsibil-
ity; and 
PUBLIC LAW 102-538—OCT. 27, 1992 
106 STAT. 3537 
(iv) conducting research and analysis in the gen-
eral field of telecommunications sciences in support 
of assigned functions and in support of other Govern-
ment agencies. 
(M) The authority to conduct studies and make rec-
ommendations concerning the impact of the convergence 
of computer and communications t^hnology. 
(N) The authority to coordinate Federal telecommiini-
cations assistance to State and local governments. 
(O) The authority to conduct and coordinate economic 
and technical analyses of telecommunications policies, 
activities, and opportunities in support of assigned func-
tions. 
(P) The authority to contract for studies and reports 
relating to any aspect of assigned functions. 
(Q) The authority to participate, as appropriate, in 
evaluating the capability of telecommunications resources, 
in recommending remedial actions, and in developing policy 
options. 
(R) The authority to participate with the National 
Security Council and the Director of the Office of Science 
and Technology Policy as they carry out their responsibil-
ities under sections 4-1, 4-2, and 4-3 of Executive Order 
12046, with respect to emergency functions, the national 
communication system, and telecommunications planning 
functions. 
(S) The authority to establish coordinating committees 
pursiiant to section 10 of Executive Order 11556. 
(T) The authority to establish, as permitted by law, 
such interagency committees and working groups composed 
of representatives of interested agencies ana consulting 
with such departments and agencies as may be necessary 
for the effective performance of assigned fimctions. 
(3) ADDITIONAL COMMUNICATIONS AND INFORMATION FUNC-
TIONS.—^In addition to the functions described in paragraph 
(2), the Secretary under paragraph (1)— 
(A) may assign to the NTIA the performance of func-
tions under section 504(a) of the Communications Satellite 
Act of 1962 (47 U.S.C. 753(a)); and 
(B) shall assign to the NTIA the administration of 
the Public Telecommunications Facilities Program imder 
sections 390 through 393 of the Communications Act of 
1934 (47 U.S.C. 390-393), and the National Endowment 
for Children's Educational Television under section 394 
of the Communications Act of 1934 (47 U.S.C. 394). 
SEC. 104. SPECTRUM MANAGEMENT ACTIVmES. 
47 USC 903. 
(a) REVISION OP REGULATIONS.—Within 180 days after the date Federal 
of the enactment of this Act, the Secretary of Commerce and the ??S?!^rL» 
NTIA shall amend the Department of Commerce spectrum manage- P
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ment document entitled 'Manual of Regulations and Procedures 
for Federal Radio Frequency Management^ to improve Federal spec-
trum management activities and shall publish in the Federal Reg-
ister any changes in the regulations in such document. 
(b) REQUIREMENTS FOR REVISIONS.—The amendments required 
by subsection (a) shall— 
59-194 O—93 
26:QL3(Pt. 4) 
106 STAT. 3538 
PUBLIC LAW 102-538—OCT. 27, 1992 
(1) provide for a period at the beginning of each meeting 
of the Interdepartmental Radio Advisory Committee to be open 
to the public to make presentations and receive advice, and 
provide the public with other meaningful opportunities to make 
-
^ presentations and receive advice; 
" 
(2) include provisions that will require (A) publication in 
the Federal Register of mcgor policy proposals that are not 
-''{ classified and that involve spectrum management, and (B) ade-
quate opportunity for public review and comment on those 
proposals; 
(3) include provisions that will require publication in the 
Federal Register of msgor policy decisions that are not classified 
and that involve spectrum management; 
(4) include provisions that will require that nonclassified 
spectrum management information be made available to the 
public, including access to electronic databases; and 
(5) establish procedures that provide for the prompt and 
impartial consideration of requests for access to Government 
spectrum by the public, which procedures shall include provi-
sions that will require the disclosiu^ of the status and ultimate 
disposition of any such request. 
(c) CERTIFICATION TO CONGRESS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Commerce 
shall certify to Congress that the Secretary has complied with 
this section. 
(d) RADIO SERVICES.— 
(1) ASSIGNMENTS FOR RADIO SERVICES.—In assigning fre-
quencies for mobile radio services and other radio services, 
the Secretary of Commerce shall promote efficient and cost-
effective use of the spectrum to the maximum extent feasible. 
(2) AUTHORITY TO WITHHOLD ASSIGNMENTS.—The Secretary 
of Commerce shall have the authority to withhold or refuse 
to assign frequencies for mobile radio service or other radio 
service in order to further the goal of making efficient and 
cost-effective use of the spectrum. 
(3) SPECTRUM PLAN.—By October 1, 1993, the Secretary 
of Commerce shall adopt and commence implementation of 
a plan for Federal agencies with existing mobile radio systems 
to use more spectrum-efficient technologies that are at least 
as spectrum-efficient and cost-effective as readily available 
commercial mobile radio systems. The plan shall include a 
time schedule for implementation. 
(4) REPORT TO CONGRESS.—By October 1, 1993, the Sec-
retary of Commerce shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of Represent-
atives a report summarizing the plan adopted under paragraph 
(3), including the implementation schedule for the plan. 
47 use 904. 
SEC. 105. GENERAL ADMINISTRATIVE PROVISIONS. 
(a) INTERAGENCY FUNCTIONS.— 
(1) AGENCY CONSULTATION.—Federal agencies shall consult 
with the Assistant Secretary and the NTIA to ensure that 
the conduct of telecommunications activities by such agencies 
is consistent with the policies developed imder section 
103(bX2XK). 
PUBLIC LAW 102-538—(Xrr. 27, 1992 
106 STAT. 3539 
(2) REPORT T
O PRESIDENT.—The Secretary shall timely sub-
mit to the Plresident each year the report (including evaluations 
and recommendations) provided for in section 404(a) of the 
Communications Satellite Act of 1962 (47 U.S.C. 744(a)). 
(3) COORDINATION WITH SECRETARY OP STATE.—The Sec-
retary shall coordinate with the Seoretary of State the perform-
ance of the functions described in section 103(bX2)(C). The 
Corporation and concerned executive agencies shall provide 
the Secretary with such assistance, documents, and other 
cooperation as will enable the Secretary to carry out those 
functions. 
(b) ADVISORY COMMITTEES AND INFORMAL CONSULTATIONS WITH 
INDUSTRY.—^To the extent the Assistant Secretary deems it nec-
essary to continue the Interdepartmental Radio Advisory Commit-
tee, such Committee shaU serve as an advisoiy committee to the 
Assistant Secretary and the NTIA As permitted by law, the Assist-
ant Secretary may establish one or more telecommunications or 
information advisory committees (or both) composed of experts in 
the telecommunications and/or information areas outside the 
Government. The NTIA may also informally consult with industry 
"
^ 
as appropriate to carry out the most effective performance of ite 
functions. 
(c) GENERAL PROVISIONS.— 
(1) REGULATIONS.—The Secretary and NTIA shall issue 
such regulations as may be necessary to carry out the functions 
assigned under this title. 
(2) SUPPORT AND ASSISTANCE FROM OTHER AGENCIES.—All 
executive agencies are authorized and directed to cooperate 
with the NTIA and to furnish it with such information, support, 
and assistance, not inconsistent with law, as it may require 
in the performance of its functions. 
(3) EFFECT ON VESTED FUNCTIONS.—Nothing in this title 
reassigns any function that is, on the date of enactment of 
this Act, vested by law or executive order in the Commission, 
or the Department of State, or any officer thereof. 
(d) REORGANIZATION.— 
(1) AUTHORITY TO REORGANIZE.—Subject to paragraph (2), 
the Secretary may reassign to another unit of the Department 
of Commerce a function (or portion thereof) required to be 
assigned to the NTIA by section 103(b). 
(2) LIMITATION ON AUTHORITY.—The Secretary may not 
make any reassignment of a function (or portion thereof) 
required to be assigned to the NTIA by section 103(b) unless 
the Secretary submits to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a statement 
describing the proposed reassignment and containing an expla-
nation of the re€isons for the reassignment. No reassignment 
of any such function (or portion thereof) shall be effective 
until 90 legislative days after the Secretary submits that state-
ment to such Committees. For purposes of this paragraph, 
the term "legislative days" includes only days on which both 
Houses of Congress are in session. 
(e) LIMITATION ON SOLICITATIONS.—Notvdthstanding section 1 
of the Act of October 2,1964 (15 U.S.C. 1522), neither the Secretary, 
the Assistant Secretary, nor any ofi&cer or employee of the NTIA 
shall solicit any gift or bequest of property, both real and personal. 
106 STAT. 3540 
PUBLIC LAW 102-538—OCT. 27, 1992 
from any entity for the purpose of furthering the authorized func-
tions of the NTIA if such solicitation would create a conflict of 
interest or an appearance of a conflict of interest. 
Part B—Special and Temporary Provisions 
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRA-
TION. 
There are authorized to be appropriated for the administration 
of the NTIA $17,600,000 for fiscal year 1992 and $17,900,000 for 
fiscal year 1993, and such simis as may be necessary for increases 
resulting from adjustments in salary, pay, retirement, other 
employee benefits required by law, and other nondiscretionary costs. 
SEC. 132. NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL 
TELEVISION. 
Section 394(h) of the Commimications Act of 1934 (47 U.S.C. 
394(h)) is amended— 
(1) by striking "1991 and" and inserting in lieu thereof 
"1991,"; and 
(2) by inserting ", $5,000,000 for fiscal year 1993, and 
$6,000,000 for fiscal year 1994" immediately after "1992". 
SEC. 133. PEACESAT PROGRAM. 
(a) FINDINGS.—Section 2(a) of the Act entitled "An Act to 
authorize appropriations for activities of the National Telecommuni-
cations and Information Administration for Fiscal Years 1990 and 
1991", approved November 15, 1990 (Public Law 101-555; 104 
Stat. 2758), is amended— 
(1) in paragraph (2) by striking "the Soviet Union and"; 
(2) in paragrapn (8)— 
(A) by striking "since 1988, significant progress has 
been" and inserting in lieu thereof "in fiscal years 1988 
and 1989, significant progress was"; and 
(B) by striking "negotiating to acquire" and inserting 
in lieu thereof "acquiring^; and 
(3) by striking all after paragraph (8) and inserting in 
lieu thereof the following new paragraphs: 
"(9) because these activities eimausted the funds previously 
appropriated for the PEACESAT program. Congress authorized 
to be appropriated $1,000,000 for nscal year 1990 and such 
sums as necessary for fiscal year 1991 for use by the Secretary 
of Commerce in the negotiation for and acquisition of satellite 
capacity and equipment under subsection (cXD of this section 
and the management and operation of satellite commimications 
services under subsection (cX2) of this section; 
"(10) while no fimds were appropriated for fiscal year 
1990 because of the availability o
f
^ carry-over funds. Congress 
appropriated $1,000,000 for fiscal year 1991 for the ongoing 
maintenance and operation of the GOES-3 satellite, for the 
administration of the PEACESAT program, for the acquisition 
and installation of earth stations and the training of engineers 
to operate the Earth stations, and for the study of a long-
term solution to the satellite needs of the PEACESAT program; 
"(11) with these funds, the PEACESAT program has been 
reestablished, over 20 new Earth terminals have been installed 
(some at the expense of the individual user groups), and the 
use of the PEACESAT network is expanding; 
PUBLIC LAW 102-538—OCT. 27, 1992 
106 STAT. 3541 
"(12) while the PEACESAT program has now heen reestab-
lished, additional funding continues to be necessary for the 
ongoing administrative and operational expenses of the 
P^CESAT program and especially for the acquisition of sat-
ellite capacity after 1994; 
"(13) the importance of the PEACESAT program to the 
educational and cultural communications in the Pacific Ocean 
region makes it imperative that the Secretary of (Commerce 
and tlie PEACESAT users explore every available option for 
long-term satellite capacity, including the possibility of using 
foreign-owned satellites or engaging in joint ventures with for-
eign entities to satisfy these long-term needs for transmission 
capacity; and 
"(14) whether or not a domestic or foreign-owned satellite 
is used for transmission, it is essential to the achievement 
of United States policy goals that the headquarters, manage-
ment, and operation of the PEACESAT program be located 
and conducted in the United States.". 
(b) AUTHORIZATION.—The first sentence of section 2(d) of such 
Act of November 15, 1990 (104 Stat. 2758), is amended by striking 
all through "fiscal year 1991" and inserting in lieu thereof "There 
are authorized to be appropriated $400,000 for fiscal year 1992 
and $1,500,000 for 
fiscal 
year 1993". 
SEC. 184. COBOfUNICATIONS FOR RURAL HEALTH PROVmERS. 
42 USC 254r 
(a) PURPOSE.—^It is the purpose of this section to improve the 
ability of rural health providers to use communications to obtain 
health information and to consult with others concerning the deliv-
ery of patient care. Such enhanced communications ability may 
assist in— 
(1) improving and extending the training of rural health 
professionids; and 
(2) improving the continuity of patient care in rural areas. 
(b) ADVISORY PANEL.—The Secretary of Commerce, in coi\)unc- Establishment. 
tion with the Secretary of Health and Human Services, shall estab-
lish an advisory panel (hereafi^er in this section referred to as 
the "Panel") to develop recommendations for the improvement of 
rural health care through the collection of information needed by 
providers and the improvement in the use of communications to 
disseminate such information. 
(c) COMPOSITION OF PANEL.—The Panel shall be composed of 
individuals firom organizations with rural constituencies and 
practitioners firom health care disciplines, representatives of the 
National Library of Medicine, and representatives of different 
health professions schools, including nurse practitioners. 
(d) SELEcrnoN OF CONSULTANTS.—The Panel may select consult-
ants to provide advice to the Panel regarding the types of informa-
tion that rural health care practitioners need, the procedures to 
gather and disseminate such information, and Uie types of commu-
nications equipment and training needed by rural health care 
practitioners to obtain access to such information. 
(e) REPORT TO CONGRESS.—Not later than 1 year after the 
Panel is established under subsection (b), the Secretaiy of Com-
merce shall prepare and submit, to the Committee on Commerce, 
Science, and IVansportation and the Committee on Labor and 
Human Resources of the Senate and the Committee on Energy 
106 STAT. 3542 
PUBLIC LAW 102-538—OCT. 27, 1992 
and Commerce of the House of Representatives, a report summariz-
ing the recommendations made by the Panel under subsection (b). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary of Commerce to carry out 
this section $1,000,000 to remain available until expended. 
SEC. 185. REPORT ON THE ROLE OF TELECOMMUNICATIONS IN HATE 
CRIMEa 
(a) REQUIREMENT OF REPORT.—Within 240 days after the date 
of enactment of this Act, the NTIA, with the assistance of the 
Commission, the Department of Justice, and the United States 
Commission on Civil Rights, shall prepare a report on the role 
of telecommunications in crimes of fiate and violent acts against 
ethnic, religious, and racial minorities and shall submit such report 
to the Committee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Tbransportation of 
the Senate. 
(b) SCOPE OF REPORT.—^The report required by subsection (a) 
shall— 
(1) anal3rze information on the use of telecommunications, 
including broadcast television and radio, cable television, public 
access television, computer bulletin boards, and other electronic 
media, to advocate and encourage violent acts and the commis-
sion of crimes of hate, as described in the Hate Crimes Statistics 
Act (28 U.S.C. 534), against ethnic, religious, and racial minori-
ties. 
(2) include any recommendations deemed appropriate and 
necessary by the OTIA 
TITLE II—FEDERAL COMMUNICATIONS 
COMMISSION 
SEC. 201. TRAVEL REIMBURSEMENT PROGRAM. 
Section 4(gX2XD) of the Commimications Act of 1934 (47 U.S.C. 
154(gX2XD)) is amended by striking "1992" and inserting in lieu 
thereof'*1994''. 
SEC. 202. HAWAn MONITORING STATION. 
Section 9(a) of the Federal Communications Commission 
Authorization Act of 1988 (Public Law 100-594; 102 Stat. 3024) 
is amended by striking "1989, 1990, 1991, and 1992" and inserting 
in lieu thereof "1991,1992,1993, and 1994". 
SEC. 203. CLARIFICATION OF COMMISSION REFUND AUTHORITY. 
Section 204(aXl) of the Communications Act of 1934 (47 U.S.C. 
204(aXl)) is amended— 
(1) by striking "an increased charge" and inserting in lieu 
thereof "a revised charge"; 
(2) by striking "or increased" and inserting in lieu thereof 
"or revised"; 
(3) by striking "increased charges" and inserting in lieu 
thereof "revised charges"; 
(4) by striking "charge increased, or sought to be increased" 
and inserting in lieu thereof "new or revised charge, or a 
proposed new or revised charge"; and 
PUBLIC LAW 102-538—OCT. 27, 1992 
106 STAT. 3543 
(5) by striking "increased charge" and inserting in lieu 
thereofnew or revised charge". 
SEC. 204. ELECTRONIC FILING OF APPUCATIONS. 
(a) WAIVER OF FREQUENCY OR SPECTRUM CLAIM.—Sections 304 
of the Communications Act of 1934 (47 U.S.C. 304) is amended 
by striking "signed a waiver of and inserting in lieu thereof 
"waived". 
(b) SIGNING OF LICENSE APPLICATIONS.—Section 308(b) of the 
Communications Act of 1934 (47 U.S.C. 308(b)) is amended by 
inserting "in any manner or form, including by electronic means, 
as the Commission may prescribe by regulation" immediately before 
the period at the end. 
(c) SIGNING OF CONSTRUCTION PERMIT APPLICATIONS.—Section 
319(a) of the Communications Act of 1934 (47 U.S.C. 319(a)) is 
amended by inserting "in any manner or form, including by elec-
tronic means, as the Commission may prescribe by regulation" 
immediately before the period at the end. 
SEC. 205. U C E N S E D OPERATORS. 
Section 318 of the Commimications Act of 1934 (47 U.S.C. 
318) is amended— 
(1) by striking "(3) stations engaged in broadcasting other 
than those engaged primarily in the function of rebroadcasting 
the signals of broadcast stations)"; and 
(2) by striking "(4)" and inserting in lieu thereof "(3)". 
SEC. 206. STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS. 
Section 503(bX6) of the Commimications Act of 1934 (47 U.S.C. 
503(bX6)) is amended— 
(1) by striking "so long as such violation occurred within 
3 years prior to the date of issuance of such required notice"; 
and 
(2) by adding at the end the following: "For purposes of 
this paragraph, ^ate of commencement of the current term 
of such license' means the date of conimencement of the last 
term of license for which the licensee has been granted a 
license by the Commission. A separate license term shall not 
be deemed to have commenced as a result of continuing a 
license in effect under section 307(c) pending decision on an 
application for renewal of the license.". 
SEC. 207. TELEPHONE OPERATOR SERVICES. 
Section 226(dX4XA) of the Communications Act of 1934 (47 
U.S.C. 226(dX4)(A)) is imiended l^ inserting "and aggregators" 
immediately after "operator services . 
SEC. 208. GIFT AND BEQUEST AUTHORITY. 
Section 4(g) of the Communications Act of 1934 (47 U.S.C. 
154(g)) is amended by adding at the end the following new para-
graph: 
"(3XA) Notwithstanding any other provision of law, in further-
ance of its functions the Commission is authorized to accept, hold, 
administer, and use unconditional gifts, donations, and bequests 
of real, personal, and other property (including voluntary and 
uncompensated services, as authorized by section 3109 of title 5, 
United States Code). 
106 STAT. 3544 
PUBLIC LAW 102-538—OCT. 27, 1992 
"(B) The Commission, for purposes of providing radio club and 
military-recreational call signs, may utilize the voluntary, 
uncompensated, and unreimbursed services of amateur radio 
organizations authorized by the Commission that have tax-exempt 
status under section 501(cX3) of the Internal Revenue Code of 
1986. 
"(C) For the purpose of Federal law on income taxes, estate 
taxes, and gift taxes, property or services accepted under the author-
ity of subpara^aph (A) shall be deemed to be a gift, bequest, 
or devise to the Umted States. 
Regulations. 
"(D) The Commission shall promulgate regulations to carry 
out the provisions of this paragra^. Such regulations shall include 
provisions to preclude the acceptance of any gift, bequest, or dona-
tion that would create a conflict of interest or the appearance 
of a conflict of interest.". 
SEC. 209. CHANGES TO SCHEDULE OF CHARGEa 
(a) FEES FOR LOW-EARTH ORBIT SATELLITE SYSTEMS.—The 
Schedule of Chaiges under section 8(g) of the Communications 
Act of 1934 (47 U.S.C. 158(g)) is amended by adding at the end 
of the matter under the heading "Common (Jarrier Services" the 
following: 
'^2. Low-Earth Orbit Satellite Systems 
a. Application for Authority to Construct (per system of tech-
noloe^ identical satellites). 
6,000.00 
b. ^pucation for Authority to Launch and Operate (per system 
of technologicaUv identical satellites). 
210,000.00 
c. Assignment or Transfer (per request) 
6,000.00 
d. Mocufication (per request) 
15,000.00 
e. Special Temporary Authority or Waiver of Prior Construction 
Authorization (per request). 
1,500.00 
f. Amendment of Application (per request) 
3,000.00 
g. Extension of Construction Permit/Launch Authorization (per 
request). 
1,500.00". 
(b) FEE FOR INSPECTION OF GREAT LAKES VESSELS.—The matter 
under the heading 'MISCELLANEOUS CHARGES" in the Schedule 
of Charges for section 8(g) of the Communications Act of 1934 
(47 U.S.C. 158(g)) is amended by striking "360.00" in item 3.c. 
(relating to the mspection of vessels under the Great Lakes Agree-
ment) and inserting in lieu thereof "75.00". 
SEC. 210. TOWER SAFETY ACCOUNTABHJTY. 
(a) LIABILITY EXTENDED TO TOWER OWNERS.—Section 303(q) 
of the Communications Act of 1934 (47 U.S.C. 303(q)) is amended 
by inserting ", and the tower owner in an^ case in which the 
owner is not the permittee or licensee," immediately after "permittee 
or licensee". 
(b) LIABILITY FOR FORFEITURE.—Section 503(bX5) of the 
Communications Act of 1934 (47 U.S.C. 503(bX5)) is amended— 
(1) by striking "system operator or" and inserting in lieu 
thereof "system operator,"; and 
(2) bv inserting ", or in the case of violations of section 
303(a), if the person involved is a nonlicensee tower owner 
who nas previously received notice of the obligations imposed 
by section 303(q) from the Commission or the permittee or 
licensee who uses that tower" immediately aner "section 
307(e)". 
4
7 use 303 note. 
(c) E
F
F
E
C
T
I
V
E DATE.—The amendments made by subsection 
(a) shall take effect 30 days after the date of enactment of this 
Act. 
PUBLIC LAW 102-538—OCT. 27, 1992 
106 STAT. 3545 
SEC. 211. REVIEW OF UCENSE TRANSFER. 
(a) REQUIREMENT FOR HEARING.—The Federal Communications 
Commission shall not approve any assignment or transfer of control 
of a license held by any corporation identified in subsection (b) 
without first holding a fiill hearing on the record, with notice 
and opportunity for conmient. 
(b) APPLICABILITY.—Subsection (a) applies to any corporation 
holding a television broadcast license, the transfer of which was 
approved by the Federal Communications Commission on November 
14, 1985, and which is a corporation owned or controlled directly 
or indirectly by a corporation organized pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.). 
(c) REPORT TO CONGRESS.—The Federal Commimications 
Commission shall submit a report to the Committee on Energy 
and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate concerning 
the proposed transfer 30 days prior to authorizing any such transfer. 
The report required by tbls subsection shall include a review of 
the consistency of such transfer Math the Commission's minority 
ownership policies. 
(d) WAIVER.—^The requirements of subsections (a) and (c) shall 
not apply in any case in which the Native Regional corporation 
identified in subsection (b) requests in writing that this section 
be waived by the Federal Communications Commission. 
SEC. 212. COMMUNICATIONS SUPPORT FROM OLDER AMERICANS. 
(a) AUTHORITY FOR GRANTS AND COOPERATIVE AGREEMENTS.— 
Section 6(a) of the Federal Communications Commission Authoriza-
tion Act of 1988 (47 U.S.C. 154 note) is amended— 
(1) by striking "1988, 1989, 1990, and 1991" and inserting 
in lieu thereof "1992 and 1993"; and 
(2) by inserting "designated by the Secretary of Labor under 
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 
et seq.)" immediately after "private nonprofit organizations". 
(b) CERTIFICATION.—Section 6(b) of the Federal Communica-
tions Commission Authorization Act of 1988 (47 U.S.C. 154 note) 
is amended— 
(1) by adding "or" at the end of paragraph (2); 
(2) by striking paragraph (3); and 
(3) by redesignating paragraph (4) as paragraph (3). 
SEC. 213. TELEPHONE RATES FOR MEMBERS OF ARMED FORCES 47 USC 201 note. 
DEPLOYED ABROAD. 
(a) IN GENERAL.—^The Federal Communications Commission 
shall make efforts to reduce telephone rates for Armed Forces 
personnel in the following countries: Germany, Japan, Korea, Saudi 
Arabia, Great Britain, Italy, Philippines, Panama, Spain, Turkey, 
\ 
Iceland, the Netherlands, (Greece, Cuba, Belgium, Portugal, Ber-
muda, Diego Garcia, Egyp>t, and Honduras. 
(b) FACTORS TO CONSIDER.—In making the efforts described 
in subsection (a), the Federal Commimications Commission, in 
coordination with the Department of Defense, Department of State, 
and the National Telecommunications and Information Administra-
tion shall consider the cost to military personnel and their families 
of placing telephone calls by— 
106 STAT. 3546 
PUBLIC LAW 102-538—OCT. 27, 1992 
(1) evaluating and analyzing the costs to Armed Forces 
personnel of such telephone calls to and 
fi:t>m 
American military 
bases abroad; 
(2) evaluate methods of reducing the rates imposed on 
such calls; 
(3) determine the extent to which it is feasible for the 
Federal Communications Commission to encourage tihe carriers 
to adopt flexible billing procedures and policies for members 
of the Armed Forces and their families for telephone calls 
to and from the countries listed in subsection (a); ana 
(4) advise executive branch agencies of methods for the 
United Stetes to persuade foreign governments to reduce the 
surcharges that are often placed on such telephone calls. 
47 u s e 303 note. 
SEC. 214. AM RADIO mPROVEMENT STANDARD. 
The Federal Communications Conmiission shall— 
(1) within 60 days after the date of enactment of this 
Act, initiate a rulemaJcing to adopt a single AM radio stereo-
phonic transmitting equipment stendard that specifies the com-
position of the transmitted stereophonic signal; and 
(2) within one year after such date of enactment, adopt 
such standard. 
Approved October 27, 1992. 
LEGISLATIVE HISTORY—H.R. 6180: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Oct. 5, considered and passed House. 
Oct. 8, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 27, Presidential statement.