Federal Communications Commission Authorization Act of 1988
PL 100-594 (S.1048), enacted 11/03/1988

PUBLIC LAW 100-594—NOV. 3, 1988 
102 STAT. 3021 
Public Law 100-594 
100th 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, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Federal Communications 
Commission Authorization Act of 1988". 
Nov. 3, 1988 
[S. 1048] 
Federal 
Communications 
Commission 
Authorization 
Act of 1988. 
47 u s e 609 note. 
A U T H O R I Z A T I O N O F 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. There are authorized to be appropriated for the adminis-
tration of this Act by the Commission $107,250,000 for fiscal year 
1988 and $109,250,000 for fiscal year 1989, 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 1988 
and 1989.". 
(b) The amendment made by subsection (a) of this section shall 
apply with respect to fiscal years beginning after September 30, 
1987. 
TRAVEL REIMBURSEMENT PROGRAM 
SEC. 3. Section 4(g)(2)(D) of the Communications Act of 1934 (47 
U.S.C. 154(gX2)(D)) is amended by striking "1987" and inserting in 
lieu thereof "1989". 
47 u s e 156 note. 
ANNUAL M A N A G E M E N T REPORT 
SEC. 4. Subsection (g) of section 5 of the Communications Act of 
1934 (47 U.S.C. 155) is repealed. 
FEE SCHEDULE 
SEC. 5. Section 8(bXl) of the Communications Act (47 U.S.C. 
158(b)(1)) is amended by striking "the date of enactment of this 
section" the first time it appears and inserting in lieu thereof 
"April 1,1987,". 
OLDER AMERICANS PROGRAM 
SEC. 6. (a) During fiscal years 1988 and 1989, the Federal Commu-
nications Commission is authorized to make grants to, or enter into 
cooperative agreements with, private nonprofit organizations to 
Grants. 
Contracts. 
47 u s e 154 note. 
102 STAT. 3022 
PUBLIC LAW 100-594—NOV. 3, 1988 
utilize the talents of older Americans in programs authorized by 
other provisions of law administered by the Commission (and 
consistent with such provisions of law) in providing technical and 
administrative assistance for projects related to the implementation, 
promotion, or enforcement of the regulations of the Commission. 
(b) Prior to awarding any grant or entering into any agreement 
under subsection (a), the Office of the Managing Director of the 
Commission shall certify to the Commission that such grant or 
agreement will not— 
(1) result in the displacement of individuals currently em-
ployed by the Commission; 
(2) result in the employment of any individual when any other 
individual is on layoff status from the same or a substantially 
equivalent job within the jurisdiction of the Commission; 
(3) result in filling a position prior to (A) publicly announcing 
the availability of such position, and (B) attempting to fill such 
position in accordance with regular employment procedures; or 
(4) affect existing contracts for services. 
(c) Participants in any program under a grant or cooperative 
agreement pursuant to this section shall— 
(1) execute a signed statement with the Commission in which 
such participants certify that they will adhere to the standards 
of conduct prescribed for regular employees of the Commission, 
as set forth in part 19 of title 47, Code of Federal Regulations; 
and 
(2) execute a confidential statement of employment and finan-
cial interest (Federal Communications Commission Form A-54) 
prior to commencement of work under the program. 
Failure to comply with the terms of the signed statement described 
in paragraph (1) shall result in termination of the individual under 
the grant or agreement. 
(d) Nothing in this section shall be construed to permit employ-
ment of any such participant in any decisionmaking or policy-
making position. 
(e) Grants or agreements under this section shall be subject to 
prior appropriation Acts. 
CONGRESSIONAL COMMUNICATIONS 
SEC. 7. (a) The prohibition in section 1.1203(a) of title 47, Code of 
Federal Regulations, shall not apply to any of the types of presen-
tations listed in section 1.1204(b) of such title nor to any presen-
tation made by a member or officer of Congress, or a staff person of 
any such member or officer, acting in his or her official capacity, 
in— 
(1) any non-restricted proceeding under section 1.1206(b) of 
such title; 
(2) any exempt proceeding under section 1.1204(a)(2) of such 
title not involving the allotment of a channel in the radio 
broadcast or television broadcast services; or 
(3) any exempt proceeding under section 1.1204 (a)(4) through 
(a)(6) of such title. 
(b) Each reference in subsection (a) of this section to a provision of 
title 47, Code of Federal Regulations, applies to such provision as in 
effect on the date of enactment of this Act. No subsequent amend-
ment of the rules or regulations in such title shall have the effect of 
prohibiting any presentation of the kind that would be permitted 
PUBLIC LAW 100-594—NOV. 3, 1988 
102 STAT. 3023 
under subsection (a) of this section on the date of enactment of this 
Act. 
TARIFF REVIEW 
SEC. 8. (a) Section 5(c)(1) of the Communications Act of 1934 (47 
U.S.C. 155(c)(1)) is amended, in the first sentence, by inserting 
immediately after "this subsection" the following: "and except any 
action referred to in sections 204(a)(2), 208(b), and 405(b)". 
(b) Section 204(a) of the Communications Act of 1934 (47 U.S.C. 
204(a)) is amended— 
(1) by inserting "(1)" immediately before "Whenever"; and 
(2) by adding at the end the following new paragraph: 
"(2)(A) Except as provided in subparagraph (B), the Commission 
shall, with respect to any hearing under this section, issue an order 
concluding such hearing within 12 months after the date that the 
charge, classification, regulation, or practice subject to the hearing 
becomes effective, or within 15 months after such date if the hearing 
raises questions of fact of such extraordinary complexity that the 
questions cannot be resolved within 12 months. 
"(B) The Commission shall, with respect to any such hearing 
initiated prior to the date of enactment of this paragraph, issue an 
order concluding the hearing not later than 12 months after such 
date of enactment. 
"(C) Any order concluding a hearing under this section shall be a 
final order and may be appealed under section 402(a).". 
(c) Section 208 of the Communications Act of 1934 (47 U.S.C. 208) 
is amended— 
(1) by redesignating the existing text as subsection (a); and 
(2) by adding at the end the following new subsection: 
"(b)(1) Except as provided in paragraph (2), the Commission shall, 
with respect to any investigation under this section of the lawful-
ness of a charge, classification, regulation, or practice, issue an order 
concluding such investigation within 12 months after the date on 
which the complaint was filed, or within 15 months after such date 
if the investigation raises questions of fact of such extraordinary 
complexity that the questions cannot be resolved within 12 months. 
"(2) The Commission shall, with respect to any such investigation 
initiated prior to the date of enactment of this subsection, issue an 
order concluding the investigation not later than 12 months after 
such date of enactment. 
"(3) Any order concluding an investigation under paragraph (1) or 
(2) shall be a final order and may be appealed under section 402(a).". 
(d) Section 405 of the Communications Act of 1934 (47 U.S.C. 405) 
is amended— 
(1) by redesignating the existing text as subsection (a); 
(2) in subsection (a), as so redesignated, by striking "section 
5(d)(1)" each place it appears and inserting in lieu thereof 
"section 5(c)(1)"; and 
(3) by adding at the end the following new subsection: 
"(b)(1) Within 90 days after receiving a petition for reconsider-
ation of an order concluding a hearing under section 204(a) or 
concluding an investigation under section 208(b), the Commission 
shall issue an order granting or denying such petition. 
"(2) Any order issued under paragraph (1) shall be a final order 
and may be appealed under section 402(a).". 
102 STAT. 3024 
PUBLIC LAW 100-594—NOV. 3, 1988 
HAWAII MONITORING STATION 
Real property. 
SEC. 9. (a) The Federal Communications Commission is authorized 
to expend such funds as may be required in fiscal years 1989 and 
1990, out of its appropriations for such fiscal years, to relocate 
within the State of Hawaii the Hawaii Monitoring Station presently 
located in Honolulu (Waipahu), including all necessary expenses 
for— 
(1) acquisition of real property; 
(2) options to purchase real property; 
(3) architectural and engineering services; 
(4) construction of a facility at the new location; 
(5) transportation of equipment and personnel; 
(6) lease-back of real property and related personal property 
at the present location of the Monitoring Station pending ac-
quisition of real property and construction of a facility at a new 
location; and 
(7) the re-establishment, if warranted by the circumstances, of 
a downtown office to serve the residents of Honolulu. 
(b) The Federal Communications Commission shall declare as 
surplus property, for disposition by the General Services Adminis-
tration, the real property (including the structures and fixtures) and 
related personal property which are at the present location of the 
Hawaii Monitoring Station and which will not be relocated. Not-
withstanding sections 203 and 204 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484 and 485), the 
General Services Administration shall sell such real and related 
personal property on an expedited basis, including provisions for 
leaseback as required, and shall reimburse the Commission from the 
net proceeds of the sale for all of the expenditures of the Commis-
sion associated with such relocation of the Monitoring Station. Any 
such reimbursed funds received by the Commission shall remain 
available until expended. 
(c) The net proceeds of the sale of such real and related property, 
less any funds reimbursed to the Federal Communications Commis-
sion pursuant to subsection (b), and less normal and reasonable 
charges by the General Services Administration for costs associated 
with such sale, shall be deposited in the general funds of the 
Treasury. 
(d) The Hawaii Monitoring Station shall continue its full oper-
ations at its present location until a new facility has been built and 
is fully operational at a new location. 
(e) The Federal Communications Commission and the General 
Services Administration shall not take any action under this section 
committing any funds disposing of any property in connection with 
the relocation of the Hawaii Monitoring Station until— 
(1) the Chairman of the Commission and the Administrator of 
General Services have jointly prepared and submitted, to the 
Committee on Appropriations, the Committee on Commerce, 
Science, and Transportation, and the Committee on Govern-
mental Affairs of the Senate, and the Committee on Appropria-
tions, the Committee on Energy and Commerce, and the 
Committee on Government Operations of the House of Rep-
resentatives, a letter or other document setting forth in detail 
the plan and procedures for such relocation which will reason-
ably carry out, in an expeditious manner, the provisions of this 
section but will not disrupt or defer any programs or regulatory 
PUBLIC LAW 100-594—NOV. 3, 1988 
102 STAT. 3025 
activities of the Commission or adversely affect any employee of 
the Commission (other than those at the Monitoring Station 
who may be required to transfer to another location) through 
the use of appropriations for the Commission, in fiscal years 
1989 and 1990; and 
(2) at least 30 calendar days have passed since the receipt of 
such document by such committees. 
SENSE OF CONGRESS 
SEC. 10. (a) The Congress finds that— 
(1) more than four hundred and thirty-five thousand four 
hundred radio amateurs in the United States are licensed by 
the Federal Communications Commission upon examination in 
radio regulations, technical principles, and the international 
Morse code; 
(2) by international treaty and the Federal Communications 
Commission regulation, the amateur is authorized to operate 
his or her station in a radio service of intercommunications and 
technical investigations solely with a personal aim and without 
pecuniary interest; 
(3) among the basic purposes for the Amateur Radio Service is 
the provision of voluntary, noncommercial radio service, 
particularly emergency communications; and 
(4) volunteer amateur radio emergency communications serv-
ices have consistently and reliably been provided before, during, 
and after floods, tornadoes, forest fires, earthquakes, blizzards, 
train wrecks, chemical spills, and other disasters. 
Oa) It is the sense of the Congress that— 
(1) it strongly encourages and supports the Amateur Radio 
Service and its emergency communications efforts; and 
(2) Government agencies shall take into account the valuable 
contributions made by amateur radio operators when consider-
ing actions affecting the Amateur Radio Service. 
Approved November 3, 1988. 
LEGISLATIVE HISTORY—S. 1048 (H.R. 2961): 
HOUSE REPORTS: No. 100-363 accompanying H.R. 2961 (Ck)mm. on Energy and 
Commerce). 
SENATE REPORTS: No. 100-142 (Comm. on Commerce, Science, and Transporta-
tion). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Oct. 13, H.R. 2961 considered and passed House. 
Vol. 134 (1988): Oct. 7, S. 1048 considered and passed Senate. 
Oct. 19, considered and passed House.