[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4522 Reported in House (RH)]

                                                 Union Calendar No. 466

103d CONGRESS

  2d Session

                               H. R. 4522

                          [Report No. 103-844]

_______________________________________________________________________

                                 A BILL

To amend the Communications Act of 1934 to extend the authorization of 
appropriations of the Federal Communications Commission, and for other 
                               purposes.

_______________________________________________________________________

                            October 6, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 466
103d CONGRESS
  2d Session
                                H. R. 4522

                          [Report No. 103-844]

To amend the Communications Act of 1934 to extend the authorization of 
appropriations of the Federal Communications Commission, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 1994

    Mr. Markey (for himself and Mr. Fields of Texas) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

                            October 6, 1994

                    Additional sponsor: Mr. Boucher

                            October 6, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to extend the authorization of 
appropriations of 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,

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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Communications Commission 
Authorization Act of 1994''.

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 administration of 
this Act by the Commission $188,400,000 for fiscal year 1995, 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 fiscal year 
1995. Of the sum appropriated in each fiscal year under this section, a 
portion, in an amount determined under sections 8(b) and 9(b), shall be 
derived from fees authorized by sections 8 and 9.''.
    (b) Travel and Reimbursement Program.--Section 4(g)(2) of the 
Communications Act of 1934 (47 U.S.C. 154(g)(2)) is amended to read as 
follows:
    ``(2) The Commission shall submit to the appropriate committees of 
Congress, and publish in the Federal Register, semiannual reports 
specifying the reimbursements which the Commission has accepted under 
section 1353 of title 31, United States Code.''.
    (c) Communications Support From Older Americans.--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''.

SEC. 3. APPLICATION FEES.

    (a) Adjustment of Application Fee Schedule.--Section 8(b) of the 
Communications Act of 1934 (47 U.S.C. 158(b)) is amended to read as 
follows:
    ``(b)(1) For fiscal year 1995 and each fiscal year thereafter, the 
Commission shall, by regulation, modify the application fees by 
proportionate increases or decreases so as to result in estimated total 
collections for the fiscal year equal to--
            ``(A) $40,000,000; plus
            ``(B) an additional amount, specified in an appropriation 
        Act for the Commission for that fiscal year to be collected and 
        credited to such appropriation, not to exceed the amount by 
        which the necessary expenses for the costs described in 
        paragraph (5) exceeds $40,000,000.
    ``(2) In making adjustments pursuant to this paragraph the 
Commission may round such fees to the nearest $5.00 in the case of fees 
under $100, or to the nearest $20 in the case of fees of $100 or more. 
The Commission shall transmit to the Congress notification of any 
adjustment made pursuant to this paragraph immediately upon the 
adoption of such adjustment.
    ``(3) The Commission is authorized to continue to collect fees at 
the prior year's rate until the effective date of fee adjustments or 
amendments made pursuant to paragraphs (1) and (4).
    ``(4) The Commission shall, by regulation, add, delete, or 
reclassify services, categories, applications, or other filings subject 
to application fees to reflect additions, deletions, or changes in the 
nature of its services or authorization of service processes as a 
consequence of Commission rulemaking proceedings or changes in law.
    ``(5) Any modified fees established under paragraph (4) shall be 
derived by determining the full-time equivalent number of employees 
performing application activities, adjusted to take into account other 
expenses that are reasonably related to the cost of processing the 
application or filing, including all executive and legal costs incurred 
by the Commission in the discharge of these functions, and other 
factors that the Commission determines are necessary in the public 
interest. The Commission shall--
            ``(A) transmit to the Congress notification of any proposed 
        modification made pursuant to this paragraph immediately upon 
        adoption of such proposal; and
            ``(B) transmit to the Congress notification of any 
        modification made pursuant to this paragraph immediately upon 
        adoption of such modification.
    ``(6) Increases or decreases in application fees made pursuant to 
this subsection shall not be subject to judicial review.''.
    (b) Treatment of Additional Collections.--Section 8(e) of such Act 
is amended to read as follows:
    ``(e) Of the moneys received from fees authorized under this 
section--
            ``(1) $40,000,000 shall be deposited in the general fund of 
        the Treasury to reimburse the United States for amounts 
        appropriated for use by the Commission in carrying out its 
        functions under this Act; and
            ``(2) the remainder shall be deposited as an offsetting 
        collection in, and credited to, the account providing 
        appropriations to carry out the functions of the Commission.''.
    (c) 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..............          35
        ``c. Application for assignment or transfer of              230
            control.
        ``d. Application for renewal of license............          35
        ``e. Request for special temporary authority.......         200
        ``f. Notification of completion of construction....          35
        ``g. Request to combine service areas..............       50''.
    (d) Vanity Call Signs.--
            (1) Lifetime license fees.--
                    (A) Amendment.--The schedule of application 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 amendment made by this 
                subsection shall be deposited as an offsetting 
                collection in, and credited to, the account providing 
                appropriations to carry out the functions of the 
                Commission.
            (2) Termination of annual regulatory fees.--The schedule of 
        regulatory fees in section 9(g) of such Act (47 U.S.C. 159(g)) 
        is amended by striking the following item from the fees 
        applicable to the Private Radio Bureau:

                                                                        
                                                                        
                                                                        
               ``Amateur vanity call-signs................          7''.
                                                                        

SEC. 4. REGULATORY FEES.

    (a) Executive and Legal Costs.--Section 9(a)(1) of the 
Communications Act of 1934 (47 U.S.C. 159(a)(1)) is amended by 
inserting before the period at the end the following: ``, and all 
executive and legal costs incurred by the Commission in the discharge 
of these functions''.
    (b) Establishment and Adjustment.--Section 9(b) of such Act is 
amended--
            (1) in paragraph (4)(B), by striking ``90 days'' and 
        inserting ``45 days''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Effective date of adjustments.--The Commission is 
        authorized to continue to collect fees at the prior year's rate 
        until the effective date of fee adjustments or amendments made 
        pursuant to paragraph (2) or (3).''.
    (c) Regulatory Fees for Satellite TV Operations.--The schedule of 
regulatory fees in section 9(g) of such Act is amended, in the fees 
applicable to the Mass Media Bureau, by inserting after each of the 
items pertaining to construction permits in the fees applicable to VHF 
commercial and UHF commercial TV the following new item:

                                                                        
                                                                        
                                                                        
                 ``Terrestrial television satellite                     
                  operations..............................        500''.
                                                                        

    (d) Governmental Entities use for Common Carrier Purposes.--Section 
9(h) of such Act is amended by adding at the end the following new 
sentence: ``The exceptions provided by this subsection for governmental 
entities shall not be applicable to any services that are provided on a 
commercial basis in competition with another carrier.''.
    (e) Information Required in Connection with Adjustment of 
Regulatory Fees.--Title I of such Act is amended--
            (1) in section 9, by striking subsection (i); and
            (2) by inserting after section 9 the following new section:

``SEC. 10. ACCOUNTING SYSTEM AND ADJUSTMENT INFORMATION.

    ``(a) Accounting System Required.--The Commission shall develop 
accounting systems for the purposes of making the adjustments 
authorized by sections 8 and 9. The Commission shall annually prepare 
and submit to the Congress an analysis of such systems and shall 
annually afford interested persons the opportunity to submit comments 
concerning the allocation of the costs of performing the functions 
described in section 8(a)(5) and 9(a)(1) in making such adjustments in 
the schedules required by sections 8 and 9.
    ``(b) Information Required in Connection with Adjustment of 
Application and Regulatory Fees.--
            ``(1) Schedule of requested amounts.--No later than May 1 
        of each calendar year, the Commission shall prepare and 
        transmit to the Committees of Congress responsible for the 
        Commission's authorization and appropriations a detailed 
        schedule of the amounts requested by the President's budget to 
        be appropriated for the ensuing fiscal year for the activities 
        described in sections 8(a)(5) and 9(a)(1), allocated by 
        bureaus, divisions, and offices of the Commission.
            ``(2) Explanatory statement.--If the Commission anticipates 
        increases in the application fees or regulatory fees applicable 
        to any applicant, licensee, or unit subject to payment of fees, 
        the Commission shall submit to the Congress by May 1 of such 
        calendar year a statement explaining the relationship between 
        any such increases and either (A) increases in the amounts 
        requested to be appropriated for Commission activities in 
        connection with such applicants, licensees, or units subject to 
        payment of fees, or (B) additional activities to be performed 
        with respect to such applicants, licensees, or units.
            ``(3) Definition.--For purposes of this subsection, the 
        term `amount requested by the President'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 information required by this 
        subsection within 10 days after the date of any such 
        adjustment.''.

SEC. 5. INSPECTION OF SHIP RADIO STATIONS.

    (a) Authority To Designate Entities To Inspect.--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: ``And provided further, That, in the 
alternative, an entity designated by the Commission may make the 
inspections referred to in this paragraph.''.
    (b) Conduct of Inspections.--Section 362(b) of such Act (47 U.S.C. 
362(b)) is amended to read as follows:
    ``(b) Every ship of the United States that is subject to this part 
shall have the equipment and apparatus prescribed therein inspected at 
least once each year by the Commission or an entity designated by the 
Commission. If, after such inspection, the Commission is satisfied that 
all relevant provisions of this Act and the station license have been 
complied with, the fact shall be certified to on the station license by 
the Commission. The Commission shall make such additional inspections 
at frequent intervals as the Commission determines may be necessary to 
ensure compliance with the requirements of this Act. The Commission 
may, upon a finding that the public interest could be served 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 that is operating 
        solely in waters beyond the jurisdiction of the United States, 
        provided that such inspection shall be performed within 30 days 
        of such vessel's return to the United States.''.
    (c) Inspection By Other Entities.--Section 385 of such Act (47 
U.S.C. 385) is amended by inserting ``or an entity designated by the 
Commission'' after ``The Commission''.

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 sentence and inserting the 
following: ``Except for cases involving the authorization of service in 
the Instructional Television 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 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 information filed by the carrier or 
any interested party and shall presume the facts alleged by the carrier 
to be true.''.

SEC. 8. REFUND AUTHORITY.

    Section 220(d) of the Communications Act of 1934 (47 U.S.C. 220(d)) 
is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The Commission may require by order the refund of such 
portion of any charge or expenditure by any carrier or carriers as 
results from a violation of paragraph (1) of this subsection or of any 
of the rules promulgated pursuant to such paragraph. Such refunds shall 
be paid, with interest, to such persons or classes of persons as the 
Commission determines reasonably represent the persons from whom 
amounts were improperly received by reason of such violation. No 
refunds shall be required under this paragraph unless--
            ``(A) the Commission issues an order advising the carrier 
        of its potential refund liability and provides the carrier with 
        an opportunity to file written comments as to why refunds 
        should not be required; and
            ``(B) such order is issued not later than 5 years after the 
        date the violation occurred.
In the case of a continuing violation, a violation shall be considered 
to occur on each date that the violation is repeated. Nothing in this 
subsection shall be construed to require a carrier to retain for such 5 
year period records with respect to amounts paid by or on behalf of 
such persons.''.

SEC. 9. LICENSING OF AVIATION, MARITIME, AND PERSONAL 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 established 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 
services; (B) the aviation radio service for aircraft stations operated 
on domestic flights when such aircraft are not otherwise required to 
carry a radio station; and (C) the maritime 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 `personal 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.

    (a) Funding Availability.--Section 309(j)(8)(B) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended by 
adding at the end the following new sentence: ``Such offsetting 
collections are authorized to remain available until expended.''.
    (b) Escrow of Deposits.--Section 309(j)(8) of such Act is further 
amended by adding at the end the following new subparagraph:
                    ``(C) Escrow of deposit.--The Commission is 
                authorized, based on the competitive bidding 
                methodology selected, to provide for the deposit of 
                moneys for bids in an interest-bearing account until 
                such time as the Commission accepts a deposit from the 
                high bidder. All interest earned on bid moneys received 
                from the winning bidder shall be deposited into the 
                general fund of the Treasury. All interest earned on 
                bid moneys deposited from unsuccessful bidders, less 
                any applicable fees and penalties, shall be paid to 
                those bidders.''.

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 paragraph (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);
            (2) by striking the semicolon at the end of subparagraph 
        (D) and inserting ``; or''; and
            (3) by adding after subparagraph (D) the following 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. FINDINGS AND POLICY REGARDING THE AMATEUR RADIO SERVICE.

    The Congress finds and declares that--
            (1) radio amateurs are hereby commended for their 
        contributions to technical progress in electronics, and for 
        their emergency radio communications in times of disaster;
            (2) the Federal Communications Commission is urged to 
        continue and enhance the development of the amateur radio 
        service as a public benefit by adopting rules and regulations 
        which encourage the use of new technologies within the amateur 
        radio service; and
            (3) the Commission is urged to make reasonable 
        accommodations for the effective operation of amateur radio 
        from residences, private vehicles and public areas, and all 
        levels of government are urged to facilitate and encourage 
        amateur radio operation as a public benefit.

SEC. 13. STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS 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);
            (3) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (4) by inserting after subparagraph (A) the following 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 occurred; or''.

SEC. 14. UTILIZATION OF FM BAND FOR ASSISTIVE DEVICES FOR HEARING 
              IMPAIRED INDIVIDUALS.

    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 vulnerability of 
        such devices to harmful interference from radio licensees; and
            (3) alternative frequency allocations that could facilitate 
        such compliance.

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 commercial mobile service (as 
        defined in section 332(d))''; and
            (2) in subparagraph (C), by striking ``cellular'' and 
        inserting ``commercial mobile service''.
HR 4522 RH----2