[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2336 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2336

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 29 (legislative day, July 20), 1994

  Mr. Inouye introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

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

SEC. 2. EXTENSION OF AUTHORITY.

    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 
administration of this Act by the Commission $160,300,000 for fiscal 
year 1994 and $198,232,000 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 any fiscal year, a portion, in an amount determined 
under sections 8(b) and 9(b), shall be derived from fees authorized by 
sections 8 and 9.''.

SEC. 3. TRAVEL REIMBURSEMENT AUTHORITY.

    Subsection (g) of section 4 of the Communications Act of 1934 (47 
U.S.C. 154) is amended--
            (1) by striking paragraph (2), and
            (2) by redesignating paragraph (3) as (2).

SEC. 4. 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 ``1992 and 
1993,'' and inserting ``1995 and 1996,''.

SEC. 5. HAWAII 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 
``1991, 1992, 1993, and 1994'' and inserting ``1995, 1996, and 1997''.

SEC. 6. INSPECTION OF SHIP RADIO STATIONS.

    (a) Contracting Out Inspections.--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: ``Notwithstanding the preceding provisions of 
this paragraph, the Commission may designate an entity to make the 
inspections referred to in this paragraph.''.
    (b) Annual Inspection Required.--Section 362(b) of the 
Communications Act of 1934 (47 U.S.C. 360(b)) is amended--
            (1) by striking ``as may'' in the third sentence and 
        inserting ``as the Commission determines to'', and
            (2) by striking ``thereby'' and all that follows and 
        inserting the following: ``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, 
        but the inspection shall be performed within 30 days after the 
        vessel's return to the United States.''.
    (c) Conforming Amendment.--Section 385 of the Communications Act of 
1934 (47 U.S.C. 385) is amended--
            (1) by inserting ``or an entity designated by the 
        Commission'' after ``Commission'', and
            (2) by striking out ``as may'' and inserting ``as the 
        Commission determines to''.

SEC. 7. EXPEDITED ITFS PROCESSING.

    Section 5(c)(1) of the Communications Act of 1934 (47 U.S.C. 
155(c)(1)) is amended by striking ``Nothing'' and inserting ``Except 
for cases involving the authorization of service in the Instructional 
Television Fixed Service, or as otherwise provided in this Act, 
nothing''.

SEC. 8. APPLICATION FEES.

    (a) Modification of Fees.--Subsection (b) of section 8 of the 
Communications Act of 1934 (47 U.S.C. 158) is amended--
            (1) by redesignating paragraph (2) as (6), and
            (2) by striking out so much of such subsection as precedes 
        paragraph (6), as redesignated, and inserting the following:
    ``(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 the sum of--
            ``(A) $40,000,000, plus
            ``(B) the amount specified in an appropriation Act for the 
        Commission for that fiscal year to be collected and credited to 
        such appropriation, not to exceed necessary expenses of the 
        Commission.
    ``(2) The Commission may round the modified fees to the nearest $5, 
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 under this paragraph immediately 
upon the adoption of the adjustment.
    ``(3) The Commission may collect fees at the prior year's rate 
until the effective date of modifications, adjustments, or amendments 
under this subsection.
    ``(4) The Commission by regulation shall 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 rulemaking proceedings or changes in law.
    ``(5) The amount of any fee modified or amended as a consequence of 
action taken under paragraph (4) shall be derived by determining the 
fulltime 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 other 
filing, including all executive and legal costs incurred by the 
Commission in the discharge of these functions, and other factors the 
Commission determines to be in the public interest. The Commission 
shall transmit to the Congress notification of--
            ``(A) any proposed modification of a fee immediately upon 
        adoption of the proposal, and
            ``(B) any amendment immediately upon adoption of an amended 
        fee.''.
    (b) Reimbursement of Appropriations.--Section 8(e) of such Act (47 
U.S.C. 8(e)) is amended to read as follows:
    ``(e) Of the moneys received from fees authorized under this 
section, $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 
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) Derivation of Appropriated Funds.--Section 6(d) of such Act (47 
U.S.C. 156(d)) is amended--
            (1) by striking ``section 9(b)'' and inserting ``sections 
        8(b) and 9(b)'', and
            (2) by striking ``section 9'' and inserting ``sections 8 
        and 9, respectively''.

SEC. 9. SCHEDULE OF APPLICATION FEES FOR PERSONAL COMMUNICATIONS 
              SERVICES.

    The Schedule of Application Fees set forth in section 8(g) of the 
Communications Act of 1934 (47 U.S.C. 158(g)) is amended by adding at 
the end of the part relating to Common Carrier Services the following:

``23.Personal Communications Services                                   
      ``a. Initial or New Application........................     230
      ``b. Amendment to Pending Application..................      35
      ``c. Application for Assignment or Transfer of Control.     230
      ``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.''.
                                                                        

SEC. 10. REGULATORY FEES.

    (a) In General.--Section 9(a) of the Communications Act of 1934 (47 
U.S.C. 159(a)) is amended to read as follows:
    ``(a) General Authority.--The Commission, in accordance with this 
section, shall assess and collect regulatory fees to recover its costs 
arising from all executive and legal costs incurred by the Commission 
in the discharge of these functions.''.
    (b) Notice to Congress of Adjustments and Amendments.--Section 
9(b)(4)(B) of such Act (47 U.S.C. 159(b)(4)(B)) is amended by striking 
``90 days'' and inserting ``30 days''.
    (c) Authority To Collect at Old Rate Pending Effective Date of New 
Rates.--Section 9(b) of such Act (47 U.S.C. 9(b)) is amended by adding 
at the end thereof the following:
            ``(5) Rates pending effective date of modifications.--The 
        Commission may continue to collect any fee imposed under this 
        section at the prior year's rate until the effective date of 
        any adjustment or amendment of that fee under this section.''.

SEC. 11. REPORT OF FEE MODIFICATIONS.

    Section 4(k) of the Communications Act of 1934 (47 U.S.C. 154(k)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (3),
            (2) by redesignating paragraph (4) as (5), and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) a detailed explanation of any modification, 
        adjustment, or amendment of any fees the amount of which was 
        increased or decreased under section 8 or 9 in the preceding 
        year, setting forth the reasons for the modification, 
        adjustment, or amendment, together with a statement of 
        anticipated modifications, adjustments, or amendments of fees 
        under those sections in the year in which the report is 
        submitted and an explanation of the reason such action is 
        anticipated; and''.

SEC. 12. TARIFF REJECTION AUTHORITY.

    Section 203(e) of the Communications Act of 1934 (47 U.S.C. 203(d)) 
is amended by inserting the following after the first sentence: ``The 
Commission may, after inviting comment from interested parties, 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. 13. REFUND AUTHORITY.

    Section 205 of the Communications Act of 1934 (47 U.S.C. 205) is 
amended by adding at the end thereof the following:
    ``(c) The Commission may require by order the refund of a portion 
of any charge by a carrier that results from violation of this Act, or 
of any rule promulgated under this Act. The refund shall be paid, with 
interest, to the person by or on whose behalf the charge was paid. The 
Commission may not require payment of a refund under this subsection 
unless--
            ``(1) it 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 the refund 
        should not be required, and
            ``(2) it issues the order not later than 5 years after the 
        date on which the charge was paid.''.

SEC. 14. 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--
            (1) by striking ``radio control service and the citizens 
        band radio service'' in paragraph (1) and inserting: 
        ``following radio services: (A) personal radio services, (B) 
        aviation radio service for aircraft stations operated on 
        domestic flights when such aircraft are not otherwise required 
        to carry a radio station, and (C) maritime radio service for 
        ship stations navigated on domestic voyages when such ships are 
        not otherwise required to carry a radio station'', and
            (2) by striking out ``the terms `radio control service' and 
        `citizens band radio service' shall'' in paragraph (3) and 
        inserting: ``the terms `personal radio services', `aircraft 
        station', and `ship station' shall''.

SEC. 15. AUCTION TECHNICAL AMENDMENTS.

    Section 309(j)(8) of the of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)) is amended--
            (1) by inserting ``are authorized to remain available until 
        expended and'' after ``Such offsetting collections'' in the 
        second sentence of subparagraph (B), and
            (2) by adding at the end thereof the following:
                    ``(C) Revenues on deposit.--The Commission is 
                authorized, based on the competitive bidding 
                methodology selected, to provide for the deposit of 
                monies 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 monies received 
                from the winning bidder shall be deposited into the 
                general fund of the Treasury. All interest earned on 
                bid monies deposited from unsuccessful bidders shall be 
                paid to those bidders, less any applicable fees and 
                penalties.''.

SEC. 16. FORFEITURE FOR ACT OR RULE 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 a semicolon and the word ``or'', and
            (3) by adding at the end thereof the following:
            ``(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 out ``or'' at the end of subparagraph (C);
            (2) by inserting ``or'' after the semicolon at the end of 
        subparagraph (D), and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) failed to comply with any requirement of this 
                Act or the Commission's rules that imperils the safety 
                of life;''.

SEC. 17. 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 
        ``Act'' in subparagraph (B),
            (3) by redesignating subparagraph (B) as (C), and
            (4) by inserting after subparagraph (A) the following:
                    ``(B) such person is a common carrier and the 
                required notice of apparent liability is issued more 
                than 5 years after the date on which the violation 
                occurred; or''.
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