[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1264 Reported in Senate (RS)]

                                                       Calendar No. 268
108th CONGRESS
  1st Session
                                S. 1264

                          [Report No. 108-140]

  To reauthorize the Federal Communications Commission, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2003

  Mr. McCain  (for himself and Mr. Hollings) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           September 3, 2003

                Reported by Mr. McCain, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To reauthorize 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; AMENDMENT OF COMMUNICATIONS ACT OF 1934.

    (a) Short Title.--This Act may be cited as the ``FCC 
Reauthorization Act of 2003''.
    (b) Amendment of Communications Act.--Except as otherwise 
specifically provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision of law, the reference shall be considered to be made to a 
section or other provision of the Communications Act of 1934 (47 U.S.C. 
151 et seq.).

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 6 (47 U.S.C. 156) is amended--
            (1) by striking subsections (a), (b), and (c);
            (2) by redesignating subsection (d) as subsection (c);
            (3) by inserting ``Regulatory Fees Offset.--'' before 
        ``Of'' in subsection (c), as redesignated; and
            (4) by inserting before subsection (c), as redesignated, 
        the following:
    ``(a) In General.--There are authorized to be appropriated for the 
administration of this Act by the Commission $281,289,000 for fiscal 
year 2004, $299,500,000 for fiscal year 2005, $318,982,000 for fiscal 
year 2006, and $334,931,000 <DELETED>for fiscal year 2007, 
</DELETED>for each of fiscal years 2007 and 2008, to carry out this Act 
including amounts necessary for unreimbursed travel, 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 such years.
    ``(b) Staffing Levels.--The Commission may hire and maintain an 
adequate number of full time equivalent staff, to the extent of the 
amounts authorized by subsection (a), necessary to carry out the 
Commission's powers and duties under this Act.''.
    (b) Deposit of Application Fees.--Section 8(e) is amended to read 
as follows:
    ``(e) Deposit of Collections.--Moneys received from fees 
established under this section shall be deposited as an offsetting 
collection in, and credited to, the account providing appropriations to 
carry out the functions of the Commission.''.

SEC. 3. AUDITS AND <DELETED>INVESTIGATIONS </DELETED>REVIEW  OF E-RATE 
              BENEFICIARY COMPLIANCE WITH PROGRAM REQUIREMENTS.

    (a) In General.--The Federal Communications Commission shall 
conduct <DELETED>an investigation </DELETED>a review into the 
implementation, utilization, and Commission oversight of activities 
authorized by section 254(h) of the Communications Act of 1934 (47 
U.S.C. 254(h)) and the operations of the National Education Technology 
Funding Corporation established by section 708 of the 
Telecommunications Act of 1996 for each of fiscal years 2004 through 
2007, with a particular emphasis on <DELETED>determining the specific 
fraud or abuse of Federal funds that has occurred in connection with 
such activities or operations. </DELETED>determining whether any fraud 
or abuse of Federal funds has occurred in connection with such 
activities or operations.
    (b) Reports.--The Commission shall transmit a report, setting forth 
its finding, conclusions, and recommendations, of the results of its 
investigation for each of fiscal years 2004 through 2007 to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce within 1 year after 
the date of enactment of this Act.
    (c) Funding.--Of the amounts authorized by section 6(a) of the 
Communications Act of 1934 (47 U.S.C. 156(a)), the Commission shall 
allocate such sums as may be necessary for fiscal years 2004 through 
2007 to be used for audits and <DELETED>investigations 
</DELETED>reviews of compliance by beneficiaries with the rules and 
regulations of the Universal Service Fund program under section 254(h), 
commonly known as the ``e-rate program''.

SEC. 4. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO BIENNIAL 
              REVIEW MODIFICATIONS; FREQUENCY OF REVIEW.

    (a) Commission Review of Ownership Rules.--Section 202(h) of the 
Telecommunications Act of 1996 is amended to read as follows:
    ``(h) Further Commission Review.--
            ``(1) In general.--The Commission shall review its rules 
        adopted pursuant to this section, and all of its ownership 
        rules <DELETED>quinquennially </DELETED>quadrennially 
        (beginning with 2007), and shall determine whether--
                    ``(A) any rule requires strengthening or 
                broadening;
                    ``(B) any rule requires limiting or narrowing;
                    ``(C) any rule should be repealed; or
                    ``(D) any rule should be retained.
            ``(2) Change, repeal, or retain.--The Commission shall 
        change, repeal, or retain such rules pursuant to its review 
        under paragraph (1) as it determines to be in the public 
        interest.''.
    (b) Other Regulatory Reform Reviews.--Section 11 of the 
Communications Act of 1934 (47 U.S.C. 161) is amended by adding at the 
end the following:
    ``(c) Ownership Rules.--Subsections (a) and (b) do not apply to 
ownership rules reviewable under section 202(h) of the 
Telecommunications Act of 1996.''.

SEC. 5. FCC ENFORCEMENT ENHANCEMENTS.

    (a) Forfeitures in Cases of Rebates and Offsets.--
            (1) Broadcast and multichannel video providers.--Section 
        503(b)(2)(A) (47 U.S.C. 503(b)(2)(A)) is amended--
                    (A) by striking ``operator, or'' in clause (i) and 
                inserting ``operator or any other multichannel video 
                distributor, or'';
                    (B) by striking ``$25,000'' and inserting 
                ``$250,000''; and
                    (C) by striking ``$250,000'' and inserting 
                ``$2,500,000''.
            (2) Common carriers.--Section 503(b)(2)(B) (47 U.S.C. 
        503(b)(2)(B)) is amended--
                    (A) by striking ``$100,000'' and inserting 
                ``$1,000,000''; and
                    (B) by striking ``$1,000,000'' and inserting 
                ``$10,000,000''.
            (3) Others.--Section 503(b)(2)(C) (47 U.S.C. 503(b)(2)(C)) 
        is amended--
                    (A) by striking ``$10,000'' and inserting 
                ``$100,000''; and
                    (B) by striking ``$75,000'' and inserting 
                ``$750,000''.
            (4) Statute of limitations.--Section 503(b)(6) (47 U.S.C. 
        503(b)(6)) is amended--
                    (A) by striking ``1 year'' in subparagraph (A)(i) 
                and inserting ``2 years''; and
                    (B) by striking ``1 year'' in subparagraph (B) and 
                inserting ``2 years''.
    (b) Forfeitures of Communications Devices.--Section 510 (47 U.S.C. 
510) is amended by inserting ``and any equipment used to create 
malicious interference in violation of section 333,'' after ``302,''.
<DELETED>    (c) Liability of Carriers for Damages.--Section 206 (47 
U.S.C. 206) is amended to read as follows:</DELETED>

<DELETED>``SEC. 206. LIABILITY OF CARRIERS FOR DAMAGES.</DELETED>

<DELETED>    ``A common carrier that does, or causes or permits to be 
done, any act, matter, or thing prohibited or declared to be unlawful 
in this Act, or in any rule, regulation, or order issued by the 
Commission, or that fails to do any act, matter, or thing required to 
be done by this Act, or by any rule, regulation, or order of the 
Commission is liable to any person injured by such act or failure for 
the full amount of damages sustained in consequence of such act or 
failure, together with a reasonable attorney's fee. The amount of the 
attorney's fee shall be--</DELETED>
        <DELETED>    ``(1) fixed by the court in every case of recovery 
        in a judicial proceeding; or</DELETED>
        <DELETED>    ``(2) fixed by the Commission in every case of 
        recovery in a Commission proceeding.''.</DELETED>
<DELETED>    (d) Violations of Regulations, Rules, and Orders.--Section 
208 (47 U.S.C. 208) is amended by inserting ``or of any rule, 
regulation, or order of the Commission,'' after ``thereof,''.</DELETED>

SEC. 6. APPLICATION OF COMMUNICATIONS ACT WITH BANKRUPTCY AND SIMILAR 
              LAWS.

    (a) In General.--Section 4 (47 U.S.C. 154) is amended by adding at 
the end the following:
    ``(p) Application With Bankruptcy Laws.--
            ``(1) In general.--The bankruptcy laws shall not be 
        applied--
                    ``(A) to avoid, discharge, stay, or set-off any 
                pre-petition debt obligation to the United States 
                arising from an auction under this Act,
                    ``(B) to stay the payment obligations of the debtor 
                to the United States if such payments were a condition 
                of the grant or retention of a license under this Act, 
                or
                    ``(C) to prevent the automatic cancellation of 
                licenses for failure to comply with any monetary or 
                non-monetary condition for holding any license issued 
                by the Commission, including automatic cancellation of 
                licenses for failure to pay a monetary obligation of 
                the debtor to the United States when due under an 
                installment payment plan arising from an auction under 
                this Act,
        except that, upon cancellation of a license issued by the 
        Commission, the United States shall have an allowed unsecured 
        claim for any outstanding debt to the United States with 
        respect to such canceled licenses, and that unsecured debt may 
        be recovered by the United States under its rights as a 
        creditor under title 11, United States Code, or other 
        applicable law.
            ``(2) Debtor to have no interest in proceeds of auction.--A 
        debtor in a proceeding under the bankruptcy laws shall have no 
        right or interest in any portion of the proceeds from an 
        auction of any license reclaimed by the Commission for failure 
        to pay a monetary obligation of the debtor to the United States 
        in connection with the grant or retention of a license under 
        this Act.
            ``(3) Security interests.--Notwithstanding any other 
        provision of law, the Commission may--
                    ``(A) establish rules and procedures governing 
                security interests in licenses, or the proceeds of the 
                sale of licenses, issued by the Commission; and
                    ``(B) establish an office within the Office of 
                Secretary for the recording and perfection of such 
                security interests without regard to otherwise 
                applicable State law.
            ``(4) Bankruptcy laws defined.--In this subsection, the 
        term `bankruptcy laws' means title 11, United States Code, or 
        any otherwise applicable Federal or State law regarding 
        insolvencies or receiverships, including any Federal law 
        enacted or amended after the date of enactment of the FCC 
        Reauthorization Act of 2003 not expressly in derogation of this 
        subsection.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
<DELETED>apply to cases and proceedings commenced on or after the date 
of enactment of this Act. </DELETED>not apply to cases in bankruptcy if 
the petition for bankruptcy was filed on or before June 26, 2003.

SEC. 7. BAN ON REIMBURSED TRAVEL EXPENSES.

    Section 4(g)(2) (47 U.S.C. 154(g)(2)) is amended to read as 
follows:
    ``(2) Notwithstanding section 1353 of title 31, United States Code, 
section 4111 of title 5, United States Code, or any other provision of 
law in pari materia, no Commissioner or employee of the Commission may 
accept, nor may the Commission accept, payment or reimbursement from 
the nongovernmental sponsor (or any affiliated organization) of any 
convention, conference, or meeting for expenses for travel, 
subsistence, or related expenses incurred by a commissioner or employee 
of the Commission for the purpose of enabling that commissioner or 
employee to attend and participate in any such convention, conference, 
or meeting. The Commission may establish a de minimus level of payment 
or value to which the preceding sentence does not apply.''.

SEC. 8. APPLICATION OF ONE-YEAR RESTRICTIONS TO CERTAIN POSITIONS.

    For purposes of section 207 of title 18, United States Code, an 
individual serving in any of the following <DELETED>positions 
</DELETED>positions, or in any successor position, at the Federal 
Communications Commission is deemed to be a person described in section 
207(c)(2)(A)(ii) of that title, regardless of the individual's rate of 
basic pay:
            (1) Chief, Office of Engineering and Technology.
            (2) Director, Office of Legislative Affairs.
            (3) Inspector General, Office of Inspector General.
            (4) Managing Director, Office of Managing Director.
            (5) General Counsel, Office of General Counsel.
            (6) Chief, Office of Strategic Planning and Policy 
        Analysis.
            (7) Chief, Consumer and Governmental Affairs Bureau.
            (8) Chief, Enforcement Bureau.
            (9) Chief, International Bureau.
            (10) Chief, Media Bureau.
            (11) Chief, Wireline Competition Bureau.
            (12) Chief, Wireless Telecommunications Bureau.
            (13) Any position for which the individual was appointed 
        under section 4(f)(2) of the Communications Act of 1934 (47 
        U.S.C. 4(f)(2)).

SEC. 9. VIDEO DESCRIPTION RULES AUTHORITY.

    (a) In General.--Notwithstanding the decision of the United States 
Court of Appeals for the District of Columbia Circuit in Motion Picture 
Association of America, Inc., et al., v. Federal Communications 
Commission, et al. (309 F. 3d 796, November 8, 2002), the Federal 
Communications Commission--
            (1) shall, within 90 days after the date of enactment of 
        this Act, reinstate its video description rules contained in 
        the report and order identified as Implementation of Video 
        Description of Video Programming, Report and Order, 15 F.C.C.R. 
        15,230 (2000); <DELETED>and
        </DELETED>    (2) may amend, repeal, or otherwise modify such 
        <DELETED>rules. </DELETED>rules; and
            (3) shall initiate a proceeding within 180 days after the 
        date of enactment of this Act to consider whether it is 
        economically and technically feasible and consistent with the 
        public interest to include ``accessible information'' in its 
        video description rules.
    (b) Accessible Information Defined.--In this section, the term 
``accessible information'' may include written information displayed on 
television screens during regular programming, hazardous warnings and 
other emergency information, local and national news bulletins, and any 
other information the Commission deems appropriate.

SEC. 10. POLITICAL BROADCASTING REGULATIONS REVIEW.

    (a) In General.--By no later than August 1, 2004, the Federal 
Communications Commission shall complete rulemakings to--
            (1) provide specific guidance to affected parties 
        concerning what the Commission will consider to constitute an 
        exercise of reasonable diligence in compliance with its 
        regulations set forth at 47 C.F.R. 73.1212(b) and 47 C.F.R. 
        1615(b) with respect to political matter and issue advertising 
        described in its regulations set forth at 47 C.F.R. 73.1212(d) 
        and (e) (with respect to broadcast stations) and at 47 C.F.R. 
        76.1615(c) and (d) (with respect to cable television system 
        operators); and
            (2) establish procedures for the prompt filing, 
        consideration, and resolution of complaints pertaining to 
        violations of its regulations concerning political matter and 
        issue advertising, and of appeals therefrom, including the 
        following regulations pertaining to such advertising:
                    (A) Sponsorship identification (47 C.F.R. 
                73.1212(a) through (e)).
                    (B) Legally qualified candidates for public office 
                (47 C.F.R. 73.1940).
                    (C) Equal opportunities (47 C.F.R. 73.1941).
                    (D) Candidate rates (47 C.F.R. 73.1942).
                    (E) Political file (47 C.F.R. 73.1943).
                    (F) Reasonable access (47 C.F.R. 73.1944).
                    (G) Origination cablecasts by legally qualified 
                candidates for public office and equal opportunities 
                (47 C.F.R. 76.205).
                    (H) Candidate rates (47 C.F.R. 76.206).
                    (I) Sponsorship identification (47 C.F.R. 76.1615).
                    (J) Political file (47 C.F.R. 76.1701).
                    (K) Public interest obligations (47 C.F.R. 
                25.701(b)).

SEC. 11. SPECIAL RULES FOR INDECENT BROADCASTING.

    Section 503 of the Communications Act of 1934 (47 U.S.C. 503) is 
amended by adding at the end the following:
    ``(c) Special Rules for Broadcasting Obscene or Indecent Matter.--
            ``(1) Multiple violations.--If the violation of section 
        1464 of title 18, United States Code, involves the broadcast of 
        obscene or indecent matter from more than 1 individual during 
        the same program, then the broadcast of such matter from each 
        individual shall be considered a separate violation.
            ``(2) Revocation proceeding to be commenced.--If the 
        Commission has reason to believe that an entity described in 
        subsection (b)(2)(A)(i) of this section has violated section 
        1464 of title 18, United States Code, then the Commission shall 
        commence a proceeding under section 312(a)(6) to revoke the 
        station license or construction permit of that entity and shall 
        revoke such station license or construction permit unless the 
        Commission determines that such action would not be in the 
        public interest.''.

SEC. 12. PHASE-OUT OF UHF DISCOUNT.

    (a) In General.--No Discount for Newly Acquired Stations.--The 
attribution discount permitted for UHF television stations pursuant to 
section 73.5555(e)(2) of the Federal Communication Commission's 
regulations (47 C.F.R. 73.3555(e)(2)) shall not apply to any UHF 
station granted, transferred, or assigned after June 2, 2003, for the 
purpose of calculating the aggregate national audience reach of a party 
under section 73.3555(e)(1) of those regulations (47 C.F.R. 
73.3555(e)(1)).
    (b) Sunset of UHF Discount for Existing Stations.--Beginning on 
January 1, 2008, the attribution discount permitted for UHF television 
stations pursuant to section 73.5555(e)(2) of the Federal 
Communication's regulations (47 C.F.R. 73.3555(e)(2)) shall expire.

SEC. 13. DIGITAL TRANSLATORS.

    Section 336(f)(4) of the Communications Act of 1934 (47 U.S.C. 
336(f)(4)) is amended by adding at the end ``Within 60 days after the 
date of enactment of the FCC Reauthorization Act of 2003, the 
Commission shall initiate a rulemaking implementing this section to 
authorize the operation of digital television translators and digital 
on-channel repeaters.''.D23/D23/




                                                       Calendar No. 268

108th CONGRESS

  1st Session

                                S. 1264

                          [Report No. 108-140]

_______________________________________________________________________

                                 A BILL

  To reauthorize the Federal Communications Commission, and for other 
                               purposes.

_______________________________________________________________________

                           September 3, 2003

                        Reported with amendments