[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]


                              {time}  1820
 
      FEDERAL COMMUNICATIONS COMMISSION AUTHORIZATION ACT OF 1994

  Mr. MARKEY. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 4522) to amend the Communications Act of 
1934 to extend the authorization of appropriations of the Federal 
Communications Commission, and for other purposes, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Hughes). Is there objection to the 
request of the gentleman from Massachusetts?
  Mr. FIELDS of Texas. Mr. Speaker, reserving the right to object, and 
I will not object, I would just like to give the gentleman from 
Massachusetts [Mr. Markey] an opportunity to explain the bill, and I 
yield for that purpose.
  Mr. MARKEY. Mr. Speaker, I thank the gentleman very much for 
yielding.
  This bill was introduced by the gentleman from Michigan [Mr. 
Dingell], the gentleman from California [Mr. Moorhead], along with the 
gentleman from Texas [Mr. Fields], and myself, and reauthorizes the 
Federal Communications Commission for fiscal year 1995 at the 
appropriated level of $186 million. This figure reflects the 
Commission's needs to carry out its mission under the Communications 
Act and to implement legislation that this Congress has passed.
  In addition, the bill will relieve the burden on certain radio 
operators who obtain a license, such as recreational boaters, and 
ensures the communications industry bears a fair share of the 
operations of the Commission and clarifies in a number of instances the 
authority of the Commission.
  The bill also allows the Commission to develop an accounting system 
as it establishes new fees, and to report to Congress each year on how 
the activity of the Commission translates into fees. This truth-in-
budgeting requirement will force the Commission to justify its fee 
proposal, and will give this Congress the information it needs to asses 
the fees established by the Commission.
  Mr. Speaker, I want to congratulate the gentleman from Texas [Mr. 
Fields]. We have worked long and hard on this bill. It is bipartisan 
and unanimously agreed to.
  Mr. FIELDS of Texas. Mr. Speaker, further reserving the right to 
object, I yield to the gentleman from California [Mr. Moorhead], the 
ranking minority member.
  Mr. MOORHEAD. Mr. Speaker, I rise in support of the substitute 
amendment to H.R. 4522 to reauthorize the Federal Communications 
Commission for fiscal year 1995 at $186 million. The bill also provides 
that a portion of the appropriated funds may be raised from application 
and user fees.
  I am pleased that the legislation also contains some disciplinary 
measures on the FCC and sets up procedures for tighter budget planning 
by the FCC and for reporting proposed budget adjustments to Congress.
  The bill directs the Commission to waive license requirements for 
maritime personal radio services, which is very important to 
recreational boat owners.
  Among other things, the legislation clarifies the Commission's 
authority to reject tariffs and its authority to order refunds 
resulting from carrier rule violations. The bill also adjusts the 
statute of limitations for forfeiture proceedings against common 
carriers to conform with the Commission's accounting procedures.
  Mr. Speaker, I want to commend Chairman Dingell, subcommittee 
Chairman Markey and subcommittee ranking Republican Fields for their 
work on this bill. I urge my colleagues to support the bill.
  (Mr. FIELDS of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. FIELDS of Texas. Mr. Speaker, further reserving the right to 
object, I rise in support of the substitute amendment of H.R. 4522. 
This bipartisan legislation would reauthorize the Federal 
Communications Commission for fiscal year 1995 at $186 million. The 
bill further authorizes that a portion of the FCC's budget shall be 
derived from what is known as ``section 8'' application fees and 
``section 9'' user fees, and it expands the commission's section 8 and 
section 9 fee authority to include all executive and legal costs 
incurred by the Commission.
  Mr. Speaker, while expanding the FCC's fee authority, this bill, in 
response to the concern raised by committee members, also creates a 
procedure for mandating tighter FCC budget planning so that the 
authorizing committees will have adequate time to review future 
proposed increases or adjustments to fee schedules.
  Futher, it is worth noting that this bill is only a 1 year 
authorization. Thus, if we determine next year that further scrutiny of 
the fee schedules is needed, we will be able to look into it next year.
  H.R. 4522 also now requires that the Commission waive license 
requirements for maritime personal radio services if the Commission 
determines that to do so is in the public interest. This provision will 
relieve boatowners from the burden of unnecessary fees. The bill also 
provides for more efficient and flexible inspection of ship radio 
equipment.
  Among other things, the legislation clarifies the Commission's 
authority to reject tariffs and its authority to order refunds 
resulting from carrier rule violations. The bill also adjusts the 
statute of limitations for forfeiture proceedings against common 
carriers to conform with the Commission's accounting procedures. This 
provision reflects the agreement worked out between the FCC and the 
telephone industry. The bill provides authority for the Commission to 
use outside consultants.
  Mr. Speaker, I want to commend the Subcommittee Chairman, Mr. Markey, 
for his leadership on this bill and I urge my colleagues to support the 
legislation.
  Mr. Speaker, I strongly support the gentleman from Massachusett's 
request.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 4522

       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:

     ``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 section 9(b), shall be 
     derived from fees authorized by section 9.''.

     amendment in the nature of a substitute offered by mr. markey

  Mr. MARKEY. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Markey:
       Strike out all after the enacting clause and insert the 
     following:

     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 $186,000,000 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 section 9(b), shall be 
     derived from fees authorized by section 9.''.
       (b) Travel and Reimbursement Program.--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).
       (c) Communications Support From Older Americans.--Section 
     6(a) of the Federal Communications Commission Authorization 
     Act of 1988 (47 U.S.C. 154 note) as amended by striking 
     ``fiscal years 1992 and 1993'' and inserting ``fiscal year 
     1995''.
       (d) 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,''.

     SEC. 3. APPLICATION FEES.

       (a) 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 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''.
       (b) 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''.
       (c) Description of Applications Functions.--Section 8(b) of 
     such Act is amended by adding at the end the following new 
     paragraph:
       1``(3) Any fees established under this section shall be 
     assessed and collected to recover the costs of performing 
     application activities, including all executive and legal 
     costs incurred by the Commission in the discharge of these 
     activities.''.

     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 may 
     continue to collect fees at the prior year's rate until the 
     effective date of any fee adjustment or amendment of that fee 
     under this section.''
       (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 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 of the purposes of making any 
     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(b)(3) and 9(a)(1).
       ``(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(b)(3) 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) 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 instead of using engineers in charge, radio 
     engineers, or other field employees.''.
       (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'' in the fourth sentence 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. 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.

       Title II of the Communications Act of 1934 (47 U.S.C. 201 
     et seq.) is amended by adding at the end thereof the 
     following new section:

     ``SEC. 230. REFUND AUTHORITY.

       ``In addition to any other provision of this Act under 
     which the Commission may order refunds, the Commission may 
     require by order the refund of such portion of any charge by 
     any carrier or carriers as results from a violation of 
     sections 220 (a), (b), or (d) or 221 (c) or (d) or of any of 
     the rules promulgated pursuant to such sections or pursuant 
     to sections 215, 218, or 219. Such refunds shall be ordered 
     only to the extent that the Commission or a court finds that 
     such violation resulted in unlawful charges and shall be made 
     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 section unless--
       ``(1) 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
       ``(2) such order is issued not later than 5 years after the 
     date the charge was paid.

     In the case of a continuing violation, a violation shall be 
     considered to occur on each date that the violation is 
     repeated.''.

     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.

       Section 309(j)(8) 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. 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) failure to comply with any requirement of this Act or 
     the Commission's rule 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. USE OF EXPERTS AND CONSULTANTS.

       Section 4(f)(1) of the Communications Act of 1934 (47 
     U.S.C. 154) is amended by adding at the end thereof the 
     following: ``The Commission may also procure the services of 
     experts and consultants in accordance with section 3109 of 
     title 5, United States Code, relating to appointments in the 
     Federal Service, at rates of compensation for individuals not 
     to exceed the daily rate equivalent to the maximum rate 
     payable for senior-level positions under section 5276 of 
     title 5, United States Code.''.

     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''.

  Mr. MARKEY (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment in the nature of a substitute be considered as read 
and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  The SPEAKER pro tempore. The question is on the amendment in the 
nature of a substitute offered by the gentleman from Massachusetts [Mr. 
Markey].
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________