[Senate Report 108-140]
[From the U.S. Government Publishing Office]
108th Congress Report
SENATE
1st Session 108-140
_______________________________________________________________________
Calendar No. 268
FCC REAUTHORIZATION ACT OF 2003
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. H.R. deg. 1264
DATE deg.September 3, 2003.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN MCCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
Calendar No. 268
108th Congress Report
SENATE
1st Session 108-140
======================================================================
FCC REAUTHORIZATION ACT OF 2003
_______
September 3, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1264]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1264) ``to reauthorize the
Federal Communications Commission, and for other purposes'',
having considered the same, reports favorably thereon with
amendments and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1264 is to reauthorize the Federal
Communications Commission (FCC or Commission) and make certain
policy modifications through Fiscal Year 2008 so that the
agency may continue to carry forth its charge to ensure
interference-free communication on interstate and international
radio, television, wire, satellite, and cable communications.
Background and Needs
The FCC, an independent United States government agency
formed to regulate interstate and foreign communications, was
established under the Communications Act of 1934 to replace the
former Federal Radio Commission. The Communications Act
provided the FCC broad latitude to establish ``a rapid,
efficient, Nation-wide, and world-wide wire and radio
communication service''. When established, the FCC had three
divisions (Broadcast, Telegraph, and Telephone) led by seven
Commissioners and 233 Federal employees.
Today, the FCC has approximately 2,000 full-time employees
directed by five Commissioners who are charged with regulating
interstate and international communications by radio,
television, wire, satellite, and cable. The agency's
jurisdiction covers the 50 States, the District of Columbia,
and United States' possessions. The Commission has not been
authorized since 1991.
Legislative History
On June 4, 2003, the Senate Committee on Commerce, Science,
and Transportation held a hearing entitled, ``FCC Oversight'',
during which the Committee heard testimony from each of the
five FCC Commissioners. On June 13, 2003, Senators McCain and
Hollings introduced S. 1264, a bill to reauthorize the FCC. On
June 26, 2003, the Committee held an executive session at which
S. 1264 was considered. The bill was approved unanimously by
voice vote and was ordered reported with amendments, including:
an amendment offered by Senators McCain and Hollings to expand
the reauthorization period to 5 years; an amendment offered by
Senator Hollings to enhance enforcement rules prohibiting the
broadcast of obscene or indecent matters; an amendment offered
by Senator McCain requiring the FCC to provide guidance
regarding its political advertising regulations; an amendment
offered by Senator Stevens requiring the FCC to implement a
rulemaking on the operation of digital television translators
and on-channel repeaters; an amendment offered by Senator
Sununu to provide a quadrennial review of media ownership rules
by the FCC; and, an amendment to phase out the 50 percent
discount for Ultra High Frequency (UHF) television broadcast
stations when counting stations toward the national ownership
limit.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
In accordance with paragraph 11(a) of rule XXVI of
the Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[Insert CBO letter, attached as pages ---- through ----] deg.
Regulatory Impact Statement
In compliance with subsection (b)(2) of paragraph 11
of rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraph (1) of that subsection in order
to expedite the business of the Senate. deg.
Because S. ------ does not create any new programs,
the legislation will have no additional regulatory impact, and
will result in no additional reporting requirements. The
legislation will have no further effect on the number or types
of individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and
businesses. deg.
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1264 would reauthorize the FCC through Fiscal Year 2008
and is intended to make changes to the Communications Act of
1934. The number of persons covered by this legislation should
be consistent with current levels.
ECONOMIC IMPACT
S. 1264 would authorize the appropriation of funds for the
FCC's programs. These programs are intended to establish
regulatory policies that promote competition, innovation, and
investment in broadband services, ensure that a comprehensive
and sound national competitive framework for communications
services exists, encourage the best use of spectrum
domestically and internationally, and provide leadership for
the rapid restoration of the nation's communications
infrastructure in the event of disruption. S. 1264 will have no
negative economic impact.
PRIVACY
S. 1264 is not expected to have an adverse effect on the
personal privacy of any individuals that will be impacted by
this legislation.
PAPERWORK
S. 1264 would have a minimal impact on current paperwork
levels, and seeks to reduce the amount in some areas. Though
the legislation would require the FCC to perform a review of
the e-rate program and submit a report to the Congress for each
of Fiscal Years 2004 through 2008, the bill also would lengthen
the duration between mandated reviews of the FCC's media
ownership rules, which had previously placed significant
administrative burdens on the Commission.
Section-by-section Analysis
Section 1. Short Title; Amendment of Communications Act of 1934.
This section provides that the act may be cited as ``The FCC
Reauthorization Act of 2003'', and sets forth the purpose of
the bill, which is to reauthorize the FCC through 2008.
Sec. 2. Authorizations of Appropriations.
This section would authorize funding for the FCC for Fiscal
Years (FY) 2004 through 2008. The President's budget requests
$280,798,000 for the FCC in FY 2004. This bill would authorize
the appropriation of $500,000 above the President's FY 2004
budget to pay for travel-related expenses previously paid by
outside sponsors. (See Section 7 of the bill entitled, ``Ban on
Reimbursed Travel Expenses''.)
For FY 2005, the bill would authorize funding for the FCC at
$299,500,000, which assumes a five percent level of year-over-
year inflation and again provides $500,000 for travel related
expenses. For FY 2006, FY 2007, and FY 2008, the bill would
authorize funding for the FCC at a five percent increase over
the respective previous year's funding.
Section 2 also would require that application fees received
under section 8 of the Communications Act of 1934 (47 U.S.C.
158) be deposited as an offsetting collection in, and credited
to, an account providing appropriations to carry out the
functions of the Commission. This change would make the
collection of application fees consistent with the collection
of regulatory fees collected under Section 9 of the
Communications Act of 1934 (47 U.S.C. 159).
Sec. 3. Audits and Review of E-Rate Beneficiary Compliance with Program
Requirements.
This section would direct the FCC to conduct a review into
the activities authorized by Section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)), commonly
referred to as ``e-rate'', and the operations of the National
Education Technology Funding Corporation established by section
708 of the Telecommunications Act of 1996. The review would be
conducted to determine whether specific fraud or abuse of
Federal funds has occurred in connection with such activities
or operations. The Commission would be required to transmit a
report of its findings and conclusions to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce on the
anniversary of the bill's enactment for each year between 2004
and 2008. The bill would authorize the FCC to allocate such
sums as may be necessary to perform audits of the e-rate
program.
Sec. 4. Clarification of Congressional Intent with Respect to Biennial
Review Modifications; Frequency of Review.
This section would modify Section 202(h) to require the FCC
to conduct a review of its media ownership rules once every
four years, and to specifically allow the FCC to repeal,
strengthen, limit, or retain its media ownership rules during
each 202(h) review if it determines such changes to be in the
public interest. Section 202(h) of the Telecommunications Act
of 1996 Act sets forth the timing and the standard the FCC
shall use for reviewing its media ownership rules. Currently,
202(h) requires the FCC to review its rules every two years.
Section 4 would change that requirement to every four years.
Some courts have interpreted Section 202(h) to carry ``with it
a presumption in favor of repealing or modifying ownership
rules'' as part of ``a process of deregulation'' set in place
by the Telecommunication Act 1996 Act. Fox Television Stations
Inc. v. FCC, 280 F.3d 1027, 1048 (D.C. Cir. 2002); Sinclair
Broad. Group, Inc. v. FCC, 284 F.3d 148, 152 (D.C. Cir. 2002).
When the FCC Commissioners appeared before the Committee on
June 4, 2003, several of the Commissioners agreed that section
202(h) allows the FCC to strengthen or repeal its broadcast
ownership rules, but requested clarification from Congress.
This section would provide such clarification.
Sec. 5. FCC Enforcement Enhancements.
This section would increase the Commission's ability to
enforce the Communications Act of 1934 by generally raising the
statutory cap on Commission fines and forfeitures by a factor
of ten. The Commission has sought this increased enforcement
ability to ensure communications providers do not accept
Commission fines as a ``cost of doing business.'' These fines
and forfeitures have not been increased since 1991, except for
an annual adjustment for inflation mandated by The Debt
Collection Act of 1966.
Specifically, this section would increase the maximum fines
against broadcast station licensees or permittees, cable
television operators or any other multi-channel video
distributors, or an applicant for any broadcast or cable
television operator license, permit, certificate, or other
instrument or authorization issued by the Commission from
$25,000 for each violation or each day of a continuing
violation to $250,000 not to exceed $2,500,000 (currently set
at $250,000). This section would increase the maximum fines
against common carriers, or an applicant for any common carrier
license, permit, certificate, or other instrument of
authorization issued by the Commission from $100,000 for each
violation or each day of a continuing violation to $1,000,000
not to exceed $10,000,000 (currently set at $1,000,000). For
operators not covered above, this section would increase the
maximum fines from $10,000 for each violation or each day of a
continuing violation to $100,000 not to exceed $750,000
(currently set at $75,000).
This section also would increase the statute of limitations
for violations of the Communications Act of 1934 from one year
to two years, and would allow the Commission to assess fines
against direct broadcast satellite (DBS) operators for
violations of the Communications Act of 1934 in the same manner
that the Commission today may assess fines against broadcasters
and cable operators.
This section also would provide the FCC with the ability to
seize equipment where a person engages in malicious
interference in violation of Section 333 of the Communications
Act of 1934 (47 U.S.C. 333). Section 333 makes it unlawful for
a person to willfully or maliciously interfere or cause
interference to any radio communication. Currently, the
Communications Act of 1934 allows the Commission, through the
Department of Justice, to seize equipment only in cases where a
person is operating without a license, or is selling,
marketing, or using uncertified equipment. This section would
provide a third condition under which the Commission would be
allowed to seize equipment.
For example, the Commission has had cases involving licensed
amateur radio operators who willfully or maliciously jam other
amateurs' signals. Some of these violations pose potential
public safety threats. The Commission has had cases where
recreational or commercial boaters have used licensed marine
radios to jam United States Coast Guard frequencies as well as
frequencies used by other boaters. Seizure of equipment would
be a valuable enforcement tool in these instances, particularly
where those causing the interference fail to respond to less
severe enforcement action, such as fines, or where the
interference affects public safety.
Sec. 6. Application of Communications Act with Bankruptcy and Similar
Laws.
This section would prevent successful bidders for spectrum at
FCC auctions from avoiding their obligations to the Federal
government by filing for bankruptcy. Language in Section 6
would ensure that bankruptcy laws shall not be used to--
- Avoid, discharge, stay, or set-off any pre-petition
debt obligation arising from an auction of licenses;
- Prevent payment obligations of the debtor to the
United States if such payments were a condition of
receiving the license; or
- Allow for the automatic cancellation of licenses
for failure to comply with any monetary or non-monetary
condition for holding any license, such as owing a
payment on an installment payment plan to the United
States for a license.
Further, the bill would prevent a debtor/licensee from having
any right or interest in the proceeds of an auction of any
license reclaimed by the Commission for failure to pay the
United States.
This section also would provide the Commission with the
authority to establish rules and procedures governing security
interests in licenses, or the proceeds of the sale of licenses,
and to establish an office within the Office of the Secretary
of the FCC for the recording and perfection of security
interests in licenses for spectrum by the FCC and private
creditors without regard to otherwise applicable State law.
Sec. 7. Ban on Reimbursed Travel Expenses.
This section would prevent FCC employees from accepting
direct or indirect reimbursement from a non-governmental
sponsor of any convention, conference, or meeting for travel
expenses. However, the section would allow the Commission to
establish a de minimis exception to this reimbursement ban so
that FCC officials or employees may have a soda, a snack, a
meal, etc. while attending a convention, conference, or
meeting.
Sec. 8. Application of One-Year Restrictions to Certain Positions.
This section would require Commission employees who serve in
certain positions to be treated, for purposes of applying
limitations on post-employment contact with the agency, the
same as a person employed at level five of the Senior Executive
Service. This section in effect would prevent Commission
employees who serve in certain positions of authority at the
Commission, or successor positions, from lobbying employees at
the Commission until a one-year ``cooling off'' period has
passed without regard to their level of pay.
Sec. 9. Video Description Rules Authority.
This section would provide the Commission with the authority
to reinstate, within 90 days after the enactment of the bill,
its video description rules vacated by the District of Columbia
Circuit Court of Appeals in Motion Picture Association of
America, Inc., et al, v. Federal Communications Commission, et
al, 309 F.3d 796 (D.C. Cir. 2002). The Committee intends that
the FCC would be allowed to include, when reinstating its rules
within 90 days, subsequent modifications it had made to its
original rules. See Implementation of Video Description of
Video Programming, Memorandum Opinion and Order on
Reconsideration, 16 F.C.C. Rcd. 1251 (Jan. 18, 2001). This
section also would provide the FCC with authority to make
additional changes to its video description rules. Video
description is often provided over a second audio program (SAP)
channel. The Committee is mindful that there are other uses of
the SAP channel, such as the broadcast of Spanish or other
language translation of programming and the broadcast of
reading services for the visually impaired, that are beneficial
to the community. The Committee expects the FCC to balance the
benefits of these services with the provision of video
description service in formulating its rules.
This section also would require the FCC to initiate a
proceeding, within 180 days after the enactment of the bill, to
consider whether it is economically and technically feasible
and consistent with the public interest to include ``accessible
information'' in its video description rules. ``Accessible
information'' may include written information displayed on a
television screen 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.
This section would require the Commission to complete a
rulemaking August 1, 2004, to provide additional guidance to
broadcasters by and cable television systems about how to
comply with existing obligations to identify the true sponsors
of political ads and to establish procedures for dealing with
complaints about violations of the FCC's existing regulations
regarding political ads.
47 C.F.R. 73.1212 and 47 C.F.R. 76.1615 require broadcast
stations to announce the true identity of the person or entity
paying for advertising and to exercise ``reasonable diligence''
to obtain information that will enable them to make this
required announcement. Similar requirements exist for cable
television system operators. This section asks the Commission
to provide guidance as to what constitutes an exercise of
reasonable diligence, because current FCC regulations provide
little guidance. This presents a particular problem in the
context of political matter and issue advertising, where groups
sponsoring negative advertising may operate under pseudonyms
that conceal their true sponsors.
This section also would require the FCC to create procedures
for handling complaints concerning violations of its existing
regulations on advertisements regarding political matter and
issue advertisements, including the following:
Sponsorship Identification. These regulations require
broadcast stations and cable television operators to
announce the true identity of sponsors of political
matter and issue advertising and, in the case of
broadcast stations, maintain for public inspection a
list of the CEOs or boards of directors of groups that
pay for such advertising (47 C.F.R. 73.1212 and
76.1615);
Equal Access for Candidates. These regulations
require broadcast stations and cable television systems
to afford equal access to their facilities to legally
qualified candidates for public office (47 C.F.R.
73.1940, 73.1941 and 76.205);
Candidate Rates. These regulations require broadcast
stations and cable television systems to provide the
``lowest unit charge'' for certain candidate
advertising (47 C.F.R. 73.1942 and 76.206);
Political File. These regulations require broadcast
stations and cable television systems to keep and
permit public inspection of a political file containing
all requests for broadcast time made by or on behalf of
a candidate for public office (47 C.F.R. 73.1943 and
76.1701); and
Reasonable Access. These regulations allow for the
revocation of a station license for willful or repeated
failure to allow reasonable access to, or permit
purchases of reasonable amounts of time for, the use of
a broadcasting station by a candidate for Federal
office (47 C.F.R. 73.1944) and require DBS providers to
provide reasonable access to, or purchases of
reasonable amount of time for the use of, their
facilities by candidates for Federal office and equal
opportunities to legally qualified candidates (47
C.F.R. 25.701(b)).
Sec. 11. Special Rules for Indecent Broadcasting.
This section would amend section 503 of the Communications
Act of 1934 (47 U.S.C. 503) by adding a new section that would
affect the FCC's enforcement of broadcasts that are obscene or
indecent. It is a violation of Federal law to broadcast obscene
or indecent programming. Specifically, title 18 of the United
States Code, section 1464, prohibits the utterance of ``any
obscene, indecent, or profane language by means of radio
communication''. Congress has given the Commission the
responsibility for administratively enforcing that section. In
doing so, the Commission may, among other things, impose a
monetary forfeiture pursuant to section 503(b)(1) of the
Communications Act. Pursuant to the new section, if a broadcast
includes obscene or indecent matter from more than one
individual during the same program, the FCC must treat the
obscene or indecent matter from each individual as a separate
violation.
This section also would require the Commission to commence a
license or construction permit revocation proceeding against a
broadcaster if the Commission has reason to believe that the
broadcaster has violated section 1464 of title 18. The
Committee expects the circumstances under which the Commission
would have reason to believe that a broadcaster has committed
such a violation to be limited to those in which the Commission
has issued a forfeiture order against a broadcaster or issued a
Notice of Apparent Liability (NAL) that has been paid by the
respective broadcaster. The Committee expects the Commission to
proceed expeditiously in addressing indecency enforcement
actions, consistent with the due process rights of
broadcasters. This section would also change the presumption in
any such revocation hearing by requiring the Commission to
revoke a license or construction permit unless the Commission
determines that such action would not be in the public
interest. The Committee expects the Commission to give
substantial weight in any such revocation hearing to whether
the broadcaster has committed repeated violations of the
indecency or obscenity laws and remedial efforts by the
broadcaster.
Sec. 12. Phase-Out of UHF Discount.
The FCC's rules prohibit any one entity from controlling
commercial broadcast television stations where the combined
audience reach exceeds 45 percent of the nation's television
households. See 47 C.F.R. Sec. 73.3555(e). In developing the
national broadcast television ownership cap, the FCC determined
that Ultra High Frequency (UHF) stations should be counted as
half that of a Very High Frequency (VHF) station. (See 47
C.F.R. Sec. 73.3555(e)(2)) This is known as the ``UHF
discount''. The UHF discount is intended to recognize that
deficiencies in over-the-air UHF reception result in fewer
households receiving the signal in comparison to VHF
broadcasts. Nevertheless, since 1985, when the UHF discount was
enacted, improvements in technology, greater carriage of UHF
stations on MVPDs, and the impact of the DTV transition have
led many to argue that the current rule is no longer warranted.
This section would eliminate the FCC's use of the UHF
discount for any broadcast television station granted,
transferred, or assigned after June 2, 2003. The amendment also
would ``sunset'' the UHF discount on January 1, 2008.
Sec. 13. Digital Translators.
Section 336(f)(4) of the Act authorizes television
translators to operate in digital format on the current
channels. The FCC, however, has promulgated no rules to
implement this law. This section would require the Commission
to initiate a rulemaking within 60 days after the enactment of
the bill, to establish rules and standards for the operation of
digital translators and digital on-channel repeaters.
Broadcasters often provide service to rural or remote areas
through the use television translators and on-channel
repeaters. In many rural areas, these sources offer the only
viable option for providing over-the-air television service.
This section is intended to expedite the authorization and
operation of digital translators and on-channel repeaters. It
would ensure that populations served by analog broadcast
operations will continue to receive service through digital
broadcast operations. Nothing in this provision is intended to
alter the primary status of full service television stations as
they relate to digital translators. In conducting this
proceeding, the FCC should ensure that digital translators do
not create addition interference beyond levels currently
authorized by the FCC for digital transmission, nor conflict
with the channel assignments of full service analog and digital
television stations.
The failure of specified digital translator rules is
preventing populations served by translators from taking part
in the nation's transition to digital broadcast and denying
them access to broadcasters' digital services, including
educational programming, public safety announcements, and local
public affairs programming. Notably, public television licenses
often operate with the assistance of a translator. There are
over 700 public television station translators nationwide. The
Committee recognizes the importance of ensuring that all areas
of the United States enjoy the benefits of digital television.
Also, in authorizing digital on-channel repeaters, the FCC
should ensure that such authorizations remain consistent with
FCC interference rules and policies.
Rollcall Votes in Committee
In accordance with paragraph 7(c) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following description of the record votes during its
consideration of S. 1264:
Senator Lautenberg offered an amendment to phase out the
attribution discount permitted for UHF television stations. By
rollcall vote of 13 yeas and 10 nays as follows, the amendment
was adopted:
YEAS--13 NAYS--10
Mr. Lott Mr. Stevens
Mrs. Hutchison Mr. Burns
Ms. Snowe\1\ Mr. Brownback\1\
Mr. Hollings Mr. Smith
Mr. Inouye\1\ Mr. Fitzgerald
Mr. Rockefeller\1\ Mr. Ensign\1\
Mr. Kerry\1\ Mr. Allen\1\
Mr. Dorgen\1\ Mr. Sununu
Mr. Wyden\1\ Mr. Breaux
Mrs. Boxer\1\ Mr. McCain
Mr. Nelson\1\
Ms. Cantwell\1\
Mr. Lautenberg
\1\By proxy
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
COMMUNICATIONS ACT OF 1934
SEC. 4. [47 U.S.C. 154] PROVISIONS RELATING TO THE COMMISSION.
(a) The Federal Communications Commission (in this Act
referred to as the ``Commission'') shall be composed of five
Commissioners appointed by the President, by and with the
advice and consent of the Senate, one of whom the President
shall designate as chairman.
(b)(1) Each member of the Commission shall be a citizen of
the United States.
(2)(A) No member of the Commission or person employed by the
Commission shall--
(i) be financially interested in any company or other
entity engaged in the manufacture or sale of
telecommunications equipment which is subject to
regulation by the Commission;
(ii) be financially interested in any company or
other entity engaged in the business of communication
by wire or radio or in the use of the electromagnetic
spectrum;
(iii) be financially interested in any company or
other entity which controls any company or other entity
specified in clause (i) or clause (ii), or which
derives a significant portion of its total income from
ownership of stocks, bonds, or other securities of any
such company or other entity; or
(iv) be employed by, hold any official relation to,
or own any stocks, bonds, or other securities of, any
person significantly regulated by the Commission under
this Act;
except that the prohibitions established in this subparagraph
shall apply only to financial interests in any company or other
entity which has a significant interest in communications,
manufacturing, or sales activities which are subject to
regulation by the Commission.
(B)(i) The Commission shall have authority to waive, from
time to time, the application of the prohibitions established
in subparagraph (A) to persons employed by the Commission if
the Commission determines that the financial interests of a
person which are involved in a particular case are minimal,
except that such waiver authority shall be subject to the
provisions of section 208 of title 18, United States Code. The
waiver authority established in this subparagraph shall not
apply with respect to members of the Commission.
(ii) In any case in which the Commission exercises the waiver
authority established in this subparagraph, the Commission
shall publish notice of such action in the Federal Register and
shall furnish notice of such action to the appropriate
committees of each House of the Congress. Each such notice
shall include information regarding the identity of the person
receiving the waiver, the position held by such person, and the
nature of the financial interests which are the subject of the
waiver.
(3) The Commission, in determining whether a company or other
entity has a significant interest in communications,
manufacturing, or sales activities which are subject to
regulation by the Commission, shall consider (without excluding
other relevant factors)--
(A) the revenues, investments, profits, and
managerial efforts directed to the related
communications, manufacturing, or sales activities of
the company or other entity involved, as compared to
the other aspects of the business of such company or
other entity;
(B) the extent to which the Commission regulates and
oversees the activities of such company or other
entity;
(C) the degree to which the economic interests of
such company or other entity may be affected by any
action of the Commission; and
(D) the perceptions held by the public regarding the
business activities of such company or other entity.
(4) Members of the Commission shall not engage in any other
business, vocation, profession, or employment while serving as
such members.
(5) The maximum number of commissioners who may be members of
the same political party shall be a number equal to the least
number of commissioners which constitutes a majority of the
full membership of the Commission.
(c) Commissioners shall be appointed for terms of five years
and until their successors are appointed and have been
confirmed and taken the oath of office, except that they shall
not continue to serve beyond the expiration of the next session
of Congress subsequent to the expiration of said fixed term of
office; except that any person chosen to fill a vacancy shall
be appointed only for the unexpired term of the Commissioner
whom he succeeds. No vacancy in the Commission shall impair the
right of the remaining commissioners to exercise all the powers
of the Commission.
(d) Each Commissioner shall receive an annual salary at the
annual rate payable from time to time for level IV of the
Executive Schedule, payable in monthly installments. The
Chairman of the Commission, during the period of his service as
Chairman, shall receive an annual salary at the annual rate
payable from time to time for level III of the Executive
Schedule.
(e) The principal office of the Commission shall be in the
District of Columbia, where its general sessions shall be held;
but whenever the convenience of the public or of the parties
may be promoted or delay or expense prevented thereby, the
Commission may hold special sessions in any part of the United
States.
(f)(1) The Commission shall have authority, subject to the
provisions of the civil-service laws and the Classification Act
of 1949, as amended, to appoint such officers, engineers,
accountants, attorneys, inspectors, examiners, and other
employees as are necessary in the exercise of its functions.
(2) Without regard to the civil-service laws, but subject to
the Classification Act of 1949, each commissioner may appoint
three professional assistants and a secretary, each of whom
shall perform such duties as such commissioner shall direct. In
addition, the chairman of the Commission may appoint, without
regard to the civil-service laws, but subject to the
Classification Act of 1949, an administrative assistant who
shall perform such duties as the chairman shall direct.
(3) The Commission shall fix a reasonable rate of extra
compensation for overtime services of engineers in charge and
radio engineers of the Field Engineering and Monitoring Bureau
of the Federal Communications Commission, who may be required
to remain on duty between the hours of 5 o'clock postmeridian
and 8 o'clock antemeridian or on Sundays or holidays to perform
services in connection with the inspection of ship radio
equipment and apparatus for the purposes of part II of title
III of this Act or the Great Lakes Agreement, on the basis of
one-half day's additional pay for each two hours or fraction
thereof of at least one hour that the overtime extends beyond 5
o'clock postmeridian (but not to exceed two and one-half days'
pay for the full period from 5 o'clock postmeridian to 8
o'clock antemeridian) and two additional days' pay for Sunday
or holiday duty. The said extra compensation for overtime
services shall be paid by the master, owner, or agent of such
vessel to the local United States collector of customs or his
representative, who shall deposit such collection into the
Treasury of the United States to an appropriately designated
receipt account: Provided, That the amounts of such collections
received by the said collector of customs or his
representatives shall be covered into the Treasury as
miscellaneous receipts; and the payments of such extra
compensation to the several employees entitled thereto shall be
made from the annual appropriations for salaries and expenses
of the Commission: Provided further, That to the extent that
the annual appropriations which are hereby authorized to be
made from the general fund of the Treasury are insufficient,
there are hereby authorized to be appropriated from the general
fund of the Treasury such additional amounts as may be
necessary to the extent that the amounts of such receipts are
in excess of the amounts appropriated: Provided further, That
such extra compensation shall be paid if such field employees
have been ordered to report for duty and have so reported
whether the actual inspection of the radio equipment or
apparatus takes place or not: And provided further, That in
those ports where customary working hours are other than those
hereinabove mentioned, the engineers in charge are vested with
authority to regulate the hours of such employees so as to
agree with prevailing working hours in said ports where
inspections are to be made, but nothing contained in this
proviso shall be construed in any manner to alter the length of
a working day for the engineers in charge and radio engineers
or the overtime pay herein fixed: and Provided further, That,
in the alternative, an entity designated by the Commission may
make the inspections referred to in this paragraph.
(4)(A) The Commission, for purposes of preparing or
administering any examination for an amateur station operator
license, may accept and employ the voluntary and uncompensated
services of any individual who holds an amateur station
operator license of a higher class than the class of license
for which the examination is being prepared or administered. In
the case of examinations for the highest class of amateur
station operator license, the Commission may accept and employ
such services of any individual who holds such class of
license.
(B)(i) The Commission, for purposes of monitoring violations
of any provision of this Act (and of any regulation prescribed
by the Commission under this Act) relating to the amateur radio
service, may--
(I) recruit and train any individual licensed by the
Commission to operate an amateur station; and
(II) accept and employ the voluntary and
uncompensated services of such individual.
(ii) The Commission, for purposes of recruiting and training
individuals under clause (i) and for purposes of screening,
annotating, and summarizing violation reports referred under
clause (i), may accept and employ the voluntary and
uncompensated services of any amateur station operator
organization.
(iii) The functions of individuals recruited and trained
under this subparagraph shall be limited to--
(I) the detection of improper amateur radio
transmissions;
(II) the conveyance to Commission personnel of
information which is essential to the enforcement of
this Act (or regulations prescribed by the Commission
under this Act) relating to the amateur radio service;
and
(III) issuing advisory notices, under the general
direction of the Commission, to persons who apparently
have violated any provision of this Act (or regulations
prescribed by the Commission under this Act) relating
to the amateur radio service.
Nothing in this clause shall be construed to grant individuals
recruited and trained under this subparagraph any authority to
issue sanctions to violators or to take any enforcement action
other than any action which the Commission may prescribe by
rule.
(C)(i) The Commission, for purposes of monitoring violations
of any provision of this Act (and of any regulation prescribed
by the Commission under this Act) relating to the citizens band
radio service, may--
(I) recruit and train any citizens band radio
operator; and
(II) accept and employ the voluntary and
uncompensated services of such operator.
(ii) The Commission, for purposes of recruiting and training
individuals under clause (i) and for purposes of screening,
annotating, and summarizing violation reports referred under
clause (i), may accept and employ the voluntary and
uncompensated services of any citizens band radio operator
organization. The Commission, in accepting and employing
services of individuals under this subparagraph, shall seek to
achieve a broad representation of individuals and organizations
interested in citizens band radio operation.
(iii) The functions of individuals recruited and trained
under this subparagraph shall be limited to--
(I) the detection of improper citizens band radio
transmissions;
(II) the conveyance to Commission personnel of
information which is essential to the enforcement of
this Act (or regulations prescribed by the Commission
under this Act) relating to the citizens band radio
service; and
(III) issuing advisory notices, under the general
direction of the Commission, to persons who apparently
have violated any provision of this Act (or regulations
prescribed by the Commission under this Act) relating
to the citizens band radio service.
Nothing in this clause shall be construed to grant individuals
recruited and trained under this subparagraph any authority to
issue sanctions to violators or to take any enforcement action
other than any action which the Commission may prescribe by
rule.
(D) The Commission shall have the authority to endorse
certification of individuals to perform transmitter
installation, operation, maintenance, and repair duties in the
private land mobile services and fixed services (as defined by
the Commission by rule) if such certification programs are
conducted by organizations or committees which are
representative of the users in those services and which consist
of individuals who are not officers or employees of the Federal
Government.
(E) The authority of the Commission established in this
paragraph shall not be subject to or affected by the provisions
of part III of title 5, United States Code, or section 3679(b)
of the Revised Statutes (31 U.S.C. 665(b)).
(F) Any person who provides services under this paragraph
shall not be considered, by reason of having provided such
services, a Federal employee.
(G) The Commission, in accepting and employing services of
individuals under subparagraphs (A) and (B), shall seek to
achieve a broad representation of individuals and organizations
interested in amateur station operation.
(H) The Commission may establish rules of conduct and other
regulations governing the service of individuals under this
paragraph.
(I) With respect to the acceptance of voluntary uncompensated
services for the preparation, processing, or administration of
examinations for amateur station operator licenses, pursuant to
subparagraph (A) of this paragraph, individuals, or
organizations which provide or coordinate such authorized
volunteer services may recover from examinees reimbursement for
out-of-pocket costs.
(5)(A) The Commission, for purposes of preparing and
administering any examination for a commercial radio operator
license or endorsement, may accept and employ the services of
persons that the Commission determines to be qualified. Any
person so employed may not receive compensation for such
services, but may recover from examinees such fees as the
Commission permits, considering such factors as public service
and cost estimates submitted by such person.
(B) The Commission may prescribe regulations to select,
oversee, sanction, and dismiss any person authorized under this
paragraph to be employed by the Commission.
(C) Any person who provides services under this paragraph or
who provides goods in connection with such services shall not,
by reason of having provided such service or goods, be
considered a Federal or special government employee.
(g)(1) The Commission may make such expenditures (including
expenditures for rent and personal services at the seat of
government and elsewhere, for office supplies, lawbooks,
periodicals, and books of reference, for printing and binding,
for land for use as sites for radio monitoring stations and
related facilities, including living quarters where necessary
in remote areas, for the construction of such stations and
facilities, and for the improvement, furnishing, equipping, and
repairing of such stations and facilities and of laboratories
and other related facilities (including construction of minor
subsidiary buildings and structures not exceeding $25,000 in
any one instance) used in connection with technical research
activities), as may be necessary for the execution of the
functions vested in the Commission and as may be appropriated
for by the Congress in accordance with the authorizations of
appropriations established in section 6. All expenditures of
the Commission, including all necessary expenses for
transportation incurred by the commissioners or by their
employees, under their orders, in making any investigation or
upon any official business in any other places than in the city
of Washington, shall be allowed and paid on the presentation of
itemized vouchers therefor approved by the chairman of the
Commission or by such other members or officer thereof as may
be designated by the Commission for that purpose.
[(2)(A) If--
[(i) the necessary expenses specified in the last
sentence of paragraph (1) have been incurred for the
purpose of enabling commissioners or employees of the
Commission to attend and participate in any convention,
conference, or meeting;
[(ii) such attendance and participation are in
furtherance of the functions of the Commission; and
[(iii) such attendance and participation are
requested by the person sponsoring such convention,
conference, or meeting;
then the Commission shall have authority to accept direct
reimbursement from such sponsor for such necessary expenses.
[(B) The total amount of unreimbursed expenditures made by
the Commission for travel for any fiscal year, together with
the total amount of reimbursements which the Commission accepts
under subparagraph (A) for such fiscal year, shall not exceed
the level of travel expenses appropriated to the Commission for
such fiscal year.
[(C) The Commission shall submit to the appropriate
committees of the Congress, and publish in the Federal
Register, quarterly reports specifying reimbursements which the
Commission has accepted under this paragraph.
[(D) The provisions of this paragraph shall cease to have any
force or effect at the end of fiscal year 1994.
[(E) Funds which are received by the Commission as
reimbursements under the provisions of this paragraph after the
close of a fiscal year shall remain available for obligation.]
(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.
(3)(A) Notwithstanding any other provision of law, in
furtherance of its functions the Commission is authorized to
accept, hold, administer, and use unconditional gifts,
donations, and bequests of real, personal, and other property
(including voluntary and uncompensated services, as authorized
by section 3109 of title 5, United States Code).
(B) The Commission, for purposes of providing radio club and
military-recreational call signs, may utilize the voluntary,
uncompensated, and unreimbursed services of amateur radio
organizations authorized by the Commission that have tax-exempt
status under section 501(c)(3) of the Internal Revenue Code of
1986.
(C) For the purpose of Federal law on income taxes, estate
taxes, and gift taxes, property or services accepted under the
authority of subparagraph (A) shall be deemed to be a gift,
bequest, or devise to the United States.
(D) The Commission shall promulgate regulations to carry out
the provisions of this paragraph. Such regulations shall
include provisions to preclude the acceptance of any gift,
bequest, or donation that would create a conflict of interest
or the appearance of a conflict of interest.
(h) Three members of the Commission shall constitute a quorum
thereof. The Commission shall have an official seal which shall
be judicially noticed.
(i) The Commission may perform any and all acts, make such
rules and regulations, and issue such orders, not inconsistent
with this Act, as may be necessary in the execution of its
functions.
(j) The Commission may conduct its proceedings in such manner
as will best conduce to the proper dispatch of business and to
the ends of justice. No commissioner shall participate in any
hearing or proceeding in which he has a pecuniary interest. Any
party may appear before the Commission and be heard in person
or by attorney. Every vote and official act the Commission
shall be entered of record, and its proceedings shall be public
upon the request of any party interested. The Commission is
authorized to withhold publication of records or proceedings
containing secret information affecting the national defense.
(k) The Commission shall make an annual report to Congress,
copies of which shall be distributed as are other reports
transmitted to Congress. Such reports shall contain--
(1) such information and data collected by the
Commission as may be considered of value in the
determination of questions connected with the
regulation of interstate and foreign wire and radio
communication and radio transmission of energy;
(2) such information and data concerning the
functioning of the Commission as will be of value to
Congress in appraising the amount and character of the
work and accomplishments of the Commission and the
adequacy of its staff and equipment;
(3) an itemized statement of all funds expended
during the preceding year by the Commission, of the
sources of such funds, and of the authority in this Act
or elsewhere under which such expenditures were made;
and
(4) specific recommendations to Congress as to
additional legislation which the Commission deems
necessary or desirable, including all legislative
proposals submitted for approval to the Director of the
Office of Management and Budget.
(l) All reports of investigations made by the Commission
shall be entered of record, and a copy thereof shall be
furnished to the party who may have complained, and to any
common carrier or licensee that may have been complained of.
(m) The Commission shall provide for the publication of its
reports and decisions in such form and manner as may be best
adapted for public information and use, and such authorized
publications shall be competent evidence of the reports and
decisions of the Commission therein contained in all courts of
the United States and of the several States without any further
proof or authentication thereof.
(n) Rates of compensation of persons appointed under this
section shall be subject to the reduction applicable to
officers and employees of the Federal Government generally.
(o) For the purpose of obtaining maximum effectiveness from
the use of radio and wire communications in connection with
safety of life and property, the Commission shall investigate
and study all phases of the problem and the best methods of
obtaining the cooperation and coordination of these systems.
(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.
* * * * * * *
SEC. 6. [47 U.S.C. 156] AUTHORIZATION OF APPROPRIATIONS.
[(a) There are authorized to be appropriated for the
administration of this Act by the Commission $109,831,000 for
fiscal year 1990 and $119,831,000 for fiscal year 1991,
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 1990 and 1991.
[(b) In addition to the amounts authorized to be appropriated
under this section, not more than 4 percent of the amount of
any fees or other charges payable to the United States which
are collected by the Commission during fiscal year 1990 are
authorized to be made available to the Commission until
expended to defray the fully distributed costs of such fees
collection.
[(c) Of the amounts appropriated pursuant to subsection (a)
for fiscal year 1991, such sums as may be necessary not to
exceed $2,000,000 shall be expended for upgrading and
modernizing equipment at the Commission's electronic emissions
test laboratory located in Laurel, Maryland.]
(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 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.
[(d)] (c) Regulatory Fees Offset._Of the sum appropriated in
any fiscal year under this section, a portion, in an amount
determined under section 9(b), shall be derived from fees
authorized by section 9.
* * * * * * *
SEC. 8. [47 U.S.C. 158] APPLICATION FEES.
(a) The Commission shall assess and collect application fees
at such rates as the Commission shall establish or at such
modified rates as it shall establish pursuant to the provisions
of subsection (b) of this section.
(b)(1) The Schedule of Application Fees established under
this section shall be reviewed by the Commission every two
years after October 1, 1991, and adjusted by the Commission to
reflect changes in the Consumer Price Index. Increases or
decreases in application fees shall apply to all categories of
application fees, except that individual fees shall not be
adjusted until the increase or decrease, as determined by the
net change in the Consumer Price Index since the date of
enactment of this section, amounts to at least $5.00 in the
case of fees under $100.00, or 5 percent in the case of fees of
$100.00 or more. All fees which require adjustment will be
rounded upward to the next $5.00 increment. The Commission
shall transmit to the Congress notification of any such
adjustment not later than 90 days before the effective date of
such adjustment.
(2) Increases or decreases in application fees made pursuant
to this subsection shall not be subject to judicial review.
(c)(1) The Commission shall prescribe by regulation an
additional application fee which shall be assessed as a penalty
for late payment of application fees required by subsection (a)
of this section. Such penalty shall be 25 percent of the amount
of the application fee which was not paid in a timely manner.
(2) The Commission may dismiss any application or other
filing for failure to pay in a timely manner any application
fee or penalty under this section.
(d)(1) The application fees established under this section
shall not be applicable (A) to governmental entities and
nonprofit entities licensed in the following radio services:
Local Government, Police, Fire, Highway Maintenance, Forestry-
Conservation, Public Safety, and Special Emergency Radio, or
(B) to governmental entities licensed in other services.
(2) The Commission may waive or defer payment of an charge in
any specific instance for good cause shown, where such action
would promote the public interest.
[(e) Moneys received from application fees established under
this section 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.]
(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.
(f) The Commission shall prescribe appropriate rules and
regulations to carry out the provisions of this section.
(g) Until modified pursuant to subsection (b) of this
section, the Schedule of Application Fees which the Federal
Communications Commission shall prescribe pursuant to
subsection (a) of this section shall be as follows:
SCHEDULE OF APPLICATION FEES
Service
Fee amount
PRIVATE RADIO SERVICES
1. Marine Coast Stations
a. New License (per station).............................. $70.00
b. Modification of License (per station).................. 70.00
c. Renewal of License (per station)....................... 70.00
d. Special Temporary Authority (Initial, Modifications,
Extensions)............................................. 100.00
e. Assignments (per station).............................. 70.00
f. Transfers of Control (per station)..................... 35.00
g. Request for Waiver
(i) Routine (per request)............................. 105.00
(ii) Non-Routine (per rule section/per station)....... 105.00
2. Ship Stations
a. New License (per application).......................... 35.00
b. Modification of License (per application).............. 35.00
c. Renewal of License (per application)................... 35.00
d. Request for Waiver
(i) Routine (per request)............................. 105.00
(ii) Non-Routine (per rule section/per station)....... 105.00
3. Operational Fixed Microwave Stations
a. New License (per station).............................. 155.00
b. Modification of License (per station).................. 155.00
c. Renewal of License (per station)....................... 155.00
d. Special Temporary Authority (Initial, Modifications,
Extensions)............................................. 35.00
e. Assignments (per station).............................. 155.00
f. Transfers of Control (per station)..................... 35.00
g. Request for Waiver
(i) Routine (per request)............................. 105.00
(ii) Non-Routine (per rule section/per station)....... 105.00
4. Aviation (Ground Stations)
a. New License (per station).............................. 70.00
b. Modification of License (per station).................. 70.00
c. Renewal of License (per station)....................... 70.00
d. Special Temporary Authority (Initial, Modifications,
Extensions)............................................. 100.00
e. Assignments (per station).............................. 70.00
f. Transfers of Control (per station)..................... 35.00
g. Request for Waiver
(i) Routine (per request)............................. 105.00
(ii) Non-Routine (per rule section/per station)....... 105.00
5. Aircraft Stations
a. New License (per application).......................... 35.00
b. Modification of License (per application).............. 35.00
c. Renewal of License (per application)................... 35.00
d. Request for Waiver
(i) Routine (per request)............................. 105.00
(ii) Non-Routine (per rule section/per station)....... 105.00
6. Land Mobile Radio Stations (including Special Emergency and
Public Safety Stations)
a. New License (per call sign)............................ 35.00
b. Modification of License (per call sign)................ 35.00
c. Renewal of License (per call sign)..................... 35.00
d. Special Temporary Authority (Initial, Modifications,
Extensions)............................................. 35.00
e. Assignments (per station).............................. 35.00
f. Transfers of Control (per call sign)................... 35.00
g. Request for Waiver
(i) Routine (per request)............................. 105.00
(ii) Non-Routine (per rule section/per station)....... 105.00
h. Reinstatement (per call sign).......................... 35.00
i. Specialized Mobile Radio Systems-Base Stations
(i) New License (per call sign)....................... 35.00
(ii) Modification of License (per call sign).......... 35.00
(iii) Renewal of License (per call sign).............. 35.00
(iv) Waiting List (annual application fee per
application)........................................ 35.00
(v) Special Temporary Authority (Initial,
Modifications, Extensions).......................... 35.00
(vi) Assignments (per call sign)...................... 35.00
(vii) Transfers of Control (per call sign)............ 35.00
(viii) Request for Waiver
(1) Routine (per request)......................... 105.00
(2) Non-Routine (per rule section/per station).... 105.00
(ix) Reinstatements (per call sign)................... 35.00
j. Private Carrier Licenses
(i) New License (per call sign)....................... 35.00
(ii) Modification of License (per call sign).......... 35.00
(iii) Renewal of License (per call sign).............. 35.00
(iv) Special Temporary Authority (Initial,
Modifications, Extensions).......................... 35.00
(v) Assignments (per call sign)....................... 35.00
(vi) Transfers of Control (per call sign)............. 35.00
(vii) Request for Waiver
(1) Routine (per request)......................... 105.00
(2) Non-Routine (per rule section/per station).... 105.00
(viii) Reinstatements (per call sign)................. 35.00
7. General Mobile Radio Service
a. New License (per call sign)............................ 35.00
b. Modifications of License (per call sign)............... 35.00
c. Renewal of License (per call sign)..................... 35.00
d. Request for Waiver
(i) Routine (per request)............................. 105.00
(ii) Non-Routine (per rule section/per station)....... 105.00
e. Special Temporary Authority (Initial, Modifications,
Extensions)............................................. 35.00
f. Transfer of control (per call sign).................... 35.00
8. Restricted Radiotelephone Operator Permit.................. 35.00
9. Request for Duplicate Station License (all services)....... 35.00
10. Hearing (Comparative, New, and Modifications)............. 6,760.00
EQUIPMENT APPROVAL SERVICES/EXPERIMENTAL RADIO
1. Certification
a. Receivers (except TV and FM receivers)................. 285.00
b. All Other Devices...................................... 735.00
c. Modifications and Class II Permissive Changes.......... 35.00
d. Request for Confidentiality............................ 105.00
2. Type Acceptance
a. All Devices............................................ 370.00
b. Modifications and Class II Permissive Changes.......... 35.00
c. Request for Confidentiality............................ 105.00
3. Type Approval (all devices)
a. With Testing (including Major Modifications)........... 1,465.00
b. Without Testing (including Minor Modifications)........ 170.00
c. Request for Confidentiality............................ 105.00
4. Notifications.............................................. 115.00
5. Advance Approval for Subscription TV System................ 2,255.00
a. Request for Confidentiality............................ 105.00
6. Assignment of Grantee Code for Equipment Identification.... 35.00
7. Experimental Radio Service
a. New Construction Permit and Station Authorization (per
application)............................................ 35.00
b. Modification to Existing Construction Permit and
Station Authorization (per application)................. 35.00
c. Renewal of Station Authorization (per application)..... 35.00
d. Assignment or Transfer of Control (per application).... 35.00
e. Special Temporary Authority (per application).......... 35.00
f. Additional Application Fee for Applications Containing
Requests to Withhold Information From Public Inspection
(per application)....................................... 35.00
MASS MEDIA SERVICES
1. Commercial TV Stations
a. New or Major Change Construction Permits............... 2,535.00
b. Minor Change........................................... 565.00
c. Hearing (Major/Minor Change, Comparative New, or
Comparative Renewal).................................... 6,760.00
d. License................................................ 170.00
e. Assignment or Transfer
(i) Long Form (Forms 314/315)......................... 565.00
(ii) Short Form (Form 316)............................ 80.00
f. Renewal................................................ 100.00
g. Call Sign (New or Modification)........................ 55.00
h. Special Temporary Authority (other than to remain
silent or extend an existing STA to remain silent)...... 100.00
i. Extension of Time to Construct or Replacement of CP.... 200.00
j. Permit to Deliver Programs to Foreign Broadcast
Stations................................................ 55.00
k. Petition for Rulemaking for New Community of License... 1,565.00
l. Ownership Report (per report).......................... 35.00
2. Commercial Radio Stations
a. New and Major Change Construction Permit
(i) AM Station........................................ 2,255.00
(ii) FM Station....................................... 2,030.00
b. Minor Change
(i) AM Station........................................ 565.00
(ii) FM Station....................................... 565.00
c. Hearing (Major/Minor Change, Comparative New, or
Comparative Renewal).................................... 6,760.00
d. License
(i) AM................................................ 370.00
(ii) FM............................................... 115.00
(iii) AM Directional Antenna.......................... 425.00
(iv) FM Directional Antenna........................... 355.00
(v) AM Remote Control................................. 35.00
e. Assignment or Transfer
(i) Long Form (Forms 314/315)......................... 565.00
(ii) Short Form (Form 316)............................ 80.00
f. Renewal................................................ 100.00
g. Call Sign (New or Modification)........................ 55.00
h. Special Temporary Authority (other than to remain
silent or extend an existing STA to remain silent)...... 100.00
i. Extension of Time to Construct or Replacement of CP.... 200.00
j. Permit to Deliver Programs to Foreign Broadcast
Stations................................................ 55.00
k. Petition for Rulemaking for New Community of License or
Higher Class Channel.................................... 1,565.00
l. Ownership Report (per report).......................... 35.00
3. FM Translators
a. New or Major Change Construction Permit................ 425.00
b. License................................................ 85.00
c. Assignment or Transfer................................. 80.00
d. Renewal................................................ 35.00
e. Special Temporary Authority (other than to remain
silent or extend an existing STA to remain silent)...... 100.00
4. TV Translators and LPTV Stations
a. New or Major Change Construction Permit................ 425.00
b. License................................................ 85.00
c. Assignment or Transfer................................. 80.00
d. Renewal................................................ 35.00
e. Special Temporary Authority (other than to remain
silent or extend an existing STA to remain silent)...... 100.00
5. Auxiliary Services (Includes Remote Pickup stations, TV
Auxiliary Broadcast stations, Aural Broadcast STL and
Intercity Relay stations, and Low Power Auxiliary
stations)
a. Major Actions.......................................... 85.00
b. Renewals............................................... 35.00
c. Special Temporary Authority (other than to remain
silent or extend an existing STA to remain silent)...... 100.00
6. FM/TV Boosters
a. New and Major Change Construction Permits.............. 425.00
b. License................................................ 85.00
c. Special Temporary Authority (other than to remain
silent or extend an existing STA to remain silent)...... 100.00
7. International Broadcast Station
a. New Construction Permit and Facilities Change CP....... 1,705.00
b. License................................................ 385.00
c. Assignment or Transfer (per station)................... 60.00
d. Renewal................................................ 95.00
e. Frequency Assignment and Coordination (per frequency
hour)................................................... 35.00
f. Special Temporary Authority (other than to remain
silent or extend an existing STA to remain silent)...... 100.00
8. Cable Television Service
a. Cable Television Relay Service
(i) Construction Permit............................... 155.00
(ii) Assignment or Transfer........................... 155.00
(iii) Renewal......................................... 155.00
(iv) Modification..................................... 155.00
(v) Special Temporary Authority (other than to remain
silent or extend an existing STA to remain silent).. 100.00
b. Cable Special Relief Petition.......................... 790.00
c. 76.12 Registration Statement (per statement)........... 35.00
d. Aeronautical Frequency Usage Notifications (per notice) 35.00
e. Aeronautical Frequency Usage Waivers (per waiver)...... 35.00
9. Direct Broadcast Satellite
a. New or Major Change Construction Permit
(i) Application for Authorization to Construct a
Direct Broadcast Satellite.......................... 2,030.00
(ii) Issuance of Construction Permit & Launch
Authority...........................................19,710.00
(iii) License to Operate Satellite.................... 565.00
b. Hearing (Comparative New, Major/Minor Modifications, or
Comparative Renewal).................................... 6,760.00
c. Special Temporary Authority (other than to remain
silent or extend an existing STA to remain silent)...... 100.00
COMMON CARRIER SERVICES
1. All Common Carrier Services
a. Hearing (Comparative New or Major/Minor Modifications). 6,760.00
b. Development Authority (Same application fee as regular
authority in service unless otherwise indicated)
c. Formal Complaints and Pole Attachment Complaints Filing
Fee..................................................... 120.00
d. Proceeding under section 109(b) of the Communications
Assistance for Law Enforcement Act...................... 5,000
2. Domestic Public Land Mobile Stations (includes Base,
Dispatch, Control & Repeater Stations)
a. New or Additional Facility (per transmitter)........... 230.00
b. Major Modifications (per transmitter).................. 230.00
c. Fill In Transmitters (per transmitter)................. 230.00
d. Major Amendment to a Pending Application (per
transmitter)............................................ 230.00
e. Assignment or Transfer
(i) First Call Sign on Application.................... 230.00
(ii) Each Additional Call Sign........................ 35.00
f. Partial Assignment (per call sign)..................... 230.00
g. Renewal (per call sign)................................ 35.00
h. Minor Modification (per transmitter)................... 35.00
i. Special Temporary Authority (per frequency/per
location)............................................... 200.00
j. Extension of Time to Construct (per application)....... 35.00
k. Notice of Completion of Construction (per application). 35.00
l. Auxiliary Test Station (per transmitter)............... 200.00
m. Subsidiary Communications Service (per request)........ 100.00
n. Reinstatement (per application)........................ 35.00
o. Combining Call Signs (per call sign)................... 200.00
p. Standby Transmitter (per transmitter/per location)..... 200.00
q. 900 MHz Nationwide Paging
(i) Renewal
(1) Network Organizer............................. 35.00
(2) Network Operator (per operator/per city)...... 35.00
r. Air-Ground Individual License (per station)
(i) Initial License................................... 35.00
(ii) Renewal of License............................... 35.00
(iii) Modification of License......................... 35.00
3. Cellular Systems (per system)
a. New or Additional Facilities........................... 230.00
b. Major Modification..................................... 230.00
c. Minor Modification..................................... 60.00
d. Assignment or Transfer (including partial)............. 230.00
e. License to Cover Construction
(i) Initial License for Wireline Carrier.............. 595.00
(ii) Subsequent License for Wireline Carrier.......... 60.00
(iii) License for Nonwireline Carrier................. 60.00
(iv) Fill In License (all carriers)................... 60.00
f. Renewal................................................ 35.00
g. Extension of Time to Complete Construction............. 35.00
h. Special Temporary Authority (per system)............... 200.00
i. Combining Cellular Geographic Service Areas (per
system)................................................. 50.00
4. Rural Radio (includes Central Office, Interoffice, or Relay
Facilities)
a. New or Additional Facility (per transmitter)........... 105.00
b. Major Modification (per transmitter)................... 105.00
c. Major Amendment to Pending Application (per
transmitter)............................................ 105.00
d. Minor Modification (per transmitter)................... 35.00
e. Assignments or Transfers
(i) First Call Sign on Application.................... 105.00
(ii) Each Additional Call Sign........................ 35.00
(iii) Partial Assignment (per call sign).............. 105.00
f. Renewal (per call sign)................................ 35.00
g. Extension of Time to Complete Construction (per
application)............................................ 35.00
h. Notice of Completion of Construction (per application). 35.00
i. Special Temporary Authority (per frequency/per
location)............................................... 200.00
j. Reinstatement (per application)........................ 35.00
k. Combining Call Signs (per call sign)................... 200.00
l. Auxiliary Test Station (per transmitter)............... 200.00
m. Standby Transmitter (per transmitter/per location)..... 200.00
5. Offshore Radio Service (Mobile, Subscriber, and Central
Stations; fees would also apply to any expansion of this
service into coastal waters other than the Gulf of Mexico)
a. New or Additional Facility (per transmitter)........... 105.00
b. Major Modifications (per transmitter).................. 105.00
c. Fill In Transmitters (per transmitter)................. 105.00
d. Major Amendment to Pending Application (per
transmitter)............................................ 105.00
e. Minor Modification (per transmitter)................... 35.00
f. Assignment or Transfer
(i) Each Additional Call Sign......................... 35.00
(ii) Partial Assignment (per call sign)............... 105.00
g. Renewal (per call sign)................................ 35.00
h. Extension of Time to Complete Construction (per
application)............................................ 35.00
i. Reinstatement (per application)........................ 35.00
j. Notice of Completion of Construction (per application). 35.00
k. Special Temporary Authority (per frequency/per
location)............................................... 200.00
l. Combining Call Signs (per call sign)................... 200.00
m. Auxiliary Test Station (per transmitter)............... 200.00
n. Standby Transmitter (per transmitter/ per location).... 200.00
6. Point-to-Point Microwave and Local Television Radio Service
a. Conditional License (per station)...................... 155.00
b. Major Modification of Conditional License or License
Authorization (per station)............................. 155.00
c. Certification of Completion of Construction (per
station)................................................ 155.00
d. Renewal (per licensed station)......................... 155.00
e. Assignment or Transfer
(i) First Station on Application...................... 55.00
(ii) Each Additional Station.......................... 35.00
f. Extension of Construction Authorization (per station).. 55.00
g. Special Temporary Authority or Request for Waiver of
Prior Construction Authorization (per request).......... 70.00
7. Multipoint Distribution Service (including multichannel
MDS)
a. Conditional License (per station)...................... 155.00
b. Major Modification of Conditional License or License
Authorization (per station)............................. 155.00
c. Certification of Completion of Construction (per
channel)................................................ 455.00
d. Renewal (per licensed station)......................... 155.00
e. Assignment or Transfer
(i) First Station on Application...................... 55.00
(ii) Each Additional Station.......................... 35.00
f. Extension of Construction Authorization (per station).. 110.00
g. Special Temporary Authority or Request for Waiver of
Prior Construction Authorization (per request).......... 70.00
8. Digital Electronic Message Service
a. Conditional License (per nodal station)................ 155.00
b. Modification of Conditional License or License
Authorization (per nodal station)....................... 155.00
c. Certification of Completion of Construction (per nodal
station)................................................ 155.00
d. Renewal (per licensed nodal station)................... 155.00
e. Assignment or Transfer
(i) First Station on Application...................... 55.00
(ii) Each Additional Station.......................... 35.00
f. Extension of Construction Authorization (per station).. 55.00
g. Special Temporary Authority or Request for Waiver of
Prior Construction Authorization (per request).......... 70.00
9. International Fixed Public Radio (Public and Control
Stations)
a. Initial Construction Permit (per station).............. 510.00
b. Assignment or Transfer (per application)............... 510.00
c. Renewal (per license).................................. 370.00
d. Modification (per station)............................. 370.00
e. Extension of Construction Authorization (per station).. 185.00
f. Special Temporary Authority or Request for Waiver (per
request)................................................ 185.00
10. Fixed Satellite Transmit/Receive Earth Stations
a. Initial Application (per station)...................... 1,525.00
b. Modification of License (per station).................. 105.00
c. Assignment or Transfer
(i) First Station on Application...................... 300.00
(ii) Each Additional Station.......................... 100.00
d. Developmental Station (per station).................... 1,000.00
e. Renewal of License (per station)....................... 105.00
f. Special Temporary Authority or Waivers of Prior
Construction Authorization (per request)................ 105.00
g. Amendment of Application (per station)................. 105.00
h. Extension of Construction Permit (per station)......... 105.00
11. Small Transmit/Receive Earth Stations (2 meters or less
and operating in the 4/6 GHz frequency band)
a. Lead Application....................................... 3,380.00
b. Routine Application (per station)...................... 35.00
c. Modification of License (per station).................. 105.00
d. Assignment or Transfer
(i) First Station on Application...................... 300.00
(ii) Each Additional Station.......................... 35.00
e. Developmental Station (per station).................... 1,000.00
f. Renewal of License (per station)....................... 105.00
g. Special Temporary Authority or Waivers of Prior
Construction Authorization (per request)................ 105.00
h. Amendment of Application (per station)................. 105.00
i. Extension of Construction Permit (per station)......... 105.00
12. Receive Only Earth Stations
a. Initial Application for Registration................... 230.00
b. Modification of License or Registration (per station).. 105.00
c. Assignment or Transfer
(i) First Station on Application...................... 300.00
(ii) Each Additional Station.......................... 100.00
d. Renewal of License (per station)....................... 105.00
e. Amendment of Application (per station)................. 105.00
f. Extension of Construction Permit (per station)......... 105.00
g. Waivers (per request).................................. 105.00
13. Very Small Aperture Terminal (VSAT) Systems
a. Initial Application (per system)....................... 5,630.00
b. Modification of License (per system)................... 105.00
c. Assignment or Transfer of System....................... 1,505.00
d. Developmental Station.................................. 1,000.00
e. Renewal of License (per system)........................ 105.00
f. Special Temporary Authority or Waivers of Prior
Construction Authorization (per request)................ 105.00
g. Amendment of Application (per system).................. 105.00
h. Extension of Construction Permit (per system).......... 105.00
14. Mobile Satellite Earth Stations
a. Initial Application of Blanket Authorization........... 5,630.00
b. Initial Application for Individual Earth Station....... 1,350.00
c. Modification of License (per system)................... 105.00
d. Assignment or Transfer (per system).................... 1,505.00
e. Developmental Station.................................. 1,000.00
f. Renewal of License (per system)........................ 105.00
g. Special Temporary Authority or Waivers of Prior
Construction Authorization (per request)................ 105.00
h. Amendment of Application (per system).................. 105.00
i. Extension of Construction Permit (per system).......... 105.00
15. Radio determination Satellite Earth Stations
a. Initial Application of Blanket Authorization........... 5,630.00
b. Initial Application for Individual Earth Station....... 1,350.00
c. Modification of License (per system)................... 105.00
d. Assignment or Transfer (per system).................... 1,505.00
e. Developmental Station.................................. 1,000.00
f. Renewal of License (per system)........................ 105.00
g. Special Temporary Authority or Waivers of Prior
Construction Authorization (per request)................ 105.00
h. Amendment of Application (per system).................. 105.00
i. Extension of Construction Permit (per system).......... 105.00
16. Space Stations
a. Application for Authority to Construct................. 2,030.00
b. Application for Authority to Launch & Operate
(i) Initial Application...............................70,000.00
(ii) Replacement Satellite............................70,000.00
c. Assignment or Transfer (per satellite)................. 5,000.00
d. Modification........................................... 5,000.00
e. Special Temporary Authority or Waiver of Prior
Construction Authorization (per request)................ 500.00
f. Amendment of Application............................... 1,000.00
g. Extension of Construction Permit/Launch Authorization
(per request)........................................... 500.00
17. Section 214 Applications
a. Overseas Cable Construction............................ 9,125.00
b. Cable Landing License
(i) Common Carrier.................................... 1,025.00
(ii) Non-Common Carrier...............................10,150.00
c. Domestic Cable Construction............................ 610.00
d. All Other 214 Applications............................. 610.00
e. Special Temporary Authority (all services)............. 610.00
f. Assignments or Transfers (all services)................ 610.00
18. Recognized Private Operating Status (per application)..... 610.00
19. Telephone Equipment Registration.......................... 155.00
20. Tariff Filings
a. Filing Fee............................................. 490.00
b. Special Permission Filing (per filing)................. 490.00
21. Accounting and Audits
a. Field Audit............................................62,290.00
b. Review of Attest Audit.................................34,000.00
c. Review of Depreciation Update Study (Single State).....20,685.00
(i) Each Additional State............................. 680.00
d. Interpretation of Accounting Rules (per request)....... 2,885.00
e. Petition for Waiver (per petition)..................... 4,660.00
22. Low-Earth Orbit Satellite Systems
a. Application for Authority to Construct (per system of
technology identical satellites)........................ 6,000.00
b. Application for Authority to Launch and Operate (per
system of technologically identical satellites)........210,000.00
c. Assignment or Transfer (per request)................... 6,000.00
d. Modification (per request).............................15,000.00
e. Special Temporary Authority or Waiver of Prior
Construction Authorization (per request)................ 1,500.00
f. Amendment of Application (per request)................. 3,000.00
g. Extension of Construction Permit/Launch Authorization
(per request)........................................... 1,500.00
MISCELLANEOUS APPLICATION FEES
1. International Telecommunications Settlements Administrative
Fee for Collections (per line item)....................... 2.00
2. Radio Operator Examinations................................
a. Commercial Radio Operator Examination.................. 35.00
b. Renewal of Commercial Radio Operator License, Permit,
or Certificate.......................................... 35.00
c. Duplicate or Replacement Commercial Radio Operator
License, Permit, or Certificate......................... 35.00
3. Ship Inspections...........................................
a. Inspection of Oceangoing Vessels Under Title III, Part
II of the Communications Act (per inspection)........... 620.00
b. Inspection of Passenger Vessels Under Title III, Part
III of the Communications Act (per inspection).......... 320.00
c. Inspection of Vessels Under the Great Lakes Agreement
(per inspection)........................................ 75.00
d. Inspection of Foreign Vessels Under the Safety of Life
at Sea (SOLAS) Convention (per inspection).............. 540.00
e. Temporary Waiver for Compulsorily Equipped Vessel...... 60.00
* * * * * * *
SEC. 11. [47 U.S.C. 161] REGULATORY REFORM.
(a) Biennial Review of Regulations.--In every even-numbered
year (beginning with 1998), the Commission--
(1) shall review all regulations issued under this
Act in effect at the time of the review that apply to
the operations or activities of any provider of
telecommunications service; and
(2) shall determine whether any such regulation is no
longer necessary in the public interest as the result
of meaningful economic competition between providers of
such service.
(b) Effect of Determination.--The Commission shall repeal or
modify any regulation it determines to be no longer necessary
in the public interest.
(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. 336. [47 U.S.C. 336] BROADCAST SPECTRUM FLEXIBILITY.
(a) Commission Action.--If the Commission determines to issue
additional licenses for advanced television services, the
Commission--
(1) should limit the initial eligibility for such
licenses to persons that, as of the date of such
issuance, are licensed to operate a television
broadcast station or hold a permit to construct such a
station (or both); and
(2) shall adopt regulations that allow the holders of
such licenses to offer such ancillary or supplementary
services on designated frequencies as may be consistent
with the public interest, convenience, and necessity.
(b) Contents of Regulations.--In prescribing the regulations
required by subsection (a), the Commission shall--
(1) only permit such licensee or permittee to offer
ancillary or supplementary services if the use of a
designated frequency for such services is consistent
with the technology or method designated by the
Commission for the provision of advanced television
services;
(2) limit the broadcasting of ancillary or
supplementary services on designated frequencies so as
to avoid derogation of any advanced television
services, including high definition television
broadcasts, that the Commission may require using such
frequencies;
(3) apply to any other ancillary or supplementary
service such of the Commission's regulations as are
applicable to the offering of analogous services by any
other person, except that no ancillary or supplementary
service shall have any rights to carriage under section
614 or 615 or be deemed a multichannel video
programming distributor for purposes of section 628;
(4) adopt such technical and other requirements as
may be necessary or appropriate to assure the quality
of the signal used to provide advanced television
services, and may adopt regulations that stipulate the
minimum number of hours per day that such signal must
be transmitted; and
(5) prescribe such other regulations as may be
necessary for the protection of the public interest,
convenience, and necessity.
(c) Recovery of License.--If the Commission grants a license
for advanced television services to a person that, as of the
date of such issuance, is licensed to operate a television
broadcast station or holds a permit to construct such a station
(or both), the Commission shall, as a condition of such
license, require that either the additional license or the
original license held by the licensee be surrendered to the
Commission for reallocation or reassignment (or both) pursuant
to Commission regulation.
(d) Public Interest Requirement.--Nothing in this section
shall be construed as relieving a television broadcasting
station from its obligation to serve the public interest,
convenience, and necessity. In the Commission's review of any
application for renewal of a broadcast license for a television
station that provides ancillary or supplementary services, the
television licensee shall establish that all of its program
services on the existing or advanced television spectrum are in
the public interest. Any violation of the Commission rules
applicable to ancillary or supplementary services shall reflect
upon the licensee's qualifications for renewal of its license.
(e) Fees.--
(1) Services to which fees apply.--If the regulations
prescribed pursuant to subsection (a) permit a licensee
to offer ancillary or supplementary services on a
designated frequency--
(A) for which the payment of a subscription
fee is required in order to receive such
services, or
(B) for which the licensee directly or
indirectly receives compensation from a third
party in return for transmitting material
furnished by such third party (other than
commercial advertisements used to support
broadcasting for which a subscription fee is
not required),
the Commission shall establish a program to assess and
collect from the licensee for such designated frequency
an annual fee or other schedule or method of payment
that promotes the objectives described in subparagraphs
(A) and (B) of paragraph (2).
(2) Collection of fees.--The program required by
paragraph (1) shall--
(A) be designed (i) to recover for the public
a portion of the value of the public spectrum
resource made available for such commercial
use, and (ii) to avoid unjust enrichment
through the method employed to permit such uses
of that resource;
(B) recover for the public an amount that, to
the extent feasible, equals but does not exceed
(over the term of the license) the amount that
would have been recovered had such services
been licensed pursuant to the provisions of
section 309(j) of this Act and the Commission's
regulations thereunder; and
(C) be adjusted by the Commission from time
to time in order to continue to comply with the
requirements of this paragraph.
(3) Treatment of revenues.--
(A) General rule.--Except as provided in
subparagraph (B), all proceeds obtained
pursuant to the regulations required by this
subsection shall be deposited in the Treasury
in accordance with chapter 33 of title 31,
United States Code.
(B) Retention of revenues.--Notwithstanding
subparagraph (A), the salaries and expenses
account of the Commission shall retain as an
offsetting collection such sums as may be
necessary from such proceeds for the costs of
developing and implementing the program
required by this section and regulating and
supervising advanced television services. Such
offsetting collections shall be available for
obligation subject to the terms and conditions
of the receiving appropriations account, and
shall be deposited in such accounts on a
quarterly basis.
(4) Report.--Within 5 years after the date of
enactment of the Telecommunications Act of 1996, the
Commission shall report to the Congress on the
implementation of the program required by this
subsection, and shall annually thereafter advise the
Congress on the amounts collected pursuant to such
program.
(f) Preservation of Low-Power Community Television
Broadcasting.--
(1) Creation of class a licenses.--
(A) Rulemaking Required.--Within 120 days
after the date of the enactment of the
Community Broadcasters Protection Act of 1999,
the Commission shall prescribe regulations to
establish a class A television license to be
available to licensees of qualifying low-power
television stations. Such regulations shall
provide that--
(i) the license shall be subject to
the same license terms and renewal
standards as the licenses for full-
power television stations except as
provided in this subsection; and
(ii) each such class A licensee shall
be accorded primary status as a
television broadcaster as long as the
station continues to meet the
requirements for a qualifying low-power
station in paragraph (2).
(B) Notice to and certification by
licensees.--Within 30 days after the date of
the enactment of the Community Broadcasters
Protection Act of 1999, the Commission shall
send a notice to the licensees of all low-power
televisions licenses that describes the
requirements for class A designation. Within 60
days after such date of enactment, licensees
intending to seek class A designation shall
submit to the Commission a certification of
eligibility based on the qualification
requirements of this subsection. Absent a
material deficiency, the Commission shall grant
certification of eligibility to apply for class
A status.
(C) Application for and award of licenses.--
Consistent with the requirements set forth in
paragraph (2)(A) of this subsection, a licensee
may submit an application for class A
designation under this paragraph within 30 days
after final regulations are adopted under
subparagraph (A) of this paragraph. Except as
provided in paragraphs (6) and (7), the
Commission shall, within 30 days after receipt
of an application of a licensee of a qualifying
low-power television station that is acceptable
for filing, award such a class A television
station license to such licensee.
(D) Resolution of technical problems.--The
Commission shall act to preserve the service
areas of low-power television licensees pending
the final resolution of a class A application.
If, after granting certification of eligibility
for a class A license, technical problems arise
requiring an engineering solution to a full-
power station's allotted parameters or channel
assignment in the digital television Table of
Allotments, the Commission shall make such
modifications as necessary--
(i) to ensure replication of the
full-power digital television
applicant's service area, as provided
for in sections 73.622 and 73.623 of
the Commission's regulations (47 CFR
73.622, 73.623); and
(ii) to permit maximization of a
full-power digital television
applicant's service area consistent
with such sections 73.622 and 73.623,
if such applicant has filed an application for
maximization or a notice of its intent to seek
such maximization by December 31, 1999, and
filed a bona fide application for maximization
by May 1, 2000. Any such applicant shall comply
with all applicable Commission rules regarding
the construction of digital television
facilities.
(E) Change applications.--If a station that
is awarded a construction permit to maximize or
significantly enhance its digital television
service area, later files a change application
to reduce its digital television service area,
the protected contour of that station shall be
reduced in accordance with such change
modification.
(2) Qualifying low-power television stations.--For
purposes of this subsection, a station is a qualifying
low-power television station if--
(A)(i) during the 90 days preceding the date
of the enactment of the Community Broadcasters
Protection Act of 1999--
(I) such station broadcast a minimum
of 18 hours per day;
(II) such station broadcast an
average of at least 3 hours per week of
programming that was produced within
the market area served by such station,
or the market area served by a group of
commonly controlled low-power stations
that carry common local programming
produced within the market area served
by such group; and
(III) such station was in compliance
with the Commission's requirements
applicable to low-power television
stations; and
(ii) from and after the date of its
application for a class A license, the station
is in compliance with the Commission's
operating rules for full-power television
stations; or
(B) the Commission determines that the public
interest, convenience, and necessity would be
served by treating the station as a qualifying
low-power television station for purposes of
this section, or for other reasons determined
by the Commission.
(3) Common ownership.--No low-power television
station authorized as of the date of the enactment of
the Community Broadcasters Protection Act of 1999 shall
be disqualified for a class A license based on common
ownership with any other medium of mass communication.
(4) Issuance of licenses for advanced television
services to television translator stations and
qualifying low-power television stations.--The
Commission is not required to issue any additional
license for advanced television services to the
licensee of a class A television station under this
subsection, or to any licensee of any television
translator station, but shall accept a license
application for such services proposing facilities that
will not cause interference to the service area of any
other broadcast facility applied for, protected,
permitted, or authorized on the date of filing of the
advanced television application. Such new license or
the original license of the applicant shall be
forfeited after the end of the digital television
service transition period, as determined by the
Commission. A licensee of a low-power television
station or television translator station may, at the
option of licensee, elect to convert to the provision
of advanced television services on its analog channel,
but shall not be required to convert to digital
operation until the end of such transition period.
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.
(5) No preemption of section 337.--Nothing in this
subsection preempts or otherwise affects section 337 of
this Act.
(6) Interim qualification.--
(A) Stations operating within certain
bandwidth.--The Commission may not grant a
class A license to a low-power television
station for operation between 698 and 806
megahertz, but the Commission shall provide to
low-power television stations assigned to and
temporarily operating in that bandwidth the
opportunity to meet the qualification
requirements for a class A license. If such a
qualified applicant for a class A license is
assigned a channel within the core spectrum (as
such term is defined in MM Docket No. 87-286,
February 17, 1998), the Commission shall issue
a class A license simultaneously with the
assignment of such channel.
(B) Certain channels off-limits.--The
Commission may not grant under this subsection
a class A license to a low-power television
station operating on a channel within the core
spectrum that includes any of the 175
additional channels referenced in paragraph 45
of its February 23, 1998, Memorandum Opinion
and Order on Reconsideration of the Sixth
Report and Order (MM Docket No. 87-268). Within
18 months after the date of the enactment of
the Community Broadcasters Protection Act of
1999, the Commission shall identify by channel,
location, and applicable technical parameters
those 175 channels.
(7) No interference requirement.--The Commission may
not grant a class A license, nor approve a modification
of a class A license, unless the applicant or licensee
shows that the class A station for which the license or
modification is sought will not cause--
(A) interference within--
(i) the predicted Grade B contour (as
of the date of the enactment of the
Community Broadcasters Protection Act
of 1999, or November 1, 1999, whichever
is later, or as proposed in a change
application filed on or before such
date) of any television station
transmitting in analog format; or
(ii)(I) the digital television
service areas provided in the DTV Table
of Allotments; (II) the areas protected
in the Commission's digital television
regulations (47 CFR 73.622(e) and (f
)); (III) the digital television
service areas of stations subsequently
granted by the Commission prior to the
filing of a class A application; and
(IV) stations seeking to maximize power
under the Commission's rules, if such
station has complied with the
notification requirements in paragraph
(1)(D);
(B) interference within the protected contour
of any low-power television station or low-
power television translator station that--
(i) was licensed prior to the date on
which the application for a class A
license, or for the modification of
such a license, was filed;
(ii) was authorized by construction
permit prior to such date; or
(iii) had a pending application that
was submitted prior to such date; or
(C) interference within the protected contour
of 80 miles from the geographic center of the
areas listed in section 22.625(b)(1) or 90.303
of the Commission's regulations (47 CFR
22.625(b)(1) and 90.303) for frequencies in--
(i) the 470-512 megahertz band
identified in
section 22.621 or 90.303 of such
regulations; or
(ii) the 482-488 megahertz band in
New York.
(8) Priority for displaced low-power stations.--Low-
power stations that are displaced by an application
filed under this section shall have priority over other
low-power stations in the assignment of available
channels.
(g) Evaluation.--Within 10 years after the date the
Commission first issues additional licenses for advanced
television services, the Commission shall conduct an evaluation
of the advanced television services program. Such evaluation
shall include--
(1) an assessment of the willingness of consumers to
purchase the television receivers necessary to receive
broadcasts of advanced television services;
(2) an assessment of alternative uses, including
public safety use, of the frequencies used for such
broadcasts; and
(3) the extent to which the Commission has been or
will be able to reduce the amount of spectrum assigned
to licensees.
(h)(1) Within 60 days after receiving a request (made in such
form and manner and containing such information as the
Commission may require) under this subsection from a low-power
television station to which this subsection applies, the
Commission shall authorize the licensee or permittee of that
station to provide digital data service subject to the
requirements of this subsection as a pilot project to
demonstrate the feasibility of using low-power television
stations to provide high-speed wireless digital data service,
including Internet access to unserved areas.
(2) The low-power television stations to which this
subsection applies are as follows:
(A) KHLM-LP, Houston, Texas.
(B) WTAM-LP, Tampa, Florida.
(C) WWRJ-LP, Jacksonville, Florida.
(D) WVBG-LP, Albany, New York.
(E) KHHI-LP, Honolulu, Hawaii.
(F) KPHE-LP (K19DD), Phoenix, Arizona.
(G) K34FI, Bozeman, Montana.
(H) K65GZ, Bozeman, Montana.
(I) WXOB-LP, Richmond, Virginia.
(J) WIIW-LP, Nashville, Tennessee.
(K) A station and repeaters to be determined
by the Federal Communications Commission for
the sole purpose of providing service to
communities in the Kenai Peninsula Borough and
Matanuska Susitna Borough.
(L) WSPY-LP, Plano, Illinois.
(M) W24AJ, Aurora, Illinois.
(3) Notwithstanding any requirement of section 553 of
title 5, United States Code, the Commission shall
promulgate regulations establishing the procedures,
consistent with the requirements of paragraphs (4) and
(5), governing the pilot projects for the provision of
digital data services by certain low power television
licensees within 120 days after the date of enactment
of LPTV Digital Data Services Act. The regulations
shall set forth--
(A) requirements as to the form, manner, and
information required for submitting requests to
the Commission to provide digital data service
as a pilot project;
(B) procedures for testing interference to
digital television receivers caused by any
pilot project station or remote transmitter;
(C) procedures for terminating any pilot
project station or remote transmitter or both
that causes interference to any analog or
digital full-power television stations, class A
television station, television translators or
any other users of the core television band;
(D) specifications for reports to be filed
quarterly by each low power television licensee
participating in a pilot project;
(E) procedures by which a low power
television licensee participating in a pilot
project shall notify television broadcast
stations in the same market upon commencement
of digital data services and for ongoing
coordination with local broadcasters during the
test period; and
(F) procedures for the receipt and review of
interference complaints on an expedited basis
consistent with paragraph (5)(D).
(4) A low-power television station to which this
subsection applies may not provide digital data service
unless--
(A) the provision of that service, including
any remote return-path transmission in the case
of 2-way digital data service, does not cause
any interference in violation of the
Commission's existing rules, regarding
interference caused by low power television
stations to full-service analog or digital
television stations, class A television
stations, or television translator stations;
and
(B) the station complies with the
Commission's regulations governing safety,
environmental, and sound engineering practices,
and any other Commission regulation under
paragraph (3) governing pilot program
operations.
(5)(A) The Commission may limit the provision of
digital data service by a low-power television station
to which this subsection applies if the Commission
finds that--
(i) the provision of 2-way digital data
service by that station causes any interference
that cannot otherwise be remedied; or
(ii) the provision of 1-way digital data
service by that station causes any
interference.
(B) The Commission shall grant any such station, upon
application (made in such form and manner and
containing such information as the Commission may
require) by the licensee or permittee of that station,
authority to move the station to another location, to
modify its facilities to operate on a different
channel, or to use booster or auxiliary transmitting
locations, if the grant of authority will not cause
interference to the allowable or protected service
areas of full service digital television stations,
National Television Standards Committee assignments, or
television translator stations, and provided, however,
no such authority shall be granted unless it is
consistent with existing Commission regulations
relating to the movement, modification, and use of non-
class A low power television transmission facilities in
order--
(i) to operate within television channels 2
through 51, inclusive; or
(ii) to demonstrate the utility of low-power
television stations to provide high-speed 2-way
wireless digital data service.
(C) The Commission shall require quarterly reports
from each station authorized to provide digital data
services under this subsection that include--
(i) information on the station's experience
with interference complaints and the resolution
thereof;
(ii) information on the station's market
success in providing digital data service; and
(iii) such other information as the
Commission may require in order to administer
this subsection.
(D) The Commission shall resolve any complaints of
interference with television reception caused by any
station providing digital data service authorized under
this subsection within 60 days after the complaint is
received by the Commission.
(6) The Commission shall assess and collect from any
low-power television station authorized to provide
digital data service under this subsection an annual
fee or other schedule or method of payment comparable
to any fee imposed under the authority of this Act on
providers of similar services. Amounts received by the
Commission under this paragraph may be retained by the
Commission as an offsetting collection to the extent
necessary to cover the costs of developing and
implementing the pilot program authorized by this
subsection, and regulating and supervising the
provision of digital data service by low-power
television stations under this subsection. Amounts
received by the Commission under this paragraph in
excess of any amount retained under the preceding
sentence shall be deposited in the Treasury in
accordance with chapter 33 of title 31, United States
Code.
(7) In this subsection, the term ``digital data
service'' includes--
(A) digitally-based interactive broadcast
service; and
(B) wireless Internet access, without regard
to--
(i) whether such access is--
(I) provided on a one-way or
a two-way basis;
(II) portable or fixed; or
(III) connected to the
Internet via a band allocated
to Interactive Video and Data
Service; and
(ii) the technology employed in
delivering such service, including the
delivery of such service via multiple
transmitters at multiple locations.
(8) Nothing in this subsection limits the authority
of the Commission under any other provision of law.
(i) Definitions.--As used in this section:
(1) Advanced television services.--The term
``advanced television services'' means television
services provided using digital or other advanced
technology as further defined in the opinion, report,
and order of the Commission entitled ``Advanced
Television Systems and Their Impact Upon the Existing
Television Broadcast Service'', MM Docket 87-268,
adopted September 17, 1992, and successor proceedings.
(2) Designated frequencies.--The term ``designated
frequency'' means each of the frequencies designated by
the Commission for licenses for advanced television
services.
(3) High definition television.--The term ``high
definition television'' refers to systems that offer
approximately twice the vertical and horizontal
resolution of receivers generally available on the date
of enactment of the Telecommunications Act of 1996, as
further defined in the proceedings described in
paragraph (1) of this subsection.
* * * * * * *
SEC. 503. [47 U.S.C. 503] FORFEITURES IN CASES OF REBATES AND OFFSETS.
(a) Any person who shall deliver messages for interstate or
foreign transmission to any carrier, or for whom as sender or
receiver, any such carrier shall transmit any interstate or
foreign wire or radio communication, who shall knowingly by
employee, agent, officer, or otherwise, directly or indirectly,
by or through any means or device whatsoever, receive or accept
from such common carrier any sum of money or any other valuable
consideration as a rebate or offset against the regular charges
for transmission of such messages as fixed by the schedules of
charges provided for in this Act, shall in addition to any
other penalty provided by this Act forfeit to the United States
a sum of money three times the amount of money so received or
accepted and three times the value of any other consideration
so received or accepted, to be ascertained by the trial court;
and in the trial of said action all such rebates or other
considerations so received or accepted for a period of six
years prior to the commencement of the action, may be included
therein, and the amount recovered shall be three times the
total amount of money, or three times the total value of such
consideration, so received or accepted, or both, as the case
may be.
(b)(1) Any person who is determined by the Commission, in
accordance with paragraph (3) or (4) of this subsection, to
have--
(A) willfully or repeatedly failed to comply
substantially with the terms and conditions of any
license, permit, certificate, or other instrument or
authorization issued by the Commission;
(B) willfully or repeatedly failed to comply with any
of the provisions of this Act or of any rule,
regulation, or order issued by the Commission under
this Act or under any treaty, convention, or other
agreement to which the United States is a party and
which is binding upon the United States;
(C) violated any provision of section 317(c) or
508(a) of this Act; or
(D) violated any provision of section 1304, 1343, or
1464 of title 18, United States Code;
shall be liable to the United States for a forfeiture penalty.
A forfeiture penalty under this subsection shall be in addition
to any other penalty provided for by this Act; except that this
subsection shall not apply to any conduct which is subject to
forfeiture under title II, part II or III of title III, or
section 506 of this Act.
(2)(A) If the violator is (i) a broadcast station licensee or
permittee, (ii) a cable television [operator, or] operator or
any other multichannel video distributor, or (iii) an applicant
for any broadcast or cable television operator license, permit,
certificate, or other instrument or authorization issued by the
Commission, the amount of any forfeiture penalty determined
under this section shall not exceed [$25,000] $250,000 for each
violation or each day of a continuing violation, except that
the amount assessed for any continuing violation shall not
exceed a total of [$250,000] $2,500,000 for any single act or
failure to act described in paragraph (1) of this subsection.
(B) If the violator is a common carrier subject to the
provisions of this Act or an applicant for any common carrier
license, permit, certificate, or other instrument of
authorization issued by the Commission, the amount of any
forfeiture penalty determined under this subsection shall not
exceed [$100,000] $1,000,000 for each violation or each day of
a continuing violation, except that the amount assessed for any
continuing violation shall not exceed a total of [$1,000,000]
$10,000,000 for any single act or failure to act described in
paragraph (1) of this subsection.
(C) In any case not covered in subparagraph (A) or (B), the
amount of any forfeiture penalty determined under this
subsection shall not exceed [$10,000] $100,000 for each
violation or each day of a continuing violation, except that
the amount assessed for any continuing violation shall not
exceed a total of [$75,000] $750,000 for any single act or
failure to act described in paragraph (1) of this subsection.
(D) The amount of such forfeiture penalty shall be assessed
by the Commission, or its designee, by written notice. In
determining the amount of such a forfeiture penalty, the
Commission or its designee shall take into account the nature,
circumstances, extent, and gravity of the violation and, with
respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and such other matters as
justice may require.
(3)(A) At the discretion of the Commission, a forfeiture
penalty may be determined against a person under this
subsection after notice and an opportunity for a hearing before
the Commission or an administrative law judge thereof in
accordance with section 554 of title 5, United States Code. Any
person against whom a forfeiture penalty is determined under
this paragraph may obtain review thereof pursuant to section
402(a).
(B) If any person fails to pay an assessment of a forfeiture
penalty determined under subparagraph (A) of this paragraph,
after it has become a final and unappealable order or after the
appropriate court has entered final judgment in favor of the
Commission, the Commission shall refer the matter to the
Attorney General of the United States, who shall recover the
amount assessed in any appropriate district court of the United
States. In such action, the validity and appropriateness of the
final order imposing the forfeiture penalty shall not be
subject to review.
(4) Except as provided in paragraph (3) of this subsection,
no forfeiture penalty shall be imposed under this subsection
against any person unless and until--
(A) the Commission issues a notice of apparent
liability, in writing, with respect to such person;
(B) such notice has been received by such person, or
until the Commission has sent such notice to the last
known address of such person, by registered or
certified mail; and
(C) such person is granted an opportunity to show, in
writing, within such reasonable period of time as the
Commission prescribes by rule or regulation, why no
such forfeiture penalty should be imposed.
Such a notice shall (i) identify each specific provision, term,
and condition of any Act, rule, regulation, order, treaty,
convention, or other agreement, license, permit, certificate,
instrument, or authorization which such person apparently
violated or with which such person apparently failed to comply;
(ii) set forth the nature of the act or omission charged
against such person and the facts upon which such charge is
based; and (iii) state the date on which such conduct occurred.
Any forfeiture penalty determined under this paragraph shall be
recoverable pursuant to section 504(a) of this Act.
(5) No forfeiture liability shall be determined under this
subsection against any person, if such person does not hold a
license, permit, certificate, or other authorization issued by
the Commission, and if such person is not an applicant for a
license, permit, certificate, or other authorization issued by
the Commission, unless, prior to the notice required by
paragraph (3) of this subsection or the notice of apparent
liability required by paragraph (4) of this subsection, such
person (A) is sent a citation of the violation charged; (B) is
given a reasonable opportunity for a personal interview with an
official of the Commission, at the field office of the
Commission which is nearest to such person's place of
residence; and (C) subsequently engages in conduct of the type
described in such citation. The provisions of this paragraph
shall not apply, however, if the person involved is engaging in
activities for which a license, permit, certificate, or other
authorization is required, or is a cable television system
operator, if the person involved is transmitting on frequencies
assigned for use in a service in which individual station
operation is authorized by rule pursuant to section 307(e), or
in the case of violations of section 303(q), if the person
involved is a nonlicensee tower owner who has previously
received notice of the obligations imposed by section 303(q)
from the Commission or the permittee or licensee who uses that
tower. Whenever the requirements of this paragraph are
satisfied with respect to a paricular person, such person shall
not be entitled to receive any additional citation of the
violation charged, with respect to any conduct of the type
described in the citation sent under this paragraph.
(6) No forfeiture penalty shall be determined or imposed
against any person under this subsection if--
(A) such person holds a broadcast station license
issued under title III of this Act and if the violation
charged occurred--
(i) more than [1 year] 2 years prior to the
date of issuance of the required notice or
notice of apparent liability; or
(ii) prior to the date of commencement of the
current term of such license,
whichever is earlier; or
(B) such person does not hold a broadcast station
license issued under title III of this Act and if the
violation charged occurred more than [1 year] 2 years
prior to the date of issuance of the required notice or
notice of apparent liability.
For purposes of this paragraph, ``date of commencement of the
current term of such license'' means the date of commencement
of the last term of license for which the licensee has been
granted a license by the Commission. A separate license term
shall not be deemed to have commenced as a result of continuing
a license in effect under section 307(c) pending decision on an
application for renewal of the license.
(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. 510. [47 U.S.C. 510] FORFEITURE OF COMMUNICATIONS DEVICES.
(a) Any electronic, electromagnetic, radio frequency, or
similar device, or component thereof, used, sent, carried,
manufactured, assembled, possessed, offered for sale, sold, or
advertised with willful and knowing intent to violate section
301 or 302, and any equipment used to create malicious
interference in violation of section 333, or rules prescribed
by the Commission under such sections, may be seized and
forfeited to the United States.
(b) Any property subject to forfeiture to the United States
under this section may be seized by the Attorney General of the
United States upon process issued pursuant to the supplemental
rules for certain admiralty and maritime claims by any district
court of the United States having jurisdiction over the
property, except that seizure without such process may be made
if the seizure is incident to a lawful arrest or search.
(c) All provisions of law relating to--
(1) the seizure, summary and judicial forfeiture, and
condemnation of property for violation of the customs
laws;
(2) the disposition of such property or the proceeds
from the sale thereof;
(3) the remission or mitigation of such forfeitures;
and
(4) the compromise of claims with respect to such
forfeitures;
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under the provisions of this section,
insofar as applicable and not inconsistent with the provisions
of this section, except that such seizures and forfeitures
shall be limited to the communications device, devices, or
components thereof.
(d) Whenever property is forfeited under this section, the
Attorney General of the United States may forward it to the
Commission or sell any forfeited property which is not harmful
to the public. The proceeds from any such sale shall be
deposited in the general fund of the Treasury of the United
States.
* * * * * * *
TELECOMMUNICATIONS ACT OF 1996
SEC. 202. BROADCAST OWNERSHIP.
(a) National Radio Station Ownership Rule Changes Required.--
The Commission shall modify section 73.3555 of its regulations
(47 C.F.R. 73.3555) by eliminating any provisions limiting the
number of AM or FM broadcast stations which may be owned or
controlled by one entity nationally.
(b) Local Radio Diversity.--
(1) Applicable caps.--The Commission shall revise
section 73.3555(a) of its regulations (47 C.F.R.
73.3555) to provide that--
(A) in a radio market with 45 or more
commercial radio stations, a party may own,
operate, or control up to 8 commercial radio
stations, not more than 5 of which are in the
same service (AM or FM);
(B) in a radio market with between 30 and 44
(inclusive) commercial radio stations, a party
may own, operate, or control up to 7 commercial
radio stations, not more than 4 of which are in
the same service (AM or FM);
(C) in a radio market with between 15 and 29
(inclusive) commercial radio stations, a party
may own, operate, or control up to 6 commercial
radio stations, not more than 4 of which are in
the same service (AM or FM); and
(D) in a radio market with 14 or fewer
commercial radio stations, a party may own,
operate, or control up to 5 commercial radio
stations, not more than 3 of which are in the
same service (AM or FM), except that a party
may not own, operate, or control more than 50
percent of the stations in such market.
(2) Exception.--Notwithstanding any limitation
authorized by this subsection, the Commission may
permit a person or entity to own, operate, or control,
or have a cognizable interest in, radio broadcast
stations if the Commission determines that such
ownership, operation, control, or interest will] result
in an increase in the number of radio broadcast
stations in operation.
(c) Television Ownership Limitations.--
(1) National ownership limitations.--The Commission
shall modify its rules for multiple ownership set forth
in section 73.3555 of its regulations (47 C.F.R.
73.3555)--
(A) by eliminating the restrictions on the
number of television stations that a person or
entity may directly or indirectly own, operate,
or control, or have a cognizable interest in,
nationwide; and
(B) by increasing the national audience reach
limitation for television stations to 35
percent.
(2) Local ownership limitations.--The Commission
shall conduct a rulemaking proceeding to determine
whether to retain, modify, or eliminate its limitations
on the number of television stations that a person or
entity may own, operate, or control, or have a
cognizable interest in, within the same television
market.
(d) Relaxation of One-To-A-Market.--With respect to its
enforcement of its one-to-a-market ownership rules under
section 73.3555 of its regulations, the Commission shall extend
its waiver policy to any of the top 50 markets, consistent with
the public interest, convenience, and necessity.
(e) Dual Network Changes.--The Commission shall revise
section 73.658(g) of its regulations (47 C.F.R. 658(g)) to
permit a television broadcast station to affiliate with a
person or entity that maintains 2 or more networks of
television broadcast stations unless such dual or multiple
networks are composed of--
(1) two or more persons or entities that, on the date
of enactment of the Telecommunications Act of 1996, are
``networks'' as defined in section 73.3613(a)(1) of the
Commission's regulations (47 C.F.R. 73.3613(a)(1)); or
(2) any network described in paragraph (1) and an
English-language program distribution service that, on
such date, provides 4 or more hours of programming per
week on a national basis pursuant to network
affiliation arrangements with local television
broadcast stations in markets reaching more than 75
percent of television homes (as measured by a national
ratings service).
(f) Cable Cross Ownership.--
(1) Elimination of restrictions.--The Commission
shall revise section 76.501 of its regulations (47
C.F.R. 76.501) to permit a person or entity to own or
control a network of broadcast stations and a cable
system.
(2) Safeguards against discrimination.--The
Commission shall revise such regulations if necessary
to ensure carriage, channel positioning, and
nondiscriminatory treatment of nonaffiliated broadcast
stations by a cable system described in paragraph (1).
(g) Local Marketing Agreements.--Nothing in this section
shall be construed to prohibit the origination, continuation,
or renewal of any television local marketing agreement that is
in compliance with the regulations of the Commission.
[(h) Further Commission Review.--The Commission shall review
its rules adopted pursuant to this section and all of its
ownership rules biennially as part of its regulatory reform
review under section 11 of the Communications Act of 1934 and
shall] determine whether any of such rules are necessary in the
public interest as the result of competition. The Commission
shall repeal or modify any regulation it determines to be no
longer in the public interest.]
(h) Further Commission Review.--
(1) In general.--The Commission shall review its
rules adopted pursuant to this section, and all of its
ownership rules 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.
(i) Elimination of Statutory Restriction.--Section 613(a) (47
U.S.C. 533(a)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as subsection (a);
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(4) by striking ``and'' at the end of paragraph (1)
(as so redesignated);
(5) by striking the period at the end of paragraph
(2) (as so redesignated) and inserting ``; and''; and
(6) by adding at the end the following new paragraph:
``(3) shall not apply the requirements of this
subsection to any cable operator in any franchise area
in which a cable operator is subject to effective
competition as determined under section 623(l).''.