- TXT
-
PDF
(PDF provides a complete and accurate display of this text.)
Tip
?
115th Congress } { Rept. 115-587
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
REPACK AIRWAVES YIELDING BETTER ACCESS FOR USERS OF MODERN SERVICES ACT
OF 2018
_______
March 6, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Walden, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 4986]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 4986) to amend the Communications Act of 1934 to
reauthorize appropriations for the Federal Communications
Commission, to provide for certain procedural changes to the
rules of the Commission to maximize opportunities for public
participation and efficient decisionmaking, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 21
Background and Need for Legislation.............................. 21
Committee Action................................................. 22
Committee Votes.................................................. 22
Oversight Findings and Recommendations........................... 22
New Budget Authority, Entitlement Authority, and Tax Expenditures 22
Congressional Budget Office Estimate............................. 22
Federal Mandates Statement....................................... 23
Statement of General Performance Goals and Objectives............ 23
Duplication of Federal Programs.................................. 23
Committee Cost Estimate.......................................... 23
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 23
Disclosure of Directed Rule Makings.............................. 23
Advisory Committee Statement..................................... 24
Applicability to Legislative Branch.............................. 24
Section-by-Section Analysis of the Legislation................... 24
Changes in Existing Law Made by the Bill, as Reported............ 34
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Repack Airwaves
Yielding Better Access for Users of Modern Services Act of 2018'' or
the ``RAY BAUM'S Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Commission defined.
TITLE I--FCC REAUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Application and regulatory fees.
Sec. 103. Effective date.
TITLE II--FCC PROCESS REFORM
Sec. 201. FCC process reform.
Sec. 202. Categorization of TCPA inquiries and complaints in quarterly
report.
Sec. 203. Effect on other laws.
Sec. 204. Application of Antideficiency Act to Universal Service
Program.
Sec. 205. Report on improving small business participation in FCC
proceedings.
Sec. 206. Timely availability of items adopted by vote of the
Commission.
TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS
Sec. 301. Study on network resiliency.
Sec. 302. Access to essential service providers during federally
declared emergencies.
Sec. 303. Definitions.
TITLE IV--FCC CONSOLIDATED REPORTING
Sec. 401. Communications marketplace report.
Sec. 402. Consolidation of redundant reports; conforming amendments.
Sec. 403. Effect on authority.
Sec. 404. Other reports.
TITLE V--ADDITIONAL PROVISIONS
Sec. 501. Independent Inspector General for FCC.
Sec. 502. Authority of Chief Information Officer.
Sec. 503. Spoofing prevention.
Sec. 504. Report on promoting broadband Internet access service for
veterans.
Sec. 505. Methodology for collection of mobile service coverage data.
Sec. 506. Accuracy of dispatchable location for 9-1-1 calls.
Sec. 507. NTIA study on interagency process following cybersecurity
incidents.
Sec. 508. Tribal digital access.
TITLE VI--VIEWER PROTECTION
Sec. 601. Reserve source for payment of TV broadcaster relocation costs.
Sec. 602. Payment of relocation costs of television translator stations
and low power television stations.
Sec. 603. Payment of relocation costs of FM broadcast stations.
Sec. 604. Consumer education payment.
Sec. 605. Implementation and enforcement.
Sec. 606. Rule of construction.
``SEC. 2. COMMISSION DEFINED.
In this Act, the term ``Commission'' means the Federal Communications
Commission.
TITLE I--FCC REAUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 6 of the Communications Act of 1934 (47
U.S.C. 156) is amended to read as follows:
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to the
Commission to carry out the functions of the Commission $322,035,000
for each of the fiscal years 2019 and 2020.
``(b) Offsetting Collections.--
``(1) In general.--The sum appropriated in any fiscal year to
carry out the activities described in subsection (a), to the
extent and in the amounts provided for in advance in
Appropriations Acts, shall be derived from fees authorized by
section 9.
``(2) Deposit of collections.--Amounts received from fees
authorized by section 9 shall be deposited as an offsetting
collection in, and credited to, the account through which funds
are made available to carry out the activities described in
subsection (a).
``(3) Deposit of excess collections.--Any fees collected in
excess of the total amount of fees provided for in
Appropriations Acts for a fiscal year shall be deposited in the
general fund of the Treasury of the United States for the sole
purpose of deficit reduction.''.
(b) Deposits of Bidders to Be Deposited in Treasury.--Section
309(j)(8)(C) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(C))
is amended--
(1) in the first sentence, by striking ``an interest bearing
account'' and all that follows and inserting ``the Treasury.'';
(2) in clause (i)--
(A) by striking ``paid to the Treasury'' and
inserting ``deposited in the general fund of the
Treasury (where such deposits shall be used for the
sole purpose of deficit reduction)''; and
(B) by striking the semicolon and inserting ``;
and'';
(3) in clause (ii), by striking ``; and'' and inserting ``,
and payments representing the return of such deposits shall not
be subject to administrative offset under section 3716(c) of
title 31, United States Code.''; and
(4) by striking clause (iii).
(c) Elimination of Duplicative Authorization of Appropriations.--
(1) In general.--Section 710 of the Telecommunications Act of
1996 (Public Law 104-104) is repealed.
(2) Conforming amendment.--The table of contents in section 2
of such Act is amended by striking the item relating to section
710.
(d) Transfer of Funds.--On the effective date described in section
103, any amounts in the account providing appropriations to carry out
the functions of the Commission that were collected in excess of the
amounts provided for in Appropriations Acts in any fiscal year prior to
such date shall be transferred to the general fund of the Treasury of
the United States for the sole purpose of deficit reduction.
SEC. 102. APPLICATION AND REGULATORY FEES.
(a) In General.--Section 9 of the Communications Act of 1934 (47
U.S.C. 159) is amended to read as follows:
``SEC. 9. APPLICATION AND REGULATORY FEES.
``(a) General Authority.--The Commission shall assess and collect
application fees and regulatory fees to recover the costs of carrying
out the activities described in section 6(a) only to the extent and in
the amounts provided for in advance in Appropriations Acts.
``(b) Application Fees.--
``(1) In general.--The Commission shall assess and collect
application fees at such rates as the Commission shall
establish in a schedule of application fees to recover the
costs of the Commission to process applications.
``(2) Adjustment of schedule.--
``(A) In general.--In every even-numbered year, the
Commission shall review the schedule of application
fees established under this subsection and, except as
provided in subparagraph (B), set a new amount for each
fee in the schedule that is equal to the amount of the
fee on the date when the fee was established or the
date when the fee was last amended under paragraph (3),
whichever is later--
``(i) increased or decreased by the
percentage change in the Consumer Price Index
during the period beginning on such date and
ending on the date of the review; and
``(ii) rounded to the nearest $5 increment.
``(B) Threshold for adjustment.--The Commission may
not adjust a fee under subparagraph (A) if--
``(i) in the case of a fee the current amount
of which is less than $200, the adjustment
would result in a change in the current amount
of less than $10; or
``(ii) in the case of a fee the current
amount of which is $200 or more, the adjustment
would result in a change in the current amount
of less than 5 percent.
``(C) Current amount defined.--In subparagraph (B),
the term `current amount' means, with respect to a fee,
the amount of the fee on the date when the fee was
established, the date when the fee was last adjusted
under subparagraph (A), or the date when the fee was
last amended under paragraph (3), whichever is latest.
``(3) Amendments.--In addition to the adjustments required by
paragraph (2), the Commission shall by rule amend the schedule
of application fees established under this subsection if the
Commission determines that the schedule requires amendment so
that such fees reflect increases or decreases in the costs of
processing applications at the Commission and the consolidation
or addition of new categories of applications.
``(c) Regulatory Fees.--
``(1) In general.--The Commission shall assess and collect
regulatory fees at such rates as the Commission shall establish
in a schedule of regulatory fees that will result in the
collection, in each fiscal year, of an amount that can
reasonably be expected to equal the difference between--
``(A) the amounts described in subsection (a) with
respect to such fiscal year; and
``(B) the amount of application fees reasonably
expected to be collected in such fiscal year.
``(2) Adjustment of schedule.--
``(A) In general.--For each fiscal year, the
Commission shall by rule adjust the schedule of
regulatory fees established under this subsection to--
``(i) reflect unexpected increases or
decreases in the number of units subject to the
payment of such fees; and
``(ii) result in the collection of the amount
required by paragraph (1).
``(B) Rounding.--In making adjustments under this
paragraph, the Commission may round fees to the nearest
$5 increment.
``(3) Amendments.--In addition to the adjustments required by
paragraph (2), the Commission shall by rule amend the schedule
of regulatory fees established under this subsection if the
Commission determines that the schedule requires amendment so
that such fees reflect the full-time equivalent number of
employees within the bureaus and offices of the Commission,
adjusted to take into account factors that are reasonably
related to the benefits provided to the payor of the fee by the
Commission's activities. In making an amendment under this
paragraph, the Commission may not change the total amount of
regulatory fees required by paragraph (1) to be collected in a
fiscal year.
``(d) Judicial Review Prohibited.--An adjustment or amendment to a
schedule of fees under subsection (b) or (c) is not subject to judicial
review.
``(e) Notice to Congress.--The Commission shall transmit to Congress
notification--
``(1) of any adjustment under subsection (b)(2) or (c)(2)
immediately upon the adoption of such adjustment; and
``(2) of any amendment under subsection (b)(3) or (c)(3) not
later than 90 days before the effective date of such amendment.
``(f) Enforcement.--
``(1) Penalties for late payment.--The Commission shall by
rule prescribe a penalty for late payment of fees under this
section. Such penalty shall be 25 percent of the amount of the
fee that was not paid in a timely manner.
``(2) Interest on unpaid fees and penalties.--The Commission
shall charge interest, at a rate determined under section 3717
of title 31, United States Code, on a fee or penalty under this
section that is not paid in a timely manner. Such section 3717
shall not otherwise apply with respect to a fee or penalty
under this section.
``(3) Dismissal of applications or filings.--The Commission
may dismiss any application or other filing for failure to pay
in a timely manner any fee, interest, or penalty under this
section.
``(4) Revocations.--
``(A) In general.--In addition to or in lieu of the
penalties and dismissals authorized by paragraphs (1)
and (3), the Commission may revoke any instrument of
authorization held by any licensee that has not paid in
a timely manner a regulatory fee assessed under this
section or any related interest or penalty.
``(B) Notice.--Revocation action may be taken by the
Commission under this paragraph after notice of the
Commission's intent to take such action is sent to the
licensee by registered mail, return receipt requested,
at the licensee's last known address. The notice shall
provide the licensee at least 30 days to either pay the
fee, interest, and any penalty or show cause why the
fee, interest, or penalty does not apply to the
licensee or should otherwise be waived or payment
deferred.
``(C) Hearing.--
``(i) Generally not required.--A hearing is
not required under this paragraph unless the
licensee's response presents a substantial and
material question of fact.
``(ii) Evidence and burdens.--In any case
where a hearing is conducted under this
paragraph, the hearing shall be based on
written evidence only, and the burden of
proceeding with the introduction of evidence
and the burden of proof shall be on the
licensee.
``(iii) Costs.--Unless the licensee
substantially prevails in the hearing, the
Commission may assess the licensee for the
costs of such hearing.
``(D) Opportunity to pay prior to revocation.--Any
Commission order adopted under this paragraph shall
determine the amount due, if any, and provide the
licensee with at least 30 days to pay that amount or
have its authorization revoked.
``(E) Finality.--No order of revocation under this
paragraph shall become final until the licensee has
exhausted its right to judicial review of such order
under section 402(b)(5).
``(g) Waiver, Reduction, and Deferment.--The Commission may waive,
reduce, or defer payment of a fee, interest charge, or penalty in any
specific instance for good cause shown, if such action would promote
the public interest.
``(h) Payment Rules.--The Commission shall by rule permit payment--
``(1) in the case of fees in large amounts, by installments;
and
``(2) in the case of fees in small amounts, in advance for a
number of years not to exceed the term of the license held by
the payor.
``(i) Exceptions.--
``(1) Parties to which fees are not applicable.--
``(A) Application fees.--The application fees
established under this section shall not be applicable
to--
``(i) a governmental entity;
``(ii) a nonprofit entity licensed in the
Local Government, Police, Fire, Highway
Maintenance, Forestry-Conservation, Public
Safety, or Special Emergency Radio service; or
``(iii) a noncommercial radio station or
noncommercial television station.
``(B) Regulatory fees.--The regulatory fees
established under this section shall not be applicable
to--
``(i) a governmental entity or nonprofit
entity;
``(ii) an amateur radio operator licensee
under part 97 of the Commission's rules (47
C.F.R. part 97); or
``(iii) a noncommercial radio station or
noncommercial television station.
``(2) Cost of collection.--
``(A) Application fees.--If, in the judgment of the
Commission, the cost of collecting an application fee
established under this section would exceed the amount
collected, the Commission may by rule eliminate such
fee.
``(B) Regulatory fees.--If, in the judgment of the
Commission, the cost of collecting a regulatory fee
established under this section from a party would
exceed the amount collected from such party, the
Commission may exempt such party from paying such fee.
``(j) Accounting System.--The Commission shall develop accounting
systems necessary to make the amendments authorized by subsections
(b)(3) and (c)(3).''.
(b) Conforming Amendments.--The Communications Act of 1934 (47 U.S.C.
151 et seq.) is amended--
(1) by repealing section 8; and
(2) in section 309(j)(6)(H), by striking ``charges imposed
pursuant to section 8 of this Act'' and inserting ``application
fees assessed under section 9''.
(c) Transitional Rules.--
(1) Application fees.--An application fee established under
section 8 of the Communications Act of 1934, as such section is
in effect on the day before the effective date described in
section 103 of this Act, shall remain in effect under
subsection (b) of section 9 of the Communications Act of 1934,
as amended by subsection (a) of this section, until such time
as the Commission adjusts or amends such fee under subsection
(b)(2) or (b)(3) of such section 9, as so amended.
(2) Regulatory fees.--A regulatory fee established under
section 9 of the Communications Act of 1934, as such section is
in effect on the day before the effective date described in
section 103 of this Act, shall remain in effect under
subsection (c) of section 9 of the Communications Act of 1934,
as amended by subsection (a) of this section, until such time
as the Commission adjusts or amends such fee under subsection
(c)(2) or (c)(3) of such section 9, as so amended.
(d) Rulemaking to Amend Schedule of Regulatory Fees.--
(1) In general.--Not later than 1 year after the effective
date described in section 103, the Commission shall complete a
rulemaking proceeding under subsection (c)(3) of section 9 of
the Communications Act of 1934, as amended by subsection (a) of
this section.
(2) Report to congress.--If the Commission has not completed
the rulemaking proceeding required by paragraph (1) by the date
that is 6 months after the effective date described in section
103, the Commission shall submit to Congress a report on the
progress of such rulemaking proceeding.
SEC. 103. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect on
October 1, 2018.
TITLE II--FCC PROCESS REFORM
SEC. 201. FCC PROCESS REFORM.
(a) In General.--Title I of the Communications Act of 1934 (47 U.S.C.
151 et seq.) is amended by adding at the end the following:
``SEC. 13. TRANSPARENCY AND EFFICIENCY.
``(a) Initial Rulemaking and Inquiry.--
``(1) Rulemaking.--Not later than 1 year after the date of
the enactment of this section, the Commission shall complete a
rulemaking proceeding and adopt procedural changes to its rules
to maximize opportunities for public participation and
efficient decisionmaking.
``(2) Requirements for rulemaking.--The rules adopted under
paragraph (1) shall--
``(A) set minimum comment periods for comment and
reply comment, subject to a determination by the
Commission that good cause exists for departing from
such minimum comment periods, for--
``(i) significant regulatory actions, as
defined in Executive Order No. 12866; and
``(ii) all other rulemaking proceedings;
``(B) establish policies concerning the submission of
extensive new comments, data, or reports towards the
end of the comment period in the proceedings described
in clauses (i) and (ii) of subparagraph (A);
``(C) establish policies regarding treatment of
comments, ex parte communications, and data or reports
(including statistical reports and reports to Congress)
submitted after the comment period in the proceedings
described in clauses (i) and (ii) of subparagraph (A)
to ensure that the public has adequate notice of and
opportunity to respond to such submissions before the
Commission relies on such submissions in any order,
decision, report, or action;
``(D) establish procedures for, not later than 14
days after the end of each quarter of a calendar year
(or more frequently, as the Commission considers
appropriate), publishing on the Internet website of the
Commission and submitting to Congress a report that
contains--
``(i) the status of open rulemaking
proceedings and proposed orders, decisions,
reports, or actions on circulation for review
by the Commissioners, including which
Commissioners have not cast a vote on an order,
decision, report, or action that has been on
circulation for more than 60 days;
``(ii) for the petitions, applications,
complaints, and other requests for action by
the Commission that were pending at the
Commission on the last day of such quarter (or
more frequent period, as the case may be)--
``(I) the number of such requests,
broken down by the bureau primarily
responsible for action and, for each
bureau, the type of request (such as a
petition, application, or complaint);
and
``(II) information regarding the
amount of time for which such requests
have been pending, broken down as
described in subclause (I); and
``(iii) a list of the congressional
investigations of the Commission that were
pending on the last day of such quarter (or
more frequent period, as the case may be) and
the cost of such investigations, individually
and in the aggregate;
``(E) establish deadlines (relative to the date of
filing) for--
``(i) in the case of a petition for a
declaratory ruling under section 1.2 of title
47, Code of Federal Regulations, issuing a
public notice of such petition;
``(ii) in the case of a petition for
rulemaking under section 1.401 of such title,
issuing a public notice of such petition; and
``(iii) in the case of a petition for
reconsideration under section 1.106 or 1.429 of
such title or an application for review under
section 1.115 of such title, issuing a public
notice of a decision on the petition or
application by the Commission or under
delegated authority (as the case may be);
``(F) establish guidelines (relative to the date of
filing) for the disposition of petitions filed under
section 1.2 of such title;
``(G) establish procedures for the inclusion of the
specific language of the proposed rule or the proposed
amendment of an existing rule in a notice of proposed
rulemaking; and
``(H) require notices of proposed rulemaking and
orders adopting a rule or amending an existing rule
that--
``(i) create (or propose to create) a program
activity to contain performance measures for
evaluating the effectiveness of the program
activity; and
``(ii) substantially change (or propose to
substantially change) a program activity to
contain--
``(I) performance measures for
evaluating the effectiveness of the
program activity as changed (or
proposed to be changed); or
``(II) a finding that existing
performance measures will effectively
evaluate the program activity as
changed (or proposed to be changed).
``(3) Inquiry.--Not later than 1 year after the date of the
enactment of this section, the Commission shall complete an
inquiry to seek public comment on whether and how the
Commission should--
``(A) establish procedures for allowing a bipartisan
majority of Commissioners to place an order, decision,
report, or action on the agenda of an open meeting;
``(B) establish procedures for informing all
Commissioners of a reasonable number of options
available to the Commission for resolving a petition,
complaint, application, rulemaking, or other
proceeding;
``(C) establish procedures for ensuring that all
Commissioners have adequate time, prior to being
required to decide a petition, complaint, application,
rulemaking, or other proceeding (including at a meeting
held pursuant to section 5(d)), to review the proposed
Commission decision document, including the specific
language of any proposed rule or any proposed amendment
of an existing rule;
``(D) establish procedures for publishing the text of
agenda items to be voted on at an open meeting in
advance of such meeting so that the public has the
opportunity to read the text before a vote is taken;
``(E) establish deadlines (relative to the date of
filing) for disposition of applications for a license
under section 1.913 of title 47, Code of Federal
Regulations;
``(F) assign resources needed in order to meet the
deadlines described in subparagraph (E), including
whether the Commission's ability to meet such deadlines
would be enhanced by assessing a fee from applicants
for such a license; and
``(G) except as otherwise provided in section 4(o),
publish each order, decision, report, or action not
later than 30 days after the date of the adoption of
such order, decision, report, or action.
``(4) Data for performance measures.--The Commission shall
develop a performance measure or proposed performance measure
required by this subsection to rely, where possible, on data
already collected by the Commission.
``(5) GAO audit.--Not less frequently than every 6 months,
the Comptroller General of the United States shall audit the
cost estimates provided by the Commission under paragraph
(2)(D)(iii) during the preceding 6-month period.
``(b) Periodic Review.--On the date that is 5 years after the
completion of the rulemaking proceeding under subsection (a)(1), and
every 5 years thereafter, the Commission shall initiate a new
rulemaking proceeding to continue to consider such procedural changes
to its rules as may be in the public interest to maximize opportunities
for public participation and efficient decisionmaking.
``(c) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b of title 5,
United States Code, a bipartisan majority of Commissioners may
hold a meeting that is closed to the public to discuss official
business if--
``(A) a vote or any other agency action is not taken
at such meeting;
``(B) each person present at such meeting is a
Commissioner, an employee of the Commission, a member
of a joint board or conference established under
section 410, or a person on the staff of such a joint
board or conference or of a member of such a joint
board or conference; and
``(C) an attorney from the Office of General Counsel
of the Commission is present at such meeting.
``(2) Disclosure of nonpublic collaborative discussions.--Not
later than 2 business days after the conclusion of a meeting
held under paragraph (1), the Commission shall publish a
disclosure of such meeting, including--
``(A) a list of the persons who attended such
meeting; and
``(B) a summary of the matters discussed at such
meeting, except for such matters as the Commission
determines may be withheld under section 552b(c) of
title 5, United States Code.
``(3) Preservation of open meetings requirements for agency
action.--Nothing in this subsection shall limit the
applicability of section 552b of title 5, United States Code,
with respect to a meeting of Commissioners other than that
described in paragraph (1).
``(d) Access to Certain Information on Commission's Website.--The
Commission shall provide direct access from the homepage of its website
to--
``(1) detailed information regarding--
``(A) the budget of the Commission for the current
fiscal year;
``(B) the appropriations for the Commission for such
fiscal year; and
``(C) the total number of full-time equivalent
employees of the Commission; and
``(2) the performance plan most recently made available by
the Commission under section 1115(b) of title 31, United States
Code.
``(e) Internet Publication of Certain FCC Policies and Procedures.--
The chairman of the Commission shall--
``(1) publish on the Internet website of the Commission any
policies or procedures of the Commission that--
``(A) are established by the chairman; and
``(B) relate to the functioning of the Commission or
the handling of the agenda of the Commission; and
``(2) update such publication not later than 48 hours after
the chairman makes changes to any such policies or procedures.
``(f) Federal Register Publication.--
``(1) In general.--In the case of any document adopted by the
Commission that the Commission is required, under any provision
of law, to publish in the Federal Register, the Commission
shall, not later than the date described in paragraph (2),
complete all Commission actions necessary for such document to
be so published.
``(2) Date described.--The date described in this paragraph
is the earlier of--
``(A) the day that is 45 days after the date of the
release of the document; or
``(B) the day by which such actions must be completed
to comply with any deadline under any other provision
of law.
``(3) No effect on deadlines for publication in other form.--
In the case of a deadline that does not specify that the form
of publication is publication in the Federal Register, the
Commission may comply with such deadline by publishing the
document in another form. Such other form of publication does
not relieve the Commission of any Federal Register publication
requirement applicable to such document, including the
requirement of paragraph (1).
``(g) Consumer Complaint Database.--
``(1) In general.--In evaluating and processing consumer
complaints, the Commission shall present information about such
complaints in a publicly available, searchable database on its
website that--
``(A) facilitates easy use by consumers; and
``(B) to the extent practicable, is sortable and
accessible by--
``(i) the date of the filing of the
complaint;
``(ii) the topic of the complaint;
``(iii) the party complained of; and
``(iv) other elements that the Commission
considers in the public interest.
``(2) Duplicative complaints.--In the case of multiple
complaints arising from the same alleged misconduct, the
Commission shall be required to include only information
concerning one such complaint in the database described in
paragraph (1) and shall take any other steps the Commission
finds prudent to avoid publishing inaccurate or misleading
data.
``(h) Form of Publication.--
``(1) In general.--In complying with a requirement of this
section to publish a document, the Commission shall publish
such document on its website, in addition to publishing such
document in any other form that the Commission is required to
use or is permitted to and chooses to use.
``(2) Exception.--The Commission shall by rule establish
procedures for redacting documents required to be published by
this section so that the published versions of such documents
do not contain--
``(A) information the publication of which would be
detrimental to national security, homeland security,
law enforcement, or public safety; or
``(B) information that is proprietary or
confidential.
``(i) Transparency Relating to Performance in Meeting FOIA
Requirements.--The Commission shall take additional steps to inform the
public about its performance and efficiency in meeting the disclosure
and other requirements of section 552 of title 5, United States Code
(commonly referred to as the Freedom of Information Act), including by
doing the following:
``(1) Publishing on the Commission's website the Commission's
logs for tracking, responding to, and managing requests
submitted under such section, including the Commission's fee
estimates, fee categories, and fee request determinations.
``(2) Releasing to the public all decisions made by the
Commission (including decisions made by the Commission's
Bureaus and Offices) granting or denying requests filed under
such section, including any such decisions pertaining to the
estimate and application of fees assessed under such section.
``(3) Publishing on the Commission's website electronic
copies of documents released under such section.
``(4) Presenting information about the Commission's handling
of requests under such section in the Commission's annual
budget estimates submitted to Congress and the Commission's
annual performance and financial reports. Such information
shall include the number of requests under such section the
Commission received in the most recent fiscal year, the number
of such requests granted and denied, a comparison of the
Commission's processing of such requests over at least the
previous 3 fiscal years, and a comparison of the Commission's
results with the most recent average for the United States
Government as published on www.foia.gov.
``(j) Prompt Release of Statistical Reports and Reports to
Congress.--Not later than January 15th of each year, the Commission
shall identify, catalog, and publish an anticipated release schedule
for all statistical reports and reports to Congress that are regularly
or intermittently released by the Commission and will be released
during such year.
``(k) Annual Scorecard Reports.--
``(1) In general.--For the 1-year period beginning on January
1st of each year, the Commission shall prepare a report on the
performance of the Commission in conducting its proceedings and
meeting the deadlines established under subsection (a)(2)(E)
and the guidelines established under subsection (a)(2)(F).
``(2) Contents.--Each report required by paragraph (1) shall
contain detailed statistics on such performance, including,
with respect to each Bureau of the Commission--
``(A) with respect to each type of filing specified
in subsection (a)(2)(E) or (a)(2)(F)--
``(i) the number of filings that were pending
on the last day of the period covered by such
report;
``(ii) the number of filings described in
clause (i) for which each applicable deadline
or guideline established under such subsection
was not met and the average length of time such
filings have been pending; and
``(iii) for filings that were resolved during
such period, the average time between
initiation and resolution and the percentage
for which each applicable deadline or guideline
established under such subsection was met;
``(B) with respect to proceedings before an
administrative law judge--
``(i) the number of such proceedings
completed during such period; and
``(ii) the number of such proceedings pending
on the last day of such period; and
``(C) the number of independent studies or analyses
published by the Commission during such period.
``(3) Publication and submission.--The Commission shall
publish and submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate each report required
by paragraph (1) not later than the date that is 30 days after
the last day of the period covered by such report.
``(l) Definitions.--In this section:
``(1) Amendment.--The term `amendment' includes, when used
with respect to an existing rule, the deletion of such rule.
``(2) Bipartisan majority.--The term `bipartisan majority'
means, when used with respect to a group of Commissioners, that
such group--
``(A) is a group of three or more Commissioners; and
``(B) includes, for each political party of which any
Commissioner is a member, at least one Commissioner who
is a member of such political party, and, if any
Commissioner has no political party affiliation, at
least one unaffiliated Commissioner.
``(3) Performance measure.--The term `performance measure'
means an objective and quantifiable outcome measure or output
measure (as such terms are defined in section 1115 of title 31,
United States Code).
``(4) Program activity.--The term `program activity' has the
meaning given such term in section 1115 of title 31, United
States Code, except that such term also includes any annual
collection or distribution or related series of collections or
distributions by the Commission of an amount that is greater
than or equal to $100,000,000.
``(5) Other definitions.--The terms `agency action', `ex
parte communication', and `rule' have the meanings given such
terms in section 551 of title 5, United States Code.''.
(b) Effective Dates and Implementing Rules.--
(1) Effective dates.--
(A) Nonpublic collaborative discussions.--Subsection
(c) of section 13 of the Communications Act of 1934, as
added by subsection (a), shall apply beginning on the
first date on which all of the procedural changes to
the rules of the Commission required by subsection
(a)(1) of such section have taken effect.
(B) Report release schedules.--Subsection (j) of such
section 13 shall apply with respect to 2019 and any
year thereafter.
(C) Annual scorecard reports.--Subsection (k) of such
section 13 shall apply with respect to 2018 and any
year thereafter.
(D) Internet publication of certain fcc policies and
procedures.--Subsection (e) of such section 13 shall
apply beginning on the date that is 30 days after the
date of the enactment of this Act.
(2) Rules.--Except as otherwise provided in such section 13,
the Commission shall promulgate any rules necessary to carry
out such section not later than 1 year after the date of the
enactment of this Act.
SEC. 202. CATEGORIZATION OF TCPA INQUIRIES AND COMPLAINTS IN QUARTERLY
REPORT.
In compiling its quarterly report with respect to informal consumer
inquiries and complaints, the Commission may not categorize an inquiry
or complaint with respect to section 227 of the Communications Act of
1934 (47 U.S.C. 227) as being a wireline inquiry or complaint or a
wireless inquiry or complaint unless the party whose conduct is the
subject of the inquiry or complaint is a wireline carrier or a wireless
carrier, respectively.
SEC. 203. EFFECT ON OTHER LAWS.
Nothing in this title or the amendments made by this title shall
relieve the Commission from any obligations under title 5, United
States Code, except where otherwise expressly provided.
SEC. 204. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL SERVICE
PROGRAM.
Section 302 of Public Law 108-494 (118 Stat. 3998) is amended by
striking ``December 31, 2018'' each place it appears and inserting
``December 31, 2021''.
SEC. 205. REPORT ON IMPROVING SMALL BUSINESS PARTICIPATION IN FCC
PROCEEDINGS.
Not later than 1 year after the date of the enactment of this Act,
the Commission, in consultation with the Administrator of the Small
Business Administration, shall submit to Congress a report on--
(1) actions that the Commission will take to improve the
participation of small businesses in the proceedings of the
Commission; and
(2) recommendations for any legislation that the Commission
considers appropriate to improve such participation.
SEC. 206. TIMELY AVAILABILITY OF ITEMS ADOPTED BY VOTE OF THE
COMMISSION.
(a) Amendment.--Section 4 of the Communications Act of 1934 (47
U.S.C. 154) is amended by adding at the end the following:
``(o) In the case of any item that is adopted by vote of the
Commission, the Commission shall publish on the Internet website of the
Commission the text of such item not later than 7 days after the
Secretary of the Commission has received dissenting statements from all
Commissioners wishing to submit such a statement with respect to such
item.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to an item that is adopted after the date that is 30 days
after the date of the enactment of this Act.
TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS
SEC. 301. STUDY ON NETWORK RESILIENCY.
Not later than 36 months after the date of enactment of this Act, the
Commission shall submit to Congress, and make publically available on
the Commission's website, a study on the public safety benefits and
technical feasibility and cost of--
(1) making telecommunications service provider-owned WiFi
access points, and other communications technologies operating
on unlicensed spectrum, available to the general public for
access to 9-1-1 services, without requiring any login
credentials, during times of emergency when mobile service is
unavailable;
(2) the provision by non-telecommunications service provider-
owned WiFi access points of public access to 9-1-1 services
during times of emergency when mobile service is unavailable;
and
(3) other alternative means of providing the public with
access to 9-1-1 services during times of emergency when mobile
service is unavailable.
SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING FEDERALLY
DECLARED EMERGENCIES.
Section 427(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189e(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking
``telecommunications service'' and inserting ``wireline
or mobile telephone service, Internet access service,
radio or television broadcasting, cable service, or
direct broadcast satellite service'';
(B) in subparagraph (E), by striking the semicolon
and inserting ``; or'';
(C) by redesignating subparagraphs (A) through (E) as
clauses (i) through (v), respectively; and
(D) by adding at the end the following:
``(B) is a tower owner or operator;''; and
(2) by striking ``(1) provides'' and inserting ``(1)(A)
provides''.
SEC. 303. DEFINITIONS.
As used in this title--
(1) the term ``mobile service'' means commercial mobile
service (as defined in section 332 of the Communications Act of
1934 (47 U.S.C. 332)) or commercial mobile data service (as
defined in section 6001 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401));
(2) the term ``WiFi access point'' means wireless Internet
access using the standard designated as 802.11 or any variant
thereof; and
(3) the term ``times of emergency'' means either an emergency
as defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122), or an
emergency as declared by the governor of a State or territory
of the United States.
TITLE IV--FCC CONSOLIDATED REPORTING
SEC. 401. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934, as amended by section
201(a), is further amended by adding at the end the following:
``SEC. 14. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-numbered year,
the Commission shall publish on its website and submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the state of the communications marketplace.
``(b) Contents.--Each report required by subsection (a) shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video,
audio, and data services among providers of telecommunications,
providers of commercial mobile service (as defined in section
332), multichannel video programming distributors (as defined
in section 602), broadcast stations, providers of satellite
communications, Internet service providers, and other providers
of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications capability
(as defined in section 706 of the Telecommunications Act of
1996 (47 U.S.C. 1302)), regardless of the technology used for
such deployment, including whether advanced telecommunications
capability is being deployed to all Americans in a reasonable
and timely fashion;
``(3) assess whether laws, regulations, or regulatory
practices (whether those of the Federal Government, States,
political subdivisions of States, Indian tribes or tribal
organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)), or foreign governments) pose a barrier to
competitive entry into the communications marketplace or to the
competitive expansion of existing providers of communications
services;
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities in
the communications marketplace that were identified through the
assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in
the previous report submitted under this section.
``(c) Extension.--If the President designates a Commissioner as
Chairman of the Commission during the last quarter of an even-numbered
year, the portion of the report required by subsection (b)(4) may be
published on the website of the Commission and submitted to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate as
an addendum during the first quarter of the following odd-numbered
year.
``(d) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider all forms of competition, including the effect of
intermodal competition, facilities-based competition, and
competition from new and emergent communications services,
including the provision of content and communications using the
Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall
compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability.
``(3) International comparisons and demographic
information.--The Commission may use readily available data to
draw appropriate comparisons between the United States
communications marketplace and the international communications
marketplace and to correlate its assessments with demographic
information.
``(4) Considering small businesses.--In assessing the state
of competition under subsection (b)(1) and regulatory barriers
under subsection (b)(3), the Commission shall consider market
entry barriers for entrepreneurs and other small businesses in
the communications marketplace in accordance with the national
policy under section 257(b).
``(5) Considering cable rates.--In assessing the state of
competition under subsection (b)(1), the Commission shall
include in each report required by subsection (a) the aggregate
average total amount paid by cable systems in compensation
under section 325 during the period covered by such report.''.
SEC. 402. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications Satellite
Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
(b) Satellite Competition Report.--Section 4 of Public Law 109-34 (47
U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103 of the
Broadband Data Improvement Act (47 U.S.C. 1303) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
(d) Status of Competition in the Market for the Delivery of Video
Programming Report.--Section 628 of the Communications Act of 1934 (47
U.S.C. 548) is amended--
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so that
it appears after subsection (f).
(e) Report on Cable Industry Prices.--
(1) In general.--Section 623 of the Communications Act of
1934 (47 U.S.C. 543) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendment.--Section 613(a)(3) of the
Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended by
striking ``623(l)'' and inserting ``623(k)''.
(f) Triennial Report Identifying and Eliminating Market Entry
Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of
the Communications Act of 1934 (47 U.S.C. 257) is amended by striking
subsection (c).
(g) Section 706 Report.--Section 706 of the Telecommunications Act of
1996 (47 U.S.C. 1302) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Determination.--If the Commission determines in its report
under section 14 of the Communications Act of 1934, after considering
the availability of advanced telecommunications capability to all
Americans (including, in particular, elementary and secondary schools
and classrooms), that advanced telecommunications capability is not
being deployed to all Americans in a reasonable and timely fashion, the
Commission shall take immediate action to accelerate deployment of such
capability by removing barriers to infrastructure investment and by
promoting competition in the telecommunications market.'';
(2) by striking subsection (c);
(3) in subsection (d), by striking ``this subsection'' and
inserting ``this section''; and
(4) by redesignating subsection (d) as subsection (c).
(h) State of Competitive Market Conditions With Respect to Commercial
Mobile Radio Services.--Section 332(c)(1)(C) of the Communications Act
of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by striking the first and
second sentences.
(i) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of 1934
(47 U.S.C. 154), as amended by section 206(a), is further
amended--
(A) by striking subsection (k);
(B) by redesignating subsections (l) through (n) as
subsections (k) through (m), respectively; and
(C) by redesignating the first subsection (o)
(relating to use of radio and wire communications in
connection with safety of life and property) as
subsection (n).
(2) Conforming amendment.--Section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended
by striking the last sentence.
(j) Additional Outdated Reports.--The Communications Act of 1934 is
further amended--
(1) in section 4--
(A) in subsection (b)(2)(B)(ii), by striking ``and
shall furnish notice of such action'' and all that
follows through ``subject of the waiver''; and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking
subparagraph (F); and
(ii) in paragraph (3)(B)(iii), by striking
subclause (V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit
report''; and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and inserting
``Regulations'';
(B) by striking ``Within 1 year after'' and all that
follows through ``on means of assuring'' and inserting
``The Commission shall issue such regulations as are
necessary to assure''; and
(C) by striking ``Within 180 days after'' and all
that follows through ``to assure such compatibility.'';
and
(11) in section 713, by striking subsection (a).
SEC. 403. EFFECT ON AUTHORITY.
Nothing in this title or the amendments made by this title shall be
construed to expand or contract the authority of the Commission.
SEC. 404. OTHER REPORTS.
Nothing in this title or the amendments made by this title shall be
construed to prohibit or otherwise prevent the Commission from
producing any additional reports otherwise within the authority of the
Commission.
TITLE V--ADDITIONAL PROVISIONS
SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC.
(a) Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 8G(a)(2), by striking ``the Federal
Communications Commission,''; and
(2) in section 12--
(A) in paragraph (1), by inserting ``, the Federal
Communications Commission,'' after ``the Chairman of
the Nuclear Regulatory Commission''; and
(B) in paragraph (2), by inserting ``the Federal
Communications Commission,'' after ``the Environmental
Protection Agency,''.
(b) Transition Rule.--An individual serving as Inspector General of
the Commission on the date of the enactment of this Act pursuant to an
appointment made under section 8G of the Inspector General Act of 1978
(5 U.S.C. App.)--
(1) may continue so serving until the President makes an
appointment under section 3(a) of such Act with respect to the
Commission consistent with the amendments made by subsection
(a); and
(2) shall, while serving under paragraph (1), remain subject
to the provisions of section 8G of such Act which, immediately
before the date of the enactment of this Act, applied with
respect to the Inspector General of the Commission and suffer
no reduction in pay.
SEC. 502. AUTHORITY OF CHIEF INFORMATION OFFICER.
(a) In General.--The Commission shall ensure that the Chief
Information Officer of the Commission has a significant role in--
(1) the decision-making process for annual and multi-year
planning, programming, budgeting, and execution decisions,
related reporting requirements, and reports related to
information technology;
(2) the management, governance, and oversight processes
related to information technology; and
(3) the hiring of personnel with information technology
responsibilities.
(b) CIO Approval.--The Chief Information Officer of the Commission,
in consultation with the Chief Financial Officer of the Commission and
budget officials, shall specify and approve the allocation of amounts
appropriated to the Commission for information technology, consistent
with the provisions of appropriations Acts, budget guidelines, and
recommendations from the Director of the Office of Management and
Budget.
SEC. 503. SPOOFING PREVENTION.
(a) Expanding and Clarifying Prohibition on Misleading or Inaccurate
Caller Identification Information.--
(1) Communications from outside the united states.--Section
227(e)(1) of the Communications Act of 1934 (47 U.S.C.
227(e)(1)) is amended by striking ``in connection with any
telecommunications service or IP-enabled voice service'' and
inserting ``or any person outside the United States if the
recipient is within the United States, in connection with any
voice service or text messaging service''.
(2) Coverage of text messages and voice services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)) is amended--
(A) in subparagraph (A), by striking
``telecommunications service or IP-enabled voice
service'' and inserting ``voice service or a text
message sent using a text messaging service'';
(B) in the first sentence of subparagraph (B), by
striking ``telecommunications service or IP-enabled
voice service'' and inserting ``voice service or a text
message sent using a text messaging service''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a message consisting of text,
images, sounds, or other information that is
transmitted to or from a device that is
identified as the receiving or transmitting
device by means of a 10-digit telephone number
or N11 service code;
``(ii) includes a short message service
(commonly referred to as `SMS') message and a
multimedia message service (commonly referred
to as `MMS') message; and
``(iii) does not include--
``(I) a real-time, two-way voice or
video communication; or
``(II) a message sent over an IP-
enabled messaging service to another
user of the same messaging service,
except a message described in clause
(ii).
``(D) Text messaging service.--The term `text
messaging service' means a service that enables the
transmission or receipt of a text message, including a
service provided as part of or in connection with a
voice service.
``(E) Voice service.--The term `voice service'--
``(i) means any service that is
interconnected with the public switched
telephone network and that furnishes voice
communications to an end user using resources
from the North American Numbering Plan or any
successor to the North American Numbering Plan
adopted by the Commission under section
251(e)(1); and
``(ii) includes transmissions from a
telephone facsimile machine, computer, or other
device to a telephone facsimile machine.''.
(3) Technical amendment.--Section 227(e) of the
Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the
heading by inserting ``Misleading or'' before ``Inaccurate''.
(4) Regulations.--
(A) In general.--Section 227(e)(3)(A) of the
Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is
amended by striking ``Not later than 6 months after the
date of enactment of the Truth in Caller ID Act of
2009, the Commission'' and inserting ``The
Commission''.
(B) Deadline.--The Commission shall prescribe
regulations to implement the amendments made by this
subsection not later than 18 months after the date of
enactment of this Act.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date that is 6 months after the date
on which the Commission prescribes regulations under paragraph
(4).
(b) Consumer Education Materials on How To Avoid Scams That Rely Upon
Misleading or Inaccurate Caller Identification Information.--
(1) Development of materials.--Not later than 1 year after
the date of enactment of this Act, the Commission, in
coordination with the Federal Trade Commission, shall develop
consumer education materials that provide information about--
(A) ways for consumers to identify scams and other
fraudulent activity that rely upon the use of
misleading or inaccurate caller identification
information; and
(B) existing technologies, if any, that a consumer
can use to protect against such scams and other
fraudulent activity.
(2) Contents.--In developing the consumer education materials
under paragraph (1), the Commission shall--
(A) identify existing technologies, if any, that can
help consumers guard themselves against scams and other
fraudulent activity that rely upon the use of
misleading or inaccurate caller identification
information, including--
(i) descriptions of how a consumer can use
the technologies to protect against such scams
and other fraudulent activity; and
(ii) details on how consumers can access and
use the technologies; and
(B) provide other information that may help consumers
identify and avoid scams and other fraudulent activity
that rely upon the use of misleading or inaccurate
caller identification information.
(3) Updates.--The Commission shall ensure that the consumer
education materials required under paragraph (1) are updated on
a regular basis.
(4) Website.--The Commission shall include the consumer
education materials developed under paragraph (1) on its
website.
(c) GAO Report on Combating the Fraudulent Provision of Misleading or
Inaccurate Caller Identification Information.--
(1) In general.--The Comptroller General of the United States
shall conduct a study of the actions the Commission and the
Federal Trade Commission have taken to combat the fraudulent
provision of misleading or inaccurate caller identification
information, and the additional measures that could be taken to
combat such activity.
(2) Required considerations.--In conducting the study under
paragraph (1), the Comptroller General shall examine--
(A) trends in the types of scams that rely on
misleading or inaccurate caller identification
information;
(B) previous and current enforcement actions by the
Commission and the Federal Trade Commission to combat
the practices prohibited by section 227(e)(1) of the
Communications Act of 1934 (47 U.S.C. 227(e)(1));
(C) current efforts by industry groups and other
entities to develop technical standards to deter or
prevent the fraudulent provision of misleading or
inaccurate caller identification information, and how
such standards may help combat the current and future
provision of misleading or inaccurate caller
identification information; and
(D) whether there are additional actions the
Commission, the Federal Trade Commission, and Congress
should take to combat the fraudulent provision of
misleading or inaccurate caller identification
information.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study under paragraph (1), including any recommendations
regarding combating the fraudulent provision of misleading or
inaccurate caller identification information.
(d) Rule of Construction.--Nothing in this section, or the amendments
made by this section, shall be construed to modify, limit, or otherwise
affect any rule or order adopted by the Commission in connection with--
(1) the Telephone Consumer Protection Act of 1991 (Public Law
102-243; 105 Stat. 2394) or the amendments made by that Act; or
(2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET ACCESS SERVICE FOR
VETERANS.
(a) Veteran Defined.--In this section, the term ``veteran'' has the
meaning given the term in section 101 of title 38, United States Code.
(b) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit to Congress a report
on promoting broadband Internet access service for veterans, in
particular low-income veterans and veterans residing in rural areas. In
such report, the Commission shall--
(1) examine such access and how to promote such access; and
(2) provide findings and recommendations for Congress with
respect to such access and how to promote such access.
(c) Public Notice and Opportunity To Comment.--In preparing the
report required by subsection (b), the Commission shall provide the
public with notice and an opportunity to comment on broadband Internet
access service for veterans, in particular low-income veterans and
veterans residing in rural areas, and how to promote such access.
SEC. 505. METHODOLOGY FOR COLLECTION OF MOBILE SERVICE COVERAGE DATA.
(a) Definitions.--In this section--
(1) the term ``commercial mobile data service'' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
(2) the term ``commercial mobile service'' has the meaning
given the term in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d));
(3) the term ``coverage data'' means, if commercial mobile
service or commercial mobile data service is available, general
information about the service, which may include available
speed tiers, radio frequency signal levels, and network and
performance characteristics; and
(4) the term ``Universal Service program'' means the
universal service support mechanisms established under section
254 of the Communications Act of 1934 (47 U.S.C. 254) and the
regulations issued under that section.
(b) Methodology Established.--Not later than 180 days after the
conclusion of the Mobility Fund Phase II Auction, the Commission shall
promulgate regulations to establish a methodology that shall apply to
the collection of coverage data by the Commission for the purposes of--
(1) the Universal Service program; or
(2) any other similar program.
(c) Requirements.--The methodology established under subsection (b)
shall--
(1) contain standard definitions for different available
technologies such as 2G, 3G, 4G, and 4G LTE;
(2) enhance the consistency and robustness of how the data
are collected by different parties;
(3) improve the validity and reliability of coverage data;
and
(4) increase the efficiency of coverage data collection.
SEC. 506. ACCURACY OF DISPATCHABLE LOCATION FOR 9-1-1 CALLS.
(a) Proceeding Required.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall conclude a proceeding
to consider adopting rules to ensure that the dispatchable location is
conveyed with a 9-1-1 call, regardless of the technological platform
used and including with calls from multi-line telephone systems (as
defined in section 6502 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1471)).
(b) Relationship to Other Proceedings.--In conducting the proceeding
required by subsection (a), the Commission may consider information and
conclusions from other Commission proceedings regarding the accuracy of
the dispatchable location for a 9-1-1 call, but nothing in this section
shall be construed to require the Commission to reconsider any
information or conclusion from a proceeding regarding the accuracy of
the dispatchable location for a 9-1-1 call in which the Commission has
adopted rules or issued an order before the date of the enactment of
this Act.
(c) Definitions.--In this section:
(1) 9-1-1 call.--The term ``9-1-1 call'' means a voice call
that is placed, or a message that is sent by other means of
communication, to a public safety answering point (as defined
in section 222 of the Communications Act of 1934 (47 U.S.C.
222)) for the purpose of requesting emergency services.
(2) Dispatchable location.--The term ``dispatchable
location'' means the street address of the calling party, and
additional information such as room number, floor number, or
similar information necessary to adequately identify the
location of the calling party.
SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOLLOWING CYBERSECURITY
INCIDENTS.
(a) In General.--The Assistant Secretary of Commerce for
Communications and Information shall complete a study on how the
National Telecommunications and Information Administration can best
coordinate the interagency process following cybersecurity incidents.
(b) Report to Congress.--Not later than 18 months after the date of
the enactment of this Act, the Assistant Secretary shall submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing the findings and recommendations of the study
conducted under subsection (a).
SEC. 508. TRIBAL DIGITAL ACCESS.
(a) Tribal Broadband Data Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report evaluating broadband
coverage in Indian country (as defined in section 1151 of title
18, United States Code) and on land held by a Native
Corporation pursuant to the Alaska Native Claims Settlement
Act.
(2) Required assessments.--The report required by paragraph
(1) shall include the following:
(A) An assessment of areas of Indian country (as so
defined) and land held by a Native Corporation pursuant
to the Alaska Native Claims Settlement Act that have
adequate broadband coverage.
(B) An assessment of unserved areas of Indian country
(as so defined) and land held by a Native Corporation
pursuant to the Alaska Native Claims Settlement Act.
(b) Tribal Broadband Rulemaking.--Not later than 30 months after the
date of the enactment of this Act, the Commission shall complete a
proceeding to address the unserved areas identified in the report under
subsection (a).
TITLE VI--VIEWER PROTECTION
SEC. 601. RESERVE SOURCE FOR PAYMENT OF TV BROADCASTER RELOCATION
COSTS.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund to be known as the Broadcast Repack Fund.
(b) Availability of Funds.--
(1) In general.--If the Commission makes the certification
described in paragraph (2), amounts in the Broadcast Repack
Fund shall be available to the Commission to make
reimbursements pursuant to subsection (b)(4)(A)(i) or
(b)(4)(A)(ii) of section 6403 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1452).
(2) Certification.--The certification described in this
paragraph is a certification from the Commission to the
Secretary of the Treasury that the funds available in the TV
Broadcaster Relocation Fund established under subsection (d) of
such section are likely to be insufficient to reimburse
reasonably incurred costs described in subsection (b)(4)(A)(i)
or (b)(4)(A)(ii) of such section.
(3) Availability for payments after april 13, 2020.--
Notwithstanding subsection (b)(4)(D) of such section, the
Commission may make payments pursuant to subsection
(b)(4)(A)(i) or (b)(4)(A)(ii) of such section from the
Broadcast Repack Fund after April 13, 2020, if, before making
any such payments after such date, the Commission submits to
Congress a certification that such payments are necessary to
reimburse reasonably incurred costs described in such
subsection.
(c) Unused Funds Rescinded and Deposited Into the General Fund of the
Treasury.--
(1) Rescission and deposit.--If any unobligated amounts
remain in the Broadcast Repack Fund after the date described in
paragraph (2), such amounts shall be rescinded and deposited
into the general fund of the Treasury, where such amounts shall
be dedicated for the sole purpose of deficit reduction.
(2) Date described.--The date described in this paragraph is
the earlier of--
(A) the date of a certification by the Commission
under paragraph (3) that all reimbursements pursuant to
subsections (b)(4)(A)(i) and (b)(4)(A)(ii) of such
section 6403 have been made; or
(B) July 3, 2022.
(3) Certification.--If all reimbursements pursuant to
subsections (b)(4)(A)(i) and (b)(4)(A)(ii) of such section 6403
have been made before July 3, 2022, the Commission shall submit
to the Secretary of the Treasury a certification that all such
reimbursements have been made.
(d) Administrative Costs.--The amount of auction proceeds that the
salaries and expenses account of the Commission is required to retain
under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(B)), including from the proceeds of the forward auction under
section 6403 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1452), shall be sufficient to cover the administrative
costs incurred by the Commission in making any reimbursements out of
the Broadcast Repack Fund.
SEC. 602. PAYMENT OF RELOCATION COSTS OF TELEVISION TRANSLATOR STATIONS
AND LOW POWER TELEVISION STATIONS.
(a) Payment Required.--
(1) In general.--From amounts made available under subsection
(b)(2), the Commission shall reimburse costs reasonably
incurred by a television translator station or low power
television station on or after January 1, 2017, in order for
such station to relocate its television service from one
channel to another channel or otherwise modify its facility as
a result of the reorganization of broadcast television spectrum
under subsection (b) of section 6403 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1452). Only
stations that are eligible to file and do file an application
in the Commission's Special Displacement Window are eligible to
seek reimbursement under this paragraph.
(2) Limitation.--The Commission may not make reimbursements
under paragraph (1) for lost revenues.
(3) Duplicative payments prohibited.--In the case of a low
power television station that has been accorded primary status
as a Class A television licensee under section 73.6001(a) of
title 47, Code of Federal Regulations--
(A) if the licensee of such station has received
reimbursement with respect to such station under
subsection (b)(4)(A)(i) of such section 6403 (including
from amounts made available under section 601 of this
title), or from any other source, such station may not
receive reimbursement under paragraph (1); and
(B) if such station has received reimbursement under
paragraph (1), the licensee of such station may not
receive reimbursement with respect to such station
under subsection (b)(4)(A)(i) of such section 6403.
(4) Additional limitation.--The Commission may not make
reimbursement under paragraph (1) for costs incurred to resolve
mutually exclusive applications, including costs incurred in
any auction of available channels.
(b) Funding.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a fund to be known as the
Translator and Low Power Station Relocation Fund.
(2) Availability of funds.--
(A) In general.--Amounts in the Translator and Low
Power Station Relocation Fund shall be available to the
Commission to make payments required by subsection
(a)(1).
(B) Availability after april 13, 2020.--Amounts in
the Translator and Low Power Station Relocation Fund
shall not be available to the Commission to make
payments required by subsection (a)(1) after April 13,
2020, unless, before making any such payments after
such date, the Commission submits to Congress a
certification that such payments are necessary to
reimburse costs reasonably incurred by a television
translator station or low power television station on
or after January 1, 2017, in order for such station to
relocate its television service from one channel to
another channel or otherwise modify its facility as a
result of the reorganization of broadcast television
spectrum under subsection (b) of section 6403 of the
Middle Class Tax Relief and Job Creation Act of 2012
(47 U.S.C. 1452).
(3) Unused funds rescinded and deposited into the general
fund of the treasury.--
(A) Rescission and deposit.--If any unobligated
amounts remain in the Translator and Low Power Station
Relocation Fund after the date described in
subparagraph (B), such amounts shall be rescinded and
deposited into the general fund of the Treasury, where
such amounts shall be dedicated for the sole purpose of
deficit reduction.
(B) Date described.--The date described in this
subparagraph is the earlier of--
(i) the date of a certification by the
Commission under subparagraph (C) that all
reimbursements pursuant to subsection (a)(1)
have been made; or
(ii) July 3, 2023.
(C) Certification.--If all reimbursements pursuant to
subsection (a)(1) have been made before July 3, 2023,
the Commission shall submit to the Secretary of the
Treasury a certification that all such reimbursements
have been made.
(c) Administrative Costs.--The amount of auction proceeds that the
salaries and expenses account of the Commission is required to retain
under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(B)), including from the proceeds of the forward auction under
section 6403 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1452), shall be sufficient to cover the administrative
costs incurred by the Commission in making any reimbursements out of
the Translator and Low Power Station Relocation Fund.
(d) Definitions.--In this section:
(1) Low power television station.--The term ``low power
television station'' means a low power TV station (as defined
in section 74.701 of title 47, Code of Federal Regulations)
that was licensed and transmitting for at least 9 of the 12
months prior to April 13, 2017. For purposes of the preceding
sentence, the operation of analog and digital companion
facilities may be combined.
(2) Television translator station.--The term ``television
translator station'' means a television broadcast translator
station (as defined in section 74.701 of title 47, Code of
Federal Regulations) that was licensed and transmitting for at
least 9 of the 12 months prior to April 13, 2017. For purposes
of the preceding sentence, the operation of analog and digital
companion facilities may be combined.
SEC. 603. PAYMENT OF RELOCATION COSTS OF FM BROADCAST STATIONS.
(a) Payment Required.--
(1) In general.--From amounts made available under subsection
(b)(2), the Commission shall reimburse costs reasonably
incurred by an FM broadcast station for facilities necessary
for such station to reasonably minimize disruption of service
as a result of the reorganization of broadcast television
spectrum under subsection (b) of section 6403 of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1452).
(2) Limitation.--The Commission may not make reimbursements
under paragraph (1) for lost revenues.
(3) Duplicative payments prohibited.--If an FM broadcast
station has received a payment for interim facilities from the
licensee of a television broadcast station that was reimbursed
for such payment under subsection (b)(4)(A)(i) of such section
6403 (including from amounts made available under section 601
of this title), or from any other source, such FM broadcast
station may not receive any reimbursements under paragraph (1).
(b) Funding.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a fund to be known as the FM
Broadcast Station Relocation Fund.
(2) Availability of funds.--
(A) In general.--Amounts in the FM Broadcast Station
Relocation Fund shall be available to the Commission to
make payments required by subsection (a)(1).
(B) Availability after april 13, 2020.--Amounts in
the FM Broadcast Station Relocation Fund shall not be
available to the Commission to make payments required
by subsection (a)(1) after April 13, 2020, unless,
before making any such payments after such date, the
Commission submits to Congress a certification that
such payments are necessary to reimburse costs
reasonably incurred by an FM broadcast station for
facilities necessary for such station to reasonably
minimize disruption of service as a result of the
reorganization of broadcast television spectrum under
subsection (b) of section 6403 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1452).
(3) Unused funds rescinded and deposited into the general
fund of the treasury.--
(A) Rescission and deposit.--If any unobligated
amounts remain in the FM Broadcast Station Relocation
Fund after the date described in subparagraph (B), such
amounts shall be rescinded and deposited into the
general fund of the Treasury, where such amounts shall
be dedicated for the sole purpose of deficit reduction.
(B) Date described.--The date described in this
subparagraph is the earlier of--
(i) the date of a certification by the
Commission under subparagraph (C) that all
reimbursements pursuant to subsection (a)(1)
have been made; or
(ii) July 3, 2022.
(C) Certification.--If all reimbursements pursuant to
subsection (a)(1) have been made before July 3, 2022,
the Commission shall submit to the Secretary of the
Treasury a certification that all such reimbursements
have been made.
(c) Administrative Costs.--The amount of auction proceeds that the
salaries and expenses account of the Commission is required to retain
under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(B)), including from the proceeds of the forward auction under
section 6403 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1452), shall be sufficient to cover the administrative
costs incurred by the Commission in making any reimbursements out of
the FM Broadcast Station Relocation Fund.
(d) FM Broadcast Station Defined.--In this section, the term ``FM
broadcast station'' has the meaning given such term in section 73.310
of title 47, Code of Federal Regulations.
SEC. 604. CONSUMER EDUCATION PAYMENT.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund to be known as the Broadcast Station
Relocation Consumer Education Fund.
(b) Availability of Funds.--Amounts in the Broadcast Station
Relocation Consumer Education Fund shall be available to the Commission
to make payments solely for the purposes of consumer education relating
to the reorganization of broadcast television spectrum under subsection
(b) of section 6403 of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1452).
(c) Administrative Costs.--The amount of auction proceeds that the
salaries and expenses account of the Commission is required to retain
under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(B)), including from the proceeds of the forward auction under
section 6403 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1452), shall be sufficient to cover the administrative
costs incurred by the Commission in making any payments out of the
Broadcast Station Relocation Consumer Education Fund.
SEC. 605. IMPLEMENTATION AND ENFORCEMENT.
The Commission shall implement and enforce this title as if this
title is a part of the Communications Act of 1934 (47 U.S.C. 151 et
seq.). A violation of this title, or a regulation promulgated under
this title, shall be considered to be a violation of the Communications
Act of 1934, or a regulation promulgated under such Act, respectively.
SEC. 606. RULE OF CONSTRUCTION.
Nothing in this title shall alter the final transition phase
completion date established by the Commission for full power and Class
A television stations.
Purpose and Summary
H.R. 4986, the ``Ray Baum's Act of 2018'' or ``Repack
Airwaves Yielding Better Access for Users of Modern Services
Act of 2018'' was introduced on February 8, 2018, by
Representative Marsha Blackburn (R-TN). H.R. 4986 would
reauthorize the Federal Communications Commission (FCC). The
bill would maintain the FCC's section 9 authority to assess
regulatory fees and would direct the agency to review and
adjust, as necessary, its fee schedule every two years. The
bill also amends Title I of the Communications Act to include
several agency process reforms. H.R. 4986 also includes
provisions to address spoofing, broadband access for veterans,
data collection for mobile service coverage, 9-1-1 location
accuracy, improving access to communications during times of
emergency, and improving broadband coverage in Indian country.
The bill also consolidates and streamlines redundant FCC
reports. Finally, the bill establishes funds in the Treasury to
pay broadcaster relocation costs associated with the
reorganization of broadcast television spectrum under section
6402 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1452).
Background and Need for Legislation
The Energy and Commerce Committee has prioritized the
reauthorization of federal agencies in the 115th Congress, and
the Federal Communications Commission has not been reauthorized
since 1990.
In addition, during the 112th Congress, section 6403 of the
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1452) provided $1,750,000,000 in proceeds from the broadcast
incentive auction for the TV Broadcaster Relocation Fund, which
was to be used to reimburse broadcasters for relocation costs
incurred as a result of the auction. This authorization of
funds was insufficient to complete the repacking process. H.R.
4986 would provide additional funds to fully reimburse full-
power, Class A broadcasters, and to reimburse costs for low
power television stations, translator television stations, and
FM radio stations. The bill also provides additional funding to
help educate consumers about the repacking process and how to
continue accessing their local broadcast stations.
Committee Action
On July 25, 2017, the Subcommittee on Communications and
Technology held a hearing on a discussion draft entitled ``To
amend the Communications Act of 1934 to reauthorize
appropriations for the Federal Communications Commission, to
provide for certain procedural changes to the rules of the
Commission to maximize opportunities for public participation
and efficient decisionmaking, and for other purposes.'' The
Subcommittee received testimony from:
Mignon Clyburn, Commissioner, Federal
Communications Commission;
Michael O'Rielly, Commissioner, Federal
Communications Commission; and
Ajit Pai, Chairman, Federal Communications
Commission.
On October 11, 2017, the Subcommittee on Communications and
Technology met in open markup session and forwarded the
discussion draft to the full Committee by a voice vote. H.R.
4986 was introduced by Representative Blackburn on February 8,
2018. H.R. 4986 was similar to the discussion draft.
On February 14, 2018, the full Committee on Energy and
Commerce met in open markup session and ordered H.R. 4986, as
amended, favorably reported to the House by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no recorded votes taken in connection with ordering
H.R. 4986 reported.
Oversight Findings and Recommendations
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a hearing and made
findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
4986 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, at the time this report was filed,
the cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974 was not available.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to
reauthorize the Federal Communications Commission and create a
fund for the purpose of addressing the shortfall of funds
authorized to complete the TV broadcast incentive auction in
the Middle Class Tax Relief and Job Creation Act of 2012 (P.L.
112-96, 47 U.S.C. 1452).
Duplication of Federal Programs
No provision of H.R. 4986 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 4986 contains no earmarks, limited
tax benefits, or limited tariff benefits.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, the following
directed rule makings are contained in H.R. 4986:
1. Section 102 would require the Federal Communications
Commission to issue a final rule amending the schedule of
regulatory fees.
2. Section 201 would require the FCC to issue a final rule
adopting procedural changes that maximize public participation
and efficient decisionmaking. Section 201 also requires the
Federal Communications Commission to consider revisions to
these procedural changes every 5 years.
3. Section 503 would require the FCC to issue a final rule
to address fraudulent, misleading, or inaccurate calls from
outside the United States.
4. Section 505 would require the FCC to issue a final rule
that defines the methodology used to collect commercial mobile
service data.
5. Section 508 would require the FCC to issue a final rule
that identifies and addresses areas of Indian country
considered unserved with broadband access.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
TITLE I--FCC REAUTHORIZATION
Section 101. Authorization of appropriations
This section would authorize appropriations of $322,035,000
for fiscal years 2019 and 2020 for the Federal Communications
Commission through offsetting collections authorized by section
9 of the Communications Act of 1934 (the Act) (47 U.S.C.
Sec. 151 et seq.). It also amends section 309(j) of the Act to
allow spectrum auction deposits to be deposited in the
Treasury.
Section 102. Application and regulatory fees
This section would amend section 9 of the Act to assess and
collect application and regulatory fees to recover the costs
provided for in advance in Appropriation Acts.
Section 103. Effective date
This section would provide an effective date of October 1,
2018, for this title.
TITLE II--FCC PROCESS REFORM
Section 201. FCC process reform
Sec. 13(a) Initial Rulemaking and Inquiry
This section would require the FCC to conduct a notice and
comment rulemaking and adopt rules to (1) set minimum comment
and reply comment periods for rulemaking proceedings; (2)
establish policies concerning extensive comments toward the end
of a comment period; (3) establish policies to ensure that the
public has time to review material submitted in a proceeding
after the comment cycle has closed; (4) publish the status of
open rulemakings as well as list the draft items the
Commissioners are currently considering; (5) establish
deadlines for action on certain filings to the Commission and
its bureaus; (6) establish guidelines for the disposition of
petitions for declaratory ruling; (7) establish procedures for
including the specific text of proposed rules in Commission
Notice of Proposed Rule Makings (NPRM); and (8) to require the
development of performance measures for FCC program activities,
defined as each FCC program listed in the Federal budget or
each program through which the FCC collects or distributes $100
million or more.
New Section 13(a) is intended to ensure that the Commission
provides a more predictable framework for making decisions as
well as adequate opportunity for public participation. Too
often, the members of the public will file petitions for
declaratory ruling, rulemaking, or reconsideration of an FCC
decision only to find that their petitions languish at the
agency for an extended and often indeterminate length of
time.\1\ The Commission also has begun rulemakings and failed
to conclude them in a timely fashion or simply to close the
docket.\2\
---------------------------------------------------------------------------
\1\See, e.g., in re Fifty-five Unopposed Petitions for
Determination of Effective Competition, Memorandum Opinion and Order,
29 FCC Rcd 3140 (2014) (closing out unopposed petitions for
determination of effective competition, some of which had been filed in
early December of 2011).
\2\See 2014 Quadrennial Regulatory Review--Review of the
Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant
to Section 202 of the Telecommunications Act of 1996, Further Notice of
Proposed Rulemaking and Report and Order, 29 FCC Rcd 4371 (2014). The
Commission did not complete the 2010 Quadrennial Review, as statutorily
required. Instead, it decided that it would incorporate the 2010 Review
into the 2014 Quadrennial Review without producing a separate report.
Similarly, the Commission failed to complete Video Competition Reports.
See also Special Access for Price Cap Exchange Carriers, WC Docket No.
05- 25 (which has been fully briefed several times and also is based on
a petition for rulemaking, which was opened in 2002 and related to
special access rates).
---------------------------------------------------------------------------
With specific regard to new section 13(a)(2)(A), the bill
requires the Commission to set minimum comment periods to set
expectations for the public on the timeframe for the impending
Commission actions. The Commission retains the flexibility to
depart from such comment periods for significant regulatory
actions as defined in Executive Order No. 12866 and
rulemakings. This is a practice supported by the Administrative
Conference of the United States (ACUS).\3\ The President also
issued guidance to executive agencies that sixty days should be
the minimum comment period to ``afford the public a meaningful
opportunity to comment.''\4\
---------------------------------------------------------------------------
\3\See ACUS, improving the Environment for Agency Rulemaking,
Recommendation No. 93-4.
\4\See Executive Order No. 13563, 76 Fed. Reg. 3821 (Jan. 21,
2011).
---------------------------------------------------------------------------
Section 13(a)(2)(B) is intended to remedy a chronic problem
with the FCC's notice and comment procedures. Currently,
parties can wait until near the end of the comment period to
submit massive amounts of new evidence in the docket to support
their positions. The last-minute inclusion deprives other
stakeholders of the opportunity to adequately analyze the
submission and respond.\5\ Section 13(a)(2)(C) is intended to
remedy a similar situation, in which the agency submits
documents very late in the process and substantially relies on
those submissions to justify the regulation.\6\
---------------------------------------------------------------------------
\5\See, e.g., Comments of the National Association of Regulatory
Utility Commissioners, FCC GN Docket No. 14-25 (filed Mar. 31, 2014) at
13.
\6\This is not a theoretical concern. Just seven days before the
Commissioners were due to vote on the reform of the intercarrier
compensation and universal service regimes, the Wireline Competition
Bureau of the FCC inundated the record with thousands of pages of lists
of academic reports and published articles, studies, position papers,
analyses, statistics, newspaper articles, white papers, publications,
handbooks, State laws, State regulatory pleadings and decisions,
reference works, industry surveys, treatises, congressional reports,
and correspondence to the FCC. The National Association of Regulatory
Utility Commissioners (NARUC) urged the FCC to ``establish some sort of
a procedure . . . to assure this sort of thing does not happen again.''
See Comments of NARUC, GN Docket No. 14-25 (filed Mar. 31, 2014) at 14.
---------------------------------------------------------------------------
Section 13(a)(2)(D) was included in H.R. 3675 in the 113th
Congress and requires the FCC to report on the status of its
open proceedings and to provide the public with clear
information on the efficiency of the agency. During the full
Committee mark-up, the section was amended to include a
proposal offered by Rep. Clarke (D-NY), which would require the
Commission also to report on the status of requests for action
from the public as well as on the cost of Congressional
investigations. The analysis of the cost of Congressional
investigations will be subject to audit per section 13(a)(5).
This section also would require the Commission to seek
public comment on a notice of inquiry into whether and how the
Commission should (1) allow a bipartisan majority of
Commissioners to add an item to the Commission's agenda; (2)
inform Commissioners of all options available on a given
Commission item; (3) ensure that Commissioners have adequate
time to review the text of Commission items; (4) publish the
text of items for Commission consideration prior to Commission
vote; (5) establish deadlines for the processing of
applications for licenses; (6) generate additional resources
for the processing of applications; and (7) publish Commission
decisions within thirty days of adoption.
Section 13(a)(2)(G) requires the Commission to establish
procedures for including the specific language of a proposed
rule in the notice of proposed rulemaking. In the past decade,
the Commission has fallen into the habit of delineating only a
general summary of potential action in Notices of Proposed
Rulemaking, without including the specific language of proposed
rules.\7\ The inclusion of the specific text of proposed rules
is ``a critical step in facilitating meaningful discussion.''
Without the text of the proposed rules,\8\ the public is left
``with the challenge of guessing what issues are really
important,'' which ``undermines the opportunity for meaningful
participation and effective deliberation.''\9\ The public
deserves a Commission that can commit to ``publishing the text
of proposed rules sufficiently in advance of Commission
meetings for both (i) the public to have a meaningful
opportunity to comment and (ii) the Commissioners to have a
meaningful opportunity to review such comments.''\10\
---------------------------------------------------------------------------
\7\See, e.g., Letter from Frederick Butler, President, NARUC, to
Susan Crawford, Visiting Professor, Yale Law School, Obama-Biden
Transition Team on the FCC (Dec. 12, 2008), available at http://
www.naruc.org/Testimony/08%201212%20RV%20FCC%20Transition%20letter.pdf.
(``The FCC frequently releases vague Notices of Proposed Rulemaking
that fail to articulate proposed rules and read more like Notices of
Inquiry by posing countless open-ended questions.'')
\8\Michael Weinberg and Gigi B. Sohn, An FCC for the Internet Age:
Recommendations for Reforming the Federal Communications Commission, at
4 (Mar. 5, 2010), available at http:// go.usa.gov/PyH.
\9\Philip J. Weiser, FCC Reform and the Future of
Telecommunications Policy at 16-17 (Jan. 5, 2009), available at http://
fcc-reform.org/ paper/fcc-reform-and-future-telecommunications-policy.
\10\Letter from Rep. John D. Dingell, Chairman, Committee on Energy
and Commerce, to the Honorable Kevin J. Martin, Chairman, Federal
Communications Commission (Dec. 3, 2007).
---------------------------------------------------------------------------
Section 13(a)(2)(H) attempts to increase the transparency
of the Commission's largest programs, such as the Universal
Service Fund and the Interstate Telecommunications Relay
Service Fund. The Government Performance Results Act of 1993
already requires the FCC and other agencies to identify yearly
performance goals for all items on the Federal budget.\11\
Despite this requirement, the Government Accountability Office
has repeatedly cited the FCC for failing to establish
objective, quantifiable performance measures for the various
programs within the Universal Service Fund.\12\ To remedy this
situation, this subsection requires the Commission to develop
performance measures for its program activities, defined as
each program listed in the Federal budget, as well as each
program through which the Commission collects or distributes
$100 million or more, relying on data it already collects when
possible. To reduce the administrative burden, this subsection
does not require the FCC to adopt performance measures
immediately, but instead to adopt them as it moves forward with
reforms of the Universal Service Fund, the Interstate
Telecommunications Relay Service Fund, and its other program
activities. The Committee expects that the Commission will
include performance measures that address both the collection
and distribution of funds.
---------------------------------------------------------------------------
\11\See 5 U.S.C. Sec. 1115 et al.
\12\See, e.g., GAO Report No. 11-11, Improved Management Can
Enhance FCC Decision Making for the Universal Service Fund Low-Income
Program (Oct. 2010); GAO Report No. 09-253, Long-Term Strategic Vision
Would Help Ensure Targeting of E-Rate Funds to Highest-Priority Uses
(Mar. 2009); GAO Report No. 08-633, FCC Needs To Improve Performance
Management and Strengthen Oversight of the High-Cost Program (June
2008); GAO Report No. 05-151, Greater Involvement Needed by FCC in the
Management and Oversight of the E-Rate Program (Feb. 2005).
---------------------------------------------------------------------------
Given that the FCC already has 417 separate information
collections approved by the Office of Information and
Regulatory Affairs,\13\ the Committee does not expect the FCC
will need to create new information collections in order to
establish meaningful per formance measures. If the FCC
determines otherwise, the Committee expects that the Commission
will first look to consolidate and reduce the burden of
existing collections before imposing new burdens.
---------------------------------------------------------------------------
\13\See OIRA, Inventory of Currently Approved Information
Collections, http:// www.reginfo.gov/public/do/PRAMain (search for
``Federal Communications Commission''); see also GAO Report No. 10-249,
Information Collection and Management at the Federal Communications
Commission (Jan. 2010).
---------------------------------------------------------------------------
Sec. 13(b) Periodic Review
This subsection would require the FCC to conduct a
rulemaking to review the rules established in subsection 13(a)
every five years.
Sec. 13(c) Nonpublic Collaborative Discussions
This subsection would allow a bipartisan majority of
Commissioners to meet for collaborative discussions if they
disclose such meetings within two business days and comply with
Office of General Counsel oversight. This subsection also
applies to meetings of Federal-State Joint Boards. The
testimonies of multiple administrative law experts recommend
the exception as a means of increasing the efficiency of
Commissioner negotiations for policymaking.\14\ However, the
Committee recognizes that this subsection creates an exception
to the Government in the Sunshine Act.\15\ As such, the
Committee does not grant this privilege lightly; the permission
to engage in non-public collaborations takes effect only when
the procedural safeguards required in the rulemaking as
directed in section 13(a)(1) have been implemented. This
section would not otherwise change the applicability of the
Government in Sunshine Act to the Commission's Open Meetings.
---------------------------------------------------------------------------
\14\See, e.g., Testimony of Stuart Minor Benajamin, Douglas M.
Maggas Professor of Law, Duke Law School, before the Subcommittee on
Communications and Technology (May 15, 2015). See also Randolph J. May,
Reforming the Sunshine Act, 49 Ad. Law Rev. 415 (1997).
\15\Government in the Sunshine Act, Pub. L. 94-409, 90 Stat. 1241
(1976), codified at 5. U.S.C. Sec. 552b.
---------------------------------------------------------------------------
Sec. 13(d) Access to certain information on Commission's
website
This subsection would require the FCC to provide links on
the Commission's home page to the current budget,
appropriations, number of full-time equivalent employees, and
the Commission's performance plan. This practice is followed by
most other administrative agencies, and availability of this
information would provide valuable insight into the operations
of the Commission.
While this subsection requires only that the Commission
publish information for the current fiscal year, the Committee
hopes the Commission will provide such information on a
historical basis, as is common practice at other agencies. The
cost and operation of the Commission is a matter of public
record, and the Committee does not believe it will constitute a
burden to require the agency to make such historical
information easily accessible to the public.
Sec. 13(e) Internet publication of certain FCC policies and
procedures
This subsection is based on a draft bill proposed by Rep.
Loebsack and would require the FCC to publish policies and
procedures that govern the Commission's decisionmaking process.
The Chairman of the Commission is considered the ``CEO'' of the
Commission and may dictate procedures for carrying out
Commission business.\16\ As a result, the Chairman manages the
staff of the entire agency (other than those in the offices of
the other Commissioners), including the General Counsel,
determines which policy matters will be considered and when
they will be considered, and controls the availability of
information to the public and to other Commissioners.
---------------------------------------------------------------------------
\16\See 47 U.S.C. Sec. 1A155(a) (stating ``The member of the
Commission designed by the President as chairman shall be the chief
executive officer of the Commission'').
---------------------------------------------------------------------------
It does not appear that the FCC maintains standard
operating manuals for basic Commission decision-making
functions, such as procedures for providing information to the
offices of other Commissioners for agenda items, as recommended
by the GAO.\17\ Limited information on agency procedures
impedes the public's ability to determine whether the agency is
functioning effectively. Other independent agencies have posted
these materials on their websites and make them available to
the public.\18\
---------------------------------------------------------------------------
\17\See GAO Report 10-79, ``FCC Management: Improvments Needed in
Communications, Decision-Making Processes, and Workforce Planning''
(December 2009) at 2.
\18\See, e.g., NRC Procedures http://www.nrc.gov/about-nrc/policy-
making/internal.html; FTC Procedures https://www.ftc.gov/about-ftc/
foia/foia-resources/ftc-administrative-staff-manuals.
---------------------------------------------------------------------------
Sec. 13(f) Federal Register publication
This subsection would require the FCC to publish the
documents specified in the Federal Register no later than
forty-five days after release of the document or the day
specified under any other provision of law.
Sec. 13(g) Consumer complaint database
This subsection would require the FCC to put consumer
complaint information in a publicly available, searchable
database on its website.
Sec. 13(h) Form of publication
This subsection would require the FCC to publish documents
specified in this section on its website.
Sec. 13(i) Transparency relating to performance in meeting
FOIA requirements
This subsection would require the FCC to take additional
steps to inform the public about its performance in meeting the
disclosure requirements of the Freedom of Information Act.
Sec. 13(j) Prompt release of statistical reports and
reports to Congress
This subsection would require the FCC to establish a
schedule for the release of its required reports.
Sec. 13(k) Annual scorecard reports
This subsection would require the FCC to report annually
regarding its performance in meeting the deadlines and
guidelines established in subsection (a), as well as how the
Commission has used administrative law judges and independent
studies.
Sec. 13(l) Definitions
This subsection would define several terms used in the Act,
including ``performance measure'' and ``program activity.''
Section 2(b). Section 2(b) sets the effective dates for the
changes required in section 2(a). It also sets the schedule of
the reports to be submitted under new section 13.
Specifically, Commission is required to complete its
rulemaking on new section 13 no later than one year after the
date of enactment and delays the implementation of the non-
public collaborative discussion provisions until all rules
required by section 13 have taken effect.
Section 202. Categorization of TCPA inquiries and complaints in
quarterly report
Section 202 prohibits the FCC from categorizing inquiries
or complaints under the Telephone Consumer Protection Act as
wireline or wireless inquiries or complaints unless the
complaint or inquiry originated from the conduct of a wireline
or wireless carrier.
Section 203. Effect on other laws
Section 203 specifies that H.R. 4986 does not alter the
general framework established by the Administrative Procedures
Act and related laws, except where it does so explicitly (i.e.,
allowing deliberative collaboration among Commissioners and on
the Federal-State Joint Boards).
Section 204. Application of Antideficiency Act to Universal Service
Program
Section 204 would create a waiver of the Antideficiency Act
for the Federal Universal Service Fund through December 31,
2020. The Universal Service Fund has been subject to a series
of temporary waivers since 2004.
Section 205. Report on improving small business participation in FCC
proceedings
Section 205 would require the Commission to consult with
the Small Business Administration (SBA) to produce a report
recommending actions and legislation that would improve the
participation of small businesses in Commission proceedings.
This section was based on a draft bill proposed by
Representative Doris O. Matsui (CA-06) to remedy concerns that
the small business community has not been able to engage in
proceedings at the Commission. As the Commission considers how
it may engage small businesses, it must carefully consider the
definition of ``small business.'' Since Congress has designated
the SBA as the expert entity on small businesses, the Committee
strongly recommends that the Commission defer to the SBA's
existing size standard definition.
Section 206. Timely availability of items adopted by vote of the
Commission
This section would require the Commission to publish on
their website the text of an item 7 days after receiving
dissenting statements from all Commissioners.
TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS
Section 301. Study on network resiliency
This section would require the FCC to submit a report to
Congress within 36 months that studies making WiFi access
points available to the public at no charge during times of
emergency. The FCC's study should focus on making WiFi access
points owned by telecommunications service providers available,
but should also analyze whether such a requirement would be
feasible for non-telecommunications service providers.
Section 302. Access to essential service providers during federally
declared emergencies
Section 302 would amend section 427 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act by adding
wireline and mobile telephone service, Internet access service,
radio and television broadcasting, cable service, direct
broadcast satellite, and tower owners and operators to the list
of ``essential service providers'' under the Act.
Section 303. Definitions
This section would define ``mobile service'', ``Wi-Fi
access point'', and ``times of emergency.''
TITLE IV--FCC CONSOLIDATED REPORTING
Section 401. Communications Marketplace Report
This subsection would require the Commission to publish and
submit to Congress a Communications Marketplace Report timed to
the two-year congressional cycle. By requiring the submission
of that report in the last quarter of every even-numbered year,
each new Congress will have a fresh review of the
communications marketplace when it assumes office. Requiring
the Communications Marketplace Report every other year rather
than every year also should reduce the administrative burden on
the Commission and the reporting burden on the public.
Section 402. Consolidation of redundant reports; conforming amendments
This section would eliminate the eight reports consolidated
into the Communications Marketplace Report, namely the ORBIT
Act Report, see Communications Satellite Act of 1962 Sec. 646,
the Satellite Competition Report, see Pub. L. No. 109-34
Sec. 4, the Status of Competition in the Market for the
Delivery of Video Programming Report, see Communications Act of
1934 Sec. 628(g), the Report on Cable Industry Prices, see
Communications Act of 1934 Sec. 623(k), the State of
Competitive Market Conditions with Respect to Commercial Mobile
Radio Services Report, see Communications Act of 1934
Sec. 332(c)(1)(C), the Broadband Deployment Report, see
Telecommunications Act of 1996 Sec. 706(b), the International
Broadband Data Report, see Broadband Data Improvement Act
Sec. 103(b), and the Triennial Report Identifying and
Eliminating Market Entry Barriers for Entrepreneurs and Other
Small Businesses, see Communications Act of 1934 Sec. 257(c).
As described above, consolidating these reports is not intended
to preclude the Commission from continuing to collect and
report similar data if doing so is an accurate and efficient
method of assessing competition, deployment, or regulatory
barriers.
This section would eliminate a reference to the Report on
Competition between Wire Telephone and Wire Telegraph
Providers, see Communications Act of 1934 Sec. 215(b), given
the evolution of the communications marketplace past telegraph
services.
This section would strike from the Communications Act
several reports that have either expired of their own accord or
been repealed by the Federal Reports Elimination and Sunset Act
of 1995, Pub. L. No. 104-66. An example of the former is a
report on the rescheduling of Auction 31 (Upper 700 MHz), which
was completed as part of Auction 73 in 2008. See Communications
Act of 1934 Sec. 309(j)(15)(C)(iv). An example of the latter is
the annual report of the Commission, see Communications Act of
1934 Sec. 4(k), which was identified in the 1995 Clerk's List
of Reports to be Made to Congress, see House Doc. No. 103-7, at
167, and effectively terminated in 2000, see Pub. L. No. 104-
66, Sec. 3003(a)(1). This section is not intended to remove the
discretion of any agency to continue to report to Congress on
those topics should it find doing so useful.
Section 403. Effect on authority
Section 403 would specify that this legislation does not
alter the authority of the Commission in any way. Specifically,
this legislation should not be construed to expand or contract
the Commission's ability to collect data, nor should this
legislation be construed to alter any authority or obligation
the Commission has under section 706 of the Telecommunications
Act of 1996, if any.
Section 404. Other reports
Section 404 would clarify that nothing in the Act prohibits
or prevents the FCC from producing additional reports within
its existing authority.
TITLE V--ADDITIONAL PROVISIONS
Section 501. Independent Inspector General for FCC
This section would establish an independent Inspector
General for the FCC.
Section 502. Authority of Chief Information Officer
This section would elevate the Chief Information Officer of
the FCC and gives them authority to play a significant role in
planning, budgeting, and programming of the Commission's IT
budget.
Section 503. Spoofing prevention
This section would amend the Communications Act of 1934 to
prohibit spoofing calls or texts originating outside the U.S.,
requires the Commission to conduct a rulemaking within 18
months of enactment, requires the FCC to work with the FTC to
educate consumers on identifying spoofed calls, and directs the
Comptroller General of the United States to conduct a study on
fraudulent, misleading, or inaccurate caller ID info.
Section 504. Report on promoting Broadband Internet Access Service for
veterans
This section would require the FCC to ask for public
comment and then submit a report to Congress with specific
recommendations on how the Commission can promote Broadband
Internet Access Service among veterans, especially low-income
veterans and those who reside in rural areas.
Section 505. Methodology for collection of mobile service coverage data
This section would require the FCC to promulgate
regulations to improve the methodology the FCC uses to collect
commercial mobile service data used for making Commission
decision. The Committee recognizes that data collection from
communications providers is not cost-free and the burdens
associated with existing data collection obligations can be
significant, particularly for small providers. The Committee
directs the Commission to evaluate whether commercial sources
of coverage and performance data can provide the necessary data
in a manner that is timely and cost-effective. If the
Commission determines that commercial solutions can be procured
at a lower cost than the aggregate cost to industry of current
or contemplated regulatory obligations, the Commission should
choose the more efficient alternatives.
Section 506. Accuracy of dispatchable location for 9-1-1 calls
This section would direct the FCC to conduct a proceeding
within 18 months of enactment that ensures dispatchable
location is conveyed with a 9-1-1 call, regardless of the
technological platform used, including calls from multi-line
telephone systems.
Section 507. NTIA Study on interagency process following cybersecurity
incidents
This section would require National Telecommunications and
Information Administration (NTIA) to complete a study on how it
can best coordinate the inter-agency process following
cybersecurity incidents and report to Congress on its findings
within 18 months.
The Committee recognizes the critical role that the
National Telecommunications and Information Administration
(NTIA) plays in developing and pursuing policies to foster
national safety and security, including in the key area of
cybersecurity. 47 U.S.C. Sec. 901(c)(2). In addition to its
role as the principal adviser to the President on information
and communication policies, id. Sec. Sec. 901(b)(6),
902(b)(2)(D), including security and privacy policy, id.
Sec. 902(b)(2)(H), NTIA plays a vital role in cybersecurity
policy through its industry and stakeholder convenings to
address pressing cybersecurity challenges, id. Sec. 904(b).
Section 508. Tribal digital access
This section would direct the FCC to submit a report to
Congress evaluating broadband coverage in Indian country and to
carry out a rulemaking to address the unserved areas identified
in the report.
TITLE VI--VIEWER PROTECTION
Section 601. Reserve source for payment of TV broadcaster relocation
costs
This section would establish a Broadcast Repack Fund in the
Treasury of the United States to pay repacking costs for full
power television stations pursuant to section 6403 of the
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1452). Consistent with the FCC's Incentive Auction Task Force
memorandum\19\ on incentive auction funding, the Committee
believes $750,000,000 is necessary to sufficiently fund the
repack for full power television stations.
---------------------------------------------------------------------------
\19\See, Incentive Auction Task Force, Memorandum on Funding for
Incentive Auction Repack, February 28, 2018.
---------------------------------------------------------------------------
Section 602. Payment of relocation costs of television translator
stations and low power television stations
This section would establish a Translator and Low Power
Station Relocation Fund in the Treasury of the United States to
reimburse costs reasonably incurred by a television translator
station or low power television station, to relocate its
television service from one channel to another channel as a
result of the broadcast incentive auction. Consistent with the
FCC's Incentive Auction Task Force memorandum\20\ on incentive
auction funding, the Committee believes $150,000,000 is
necessary to sufficiently fund the repack for television
translator station or low power television stations.
---------------------------------------------------------------------------
\20\Id.
---------------------------------------------------------------------------
In conducting rulemakings or other proceedings under this
section, the Committee instructs the Commission to consider
whether stations may be eligible for reimbursement from the
Translator and Low Power Station Relocation Fund or the
Broadcast Repack Fund for costs reasonably incurred to move or
reconfigure studio-to-transmitter links or to replace studio-
to-transmitter links that are no longer available because they
previously operated in the new 600 MHz wireless band.
Section 603. Payment of relocation costs of FM broadcast stations
This section would establish a FM Broadcast Station
Relocation Fund in the Treasury of the United States to
reimburse costs reasonably incurred by an FM broadcast station
for facilities necessary to reasonably minimize disruption of
service as a result of the broadcast incentive auction.
Consistent with the FCC's Incentive Auction Task Force
memorandum\21\ on incentive auction funding, the Committee
believes $50,000,000 is necessary to sufficiently fund the
repack for FM broadcast stations.
---------------------------------------------------------------------------
\21\Id.
---------------------------------------------------------------------------
Section 604. Consumer education payment
This section would establish a Broadcast Station Relocation
Consumer Education Fund in the Treasury of the United States to
make payments for the purposes of consumer education relating
to the broadcast incentive auction. To the greatest extent
practicable, the Commission should coordinate any consumer
education efforts with the broadcast industry. Consistent with
the FCC's Incentive Auction Task Force memorandum\22\ on
incentive auction funding, the Committee believes $50,000,000
is necessary to sufficiently fund consumer education relating
to the broadcast incentive auction.
---------------------------------------------------------------------------
\22\Id.
---------------------------------------------------------------------------
Section 605. Implementation and enforcement
This section would direct the FCC to implement and enforce
this title as if it is a part of the Communications Act (47
U.S.C. 151 et seq.).
Section 606. Rule of construction
This section would provide that nothing in this title shall
alter the final transition phase completion date established by
the Commission for full power and Class A television stations.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
COMMUNICATIONS ACT OF 1934
TITLE I--GENERAL PROVISIONS
* * * * * * *
SEC. 4. 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.]
(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)] (k) 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)] (l) 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)] (m) 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)] (n) 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.
(o) In the case of any item that is adopted by vote of the
Commission, the Commission shall publish on the Internet
website of the Commission the text of such item not later than
7 days after the Secretary of the Commission has received
dissenting statements from all Commissioners wishing to submit
such a statement with respect to such item.
* * * * * * *
[SEC. 6. 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.
[(d) 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. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated
to the Commission to carry out the functions of the Commission
$322,035,000 for each of the fiscal years 2019 and 2020.
(b) Offsetting Collections.--
(1) In general.--The sum appropriated in any fiscal
year to carry out the activities described in
subsection (a), to the extent and in the amounts
provided for in advance in Appropriations Acts, shall
be derived from fees authorized by section 9.
(2) Deposit of collections.--Amounts received from
fees authorized by section 9 shall be deposited as an
offsetting collection in, and credited to, the account
through which funds are made available to carry out the
activities described in subsection (a).
(3) Deposit of excess collections.--Any fees
collected in excess of the total amount of fees
provided for in Appropriations Acts for a fiscal year
shall be deposited in the general fund of the Treasury
of the United States for the sole purpose of deficit
reduction.
* * * * * * *
[SEC. 8. 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.
[(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. 9. REGULATORY FEES.
[(a) General Authority.--
[(1) Recovery of costs.--The Commission, in
accordance with this section, shall assess and collect
regulatory fees to recover the costs of the following
regulatory activities of the Commission: enforcement
activities, policy and rulemaking activities, user
information services, and international activities.
[(2) Fees contingent on appropriations.--The fees
described in paragraph (1) of this subsection shall be
collected only if, and only in the total amounts,
required in Appropriations Acts.
[(b) Establishment and Adjustment of Regulatory Fees.--
[(1) In general.--The fees assessed under subsection
(a) shall--
[(A) be derived by determining the full-time
equivalent number of employees performing the
activities described in subsection (a) within
the Private Radio Bureau, Mass Media Bureau,
Common Carrier Bureau, and other offices of the
Commission, adjusted to take into account
factors that are reasonably related to the
benefits provided to the payor of the fee by
the Commission's activities, including such
factors as service area coverage, shared use
versus exclusive use, and other factors that
the Commission determines are necessary in the
public interest;
[(B) be established at amounts that will
result in collection, during each fiscal year,
of an amount that can reasonably be expected to
equal the amount appropriated for such fiscal
year for the performance of the activities
described in subsection (a); and
[(C) until adjusted or amended by the
Commission pursuant to paragraph (2) or (3), be
the fees established by the Schedule of
Regulatory Fees in subsection (g).
[(2) Mandatory adjustment of schedule.--For any
fiscal year after fiscal year 1994, the Commission
shall, by rule, revise the Schedule of Regulatory Fees
by proportionate increases or decreases to reflect, in
accordance with paragraph (1)(B), changes in the amount
appropriated for the performance of the activities
described in subsection (a) for such fiscal year. Such
proportionate increases or decreases shall--
[(A) be adjusted to reflect, within the
overall amounts described in appropriations
Acts under the authority of paragraph (1)(A),
unexpected increases or decreases in the number
of licensees or units subject to payment of
such fees; and
[(B) be established at amounts that will
result in collection of an aggregate amount of
fees pursuant to this section that can
reasonably be expected to equal the aggregate
amount of fees that are required to be
collected by appropriations Acts pursuant to
paragraph (1)(B).
Increases or decreases in fees made by adjustments
pursuant to this paragraph shall not be subject to
judicial review. In making adjustments pursuant to this
paragraph the Commission may round such fees to the
nearest $5 in the case of fees under $1,000, or to the
nearest $25 in the case of fees of $1,000 or more.
[(3) Permitted amendments.--In addition to the
adjustments required by paragraph (2), the Commission
shall, by regulation, amend the Schedule of Regulatory
Fees if the Commission determines that the Schedule
requires amendment to comply with the requirements of
paragraph (1)(A). In making such amendments, the
Commission shall add, delete, or reclassify services in
the Schedule to reflect additions, deletions, or
changes in the nature of its services as a consequence
of Commission rulemaking proceedings or changes in law.
Increases or decreases in fees made by amendments
pursuant to this paragraph shall not be subject to
judicial review.
[(4) Notice to congress.--The Commission shall--
[(A) transmit to the Congress notification of
any adjustment made pursuant to paragraph (2)
immediately upon the adoption of such
adjustment; and
[(B) transmit to the Congress notification of
any amendment made pursuant to paragraph (3)
not later than 90 days before the effective
date of such amendment.
[(c) Enforcement.--
[(1) Penalties for late payment.--The Commission
shall prescribe by regulation an additional charge
which shall be assessed as a penalty for late payment
of fees required by subsection (a) of this section.
Such penalty shall be 25 percent of the amount of the
fee which was not paid in a timely manner.
[(2) Dismissal of applications for filings.--The
Commission may dismiss any application or other filing
for failure to pay in a timely manner any fee or
penalty under this section.
[(3) Revocations.--In addition to or in lieu of the
penalties and dismissals authorized by paragraphs (1)
and (2), the Commission may revoke any instrument of
authorization held by any entity that has failed to
make payment of a regulatory fee assessed pursuant to
this section. Such revocation action may be taken by
the Commission after notice of the Commission's intent
to take such action is sent to the licensee by
registered mail, return receipt requested, at the
licensee's last known address. The notice will provide
the licensee at least 30 days to either pay the fee or
show cause why the fee does not apply to the licensee
or should otherwise be waived or payment deferred. A
hearing is not required under this subsection unless
the licensee's response presents a substantial and
material question of fact. In any case where a hearing
is conducted pursuant to this section, the hearing
shall be based on written evidence only, and the burden
of proceeding with the introduction of evidence and the
burden of proof shall be on the licensee. Unless the
licensee substantially prevails in the hearing, the
Commission may assess the licensee for the costs of
such hearing. Any Commission order adopted pursuant to
this subsection shall determine the amount due, if any,
and provide the licensee with at least 30 days to pay
that amount or have its authorization revoked. No order
of revocation under this subsection shall become final
until the licensee has exhausted its right to judicial
review of such order under section 402(b)(5) of this
title.
[(d) Waiver, Reduction, and Deferment.--The Commission may
waive, reduce, or defer payment of a fee in any specific
instance for good cause shown, where such action would promote
the public interest.
[(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) Regulations.--
[(1) In general.--The Commission shall prescribe
appropriate rules and regulations to carry out the
provisions of this section.
[(2) Installment payments.--Such rules and
regulations shall permit payment by installments in the
case of fees in large amounts, and in the case of fees
in small amounts, shall require the payment of the fee
in advance for a number of years not to exceed the term
of the license held by the payor.
[(g) Schedule.--Until amended by the Commission pursuant to
subsection (b), the Schedule of Regulatory Fees which the
Federal Communications Commission shall, subject to subsection
(a)(2), assess and collect shall be as follows:
[Schedule of Regulatory Fees
------------------------------------------------------------------------
Annual
[Bureau/Category Regulatory
Fee
------------------------------------------------------------------------
[Private Radio Bureau
Exclusive use services (per license)
Land Mobile (above 470 MHz, Base Station and SMRS) (47 $16
C.F.R. Part 90).......................................
Microwave (47 C.F.R. Part 94).......................... 16
Interactive Video Data Service (47 C.F.R. Part 95)..... 16
Shared use services (per license unless otherwise noted) 7
Amateur vanity call-signs............................... 7
Mass Media Bureau (per license)
AM radio (47 C.F.R. Part 73)
Class D Daytime........................................ 250
Class A Fulltime....................................... 900
Class B Fulltime....................................... 500
Class C Fulltime....................................... 200
Construction permits................................... 100
FM radio (47 C.F.R. Part 73)
Classes C, C1, C2, B................................... 900
Classes A, B1, C3...................................... 600
Construction permits................................... 500
TV (47 C.F.R. Part 73)
VHF Commercial
Markets 1 thru 10..................................... 18,000
Markets 11 thru 25.................................... 16,000
Markets 26 thru 50.................................... 12,000
Markets 51 thru 100................................... 8,000
Remaining Markets..................................... 5,000
Construction permits.................................. 4,000
UHF Commercial
Markets 1 thru 10..................................... 14,400
Markets 11 thru 25.................................... 12,800
Markets 26 thru 50.................................... 9,600
Markets 51 thru 100................................... 6,400
Remaining Markets..................................... 4,000
Construction permits.................................. 3,200
Low Power TV, TV Translator, and TV Booster (47 C.F.R. 135
Part 74)...............................................
Broadcast Auxiliary (47 C.F.R. Part 74)................. 25
International (HF) Broadcast (47 C.F.R. Part 73)........ 200
Cable Antenna Relay Service (47 C.F.R. Part 78)......... 220
Cable Television System (per 1,000 subscribers) (47 370
C.F.R. Part 76)........................................
Common Carrier Bureau
Radio Facilities
Cellular Radio (per 1,000 subscribers) (47 C.F.R. Part 60
22)...................................................
Personal Communications (per 1,000 subscribers) (47 60
C.F.R.)...............................................
Space Station (per operational station in 65,000
geosynchronous orbit) (47 C.F.R. Part 25).............
Space Station (per system in low-earth orbit) (47 90,000
C.F.R. Part 25).......................................
Public Mobile (per 1,000 subscribers) (47 C.F.R. Part 60
22)...................................................
Domestic Public Fixed (per call sign) (47 C.F.R. Part 55
21)...................................................
International Public Fixed (per call sign) (47 C.F.R. 110
Part 23)..............................................
Earth Stations (47 C.F.R. Part 25)
VSAT and equivalent C-Band antennas (per 100 antennas). 6
Mobile satellite earth stations (per 100 antennas)..... 6
Earth station antennas
Less than 9 meters (per 100 antennas)................. 6
9 Meters or more
Transmit/Receive and Transmit Only (per meter)....... 85
Receive only (per meter)............................. 55
Carriers
Inter-Exchange Carrier (per 1,000 presubscribed access 60
lines).................................................
Local Exchange Carrier (per 1,000 access lines)......... 60
Competitive access provider (per 1,000 subscribers)..... 60
International circuits (per 100 active 64KB circuit or 220
equivalent)............................................
------------------------------------------------------------------------
[(h) Exceptions.--The charges established under this section
shall not be applicable to (1) governmental entities or
nonprofit entities; or (2) to amateur radio operator licenses
under part 97 of the Commission's regulations (47 C.F.R. Part
97).
[(i) Accounting System.--The Commission shall develop
accounting systems necessary to making the adjustments
authorized by subsection (b)(3). In the Commission's annual
report, the Commission shall prepare an analysis of its
progress in developing such systems and shall afford interested
persons the opportunity to submit comments concerning the
allocation of the costs of performing the functions described
in subsection (a) among the services in the Schedule.]
SEC. 9. APPLICATION AND REGULATORY FEES.
(a) General Authority.--The Commission shall assess and
collect application fees and regulatory fees to recover the
costs of carrying out the activities described in section 6(a)
only to the extent and in the amounts provided for in advance
in Appropriations Acts.
(b) Application Fees.--
(1) In general.--The Commission shall assess and
collect application fees at such rates as the
Commission shall establish in a schedule of application
fees to recover the costs of the Commission to process
applications.
(2) Adjustment of schedule.--
(A) In general.--In every even-numbered year,
the Commission shall review the schedule of
application fees established under this
subsection and, except as provided in
subparagraph (B), set a new amount for each fee
in the schedule that is equal to the amount of
the fee on the date when the fee was
established or the date when the fee was last
amended under paragraph (3), whichever is
later--
(i) increased or decreased by the
percentage change in the Consumer Price
Index during the period beginning on
such date and ending on the date of the
review; and
(ii) rounded to the nearest $5
increment.
(B) Threshold for adjustment.--The Commission
may not adjust a fee under subparagraph (A)
if--
(i) in the case of a fee the current
amount of which is less than $200, the
adjustment would result in a change in
the current amount of less than $10; or
(ii) in the case of a fee the current
amount of which is $200 or more, the
adjustment would result in a change in
the current amount of less than 5
percent.
(C) Current amount defined.--In subparagraph
(B), the term ``current amount'' means, with
respect to a fee, the amount of the fee on the
date when the fee was established, the date
when the fee was last adjusted under
subparagraph (A), or the date when the fee was
last amended under paragraph (3), whichever is
latest.
(3) Amendments.--In addition to the adjustments
required by paragraph (2), the Commission shall by rule
amend the schedule of application fees established
under this subsection if the Commission determines that
the schedule requires amendment so that such fees
reflect increases or decreases in the costs of
processing applications at the Commission and the
consolidation or addition of new categories of
applications.
(c) Regulatory Fees.--
(1) In general.--The Commission shall assess and
collect regulatory fees at such rates as the Commission
shall establish in a schedule of regulatory fees that
will result in the collection, in each fiscal year, of
an amount that can reasonably be expected to equal the
difference between--
(A) the amounts described in subsection (a)
with respect to such fiscal year; and
(B) the amount of application fees reasonably
expected to be collected in such fiscal year.
(2) Adjustment of schedule.--
(A) In general.--For each fiscal year, the
Commission shall by rule adjust the schedule of
regulatory fees established under this
subsection to--
(i) reflect unexpected increases or
decreases in the number of units
subject to the payment of such fees;
and
(ii) result in the collection of the
amount required by paragraph (1).
(B) Rounding.--In making adjustments under
this paragraph, the Commission may round fees
to the nearest $5 increment.
(3) Amendments.--In addition to the adjustments
required by paragraph (2), the Commission shall by rule
amend the schedule of regulatory fees established under
this subsection if the Commission determines that the
schedule requires amendment so that such fees reflect
the full-time equivalent number of employees within the
bureaus and offices of the Commission, adjusted to take
into account factors that are reasonably related to the
benefits provided to the payor of the fee by the
Commission's activities. In making an amendment under
this paragraph, the Commission may not change the total
amount of regulatory fees required by paragraph (1) to
be collected in a fiscal year.
(d) Judicial Review Prohibited.--An adjustment or amendment
to a schedule of fees under subsection (b) or (c) is not
subject to judicial review.
(e) Notice to Congress.--The Commission shall transmit to
Congress notification--
(1) of any adjustment under subsection (b)(2) or
(c)(2) immediately upon the adoption of such
adjustment; and
(2) of any amendment under subsection (b)(3) or
(c)(3) not later than 90 days before the effective date
of such amendment.
(f) Enforcement.--
(1) Penalties for late payment.--The Commission shall
by rule prescribe a penalty for late payment of fees
under this section. Such penalty shall be 25 percent of
the amount of the fee that was not paid in a timely
manner.
(2) Interest on unpaid fees and penalties.--The
Commission shall charge interest, at a rate determined
under section 3717 of title 31, United States Code, on
a fee or penalty under this section that is not paid in
a timely manner. Such section 3717 shall not otherwise
apply with respect to a fee or penalty under this
section.
(3) Dismissal of applications or filings.--The
Commission may dismiss any application or other filing
for failure to pay in a timely manner any fee,
interest, or penalty under this section.
(4) Revocations.--
(A) In general.--In addition to or in lieu of
the penalties and dismissals authorized by
paragraphs (1) and (3), the Commission may
revoke any instrument of authorization held by
any licensee that has not paid in a timely
manner a regulatory fee assessed under this
section or any related interest or penalty.
(B) Notice.--Revocation action may be taken
by the Commission under this paragraph after
notice of the Commission's intent to take such
action is sent to the licensee by registered
mail, return receipt requested, at the
licensee's last known address. The notice shall
provide the licensee at least 30 days to either
pay the fee, interest, and any penalty or show
cause why the fee, interest, or penalty does
not apply to the licensee or should otherwise
be waived or payment deferred.
(C) Hearing.--
(i) Generally not required.--A
hearing is not required under this
paragraph unless the licensee's
response presents a substantial and
material question of fact.
(ii) Evidence and burdens.--In any
case where a hearing is conducted under
this paragraph, the hearing shall be
based on written evidence only, and the
burden of proceeding with the
introduction of evidence and the burden
of proof shall be on the licensee.
(iii) Costs.--Unless the licensee
substantially prevails in the hearing,
the Commission may assess the licensee
for the costs of such hearing.
(D) Opportunity to pay prior to revocation.--
Any Commission order adopted under this
paragraph shall determine the amount due, if
any, and provide the licensee with at least 30
days to pay that amount or have its
authorization revoked.
(E) Finality.--No order of revocation under
this paragraph shall become final until the
licensee has exhausted its right to judicial
review of such order under section 402(b)(5).
(g) Waiver, Reduction, and Deferment.--The Commission may
waive, reduce, or defer payment of a fee, interest charge, or
penalty in any specific instance for good cause shown, if such
action would promote the public interest.
(h) Payment Rules.--The Commission shall by rule permit
payment--
(1) in the case of fees in large amounts, by
installments; and
(2) in the case of fees in small amounts, in advance
for a number of years not to exceed the term of the
license held by the payor.
(i) Exceptions.--
(1) Parties to which fees are not applicable.--
(A) Application fees.--The application fees
established under this section shall not be
applicable to--
(i) a governmental entity;
(ii) a nonprofit entity licensed in
the Local Government, Police, Fire,
Highway Maintenance, Forestry-
Conservation, Public Safety, or Special
Emergency Radio service; or
(iii) a noncommercial radio station
or noncommercial television station.
(B) Regulatory fees.--The regulatory fees
established under this section shall not be
applicable to--
(i) a governmental entity or
nonprofit entity;
(ii) an amateur radio operator
licensee under part 97 of the
Commission's rules (47 C.F.R. part 97);
or
(iii) a noncommercial radio station
or noncommercial television station.
(2) Cost of collection.--
(A) Application fees.--If, in the judgment of
the Commission, the cost of collecting an
application fee established under this section
would exceed the amount collected, the
Commission may by rule eliminate such fee.
(B) Regulatory fees.--If, in the judgment of
the Commission, the cost of collecting a
regulatory fee established under this section
from a party would exceed the amount collected
from such party, the Commission may exempt such
party from paying such fee.
(j) Accounting System.--The Commission shall develop
accounting systems necessary to make the amendments authorized
by subsections (b)(3) and (c)(3).
* * * * * * *
SEC. 13. TRANSPARENCY AND EFFICIENCY.
(a) Initial Rulemaking and Inquiry.--
(1) Rulemaking.--Not later than 1 year after the date
of the enactment of this section, the Commission shall
complete a rulemaking proceeding and adopt procedural
changes to its rules to maximize opportunities for
public participation and efficient decisionmaking.
(2) Requirements for rulemaking.--The rules adopted
under paragraph (1) shall--
(A) set minimum comment periods for comment
and reply comment, subject to a determination
by the Commission that good cause exists for
departing from such minimum comment periods,
for--
(i) significant regulatory actions,
as defined in Executive Order No.
12866; and
(ii) all other rulemaking
proceedings;
(B) establish policies concerning the
submission of extensive new comments, data, or
reports towards the end of the comment period
in the proceedings described in clauses (i) and
(ii) of subparagraph (A);
(C) establish policies regarding treatment of
comments, ex parte communications, and data or
reports (including statistical reports and
reports to Congress) submitted after the
comment period in the proceedings described in
clauses (i) and (ii) of subparagraph (A) to
ensure that the public has adequate notice of
and opportunity to respond to such submissions
before the Commission relies on such
submissions in any order, decision, report, or
action;
(D) establish procedures for, not later than
14 days after the end of each quarter of a
calendar year (or more frequently, as the
Commission considers appropriate), publishing
on the Internet website of the Commission and
submitting to Congress a report that contains--
(i) the status of open rulemaking
proceedings and proposed orders,
decisions, reports, or actions on
circulation for review by the
Commissioners, including which
Commissioners have not cast a vote on
an order, decision, report, or action
that has been on circulation for more
than 60 days;
(ii) for the petitions, applications,
complaints, and other requests for
action by the Commission that were
pending at the Commission on the last
day of such quarter (or more frequent
period, as the case may be)--
(I) the number of such
requests, broken down by the
bureau primarily responsible
for action and, for each
bureau, the type of request
(such as a petition,
application, or complaint); and
(II) information regarding
the amount of time for which
such requests have been
pending, broken down as
described in subclause (I); and
(iii) a list of the congressional
investigations of the Commission that
were pending on the last day of such
quarter (or more frequent period, as
the case may be) and the cost of such
investigations, individually and in the
aggregate;
(E) establish deadlines (relative to the date
of filing) for--
(i) in the case of a petition for a
declaratory ruling under section 1.2 of
title 47, Code of Federal Regulations,
issuing a public notice of such
petition;
(ii) in the case of a petition for
rulemaking under section 1.401 of such
title, issuing a public notice of such
petition; and
(iii) in the case of a petition for
reconsideration under section 1.106 or
1.429 of such title or an application
for review under section 1.115 of such
title, issuing a public notice of a
decision on the petition or application
by the Commission or under delegated
authority (as the case may be);
(F) establish guidelines (relative to the
date of filing) for the disposition of
petitions filed under section 1.2 of such
title;
(G) establish procedures for the inclusion of
the specific language of the proposed rule or
the proposed amendment of an existing rule in a
notice of proposed rulemaking; and
(H) require notices of proposed rulemaking
and orders adopting a rule or amending an
existing rule that--
(i) create (or propose to create) a
program activity to contain performance
measures for evaluating the
effectiveness of the program activity;
and
(ii) substantially change (or propose
to substantially change) a program
activity to contain--
(I) performance measures for
evaluating the effectiveness of
the program activity as changed
(or proposed to be changed); or
(II) a finding that existing
performance measures will
effectively evaluate the
program activity as changed (or
proposed to be changed).
(3) Inquiry.--Not later than 1 year after the date of
the enactment of this section, the Commission shall
complete an inquiry to seek public comment on whether
and how the Commission should--
(A) establish procedures for allowing a
bipartisan majority of Commissioners to place
an order, decision, report, or action on the
agenda of an open meeting;
(B) establish procedures for informing all
Commissioners of a reasonable number of options
available to the Commission for resolving a
petition, complaint, application, rulemaking,
or other proceeding;
(C) establish procedures for ensuring that
all Commissioners have adequate time, prior to
being required to decide a petition, complaint,
application, rulemaking, or other proceeding
(including at a meeting held pursuant to
section 5(d)), to review the proposed
Commission decision document, including the
specific language of any proposed rule or any
proposed amendment of an existing rule;
(D) establish procedures for publishing the
text of agenda items to be voted on at an open
meeting in advance of such meeting so that the
public has the opportunity to read the text
before a vote is taken;
(E) establish deadlines (relative to the date
of filing) for disposition of applications for
a license under section 1.913 of title 47, Code
of Federal Regulations;
(F) assign resources needed in order to meet
the deadlines described in subparagraph (E),
including whether the Commission's ability to
meet such deadlines would be enhanced by
assessing a fee from applicants for such a
license; and
(G) except as otherwise provided in section
4(o), publish each order, decision, report, or
action not later than 30 days after the date of
the adoption of such order, decision, report,
or action.
(4) Data for performance measures.--The Commission
shall develop a performance measure or proposed
performance measure required by this subsection to
rely, where possible, on data already collected by the
Commission.
(5) GAO audit.--Not less frequently than every 6
months, the Comptroller General of the United States
shall audit the cost estimates provided by the
Commission under paragraph (2)(D)(iii) during the
preceding 6-month period.
(b) Periodic Review.--On the date that is 5 years after the
completion of the rulemaking proceeding under subsection
(a)(1), and every 5 years thereafter, the Commission shall
initiate a new rulemaking proceeding to continue to consider
such procedural changes to its rules as may be in the public
interest to maximize opportunities for public participation and
efficient decisionmaking.
(c) Nonpublic Collaborative Discussions.--
(1) In general.--Notwithstanding section 552b of
title 5, United States Code, a bipartisan majority of
Commissioners may hold a meeting that is closed to the
public to discuss official business if--
(A) a vote or any other agency action is not
taken at such meeting;
(B) each person present at such meeting is a
Commissioner, an employee of the Commission, a
member of a joint board or conference
established under section 410, or a person on
the staff of such a joint board or conference
or of a member of such a joint board or
conference; and
(C) an attorney from the Office of General
Counsel of the Commission is present at such
meeting.
(2) Disclosure of nonpublic collaborative
discussions.--Not later than 2 business days after the
conclusion of a meeting held under paragraph (1), the
Commission shall publish a disclosure of such meeting,
including--
(A) a list of the persons who attended such
meeting; and
(B) a summary of the matters discussed at
such meeting, except for such matters as the
Commission determines may be withheld under
section 552b(c) of title 5, United States Code.
(3) Preservation of open meetings requirements for
agency action.--Nothing in this subsection shall limit
the applicability of section 552b of title 5, United
States Code, with respect to a meeting of Commissioners
other than that described in paragraph (1).
(d) Access to Certain Information on Commission's Website.--
The Commission shall provide direct access from the homepage of
its website to--
(1) detailed information regarding--
(A) the budget of the Commission for the
current fiscal year;
(B) the appropriations for the Commission for
such fiscal year; and
(C) the total number of full-time equivalent
employees of the Commission; and
(2) the performance plan most recently made available
by the Commission under section 1115(b) of title 31,
United States Code.
(e) Internet Publication of Certain FCC Policies and
Procedures.--The chairman of the Commission shall--
(1) publish on the Internet website of the Commission
any policies or procedures of the Commission that--
(A) are established by the chairman; and
(B) relate to the functioning of the
Commission or the handling of the agenda of the
Commission; and
(2) update such publication not later than 48 hours
after the chairman makes changes to any such policies
or procedures.
(f) Federal Register Publication.--
(1) In general.--In the case of any document adopted
by the Commission that the Commission is required,
under any provision of law, to publish in the Federal
Register, the Commission shall, not later than the date
described in paragraph (2), complete all Commission
actions necessary for such document to be so published.
(2) Date described.--The date described in this
paragraph is the earlier of--
(A) the day that is 45 days after the date of
the release of the document; or
(B) the day by which such actions must be
completed to comply with any deadline under any
other provision of law.
(3) No effect on deadlines for publication in other
form.--In the case of a deadline that does not specify
that the form of publication is publication in the
Federal Register, the Commission may comply with such
deadline by publishing the document in another form.
Such other form of publication does not relieve the
Commission of any Federal Register publication
requirement applicable to such document, including the
requirement of paragraph (1).
(g) Consumer Complaint Database.--
(1) In general.--In evaluating and processing
consumer complaints, the Commission shall present
information about such complaints in a publicly
available, searchable database on its website that--
(A) facilitates easy use by consumers; and
(B) to the extent practicable, is sortable
and accessible by--
(i) the date of the filing of the
complaint;
(ii) the topic of the complaint;
(iii) the party complained of; and
(iv) other elements that the
Commission considers in the public
interest.
(2) Duplicative complaints.--In the case of multiple
complaints arising from the same alleged misconduct,
the Commission shall be required to include only
information concerning one such complaint in the
database described in paragraph (1) and shall take any
other steps the Commission finds prudent to avoid
publishing inaccurate or misleading data.
(h) Form of Publication.--
(1) In general.--In complying with a requirement of
this section to publish a document, the Commission
shall publish such document on its website, in addition
to publishing such document in any other form that the
Commission is required to use or is permitted to and
chooses to use.
(2) Exception.--The Commission shall by rule
establish procedures for redacting documents required
to be published by this section so that the published
versions of such documents do not contain--
(A) information the publication of which
would be detrimental to national security,
homeland security, law enforcement, or public
safety; or
(B) information that is proprietary or
confidential.
(i) Transparency Relating to Performance in Meeting FOIA
Requirements.--The Commission shall take additional steps to
inform the public about its performance and efficiency in
meeting the disclosure and other requirements of section 552 of
title 5, United States Code (commonly referred to as the
Freedom of Information Act), including by doing the following:
(1) Publishing on the Commission's website the
Commission's logs for tracking, responding to, and
managing requests submitted under such section,
including the Commission's fee estimates, fee
categories, and fee request determinations.
(2) Releasing to the public all decisions made by the
Commission (including decisions made by the
Commission's Bureaus and Offices) granting or denying
requests filed under such section, including any such
decisions pertaining to the estimate and application of
fees assessed under such section.
(3) Publishing on the Commission's website electronic
copies of documents released under such section.
(4) Presenting information about the Commission's
handling of requests under such section in the
Commission's annual budget estimates submitted to
Congress and the Commission's annual performance and
financial reports. Such information shall include the
number of requests under such section the Commission
received in the most recent fiscal year, the number of
such requests granted and denied, a comparison of the
Commission's processing of such requests over at least
the previous 3 fiscal years, and a comparison of the
Commission's results with the most recent average for
the United States Government as published on
www.foia.gov.
(j) Prompt Release of Statistical Reports and Reports to
Congress.--Not later than January 15th of each year, the
Commission shall identify, catalog, and publish an anticipated
release schedule for all statistical reports and reports to
Congress that are regularly or intermittently released by the
Commission and will be released during such year.
(k) Annual Scorecard Reports.--
(1) In general.--For the 1-year period beginning on
January 1st of each year, the Commission shall prepare
a report on the performance of the Commission in
conducting its proceedings and meeting the deadlines
established under subsection (a)(2)(E) and the
guidelines established under subsection (a)(2)(F).
(2) Contents.--Each report required by paragraph (1)
shall contain detailed statistics on such performance,
including, with respect to each Bureau of the
Commission--
(A) with respect to each type of filing
specified in subsection (a)(2)(E) or
(a)(2)(F)--
(i) the number of filings that were
pending on the last day of the period
covered by such report;
(ii) the number of filings described
in clause (i) for which each applicable
deadline or guideline established under
such subsection was not met and the
average length of time such filings
have been pending; and
(iii) for filings that were resolved
during such period, the average time
between initiation and resolution and
the percentage for which each
applicable deadline or guideline
established under such subsection was
met;
(B) with respect to proceedings before an
administrative law judge--
(i) the number of such proceedings
completed during such period; and
(ii) the number of such proceedings
pending on the last day of such period;
and
(C) the number of independent studies or
analyses published by the Commission during
such period.
(3) Publication and submission.--The Commission shall
publish and submit to the Committee on Energy and
Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate each report required by paragraph (1) not
later than the date that is 30 days after the last day
of the period covered by such report.
(l) Definitions.--In this section:
(1) Amendment.--The term ``amendment'' includes, when
used with respect to an existing rule, the deletion of
such rule.
(2) Bipartisan majority.--The term ``bipartisan
majority'' means, when used with respect to a group of
Commissioners, that such group--
(A) is a group of three or more
Commissioners; and
(B) includes, for each political party of
which any Commissioner is a member, at least
one Commissioner who is a member of such
political party, and, if any Commissioner has
no political party affiliation, at least one
unaffiliated Commissioner.
(3) Performance measure.--The term ``performance
measure'' means an objective and quantifiable outcome
measure or output measure (as such terms are defined in
section 1115 of title 31, United States Code).
(4) Program activity.--The term ``program activity''
has the meaning given such term in section 1115 of
title 31, United States Code, except that such term
also includes any annual collection or distribution or
related series of collections or distributions by the
Commission of an amount that is greater than or equal
to $100,000,000.
(5) Other definitions.--The terms ``agency action'',
``ex parte communication'', and ``rule'' have the
meanings given such terms in section 551 of title 5,
United States Code.
SEC. 14. COMMUNICATIONS MARKETPLACE REPORT.
(a) In General.--In the last quarter of every even-numbered
year, the Commission shall publish on its website and submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the state of the
communications marketplace.
(b) Contents.--Each report required by subsection (a) shall--
(1) assess the state of competition in the
communications marketplace, including competition to
deliver voice, video, audio, and data services among
providers of telecommunications, providers of
commercial mobile service (as defined in section 332),
multichannel video programming distributors (as defined
in section 602), broadcast stations, providers of
satellite communications, Internet service providers,
and other providers of communications services;
(2) assess the state of deployment of communications
capabilities, including advanced telecommunications
capability (as defined in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302)),
regardless of the technology used for such deployment,
including whether advanced telecommunications
capability is being deployed to all Americans in a
reasonable and timely fashion;
(3) assess whether laws, regulations, or regulatory
practices (whether those of the Federal Government,
States, political subdivisions of States, Indian tribes
or tribal organizations (as such terms are defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), or foreign
governments) pose a barrier to competitive entry into
the communications marketplace or to the competitive
expansion of existing providers of communications
services;
(4) describe the agenda of the Commission for the
next 2-year period for addressing the challenges and
opportunities in the communications marketplace that
were identified through the assessments under
paragraphs (1) through (3); and
(5) describe the actions that the Commission has
taken in pursuit of the agenda described pursuant to
paragraph (4) in the previous report submitted under
this section.
(c) Extension.--If the President designates a Commissioner as
Chairman of the Commission during the last quarter of an even-
numbered year, the portion of the report required by subsection
(b)(4) may be published on the website of the Commission and
submitted to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate as an addendum during the first
quarter of the following odd-numbered year.
(d) Special Requirements.--
(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission
shall consider all forms of competition, including the
effect of intermodal competition, facilities-based
competition, and competition from new and emergent
communications services, including the provision of
content and communications using the Internet.
(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission
shall compile a list of geographical areas that are not
served by any provider of advanced telecommunications
capability.
(3) International comparisons and demographic
information.--The Commission may use readily available
data to draw appropriate comparisons between the United
States communications marketplace and the international
communications marketplace and to correlate its
assessments with demographic information.
(4) Considering small businesses.--In assessing the
state of competition under subsection (b)(1) and
regulatory barriers under subsection (b)(3), the
Commission shall consider market entry barriers for
entrepreneurs and other small businesses in the
communications marketplace in accordance with the
national policy under section 257(b).
(5) Considering cable rates.--In assessing the state
of competition under subsection (b)(1), the Commission
shall include in each report required by subsection (a)
the aggregate average total amount paid by cable
systems in compensation under section 325 during the
period covered by such report.
TITLE II--COMMON CARRIERS
PART I--COMMON CARRIER REGULATION
* * * * * * *
SEC. 215. TRANSACTIONS RELATING TO SERVICES, EQUIPMENT, AND SO FORTH.
(a) The Commission shall examine into transactions entered
into by any common carrier which relate to the furnishing of
equipment, supplies, research, services, finances, credit, or
personnel to such carrier and/or which may affect the changes
made or to be made and/or the services rendered or to be
rendered by such carrier, in wire or radio communications
subject to this Act, and shall report to the Congress whether
any such transactions have affected or are likely to affect
adversely the ability of the carrier to render adequate service
to the public, or may result in any undue or unreasonable
increase in charges or in the maintenance of undue or
unreasonable charges for such service; and in order to fully
examine into such transactions the Commission shall have access
to and the right of inspection and examination of all accounts,
records, and memoranda including all documents, papers, and
correspondence now or hereafter existing, of persons furnishing
such equipment, supplies, research, services, finances, credit,
or personnel. The Commission shall include in its report its
recommendations for necessary legislation in connection with
such transactions, and shall report specifically whether in its
opinion legislation should be enacted (1) authorizing the
Commission to declare any such transactions void or to permit
such transactions to be carried out subject to such
modification of their terms and conditions as the Commission
shall deem desirable in the public interest; and/or (2)
subjecting such transactions to the approval of the Commission
where the person furnishing or seeking to furnish the
equipment, supplies, research, service, finances, credit or
personnel is a person directly or indirectly controlling or
controlled by, or under direct or indirect common control with,
such carrier; and/or (3) authorizing the Commission to require
that all or any transactions of carriers involving the
furnishing of equipment, supplies, research, services,
finances, credit, or personnel to such carrier be upon
competitive bids on such terms and conditions and subject to
such regulations as it shall prescribe as necessary in the
public interest.
[(b) The Commission shall investigate the methods by which
and the extent to which wire telephone companies are furnishing
wire telegraph service and wire telegraph companies are
furnishing wire telephone service, and shall report its
findings to Congress together with its recommendations as to
whether additional legislation on this subject is desirable.
[(c)] (b) The Commission shall examine all contracts of
common carriers subject to this Act which prevent the other
party thereto from dealing with another common carrier subject
to this Act, and shall report its findings to Congress,
together with its recommendations as to whether additional
legislation on this subject is desirable.
* * * * * * *
SEC. 227. RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT.
(a) Definitions.--As used in this section--
(1) The term ``automatic telephone dialing system''
means equipment which has the capacity--
(A) to store or produce telephone numbers to
be called, using a random or sequential number
generator; and
(B) to dial such numbers.
(2) The term ``established business relationship'',
for purposes only of subsection (b)(1)(C)(i), shall
have the meaning given the term in section 64.1200 of
title 47, Code of Federal Regulations, as in effect on
January 1, 2003, except that--
(A) such term shall include a relationship
between a person or entity and a business
subscriber subject to the same terms applicable
under such section to a relationship between a
person or entity and a residential subscriber;
and
(B) an established business relationship
shall be subject to any time limitation
established pursuant to paragraph (2)(G)).
(3) The term ``telephone facsimile machine'' means
equipment which has the capacity (A) to transcribe text
or images, or both, from paper into an electronic
signal and to transmit that signal over a regular
telephone line, or (B) to transcribe text or images (or
both) from an electronic signal received over a regular
telephone line onto paper.
(4) The term ``telephone solicitation'' means the
initiation of a telephone call or message for the
purpose of encouraging the purchase or rental of, or
investment in, property, goods, or services, which is
transmitted to any person, but such term does not
include a call or message (A) to any person with that
person's prior express invitation or permission, (B) to
any person with whom the caller has an established
business relationship, or (C) by a tax exempt nonprofit
organization.
(5) The term ``unsolicited advertisement'' means any
material advertising the commercial availability or
quality of any property, goods, or services which is
transmitted to any person without that person's prior
express invitation or permission, in writing or
otherwise.
(b) Restrictions on the Use of Automated Telephone
Equipment.--
(1) Prohibitions.--It shall be unlawful for any
person within the United States, or any person outside
the United States if the recipient is within the United
States--
(A) to make any call (other than a call made
for emergency purposes or made with the prior
express consent of the called party) using any
automatic telephone dialing system or an
artificial or prerecorded voice--
(i) to any emergency telephone line
(including any ``911'' line and any
emergency line of a hospital, medical
physician or service office, health
care facility, poison control center,
or fire protection or law enforcement
agency);
(ii) to the telephone line of any
guest room or patient room of a
hospital, health care facility, elderly
home, or similar establishment; or
(iii) to any telephone number
assigned to a paging service, cellular
telephone service, specialized mobile
radio service, or other radio common
carrier service, or any service for
which the called party is charged for
the call, unless such call is made
solely to collect a debt owed to or
guaranteed by the United States;
(B) to initiate any telephone call to any
residential telephone line using an artificial
or prerecorded voice to deliver a message
without the prior express consent of the called
party, unless the call is initiated for
emergency purposes, is made solely pursuant to
the collection of a debt owed to or guaranteed
by the United States, or is exempted by rule or
order by the Commission under paragraph (2)(B);
(C) to use any telephone facsimile machine,
computer, or other device to send, to a
telephone facsimile machine, an unsolicited
advertisement, unless--
(i) the unsolicited advertisement is
from a sender with an established
business relationship with the
recipient;
(ii) the sender obtained the number
of the telephone facsimile machine
through--
(I) the voluntary
communication of such number,
within the context of such
established business
relationship, from the
recipient of the unsolicited
advertisement, or
(II) a directory,
advertisement, or site on the
Internet to which the recipient
voluntarily agreed to make
available its facsimile number
for public distribution,
except that this clause shall not apply
in the case of an unsolicited
advertisement that is sent based on an
established business relationship with
the recipient that was in existence
before the date of enactment of the
Junk Fax Prevention Act of 2005 if the
sender possessed the facsimile machine
number of the recipient before such
date of enactment; and
(iii) the unsolicited advertisement
contains a notice meeting the
requirements under paragraph (2)(D),
except that the exception under clauses (i) and
(ii) shall not apply with respect to an
unsolicited advertisement sent to a telephone
facsimile machine by a sender to whom a request
has been made not to send future unsolicited
advertisements to such telephone facsimile
machine that complies with the requirements
under paragraph (2)(E); or
(D) to use an automatic telephone dialing
system in such a way that two or more telephone
lines of a multi-line business are engaged
simultaneously.
(2) Regulations; exemptions and other provisions.--
The Commission shall prescribe regulations to implement
the requirements of this subsection. In implementing
the requirements of this subsection, the Commission--
(A) shall consider prescribing regulations to
allow businesses to avoid receiving calls made
using an artificial or prerecorded voice to
which they have not given their prior express
consent;
(B) may, by rule or order, exempt from the
requirements of paragraph (1)(B) of this
subsection, subject to such conditions as the
Commission may prescribe--
(i) calls that are not made for a
commercial purpose; and
(ii) such classes or categories of
calls made for commercial purposes as
the Commission determines--
(I) will not adversely affect
the privacy rights that this
section is intended to protect;
and
(II) do not include the
transmission of any unsolicited
advertisement;
(C) may, by rule or order, exempt from the
requirements of paragraph (1)(A)(iii) of this
subsection calls to a telephone number assigned
to a cellular telephone service that are not
charged to the called party, subject to such
conditions as the Commission may prescribe as
necessary in the interest of the privacy rights
this section is intended to protect;
(D) shall provide that a notice contained in
an unsolicited advertisement complies with the
requirements under this subparagraph only if--
(i) the notice is clear and
conspicuous and on the first page of
the unsolicited advertisement;
(ii) the notice states that the
recipient may make a request to the
sender of the unsolicited advertisement
not to send any future unsolicited
advertisements to a telephone facsimile
machine or machines and that failure to
comply, within the shortest reasonable
time, as determined by the Commission,
with such a request meeting the
requirements under subparagraph (E) is
unlawful;
(iii) the notice sets forth the
requirements for a request under
subparagraph (E);
(iv) the notice includes--
(I) a domestic contact
telephone and facsimile machine
number for the recipient to
transmit such a request to the
sender; and
(II) a cost-free mechanism
for a recipient to transmit a
request pursuant to such notice
to the sender of the
unsolicited advertisement; the
Commission shall by rule
require the sender to provide
such a mechanism and may, in
the discretion of the
Commission and subject to such
conditions as the Commission
may prescribe, exempt certain
classes of small business
senders, but only if the
Commission determines that the
costs to such class are unduly
burdensome given the revenues
generated by such small
businesses;
(v) the telephone and facsimile
machine numbers and the cost-free
mechanism set forth pursuant to clause
(iv) permit an individual or business
to make such a request at any time on
any day of the week; and
(vi) the notice complies with the
requirements of subsection (d);
(E) shall provide, by rule, that a request
not to send future unsolicited advertisements
to a telephone facsimile machine complies with
the requirements under this subparagraph only
if--
(i) the request identifies the
telephone number or numbers of the
telephone facsimile machine or machines
to which the request relates;
(ii) the request is made to the
telephone or facsimile number of the
sender of such an unsolicited
advertisement provided pursuant to
subparagraph (D)(iv) or by any other
method of communication as determined
by the Commission; and
(iii) the person making the request
has not, subsequent to such request,
provided express invitation or
permission to the sender, in writing or
otherwise, to send such advertisements
to such person at such telephone
facsimile machine;
(F) may, in the discretion of the Commission
and subject to such conditions as the
Commission may prescribe, allow professional or
trade associations that are tax-exempt
nonprofit organizations to send unsolicited
advertisements to their members in furtherance
of the association's tax-exempt purpose that do
not contain the notice required by paragraph
(1)(C)(iii), except that the Commission may
take action under this subparagraph only--
(i) by regulation issued after public
notice and opportunity for public
comment; and
(ii) if the Commission determines
that such notice required by paragraph
(1)(C)(iii) is not necessary to protect
the ability of the members of such
associations to stop such associations
from sending any future unsolicited
advertisements;
(G)(i) may, consistent with clause (ii),
limit the duration of the existence of an
established business relationship, however,
before establishing any such limits, the
Commission shall--
(I) determine whether the existence
of the exception under paragraph (1)(C)
relating to an established business
relationship has resulted in a
significant number of complaints to the
Commission regarding the sending of
unsolicited advertisements to telephone
facsimile machines;
(II) determine whether a significant
number of any such complaints involve
unsolicited advertisements that were
sent on the basis of an established
business relationship that was longer
in duration than the Commission
believes is consistent with the
reasonable expectations of consumers;
(III) evaluate the costs to senders
of demonstrating the existence of an
established business relationship
within a specified period of time and
the benefits to recipients of
establishing a limitation on such
established business relationship; and
(IV) determine whether with respect
to small businesses, the costs would
not be unduly burdensome; and
(ii) may not commence a proceeding to
determine whether to limit the duration of the
existence of an established business
relationship before the expiration of the 3-
month period that begins on the date of the
enactment of the Junk Fax Prevention Act of
2005; and
(H) may restrict or limit the number and
duration of calls made to a telephone number
assigned to a cellular telephone service to
collect a debt owed to or guaranteed by the
United States.
(3) Private right of action.--A person or entity may,
if otherwise permitted by the laws or rules of court of
a State, bring in an appropriate court of that State--
(A) an action based on a violation of this
subsection or the regulations prescribed under
this subsection to enjoin such violation,
(B) an action to recover for actual monetary
loss from such a violation, or to receive $500
in damages for each such violation, whichever
is greater, or
(C) both such actions.
If the court finds that the defendant willfully or
knowingly violated this subsection or the regulations
prescribed under this subsection, the court may, in its
discretion, increase the amount of the award to an
amount equal to not more than 3 times the amount
available under subparagraph (B) of this paragraph.
(c) Protection of Subscriber Privacy Rights.--
(1) Rulemaking proceeding required.--Within 120 days
after the date of enactment of this section, the
Commission shall initiate a rulemaking proceeding
concerning the need to protect residential telephone
subscribers' privacy rights to avoid receiving
telephone solicitations to which they object. The
proceeding shall--
(A) compare and evaluate alternative methods
and procedures (including the use of electronic
databases, telephone network technologies,
special directory markings, industry-based or
company-specific ``do not call'' systems, and
any other alternatives, individually or in
combination) for their effectiveness in
protecting such privacy rights, and in terms of
their cost and other advantages and
disadvantages;
(B) evaluate the categories of public and
private entities that would have the capacity
to establish and administer such methods and
procedures;
(C) consider whether different methods and
procedures may apply for local telephone
solicitations, such as local telephone
solicitations of small businesses or holders of
second class mail permits;
(D) consider whether there is a need for
additional Commission authority to further
restrict telephone solicitations, including
those calls exempted under subsection (a)(3) of
this section, and, if such a finding is made
and supported by the record, propose specific
restrictions to the Congress; and
(E) develop proposed regulations to implement
the methods and procedures that the Commission
determines are most effective and efficient to
accomplish the purposes of this section.
(2) Regulations.--Not later than 9 months after the
date of enactment of this section, the Commission shall
conclude the rulemaking proceeding initiated under
paragraph (1) and shall prescribe regulations to
implement methods and procedures for protecting the
privacy rights described in such paragraph in an
efficient, effective, and economic manner and without
the imposition of any additional charge to telephone
subscribers.
(3) Use of database permitted.--The regulations
required by paragraph (2) may require the establishment
and operation of a single national database to compile
a list of telephone numbers of residential subscribers
who object to receiving telephone solicitations, and to
make that compiled list and parts thereof available for
purchase. If the Commission determines to require such
a database, such regulations shall--
(A) specify a method by which the Commission
will select an entity to administer such
database;
(B) require each common carrier providing
telephone exchange service, in accordance with
regulations prescribed by the Commission, to
inform subscribers for telephone exchange
service of the opportunity to provide
notification, in accordance with regulations
established under this paragraph, that such
subscriber objects to receiving telephone
solicitations;
(C) specify the methods by which each
telephone subscriber shall be informed, by the
common carrier that provides local exchange
service to that subscriber, of (i) the
subscriber's right to give or revoke a
notification of an objection under subparagraph
(A), and (ii) the methods by which such right
may be exercised by the subscriber;
(D) specify the methods by which such
objections shall be collected and added to the
database;
(E) prohibit any residential subscriber from
being charged for giving or revoking such
notification or for being included in a
database compiled under this section;
(F) prohibit any person from making or
transmitting a telephone solicitation to the
telephone number of any subscriber included in
such database;
(G) specify (i) the methods by which any
person desiring to make or transmit telephone
solicitations will obtain access to the
database, by area code or local exchange
prefix, as required to avoid calling the
telephone numbers of subscribers included in
such database; and (ii) the costs to be
recovered from such persons;
(H) specify the methods for recovering, from
persons accessing such database, the costs
involved in identifying, collecting, updating,
disseminating, and selling, and other
activities relating to, the operations of the
database that are incurred by the entities
carrying out those activities;
(I) specify the frequency with which such
database will be updated and specify the method
by which such updating will take effect for
purposes of compliance with the regulations
prescribed under this subsection;
(J) be designed to enable States to use the
database mechanism selected by the Commission
for purposes of administering or enforcing
State law;
(K) prohibit the use of such database for any
purpose other than compliance with the
requirements of this section and any such State
law and specify methods for protection of the
privacy rights of persons whose numbers are
included in such database; and
(L) require each common carrier providing
services to any person for the purpose of
making telephone solicitations to notify such
person of the requirements of this section and
the regulations thereunder.
(4) Considerations required for use of database
method.--If the Commission determines to require the
database mechanism described in paragraph (3), the
Commission shall--
(A) in developing procedures for gaining
access to the database, consider the different
needs of telemarketers conducting business on a
national, regional, State, or local level;
(B) develop a fee schedule or price structure
for recouping the cost of such database that
recognizes such differences and--
(i) reflect the relative costs of
providing a national, regional, State,
or local list of phone numbers of
subscribers who object to receiving
telephone solicitations;
(ii) reflect the relative costs of
providing such lists on paper or
electronic media; and
(iii) not place an unreasonable
financial burden on small businesses;
and
(C) consider (i) whether the needs of
telemarketers operating on a local basis could
be met through special markings of area white
pages directories, and (ii) if such directories
are needed as an adjunct to database lists
prepared by area code and local exchange
prefix.
(5) Private right of action.--A person who has
received more than one telephone call within any 12-
month period by or on behalf of the same entity in
violation of the regulations prescribed under this
subsection may, if otherwise permitted by the laws or
rules of court of a State bring in an appropriate court
of that State--
(A) an action based on a violation of the
regulations prescribed under this subsection to
enjoin such violation,
(B) an action to recover for actual monetary
loss from such a violation, or to receive up to
$500 in damages for each such violation,
whichever is greater, or
(C) both such actions.
It shall be an affirmative defense in any action
brought under this paragraph that the defendant has
established and implemented, with due care, reasonable
practices and procedures to effectively prevent
telephone solicitations in violation of the regulations
prescribed under this subsection. If the court finds
that the defendant willfully or knowingly violated the
regulations prescribed under this subsection, the court
may, in its discretion, increase the amount of the
award to an amount equal to not more than 3 times the
amount available under subparagraph (B) of this
paragraph.
(6) Relation to subsection (b).--The provisions of
this subsection shall not be construed to permit a
communication prohibited by subsection (b).
(d) Technical and Procedural Standards.--
(1) Prohibition.--It shall be unlawful for any person
within the United States--
(A) to initiate any communication using a
telephone facsimile machine, or to make any
telephone call using any automatic telephone
dialing system, that does not comply with the
technical and procedural standards prescribed
under this subsection, or to use any telephone
facsimile machine or automatic telephone
dialing system in a manner that does not comply
with such standards; or
(B) to use a computer or other electronic
device to send any message via a telephone
facsimile machine unless such person clearly
marks, in a margin at the top or bottom of each
transmitted page of the message or on the first
page of the transmission, the date and time it
is sent and an identification of the business,
other entity, or individual sending the message
and the telephone number of the sending machine
or of such business, other entity, or
individual.
(2) Telephone facsimile machines.--The Commission
shall revise the regulations setting technical and
procedural standards for telephone facsimile machines
to require that any such machine which is manufactured
after one year after the date of enactment of this
section clearly marks, in a margin at the top or bottom
of each transmitted page or on the first page of each
transmission, the date and time sent, an identification
of the business, other entity, or individual sending
the message, and the telephone number of the sending
machine or of such business, other entity, or
individual.
(3) Artificial or prerecorded voice systems.--The
Commission shall prescribe technical and procedural
standards for systems that are used to transmit any
artificial or prerecorded voice message via telephone.
Such standards shall require that--
(A) all artificial or prerecorded telephone
messages (i) shall, at the beginning of the
message, state clearly the identity of the
business, individual, or other entity
initiating the call, and (ii) shall, during or
after the message, state clearly the telephone
number or address of such business, other
entity, or individual; and
(B) any such system will automatically
release the called party's line within 5
seconds of the time notification is transmitted
to the system that the called party has hung
up, to allow the called party's line to be used
to make or receive other calls.
(e) Prohibition on Provision of Misleading or Inaccurate
Caller Identification Information.--
(1) In general.--It shall be unlawful for any person
within the United States, [in connection with any
telecommunications service or IP-enabled voice service]
or any person outside the United States if the
recipient is within the United States, in connection
with any voice service or text messaging service, to
cause any caller identification service to knowingly
transmit misleading or inaccurate caller identification
information with the intent to defraud, cause harm, or
wrongfully obtain anything of value, unless such
transmission is exempted pursuant to paragraph (3)(B).
(2) Protection for blocking caller identification
information.--Nothing in this subsection may be
construed to prevent or restrict any person from
blocking the capability of any caller identification
service to transmit caller identification information.
(3) Regulations.--
(A) In general.--[Not later than 6 months
after the date of enactment of the Truth in
Caller ID Act of 2009, the Commission] The
Commission shall prescribe regulations to
implement this subsection.
(B) Content of regulations.--
(i) In general.--The regulations
required under subparagraph (A) shall
include such exemptions from the
prohibition under paragraph (1) as the
Commission determines is appropriate.
(ii) Specific exemption for law
enforcement agencies or court orders.--
The regulations required under
subparagraph (A) shall exempt from the
prohibition under paragraph (1)
transmissions in connection with--
(I) any authorized activity
of a law enforcement agency; or
(II) a court order that
specifically authorizes the use
of caller identification
manipulation.
[(4) Report.--Not later than 6 months after the
enactment of the Truth in Caller ID Act of 2009, the
Commission shall report to Congress whether additional
legislation is necessary to prohibit the provision of
inaccurate caller identification information in
technologies that are successor or replacement
technologies to telecommunications service or IP-
enabled voice service.]
(5) Penalties.--
(A) Civil forfeiture.--
(i) In general.--Any person that is
determined by the Commission, in
accordance with paragraphs (3) and (4)
of section 503(b), to have violated
this subsection shall be liable to the
United States for a forfeiture penalty.
A forfeiture penalty under this
paragraph shall be in addition to any
other penalty provided for by this Act.
The amount of the forfeiture penalty
determined under this paragraph shall
not exceed $10,000 for each violation,
or 3 times that amount for each day of
a continuing violation, except that the
amount assessed for any continuing
violation shall not exceed a total of
$1,000,000 for any single act or
failure to act.
(ii) Recovery.--Any forfeiture
penalty determined under clause (i)
shall be recoverable pursuant to
section 504(a).
(iii) Procedure.--No forfeiture
liability shall be determined under
clause (i) against any person unless
such person receives the notice
required by section 503(b)(3) or
section 503(b)(4).
(iv) 2-year statute of limitations.--
No forfeiture penalty shall be
determined or imposed against any
person under clause (i) if the
violation charged occurred more than 2
years prior to the date of issuance of
the required notice or notice or
apparent liability.
(B) Criminal fine.--Any person who willfully
and knowingly violates this subsection shall
upon conviction thereof be fined not more than
$10,000 for each violation, or 3 times that
amount for each day of a continuing violation,
in lieu of the fine provided by section 501 for
such a violation. This subparagraph does not
supersede the provisions of section 501
relating to imprisonment or the imposition of a
penalty of both fine and imprisonment.
(6) Enforcement by states.--
(A) In general.--The chief legal officer of a
State, or any other State officer authorized by
law to bring actions on behalf of the residents
of a State, may bring a civil action, as parens
patriae, on behalf of the residents of that
State in an appropriate district court of the
United States to enforce this subsection or to
impose the civil penalties for violation of
this subsection, whenever the chief legal
officer or other State officer has reason to
believe that the interests of the residents of
the State have been or are being threatened or
adversely affected by a violation of this
subsection or a regulation under this
subsection.
(B) Notice.--The chief legal officer or other
State officer shall serve written notice on the
Commission of any civil action under
subparagraph (A) prior to initiating such civil
action. The notice shall include a copy of the
complaint to be filed to initiate such civil
action, except that if it is not feasible for
the State to provide such prior notice, the
State shall provide such notice immediately
upon instituting such civil action.
(C) Authority to intervene.--Upon receiving
the notice required by subparagraph (B), the
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard
on all matters arising therein; and
(iii) to file petitions for appeal.
(D) Construction.--For purposes of bringing
any civil action under subparagraph (A),
nothing in this paragraph shall prevent the
chief legal officer or other State officer from
exercising the powers conferred on that officer
by the laws of such State to conduct
investigations or to administer oaths or
affirmations or to compel the attendance of
witnesses or the production of documentary and
other evidence.
(E) Venue; service or process.--
(i) Venue.--An action brought under
subparagraph (A) shall be brought in a
district court of the United States
that meets applicable requirements
relating to venue under section 1391 of
title 28, United States Code.
(ii) Service of process.--In an
action brought under subparagraph (A)--
(I) process may be served
without regard to the
territorial limits of the
district or of the State in
which the action is instituted;
and
(II) a person who
participated in an alleged
violation that is being
litigated in the civil action
may be joined in the civil
action without regard to the
residence of the person.
(7) Effect on other laws.--This subsection does not
prohibit any lawfully authorized investigative,
protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a
political subdivision of a State, or of an intelligence
agency of the United States.
(8) Definitions.--For purposes of this subsection:
(A) Caller identification information.--The
term ``caller identification information''
means information provided by a caller
identification service regarding the telephone
number of, or other information regarding the
origination of, a call made using a
[telecommunications service or IP-enabled voice
service] voice service or a text message sent
using a text messaging service.
(B) Caller identification service.--The term
``caller identification service'' means any
service or device designed to provide the user
of the service or device with the telephone
number of, or other information regarding the
origination of, a call made using a
[telecommunications service or IP-enabled voice
service] voice service or a text message sent
using a text messaging service. Such term
includes automatic number identification
services.
[(C) IP-enabled voice service.--The term
``IP-enabled voice service'' has the meaning
given that term by section 9.3 of the
Commission's regulations (47 C.F.R. 9.3), as
those regulations may be amended by the
Commission from time to time.]
(C) Text message.--The term ``text
message''--
(i) means a message consisting of
text, images, sounds, or other
information that is transmitted to or
from a device that is identified as the
receiving or transmitting device by
means of a 10-digit telephone number or
N11 service code;
(ii) includes a short message service
(commonly referred to as ``SMS'')
message and a multimedia message
service (commonly referred to as
``MMS'') message; and
(iii) does not include--
(I) a real-time, two-way
voice or video communication;
or
(II) a message sent over an
IP-enabled messaging service to
another user of the same
messaging service, except a
message described in clause
(ii).
(D) Text messaging service.--The term ``text
messaging service'' means a service that
enables the transmission or receipt of a text
message, including a service provided as part
of or in connection with a voice service.
(E) Voice service.--The term ``voice
service''--
(i) means any service that is
interconnected with the public switched
telephone network and that furnishes
voice communications to an end user
using resources from the North American
Numbering Plan or any successor to the
North American Numbering Plan adopted
by the Commission under section
251(e)(1); and
(ii) includes transmissions from a
telephone facsimile machine, computer,
or other device to a telephone
facsimile machine.
(9) Limitation.--Notwithstanding any other provision
of this section, subsection (f) shall not apply to this
subsection or to the regulations under this subsection.
(f) Effect on State Law.--
(1) State law not preempted.--Except for the
standards prescribed under subsection (d) and subject
to paragraph (2) of this subsection, nothing in this
section or in the regulations prescribed under this
section shall preempt any State law that imposes more
restrictive intrastate requirements or regulations on,
or which prohibits--
(A) the use of telephone facsimile machines
or other electronic devices to send unsolicited
advertisements;
(B) the use of automatic telephone dialing
systems;
(C) the use of artificial or prerecorded
voice messages; or
(D) the making of telephone solicitations.
(2) State use of databases.--If, pursuant to
subsection (c)(3), the Commission requires the
establishment of a single national database of
telephone numbers of subscribers who object to
receiving telephone solicitations, a State or local
authority may not, in its regulation of telephone
solicitations, require the use of any database, list,
or listing system that does not include the part of
such single national database that relates to such
State.
(g) Actions by States.--
(1) Authority of states.--Whenever the attorney
general of a State, or an official or agency designated
by a State, has reason to believe that any person has
engaged or is engaging in a pattern or practice of
telephone calls or other transmissions to residents of
that State in violation of this section or the
regulations prescribed under this section, the State
may bring a civil action on behalf of its residents to
enjoin such calls, an action to recover for actual
monetary loss or receive $500 in damages for each
violation, or both such actions. If the court finds the
defendant willfully or knowingly violated such
regulations, the court may, in its discretion, increase
the amount of the award to an amount equal to not more
than 3 times the amount available under the preceding
sentence.
(2) Exclusive jurisdiction of federal courts.--The
district courts of the United States, the United States
courts of any territory, and the District Court of the
United States for the District of Columbia shall have
exclusive jurisdiction over all civil actions brought
under this subsection. Upon proper application, such
courts shall also have jurisdiction to issue writs of
mandamus, or orders affording like relief, commanding
the defendant to comply with the provisions of this
section or regulations prescribed under this section,
including the requirement that the defendant take such
action as is necessary to remove the danger of such
violation. Upon a proper showing, a permanent or
temporary injunction or restraining order shall be
granted without bond.
(3) Rights of commission.--The State shall serve
prior written notice of any such civil action upon the
Commission and provide the Commission with a copy of
its complaint, except in any case where such prior
notice is not feasible, in which case the State shall
serve such notice immediately upon instituting such
action. The Commission shall have the right (A) to
intervene in the action, (B) upon so intervening, to be
heard on all matters arising therein, and (C) to file
petitions for appeal.
(4) Venue; service of process.--Any civil action
brought under this subsection in a district court of
the United States may be brought in the district
wherein the defendant is found or is an inhabitant or
transacts business or wherein the violation occurred or
is occurring, and process in such cases may be served
in any district in which the defendant is an inhabitant
or where the defendant may be found.
(5) Investigatory powers.--For purposes of bringing
any civil action under this subsection, nothing in this
section shall prevent the attorney general of a State,
or an official or agency designated by a State, from
exercising the powers conferred on the attorney general
or such official by the laws of such State to conduct
investigations or to administer oaths or affirmations
or to compel the attendance of witnesses or the
production of documentary and other evidence.
(6) Effect on state court proceedings.--Nothing
contained in this subsection shall be construed to
prohibit an authorized State official from proceeding
in State court on the basis of an alleged violation of
any general civil or criminal statute of such State.
(7) Limitation.--Whenever the Commission has
instituted a civil action for violation of regulations
prescribed under this section, no State may, during the
pendency of such action instituted by the Commission,
subsequently institute a civil action against any
defendant named in the Commission's complaint for any
violation as alleged in the Commission's complaint.
(8) Definition.--As used in this subsection, the term
``attorney general'' means the chief legal officer of a
State.
(h) Junk Fax Enforcement Report.--The Commission shall submit
an annual report to Congress regarding the enforcement during
the past year of the provisions of this section relating to
sending of unsolicited advertisements to telephone facsimile
machines, which report shall include--
(1) the number of complaints received by the
Commission during such year alleging that a consumer
received an unsolicited advertisement via telephone
facsimile machine in violation of the Commission's
rules;
(2) the number of citations issued by the Commission
pursuant to section 503 during the year to enforce any
law, regulation, or policy relating to sending of
unsolicited advertisements to telephone facsimile
machines;
(3) the number of notices of apparent liability
issued by the Commission pursuant to section 503 during
the year to enforce any law, regulation, or policy
relating to sending of unsolicited advertisements to
telephone facsimile machines;
(4) for each notice referred to in paragraph (3)--
(A) the amount of the proposed forfeiture
penalty involved;
(B) the person to whom the notice was issued;
(C) the length of time between the date on
which the complaint was filed and the date on
which the notice was issued; and
(D) the status of the proceeding;
(5) the number of final orders imposing forfeiture
penalties issued pursuant to section 503 during the
year to enforce any law, regulation, or policy relating
to sending of unsolicited advertisements to telephone
facsimile machines;
(6) for each forfeiture order referred to in
paragraph (5)--
(A) the amount of the penalty imposed by the
order;
(B) the person to whom the order was issued;
(C) whether the forfeiture penalty has been
paid; and
(D) the amount paid;
(7) for each case in which a person has failed to pay
a forfeiture penalty imposed by such a final order,
whether the Commission referred such matter for
recovery of the penalty; and
(8) for each case in which the Commission referred
such an order for recovery--
(A) the number of days from the date the
Commission issued such order to the date of
such referral;
(B) whether an action has been commenced to
recover the penalty, and if so, the number of
days from the date the Commission referred such
order for recovery to the date of such
commencement; and
(C) whether the recovery action resulted in
collection of any amount, and if so, the amount
collected.
* * * * * * *
PART II--DEVELOPMENT OF COMPETITIVE MARKETS
* * * * * * *
SEC. 257. MARKET ENTRY BARRIERS PROCEEDING.
(a) Elimination of Barriers.--Within 15 months after the date
of enactment of the Telecommunications Act of 1996, the
Commission shall complete a proceeding for the purpose of
identifying and eliminating, by regulations pursuant to its
authority under this Act (other than this section), market
entry barriers for entrepreneurs and other small businesses in
the provision and ownership of telecommunications services and
information services, or in the provision of parts or services
to providers of telecommunications services and information
services.
(b) National Policy.--In carrying out subsection (a), the
Commission shall seek to promote the policies and purposes of
this Act favoring diversity of media voices, vigorous economic
competition, technological advancement, and promotion of the
public interest, convenience, and necessity.
[(c) Periodic Review.--Every 3 years following the completion
of the proceeding required by subsection (a), the Commission
shall review and report to Congress on--
[(1) any regulations prescribed to eliminate barriers
within its jurisdiction that are identified under
subsection (a) and that can be prescribed consistent
with the public interest, convenience, and necessity;
and
[(2) the statutory barriers identified under
subsection (a) that the Commission recommends be
eliminated, consistent with the public interest,
convenience, and necessity.]
* * * * * * *
TITLE III--SPECIAL PROVISIONS RELATING TO RADIO
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 309. ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO
LICENSES.
(a) Subject to the provisions of this section, the Commission
shall determine, in the case of each application filed with it
to which section 308 applies, whether the public interest,
convenience, and necessity will be served by the granting of
such application, and, if the Commission, upon examination of
such application and upon consideration of such other matters
as the Commission may officially notice, shall find that public
interest, convenience, and necessity would be served by the
granting thereof, it shall grant such application.
(b) Except as provided in subsection (c) of this section, no
such application--
(1) for an instrument of authorization in the case of
a station in the broadcasting or common carrier
services, or
(2) for an instrument of authorization in the case of
a station in any of the following categories:
(A) industrial radio positioning stations for
which frequencies are assigned on an exclusive
basis,
(B) aeronautical en route stations,
(C) aeronautical advisory stations,
(D) airdrome control stations,
(E) aeronautical fixed stations, and
(F) such other stations or classes of
stations, not in the broadcasting or common
carrier services, as the Commission shall by
rule prescribe,
shall be granted by the Commission earlier than thirty days
following issuance of public notice by the Commission of the
acceptance for filing of such application or of any substantial
amendment thereof.
(c) Subsection (b) of this section shall not apply--
(1) to any minor amendment of an application to which
such subsection is applicable, or
(2) to any application for--
(A) a minor change in the facilities of an
authorized station,
(B) consent to an involuntary assignment or
transfer under section 310(b) or to an
assignment or transfer thereunder which does
not involve a substantial change in ownership
or control,
(C) a license under section 319(c) or,
pending application for or grant of such
license, any special or temporary authorization
to permit interim operation to facilitate
completion of authorized construction or to
provide substantially the same service as would
be authorized by such license,
(D) extension of time to complete
construction of authorized facilities,
(E) an authorization of facilities for remote
pickups, studio links and similar facilities
for use in the operation of a broadcast
station,
(F) authorizations pursuant to section 325(c)
where the programs to be transmitted are
special events not of a continuing nature,
(G) a special temporary authorization for
nonbroadcast operation not to exceed thirty
days where no application for regular operation
is contemplated to be filed or not to exceed
sixty days pending the filing of an application
for such regular operation, or
(H) an authorization under any of the proviso
clauses of section 308(a).
(d)(1) Any party in interest may file with the Commission a
petition to deny any application (whether as originally filed
or as amended) to which subsection (b) of this section applies
at any time prior to the day of Commission grant thereof
without hearing or the day of formal designation thereof for
hearing; except that with respect to any classification of
applications, the Commission from time to time by rule may
specify a shorter period (no less than thirty days following
the issuance of public notice by the Commission of the
acceptance for filing of such application or of any substantial
amendment thereof), which shorter period shall be reasonably
related to the time when the applications would normally be
reached for processing. The petitioner shall serve a copy of
such petition on the applicant. The petition shall contain
specific allegations of fact sufficient to show that the
petitioner is a party in interest and that a grant of the
application would be prima facie inconsistent with subsection
(a) (or subsection (k) in the case of renewal of any broadcast
station license). Such allegations of fact shall, except for
those of which official notice may be taken, be supported by
affidavit of a person or persons with personal knowledge
thereof. The applicant shall be given the opportunity to file a
reply in which allegations of fact or denials thereof shall
similarly be supported by affidavit.
(2) If the Commission finds on the basis of the application,
the pleadings filed, or other matters which it may officially
notice that there are no substantial and material questions of
fact and that a grant of the application would be consistent
with subsection (a) (or subsection (k) in the case of renewal
of any broadcast station license), it shall make the grant,
deny the petition, and issue a concise statement of the reasons
for denying the petition, which statement shall dispose of all
substantial issues raised by the petition. If a substantial and
material question of fact is presented or if the Commission for
any reason is unable to find that grant of the application
would be consistent with subsection (a) (or subsection (k) in
the case of renewal of any broadcast station license), it shall
proceed as provided in subsection (e).
(e) If, in the case of any application to which subsection
(a) of this section applies, a substantial and material
question of fact is presented or the Commission for any reason
is unable to make the finding specified in such subsection, it
shall formally designate the application for hearing on the
ground or reasons then obtaining and shall forthwith notify the
applicant and all other known parties in interest of such
action and the ground and reasons therefor, specifying with
particularity the matters and things in issue but not including
issues or requirements phrased generally. When the Commission
has so designated an application for hearing, the parties in
interest, if any, who are not notified by the Commission of
such action may acquire the status of a party to the proceeding
thereon by filing a petition for intervention showing the basis
for their interest not more than thirty days after publication
of the hearing issues or any substantial amendment thereto in
the Federal Register. Any hearing subsequently held upon such
application shall be a full hearing in which the applicant and
all other parties in interest shall be permitted to
participate. The burden of proceeding with the introduction of
evidence and the burden of proof shall be upon the applicant,
except that with respect to any issue presented by a petition
to deny or a petition to enlarge the issues, such burdens shall
be as determined by the Commission.
(f) When an application subject to subsection (b) has been
filed, the Commission, notwithstanding the requirements of such
subsection, may, if the grant of such application is otherwise
authorized by law and if it finds that there are extraordinary
circumstances requiring temporary operations in the public
interest and that delay in the institution of such temporary
operations would seriously prejudice the public interest, grant
a temporary authorization, accompanied by a statement of its
reasons therefor, to permit such temporary operations for a
period not exceeding 180 days, and upon making like findings
may extend such temporary authorization for additional periods
not to exceed 180 days. When any such grant of a temporary
authorization is made, the Commission shall give expeditious
treatment to any timely filed petition to deny such application
and to any petition for rehearing of such grant filed under
section 405.
(g) The Commission is authorized to adopt reasonable
classifications of applications and amendments in order to
effectuate the purposes of this section.
(h) Such station licenses as the Commission may grant shall
be in such general form as it may prescribe, but each license
shall contain, in addition to other provisions, a statement of
the following conditions to which such license shall be
subject: (1) The station license shall not vest in the licensee
any right to operate the station nor any right in the use of
the frequencies designated in the license beyond the term
thereof nor in any other manner than authorized therein; (2)
neither the license nor the right granted thereunder shall be
assigned or otherwise transferred in violation of this Act; (3)
every license issued under this Act shall be subject in terms
to the right of use or control conferred by section 706 of this
Act.
(i) Random Selection.--
(1) General authority.--Except as provided in
paragraph (5), if there is more than one application
for any initial license or construction permit, then
the Commission shall have the authority to grant such
license or permit to a qualified applicant through the
use of a system of random selection.
(2) No license or construction permit shall be granted to an
applicant selected pursuant to paragraph (1) unless the
Commission determines the qualifications of such applicant
pursuant to subsection (a) and section 308(b). When substantial
and material questions of fact exist concerning such
qualifications, the Commission shall conduct a hearing in order
to make such determinations. For the purposes of making such
determinations, the Commission may, by rule, and
notwithstanding any other provision of law--
(A) adopt procedures for the submission of all or
part of the evidence in written form;
(B) delegate the function of presiding at the taking
of written evidence to Commission employees other than
administrative law judges; and
(C) omit the determination required by subsection (a)
with respect to any application other than the one
selected pursuant to paragraph (1).
(3)(A) The Commission shall establish rules and procedures to
ensure that, in the administration of any system of random
selection under this subsection used for granting licenses or
construction permits for any media of mass communications,
significant preferences will be granted to applicants or groups
of applicants, the grant to which of the license or permit
would increase the diversification of ownership of the media of
mass communications. To further diversify the ownership of the
media of mass communications, an additional significant
preference shall be granted to any applicant controlled by a
member or members of minority group.
(B) The Commission shall have authority to require each
qualified applicant seeking a significant preference under
subparagraph (A) to submit to the Commission such information
as may be necessary to enable the Commission to make a
determination regarding whether such applicant shall be granted
such preference. Such information shall be submitted in such
form, at such times, and in accordance with such procedures, as
the Commission may require.
(C) For purposes of this paragraph:
(i) The term ``media of mass communication'' includes
television, radio, cable television, multipoint distribution
service, direct broadcast satellite service, and other
services, the licensed facilities of which may be substantially
devoted toward providing programming or other information
services within the editorial control of the licensee.
(ii) The term ``minority group'' includes Blacks, Hispanics,
American Indians, Alaska Natives, Asians, and Pacific
Islanders.
(4)(A) The Commission shall, after notice and opportunity for
hearing, prescribe rules establishing a system of random
selection for use by the Commission under this subsection in
any instance in which the Commission, in its discretion,
determines that such use is appropriate for the granting of any
license or permit in accordance with paragraph (1).
(B) The Commission shall have authority to amend such rules
from time to time to the extent necessary too carry out the
provisions of this subsection. Any such amendment shall be made
after notice and opportunity for hearing.
(C) Not later than 180 days after the date of enactment of
this subparagraph, the Commission shall prescribe such transfer
disclosures and antitrafficking restrictions and payment
schedules as are necessary to prevent the unjust enrichment of
recipients of licenses or permits as a result of the methods
employed to issue licenses under this subsection.
(5) Termination of authority.--(A) Except as provided
in subparagraph (B), the Commission shall not issue any
license or permit using a system of random selection
under this subsection after July 1, 1997.
(B) Subparagraph (A) of this paragraph shall not
apply with respect to licenses or permits for stations
described in section 397(6) of this Act.
(j) Use of Competitive Bidding.--
(1) General authority.--If, consistent with the
obligations described in paragraph (6)(E), mutually
exclusive applications are accepted for any initial
license or construction permit, then, except as
provided in paragraph (2), the Commission shall grant
the license or permit to a qualified applicant through
a system of competitive bidding that meets the
requirements of this subsection.
(2) Exemptions.--The competitive bidding authority
granted by this subsection shall not apply to licenses
or construction permits issued by the Commission--
(A) for public safety radio services,
including private internal radio services used
by State and local governments and non-
government entities and including emergency
road services provided by not-for-profit
organizations, that--
(i) are used to protect the safety of
life, health, or property; and
(ii) are not made commercially
available to the public;
(B) for initial licenses or construction
permits for digital television service given to
existing terrestrial broadcast licensees to
replace their analog television service
licenses; or
(C) for stations described in section 397(6)
of this Act.
(3) Design of systems of competitive bidding.--For
each class of licenses or permits that the Commission
grants through the use of a competitive bidding system,
the Commission shall, by regulation, establish a
competitive bidding methodology. The Commission shall
seek to design and test multiple alternative
methodologies under appropriate circumstances. The
Commission shall, directly or by contract, provide for
the design and conduct (for purposes of testing) of
competitive bidding using a contingent combinatorial
bidding system that permits prospective bidders to bid
on combinations or groups of licenses in a single bid
and to enter multiple alternative bids within a single
bidding round. In identifying classes of licenses and
permits to be issued by competitive bidding, in
specifying eligibility and other characteristics of
such licenses and permits, and in designing the
methodologies for use under this subsection, the
Commission shall include safeguards to protect the
public interest in the use of the spectrum and shall
seek to promote the purposes specified in section 1 of
this Act and the following objectives:
(A) the development and rapid deployment of
new technologies, products, and services for
the benefit of the public, including those
residing in rural areas, without administrative
or judicial delays;
(B) promoting economic opportunity and
competition and ensuring that new and
innovative technologies are readily accessible
to the American people by avoiding excessive
concentration of licenses and by disseminating
licenses among a wide variety of applicants,
including small businesses, rural telephone
companies, and businesses owned by members of
minority groups and women;
(C) recovery for the public of a portion of
the value of the public spectrum resource made
available for commercial use and avoidance of
unjust enrichment through the methods employed
to award uses of that resource;
(D) efficient and intensive use of the
electromagnetic spectrum;
(E) ensure that, in the scheduling of any
competitive bidding under this subsection, an
adequate period is allowed--
(i) before issuance of bidding rules,
to permit notice and comment on
proposed auction procedures; and
(ii) after issuance of bidding rules,
to ensure that interested parties have
a sufficient time to develop business
plans, assess market conditions, and
evaluate the availability of equipment
for the relevant services; and
(F) for any auction of eligible frequencies
described in section 113(g)(2) of the National
Telecommunications and Information
Administration Organization Act (47 U.S.C.
923(g)(2)), the recovery of 110 percent of
estimated relocation or sharing costs as
provided to the Commission pursuant to section
113(g)(4) of such Act.
(4) Contents of regulations.--In prescribing
regulations pursuant to paragraph (3), the Commission
shall--
(A) consider alternative payment schedules
and methods of calculation, including lump sums
or guaranteed installment payments, with or
without royalty payments, or other schedules or
methods that promote the objectives described
in paragraph (3)(B), and combinations of such
schedules and methods;
(B) include performance requirements, such as
appropriate deadlines and penalties for
performance failures, to ensure prompt delivery
of service to rural areas, to prevent
stockpiling or warehousing of spectrum by
licensees or permittees, and to promote
investment in and rapid deployment of new
technologies and services;
(C) consistent with the public interest,
convenience, and necessity, the purposes of
this Act, and the characteristics of the
proposed service, prescribe area designations
and bandwidth assignments that promote (i) an
equitable distribution of licenses and services
among geographic areas, (ii) economic
opportunity for a wide variety of applicants,
including small businesses, rural telephone
companies, and businesses owned by members of
minority groups and women, and (iii) investment
in and rapid deployment of new technologies and
services;
(D) ensure that small businesses, rural
telephone companies, and businesses owned by
members of minority groups and women are given
the opportunity to participate in the provision
of spectrum-based services, and, for such
purposes, consider the use of tax certificates,
bidding preferences, and other procedures;
(E) require such transfer disclosures and
antitrafficking restrictions and payment
schedules as may be necessary to prevent unjust
enrichment as a result of the methods employed
to issue licenses and permits; and
(F) prescribe methods by which a reasonable
reserve price will be required, or a minimum
bid will be established, to obtain any license
or permit being assigned pursuant to the
competitive bidding, unless the Commission
determines that such a reserve price or minimum
bid is not in the public interest.
(5) Bidder and licensee qualification.--No person
shall be permitted to participate in a system of
competitive bidding pursuant to this subsection unless
such bidder submits such information and assurances as
the Commission may require to demonstrate that such
bidder's application is acceptable for filing. No
license shall be granted to an applicant selected
pursuant to this subsection unless the Commission
determines that the applicant is qualified pursuant to
subsection (a) and sections 308(b) and 310. Consistent
with the objectives described in paragraph (3), the
Commission shall, by regulation, prescribe expedited
procedures consistent with the procedures authorized by
subsection (i)(2) for the resolution of any substantial
and material issues of fact concerning qualifications.
(6) Rules of construction.--Nothing in this
subsection, or in the use of competitive bidding,
shall--
(A) alter spectrum allocation criteria and
procedures established by the other provisions
of this Act;
(B) limit or otherwise affect the
requirements of subsection (h) of this section,
section 301, 304, 307, 310, or 706, or any
other provision of this Act (other than
subsections (d)(2) and (e) of this section);
(C) diminish the authority of the Commission
under the other provisions of this Act to
regulate or reclaim spectrum licenses;
(D) be construed to convey any rights,
including any expectation of renewal of a
license, that differ from the rights that apply
to other licenses within the same service that
were not issued pursuant to this subsection;
(E) be construed to relieve the Commission of
the obligation in the public interest to
continue to use engineering solutions,
negotiation, threshold qualifications, service
regulations, and other means in order to avoid
mutual exclusivity in application and licensing
proceedings;
(F) be construed to prohibit the Commission
from issuing nationwide, regional, or local
licenses or permits;
(G) be construed to prevent the Commission
from awarding licenses to those persons who
make significant contributions to the
development of a new telecommunications service
or technology; or
(H) be construed to relieve any applicant for
a license or permit of the obligation to pay
[charges imposed pursuant to section 8 of this
Act] application fees assessed under section 9.
(7) Consideration of revenues in public interest
determinations.--
(A) Consideration prohibited.--In making a
decision pursuant to section 303(c) to assign a
band of frequencies to a use for which licenses
or permits will be issued pursuant to this
subsection, and in prescribing regulations
pursuant to paragraph (4)(C) of this
subsection, the Commission may not base a
finding of public interest, convenience, and
necessity on the expectation of Federal
revenues from the use of a system of
competitive bidding under this subsection.
(B) Consideration limited.--In prescribing
regulations pursuant to paragraph (4)(A) of
this subsection, the Commission may not base a
finding of public interest, convenience, and
necessity solely or predominantly on the
expectation of Federal revenues from the use of
a system of competitive bidding under this
subsection.
(C) Consideration of demand for spectrum not
affected.--Nothing in this paragraph shall be
construed to prevent the Commission from
continuing to consider consumer demand for
spectrum-based services.
(8) Treatment of revenues.--
(A) General rule.--Except as provided in
subparagraphs (B), (D), (E), (F), and (G), all
proceeds from the use of a competitive bidding
system under 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 subsection. 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. Such offsetting collections are
authorized to remain available until expended.
[No sums may be retained under this
subparagraph during any fiscal year beginning
after September 30, 1998, if the annual report
of the Commission under section 4(k) for the
second preceding fiscal year fails to include
in the itemized statement required by paragraph
(3) of such section a statement of each
expenditure made for purposes of conducting
competitive bidding under this subsection
during such second preceding fiscal year.]
(C) Deposit and use of auction escrow
accounts.--Any deposits the Commission may
require for the qualification of any person to
bid in a system of competitive bidding pursuant
to this subsection shall be deposited in [an
interest bearing account at a financial
institution designated for purposes of this
subsection by the Commission (after
consultation with the Secretary of the
Treasury).] the Treasury. Within 45 days
following the conclusion of the competitive
bidding--
(i) the deposits of successful
bidders shall be [paid to the Treasury]
deposited in the general fund of the
Treasury (where such deposits shall be
used for the sole purpose of deficit
reduction), except as otherwise
provided in subparagraphs (D)(ii),
(E)(ii), (F), and (G)[;]; and
(ii) the deposits of unsuccessful
bidders shall be returned to such
bidders[; and], and payments
representing the return of such
deposits shall not be subject to
administrative offset under section
3716(c) of title 31, United States
Code.
[(iii) the interest accrued to the
account shall be deposited in the
general fund of the Treasury, where
such amount shall be dedicated for the
sole purpose of deficit reduction.]
(D) Proceeds from reallocated federal
spectrum.--
(i) In general.--Except as provided
in clause (ii), cash proceeds
attributable to the auction of any
eligible frequencies described in
section 113(g)(2) of the National
Telecommunications and Information
Administration Organization Act (47
U.S.C. 923(g)(2)) shall be deposited in
the Spectrum Relocation Fund
established under section 118 of such
Act, and shall be available in
accordance with that section.
(ii) Certain other proceeds.--
Notwithstanding subparagraph (A) and
except as provided in subparagraph (B),
in the case of proceeds (including
deposits and upfront payments from
successful bidders) attributable to the
auction of eligible frequencies
described in paragraph (2) of section
113(g) of the National
Telecommunications and Information
Administration Organization Act that
are required to be auctioned by section
6401(b)(1)(B) of the Middle Class Tax
Relief and Job Creation Act of 2012,
such portion of such proceeds as is
necessary to cover the relocation or
sharing costs (as defined in paragraph
(3) of such section 113(g)) of Federal
entities relocated from such eligible
frequencies shall be deposited in the
Spectrum Relocation Fund. The remainder
of such proceeds shall be deposited in
the Public Safety Trust Fund
established by section 6413(a)(1) of
the Middle Class Tax Relief and Job
Creation Act of 2012.
(E) Transfer of receipts.--
(i) Establishment of fund.--There is
established in the Treasury of the
United States a fund to be known as the
Digital Television Transition and
Public Safety Fund.
(ii) Proceeds for funds.--
Notwithstanding subparagraph (A), the
proceeds (including deposits and
upfront payments from successful
bidders) from the use of a competitive
bidding system under this subsection
with respect to recovered analog
spectrum shall be deposited in the
Digital Television Transition and
Public Safety Fund.
(iii) Transfer of amount to
treasury.--On September 30, 2009, the
Secretary shall transfer $7,363,000,000
from the Digital Television Transition
and Public Safety Fund to the general
fund of the Treasury.
(iv) Recovered analog spectrum.--For
purposes of clause (i), the term
``recovered analog spectrum'' has the
meaning provided in paragraph
(15)(C)(vi).
(F) Certain proceeds designated for public
safety trust fund.--Notwithstanding
subparagraph (A) and except as provided in
subparagraphs (B) and (D)(ii), the proceeds
(including deposits and upfront payments from
successful bidders) from the use of a system of
competitive bidding under this subsection
pursuant to section 6401(b)(1)(B) of the Middle
Class Tax Relief and Job Creation Act of 2012
shall be deposited in the Public Safety Trust
Fund established by section 6413(a)(1) of such
Act.
(G) Incentive auctions.--
(i) In general.--Notwithstanding
subparagraph (A) and except as provided
in subparagraph (B), the Commission may
encourage a licensee to relinquish
voluntarily some or all of its licensed
spectrum usage rights in order to
permit the assignment of new initial
licenses subject to flexible-use
service rules by sharing with such
licensee a portion, based on the value
of the relinquished rights as
determined in the reverse auction
required by clause (ii)(I), of the
proceeds (including deposits and
upfront payments from successful
bidders) from the use of a competitive
bidding system under this subsection.
(ii) Limitations.--The Commission may
not enter into an agreement for a
licensee to relinquish spectrum usage
rights in exchange for a share of
auction proceeds under clause (i)
unless--
(I) the Commission conducts a
reverse auction to determine
the amount of compensation that
licensees would accept in
return for voluntarily
relinquishing spectrum usage
rights; and
(II) at least two competing
licensees participate in the
reverse auction.
(iii) Treatment of revenues.--
Notwithstanding subparagraph (A) and
except as provided in subparagraph (B),
the proceeds (including deposits and
upfront payments from successful
bidders) from any auction, prior to the
end of fiscal year 2022, of spectrum
usage rights made available under
clause (i) that are not shared with
licensees under such clause shall be
deposited as follows:
(I) $1,750,000,000 of the
proceeds from the incentive
auction of broadcast television
spectrum required by section
6403 of the Middle Class Tax
Relief and Job Creation Act of
2012 shall be deposited in the
TV Broadcaster Relocation Fund
established by subsection
(d)(1) of such section.
(II) All other proceeds shall
be deposited--
(aa) prior to the end
of fiscal year 2022, in
the Public Safety Trust
Fund established by
section 6413(a)(1) of
such Act; and
(bb) after the end of
fiscal year 2022, in
the general fund of the
Treasury, where such
proceeds shall be
dedicated for the sole
purpose of deficit
reduction.
(iv) Congressional notification.--At
least 3 months before any incentive
auction conducted under this
subparagraph, the Chairman of the
Commission, in consultation with the
Director of the Office of Management
and Budget, shall notify the
appropriate committees of Congress of
the methodology for calculating the
amounts that will be shared with
licensees under clause (i).
(v) Definition.--In this
subparagraph, the term ``appropriate
committees of Congress'' means--
(I) the Committee on
Commerce, Science, and
Transportation of the Senate;
(II) the Committee on
Appropriations of the Senate;
(III) the Committee on Energy
and Commerce of the House of
Representatives; and
(IV) the Committee on
Appropriations of the House of
Representatives.
(9) Use of former government spectrum.--The
Commission shall, not later than 5 years after the date
of enactment of this subsection, issue licenses and
permits pursuant to this subsection for the use of
bands of frequencies that--
(A) in the aggregate span not less than 10
megahertz; and
(B) have been reassigned from Government use
pursuant to part B of the National
Telecommunications and Information
Administration Organization Act.
(10) Authority contingent on availability of
additional spectrum.--
(A) Initial conditions.--The Commission's
authority to issue licenses or permits under
this subsection shall not take effect unless--
(i) the Secretary of Commerce has
submitted to the Commission the report
required by section 113(d)(1) of the
National Telecommunications and
Information Administration Organization
Act;
(ii) such report recommends for
immediate reallocation bands of
frequencies that, in the aggregate,
span not less than 50 megahertz;
(iii) such bands of frequencies meet
the criteria required by section 113(a)
of such Act; and
(iv) the Commission has completed the
rulemaking required by section
332(c)(1)(D) of this Act.
(B) Subsequent conditions.--The Commission's
authority to issue licenses or permits under
this subsection on and after 2 years after the
date of the enactment of this subsection shall
cease to be effective if--
(i) the Secretary of Commerce has
failed to submit the report required by
section 113(a) of the National
Telecommunications and Information
Administration Organization Act;
(ii) the President has failed to
withdraw and limit assignments of
frequencies as required by paragraphs
(1) and (2) of section 114(a) of such
Act;
(iii) the Commission has failed to
issue the regulations required by
section 115(a) of such Act;
(iv) the Commission has failed to
complete and submit to Congress, not
later than 18 months after the date of
enactment of this subsection, a study
of current and future spectrum needs of
State and local government public
safety agencies through the year 2010,
and a specific plan to ensure that
adequate frequencies are made available
to public safety licensees; or
(v) the Commission has failed under
section 332(c)(3) to grant or deny
within the time required by such
section any petition that a State has
filed within 90 days after the date of
enactment of this subsection;
until such failure has been corrected.
(11) Termination.--The authority of the Commission to
grant a license or permit under this subsection shall
expire September 30, 2022, except that, with respect to
the electromagnetic spectrum identified under section
1004(a) of the Spectrum Pipeline Act of 2015, such
authority shall expire on September 30, 2025.
[(12) Evaluation.--Not later than September 30, 1997,
the Commission shall conduct a public inquiry and
submit to the Congress a report--
[(A) containing a statement of the revenues
obtained, and a projection of the future
revenues, from the use of competitive bidding
systems under this subsection;
[(B) describing the methodologies established
by the Commission pursuant to paragraphs (3)
and (4);
[(C) comparing the relative advantages and
disadvantages of such methodologies in terms of
attaining the objectives described in such
paragraphs;
[(D) evaluating whether and to what extent--
[(i) competitive bidding
significantly improved the efficiency
and effectiveness of the process for
granting radio spectrum licenses;
[(ii) competitive bidding facilitated
the introduction of new spectrum-based
technologies and the entry of new
companies into the telecommunications
market;
[(iii) competitive bidding
methodologies have secured prompt
delivery of service to rural areas and
have adequately addressed the needs of
rural spectrum users; and
[(iv) small businesses, rural
telephone companies, and businesses
owned by members of minority groups and
women were able to participate
successfully in the competitive bidding
process; and
[(E) recommending any statutory changes that
are needed to improve the competitive bidding
process.]
(13) Recovery of value of public spectrum in
connection with pioneer preferences.--
(A) In general.--Notwithstanding paragraph
(6)(G), the Commission shall not award licenses
pursuant to a preferential treatment accorded
by the Commission to persons who make
significant contributions to the development of
a new telecommunications service or technology,
except in accordance with the requirements of
this paragraph.
(B) Recovery of value.--The Commission shall
recover for the public a portion of the value
of the public spectrum resource made available
to such person by requiring such person, as a
condition for receipt of the license, to agree
to pay a sum determined by--
(i) identifying the winning bids for
the licenses that the Commission
determines are most reasonably
comparable in terms of bandwidth, scope
of service area, usage restrictions,
and other technical characteristics to
the license awarded to such person, and
excluding licenses that the Commission
determines are subject to bidding
anomalies due to the award of
preferential treatment;
(ii) dividing each such winning bid
by the population of its service area
(hereinafter referred to as the per
capita bid amount);
(iii) computing the average of the
per capita bid amounts for the licenses
identified under clause (i);
(iv) reducing such average amount by
15 percent; and
(v) multiplying the amount determined
under clause (iv) by the population of
the service area of the license
obtained by such person.
(C) Installments permitted.--The Commission
shall require such person to pay the sum
required by subparagraph (B) in a lump sum or
in guaranteed installment payments, with or
without royalty payments, over a period of not
more than 5 years.
(D) Rulemaking on pioneer preferences.--
Except with respect to pending applications
described in clause (iv) of this subparagraph,
the Commission shall prescribe regulations
specifying the procedures and criteria by which
the Commission will evaluate applications for
preferential treatment in its licensing
processes (by precluding the filing of mutually
exclusive applications) for persons who make
significant contributions to the development of
a new service or to the development of new
technologies that substantially enhance an
existing service. Such regulations shall--
(i) specify the procedures and
criteria by which the significance of
such contributions will be determined,
after an opportunity for review and
verification by experts in the radio
sciences drawn from among persons who
are not employees of the Commission or
by any applicant for such preferential
treatment;
(ii) include such other procedures as
may be necessary to prevent unjust
enrichment by ensuring that the value
of any such contribution justifies any
reduction in the amounts paid for
comparable licenses under this
subsection;
(iii) be prescribed not later than 6
months after the date of enactment of
this paragraph;
(iv) not apply to applications that
have been accepted for filing on or
before September 1, 1994; and
(v) cease to be effective on the date
of the expiration of the Commission's
authority under subparagraph (F).
(E) Implementation with respect to pending
applications.--In applying this paragraph to
any broadband licenses in the personal
communications service awarded pursuant to the
preferential treatment accorded by the Federal
Communications Commission in the Third Report
and Order in General Docket 90-314 (FCC 93-550,
released February 3, 1994)--
(i) the Commission shall not
reconsider the award of preferences in
such Third Report and Order, and the
Commission shall not delay the grant of
licenses based on such awards more than
15 days following the date of enactment
of this paragraph, and the award of
such preferences and licenses shall not
be subject to administrative or
judicial review;
(ii) the Commission shall not alter
the bandwidth or service areas
designated for such licenses in such
Third Report and Order;
(iii) except as provided in clause
(v), the Commission shall use, as the
most reasonably comparable licenses for
purposes of subparagraph (B)(i), the
broadband licenses in the personal
communications service for blocks A and
B for the 20 largest markets (ranked by
population) in which no applicant has
obtained preferential treatment;
(iv) for purposes of subparagraph
(C), the Commission shall permit
guaranteed installment payments over a
period of 5 years, subject to--
(I) the payment only of
interest on unpaid balances
during the first 2 years,
commencing not later than 30
days after the award of the
license (including any
preferential treatment used in
making such award) is final and
no longer subject to
administrative or judicial
review, except that no such
payment shall be required prior
to the date of completion of
the auction of the comparable
licenses described in clause
(iii); and
(II) payment of the unpaid
balance and interest thereon
after the end of such 2 years
in accordance with the
regulations prescribed by the
Commission; and
(v) the Commission shall recover with
respect to broadband licenses in the
personal communications service an
amount under this paragraph that is
equal to not less than $400,000,000,
and if such amount is less than
$400,000,000, the Commission shall
recover an amount equal to $400,000,000
by allocating such amount among the
holders of such licenses based on the
population of the license areas held by
each licensee.
The Commission shall not include in any amounts
required to be collected under clause (v) the
interest on unpaid balances required to be
collected under clause (iv).
(F) Expiration.--The authority of the
Commission to provide preferential treatment in
licensing procedures (by precluding the filing
of mutually exclusive applications) to persons
who make significant contributions to the
development of a new service or to the
development of new technologies that
substantially enhance an existing service shall
expire on the date of enactment of the Balanced
Budget Act of 1997.
(G) Effective date.--This paragraph shall be
effective on the date of its enactment and
apply to any licenses issued on or after August
1, 1994, by the Federal Communications
Commission pursuant to any licensing procedure
that provides preferential treatment (by
precluding the filing of mutually exclusive
applications) to persons who make significant
contributions to the development of a new
service or to the development of new
technologies that substantially enhance an
existing service.
(14) Auction of recaptured broadcast television
spectrum.--
(A) Limitations on terms of terrestrial
television broadcast licenses.--A full-power
television broadcast license that authorizes
analog television service may not be renewed to
authorize such service for a period that
extends beyond June 12, 2009.
(B) Spectrum reversion and resale.--
(i) The Commission shall--
(I) ensure that, as licenses
for analog television service
expire pursuant to subparagraph
(A), each licensee shall cease
using electromagnetic spectrum
assigned to such service
according to the Commission's
direction; and
(II) reclaim and organize the
electromagnetic spectrum in a
manner consistent with the
objectives described in
paragraph (3) of this
subsection.
(ii) Licensees for new services
occupying spectrum reclaimed pursuant
to clause (i) shall be assigned in
accordance with this subsection.
(C) Certain limitations on qualified bidders
prohibited.--In prescribing any regulations
relating to the qualification of bidders for
spectrum reclaimed pursuant to subparagraph
(B)(i), the Commission, for any license that
may be used for any digital television service
where the grade A contour of the station is
projected to encompass the entirety of a city
with a population in excess of 400,000 (as
determined using the 1990 decennial census),
shall not--
(i) preclude any party from being a
qualified bidder for such spectrum on
the basis of--
(I) the Commission's duopoly
rule (47 C.F.R. 73.3555(b)); or
(II) the Commission's
newspaper cross-ownership rule
(47 C.F.R. 73.3555(d)); or
(ii) apply either such rule to
preclude such a party that is a winning
bidder in a competitive bidding for
such spectrum from using such spectrum
for digital television service.
(15) Commission to determine timing of auctions.--
(A) Commission authority.--Subject to the
provisions of this subsection (including
paragraph (11)), but notwithstanding any other
provision of law, the Commission shall
determine the timing of and deadlines for the
conduct of competitive bidding under this
subsection, including the timing of and
deadlines for qualifying for bidding;
conducting auctions; collecting, depositing,
and reporting revenues; and completing
licensing processes and assigning licenses.
(B) Termination of portions of auctions 31
and 44.--Except as provided in subparagraph
(C), the Commission shall not commence or
conduct auctions 31 and 44 on June 19, 2002, as
specified in the public notices of March 19,
2002, and March 20, 2002 (DA 02-659 and DA 02-
563).
(C) Exception.--
(i) Blocks excepted.--Subparagraph
(B) shall not apply to the auction of--
(I) the C-block of licenses
on the bands of frequencies
located at 710-716 megahertz,
and 740-746 megahertz; or
(II) the D-block of licenses
on the bands of frequencies
located at 716-722 megahertz.
(ii) Eligible bidders.--The entities
that shall be eligible to bid in the
auction of the C-block and D-block
licenses described in clause (i) shall
be those entities that were qualified
entities, and that submitted
applications to participate in auction
44, by May 8, 2002, as part of the
original auction 44 short form filing
deadline.
(iii) Auction deadlines for excepted
blocks.--Notwithstanding subparagraph
(B), the auction of the C-block and D-
block licenses described in clause (i)
shall be commenced no earlier than
August 19, 2002, and no later than
September 19, 2002, and the proceeds of
such auction shall be deposited in
accordance with paragraph (8) not later
than December 31, 2002.
[(iv) Report.--Within one year after
the date of enactment of this
paragraph, the Commission shall submit
a report to Congress--
[(I) specifying when the
Commission intends to
reschedule auctions 31 and 44
(other than the blocks excepted
by clause (i)); and
[(II) describing the progress
made by the Commission in the
digital television transition
and in the assignment and
allocation of additional
spectrum for advanced mobile
communications services that
warrants the scheduling of such
auctions.]
(v) Additional deadlines for
recovered analog spectrum.--
Notwithstanding subparagraph (B), the
Commission shall conduct the auction of
the licenses for recovered analog
spectrum by commencing the bidding not
later than January 28, 2008, and shall
deposit the proceeds of such auction in
accordance with paragraph (8)(E)(ii)
not later than June 30, 2008.
(vi) Recovered analog spectrum.--For
purposes of clause (v), the term
``recovered analog spectrum'' means the
spectrum between channels 52 and 69,
inclusive (between frequencies 698 and
806 megahertz, inclusive) reclaimed
from analog television service
broadcasting under paragraph (14),
other than--
(I) the spectrum required by
section 337 to be made
available for public safety
services; and
(II) the spectrum auctioned
prior to the date of enactment
of the Digital Television
Transition and Public Safety
Act of 2005.
(D) Return of payments.--Within one month
after the date of enactment of this paragraph,
the Commission shall return to the bidders for
licenses in the A-block, B-block, and E-block
of auction 44 the full amount of all upfront
payments made by such bidders for such
licenses.
(16) Special auction provisions for eligible
frequencies.--
(A) Special regulations.--The Commission
shall revise the regulations prescribed under
paragraph (4)(F) of this subsection to
prescribe methods by which the total cash
proceeds from any auction of eligible
frequencies described in section 113(g)(2) of
the National Telecommunications and Information
Administration Organization Act (47 U.S.C.
923(g)(2)) shall at least equal 110 percent of
the total estimated relocation or sharing costs
provided to the Commission pursuant to section
113(g)(4) of such Act.
(B) Conclusion of auctions contingent on
minimum proceeds.--The Commission shall not
conclude any auction of eligible frequencies
described in section 113(g)(2) of such Act if
the total cash proceeds attributable to such
spectrum are less than 110 percent of the total
estimated relocation or sharing costs provided
to the Commission pursuant to section 113(g)(4)
of such Act. If the Commission is unable to
conclude an auction for the foregoing reason,
the Commission shall cancel the auction, return
within 45 days after the auction cancellation
date any deposits from participating bidders
held in escrow, and absolve such bidders from
any obligation to the United States to bid in
any subsequent reauction of such spectrum.
(C) Authority to issue prior to
deauthorization.--In any auction conducted
under the regulations required by subparagraph
(A), the Commission may grant a license
assigned for the use of eligible frequencies
prior to the termination of an eligible Federal
entity's authorization. However, the Commission
shall condition such license by requiring that
the licensee cannot cause harmful interference
to such Federal entity until such entity's
authorization has been terminated by the
National Telecommunications and Information
Administration.
(17) Certain conditions on auction participation
prohibited.--
(A) In general.--Notwithstanding any other
provision of law, the Commission may not
prevent a person from participating in a system
of competitive bidding under this subsection if
such person--
(i) complies with all the auction
procedures and other requirements to
protect the auction process established
by the Commission; and
(ii) either--
(I) meets the technical,
financial, character, and
citizenship qualifications that
the Commission may require
under section 303(l)(1),
308(b), or 310 to hold a
license; or
(II) would meet such license
qualifications by means
approved by the Commission
prior to the grant of the
license.
(B) Clarification of authority.--Nothing in
subparagraph (A) affects any authority the
Commission has to adopt and enforce rules of
general applicability, including rules
concerning spectrum aggregation that promote
competition.
(k) Broadcast Station Renewal Procedures.--
(1) Standards for renewal.--If the licensee of a
broadcast station submits an application to the
Commission for renewal of such license, the Commission
shall grant the application if it finds, with respect
to that station, during the preceding term of its
license--
(A) the station has served the public
interest, convenience, and necessity;
(B) there have been no serious violations by
the licensee of this Act or the rules and
regulations of the Commission; and
(C) there have been no other violations by
the licensee of this Act or the rules and
regulations of the Commission which, taken
together, would constitute a pattern of abuse.
(2) Consequence of failure to meet standard.--If any
licensee of a broadcast station fails to meet the
requirements of this subsection, the Commission may
deny the application for renewal in accordance with
paragraph (3), or grant such application on terms and
conditions as are appropriate, including renewal for a
term less than the maximum otherwise permitted.
(3) Standards for denial.--If the Commission
determines, after notice and opportunity for a hearing
as provided in subsection (e), that a licensee has
failed to meet the requirements specified in paragraph
(1) and that no mitigating factors justify the
imposition of lesser sanctions, the Commission shall--
(A) issue an order denying the renewal
application filed by such licensee under
section 308; and
(B) only thereafter accept and consider such
applications for a construction permit as may
be filed under section 308 specifying the
channel or broadcasting facilities of the
former licensee.
(4) Competitor consideration prohibited.--In making
the determinations specified in paragraph (1) or (2),
the Commission shall not consider whether the public
interest, convenience, and necessity might be served by
the grant of a license to a person other than the
renewal applicant.
(l) Applicability of Competitive Bidding to Pending
Comparative Licensing Cases.--With respect to competing
applications for initial licenses or construction permits for
commercial radio or television stations that were filed with
the Commission before July 1, 1997, the Commission shall--
(1) have the authority to conduct a competitive
bidding proceeding pursuant to subsection (j) to assign
such license or permit;
(2) treat the persons filing such applications as the
only persons eligible to be qualified bidders for
purposes of such proceeding; and
(3) waive any provisions of its regulations necessary
to permit such persons to enter an agreement to procure
the removal of a conflict between their applications
during the 180-day period beginning on the date of
enactment of the Balanced Budget Act of 1997.
* * * * * * *
SEC. 331. VERY HIGH FREQUENCY STATIONS AND AM RADIO STATIONS.
(a) Very High Frequency Stations.--It shall be the policy of
the Federal Communications Commission to allocate channels for
very high frequency commercial television broadcasting in a
manner which ensures that not less than one such channel shall
be allocated to each State, if technically feasible. In any
case in which licensee of a very high frequency commercial
television broadcast station notifies the Commission to the
effect that such licensee will agree to the reallocation of its
channel to a community within a State in which there is
allocated no very high frequency commercial television
broadcast channel at the time such notification, the Commission
shall, not withstanding any other provision of law, order such
reallocation and issue a license to such licensee for that
purpose pursuant to such notification for a term of not to
exceed 5 years as provided in section 307(d) of the
Communications Act of 1934.
(b) AM Radio Stations.--It shall be the policy of the
Commission, in any case in which the licensee of an existing AM
daytime-only station located in a community with a population
of more than 100,000 persons that lacks a local full-time aural
station licensed to that community and that is located within a
Class I station primary service area notifies the Commission
that such licensee seeks to provide full-time service, to
ensure that such a licensee is able to place a principal
community contour signal over its entire community of license
24 hours a day, if technically feasible. [The Commission shall
report to the appropriate committees of Congress within 30 days
after the date of enactment of this Act on how it intends to
meet this policy goal.]
SEC. 332. MOBILE SERVICES.
(a) In taking actions to manage the spectrum to be made
available for use by the private mobile services, the
Commission shall consider, consistent with section 1 of this
Act, whether such actions will--
(1) promote the safety of life and property;
(2) improve the efficiency of spectrum use and reduce
the regulatory burden upon spectrum users, based upon
sound engineering principles, user operational
requirements, and marketplace demands;
(3) encourage competition and provide services to the
largest feasible number of users; or
(4) increase interservice sharing opportunities
between private mobile services and other services.
(b)(1) The Commission, in coordinating the assignment of
frequencies to stations in the private mobile services and in
the fixed services (as defined by the Commission by rule),
shall have authority to utilize assistance furnished by
advisory coordinating committees consisting of individuals who
are not officers or employees of the Federal Government.
(2) The authority of the Commission established in this
subsection 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)).
(3) Any person who provides assistance to the Commission
under this subsection shall not be considered, by reason of
having provided such assistance, a Federal employee.
(4) Any advisory coordinating committee which furnishes
assistance to the Commission under this subsection shall not be
subject to the provisions of the Federal Advisory Committee
Act.
(c) Regulatory Treatment of Mobile Services.--
(1) Common carrier treatment of commercial mobile
services.--(A) A person engaged in the provision of a
service that is a commercial mobile service shall,
insofar as such person is so engaged, be treated as a
common carrier for purposes of this Act, except for
such provisions of title II as the Commission may
specify by regulation as inapplicable to that service
or person. In prescribing or amending any such
regulation, the Commission may not specify any
provision of section 201, 202, or 208, and may specify
any other provision only if the Commission determines
that--
(i) enforcement of such provision is not
necessary in order to ensure that the charges,
practices, classifications, or regulations for
or in connection with that service are just and
reasonable and are not unjustly or unreasonably
discriminatory;
(ii) enforcement of such provision is not
necessary for the protection of consumers; and
(iii) specifying such provision is consistent
with the public interest.
(B) Upon reasonable request of any person providing
commercial mobile service, the Commission shall order a
common carrier to establish physical connections with
such service pursuant to the provisions of section 201
of this Act. Except to the extent that the Commission
is required to respond to such a request, this
subparagraph shall not be construed as a limitation or
expansion of the Commission's authority to order
interconnection pursuant to this Act.
(C) [The Commission shall review competitive market
conditions with respect to commercial mobile services
and shall include in its annual report an analysis of
those conditions. Such analysis shall include an
identification of the number of competitors in various
commercial mobile services, an analysis of whether or
not there is effective competition, an analysis of
whether any of such competitors have a dominant share
of the market for such services, and a statement of
whether additional providers or classes of providers in
those services would be likely to enhance competition.]
As a part of making a determination with respect to the
public interest under subparagraph (A)(iii), the
Commission shall consider whether the proposed
regulation (or amendment thereof) will promote
competitive market conditions, including the extent to
which such regulation (or amendment) will enhance
competition among providers of commercial mobile
services. If the Commission determines that such
regulation (or amendment) will promote competition
among providers of commercial mobile services, such
determination may be the basis for a Commission finding
that such regulation (or amendment) is in the public
interest.
(D) The Commission shall, not later than 180 days
after the date of enactment of this subparagraph,
complete a rulemaking required to implement this
paragraph with respect to the licensing of personal
communications services, including making any
determinations required by subparagraph (C).
(2) Non-common carrier treatment of private mobile
services.--A person engaged in the provision of a
service that is a private mobile service shall not,
insofar as such person is so engaged, be treated as a
common carrier for any purpose under this Act. A common
carrier (other than a person that was treated as a
provider of a private land mobile service prior to the
enactment of the Omnibus Budget Reconciliation Act of
1993) shall not provide any dispatch service on any
frequency allocated for common carrier service, except
to the extent such dispatch service is provided on
stations licensed in the domestic public land mobile
radio service before January 1, 1982. The Commission
may by regulation terminate, in whole or in part, the
prohibition contained in the preceding sentence if the
Commission determines that such termination will serve
the public interest.
(3) State preemption.--(A) Notwithstanding sections
2(b) and 221(b), no State or local government shall
have any authority to regulate the entry of or the
rates charged by any commercial mobile service or any
private mobile service, except that this paragraph
shall not prohibit a State from regulating the other
terms and conditions of commercial mobile services.
Nothing in this subparagraph shall exempt providers of
commercial mobile services (where such services are a
substitute for land line telephone exchange service for
a substantial portion of the communications within such
State) from requirements imposed by a State commission
on all providers of telecommunications services
necessary to ensure the universal availability of
telecommunications service at affordable rates.
Notwithstanding the first sentence of this
subparagraph, a State may petition the Commission for
authority to regulate the rates for any commercial
mobile service and the Commission shall grant such
petition if such State demonstrates that--
(i) market conditions with respect to such
services fail to protect subscribers adequately
from unjust and unreasonable rates or rates
that are unjustly or unreasonably
discriminatory; or
(ii) such market conditions exist and such
service is a replacement for land line
telephone exchange service for a substantial
portion of the telephone land line exchange
service within such State.
The Commission shall provide reasonable opportunity for
public comment in response to such petition, and shall,
within 9 months after the date of its submission, grant
or deny such petition. If the Commission grants such
petition, the Commission shall authorize the State to
exercise under State law such authority over rates, for
such periods of time, as the Commission deems necessary
to ensure that such rates are just and reasonable and
not unjustly or unreasonably discriminatory.
(B) If a State has in effect on June 1, 1993, any
regulation concerning the rates for any commercial
mobile service offered in such State on such date, such
State may, no later than 1 year after the date of
enactment of the Omnibus Budget Reconciliation Act of
1993, petition the Commission requesting that the State
be authorized to continue exercising authority over
such rates. If a State files such a petition, the
State's existing regulation shall, notwithstanding
subparagraph (A), remain in effect until the Commission
completes all action (including any reconsideration) on
such petition. The Commission shall review such
petition in accordance with the procedures established
in such subparagraph, shall complete all action
(including any reconsideration) within 12 months after
such petition is filed, and shall grant such petition
if the State satisfies the showing required under
subparagraph (A)(i) or (A)(ii). If the Commission
grants such petition, the Commission shall authorize
the State to exercise under State law such authority
over rates, for such period of time, as the Commission
deems necessary to ensure that such rates are just and
reasonable and not unjustly or unreasonably
discriminatory. After a reasonable period of time, as
determined by the Commission, has elapsed from the
issuance of an order under subparagraph (A) or this
subparagraph, any interested party may petition the
Commission for an order that the exercise of authority
by a State pursuant to such subparagraph is no longer
necessary to ensure that the rates for commercial
mobile services are just and reasonable and not
unjustly or unreasonably discriminatory. The Commission
shall provide reasonable opportunity for public comment
in response to such petition, and shall, within 9
months after the date of its submission, grant or deny
such petition in whole or in part.
(4) Regulatory treatment of communications satellite
corporation.--Nothing in this subsection shall be
construed to alter or affect the regulatory treatment
required by title IV of the Communications Satellite
Act of 1962 of the corporation authorized by title III
of such Act.
(5) Space segment capacity.--Nothing in this section
shall prohibit the Commission from continuing to
determine whether the provision of space segment
capacity by satellite systems to providers of
commercial mobile services shall be treated as common
carriage.
(6) Foreign ownership.--The Commission, upon a
petition for waiver filed within 6 months after the
date of enactment of the Omnibus Budget Reconciliation
Act of 1993, may waive the application of section
310(b) to any foreign ownership that lawfully existed
before May 24, 1993, of any provider of a private land
mobile service that will be treated as a common carrier
as a result of the enactment of the Omnibus Budget
Reconciliation Act of 1993, but only upon the following
conditions:
(A) The extent of foreign ownership interest
shall not be increased above the extent which
existed on May 24, 1993.
(B) Such waiver shall not permit the
subsequent transfer of ownership to any other
person in violation of section 310(b).
(7) Preservation of local zoning authority.--
(A) General authority.--Except as provided in
this paragraph, nothing in this Act shall limit
or affect the authority of a State or local
government or instrumentality thereof over
decisions regarding the placement,
construction, and modification of personal
wireless service facilities.
(B) Limitations.--
(i) The regulation of the placement,
construction, and modification of
personal wireless service facilities by
any State or local government or
instrumentality thereof--
(I) shall not unreasonably
discriminate among providers of
functionally equivalent
services; and
(II) shall not prohibit or
have the effect of prohibiting
the provision of personal
wireless services.
(ii) A State or local government or
instrumentality thereof shall act on
any request for authorization to place,
construct, or modify personal wireless
service facilities within a reasonable
period of time after the request is
duly filed with such government or
instrumentality, taking into account
the nature and scope of such request.
(iii) Any decision by a State or
local government or instrumentality
thereof to deny a request to place,
construct, or modify personal wireless
service facilities shall be in writing
and supported by substantial evidence
contained in a written record.
(iv) No State or local government or
instrumentality thereof may regulate
the placement, construction, and
modification of personal wireless
service facilities on the basis of the
environmental effects of radio
frequency emissions to the extent that
such facilities comply with the
Commission's regulations concerning
such emissions.
(v) Any person adversely affected by
any final action or failure to act by a
State or local government or any
instrumentality thereof that is
inconsistent with this subparagraph
may, within 30 days after such action
or failure to act, commence an action
in any court of competent jurisdiction.
The court shall hear and decide such
action on an expedited basis. Any
person adversely affected by an act or
failure to act by a State or local
government or any instrumentality
thereof that is inconsistent with
clause (iv) may petition the Commission
for relief.
(C) Definitions.--For purposes of this
paragraph--
(i) the term ``personal wireless
services'' means commercial mobile
services, unlicensed wireless services,
and common carrier wireless exchange
access services;
(ii) the term ``personal wireless
service facilities'' means facilities
for the provision of personal wireless
services; and
(iii) the term ``unlicensed wireless
service'' means the offering of
telecommunications services using duly
authorized devices which do not require
individual licenses, but does not mean
the provision of direct-to-home
satellite services (as defined in
section 303(v)).
(8) Mobile services access.--A person engaged in the
provision of commercial mobile services, insofar as
such person is so engaged, shall not be required to
provide equal access to common carriers for the
provision of telephone toll services. If the Commission
determines that subscribers to such services are denied
access to the provider of telephone toll services of
the subscribers' choice, and that such denial is
contrary to the public interest, convenience, and
necessity, then the Commission shall prescribe
regulations to afford subscribers unblocked access to
the provider of telephone toll services of the
subscribers' choice through the use of a carrier
identification code assigned to such provider or other
mechanism. The requirements for unblocking shall not
apply to mobile satellite services unless the
Commission finds it to be in the public interest to
apply such requirements to such services.
(d) Definitions.--For purposes of this section--
(1) the term ``commercial mobile service'' means any
mobile service (as defined in section 3) that is
provided for profit and makes interconnected service
available (A) to the public or (B) to such classes of
eligible users as to be effectively available to a
substantial portion of the public, as specified by
regulation by the Commission;
(2) the term ``interconnected service'' means service
that is interconnected with the public switched network
(as such terms are defined by regulation by the
Commission) or service for which a request for
interconnection is pending pursuant to subsection
(c)(1)(B); and
(3) the term ``private mobile service'' means any
mobile service (as defined in section 3) that is not a
commercial mobile service or the functional equivalent
of a commercial mobile service, as specified by
regulation by the Commission.
* * * * * * *
SEC. 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.]
(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the
program required by this subsection.
(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.
(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. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE
CARRIERS.
(a) Provisions Relating to Carriage of Distant Signals.--
(1) Carriage permitted.--
(A) In general.--Subject to section 119 of
title 17, United States Code, any satellite
carrier shall be permitted to provide the
signals of no more than two network stations in
a single day for each television network to any
household not located within the local markets
of those network stations.
(B) Additional service.--In addition to
signals provided under subparagraph (A), any
satellite carrier may also provide service
under the statutory license of section 122 of
title 17, United States Code, to the local
market within which such household is located.
The service provided under section 122 of such
title may be in addition to the two signals
provided under section 119 of such title.
(2) Replacement of distant signals with local
signals.--Notwithstanding any other provision of
paragraph (1), the following rules shall apply after
the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004:
(A) Rules for grandfathered subscribers.--
(i) For those receiving distant
signals.--In the case of a subscriber
of a satellite carrier who is eligible
to receive the signal of a network
station solely by reason of section
119(e) of title 17, United States Code
(in this subparagraph referred to as a
``distant signal''), and who, as of
October 1, 2009, is receiving the
distant signal of that network station,
the following shall apply:
(I) In a case in which the
satellite carrier makes
available to the subscriber the
signal of a local network
station affiliated with the
same television network
pursuant to section 338, the
carrier may only provide the
secondary transmissions of the
distant signal of a station
affiliated with the same
network to that subscriber--
(aa) if, within 60
days after receiving
the notice of the
satellite carrier under
section 338(h)(1) of
this Act, the
subscriber elects to
retain the distant
signal; but
(bb) only until such
time as the subscriber
elects to receive such
local signal.
(II) Notwithstanding
subclause (I), the carrier may
not retransmit the distant
signal to any subscriber who is
eligible to receive the signal
of a network station solely by
reason of section 119(e) of
title 17, United States Code,
unless such carrier, within 60
days after the date of the
enactment of the Satellite Home
Viewer Extension and
Reauthorization Act of 2004,
submits to that television
network the list and statement
required by subparagraph
(F)(i).
(ii) For those not receiving distant
signals.--In the case of any subscriber
of a satellite carrier who is eligible
to receive the distant signal of a
network station solely by reason of
section 119(e) of title 17, United
States Code, and who did not receive a
distant signal of a station affiliated
with the same network on October 1,
2009, the carrier may not provide the
secondary transmissions of the distant
signal of a station affiliated with the
same network to that subscriber.
(B) Rules for other subscribers.--
(i) In general.--In the case of a
subscriber of a satellite carrier who
is eligible to receive the signal of a
network station under this section (in
this subparagraph referred to as a
``distant signal''), other than
subscribers to whom subparagraph (A)
applies, the following shall apply:
(I) In a case in which the
satellite carrier makes
available to that subscriber,
on January 1, 2005, the signal
of a local network station
affiliated with the same
television network pursuant to
section 338, the carrier may
only provide the secondary
transmissions of the distant
signal of a station affiliated
with the same network to that
subscriber if the subscriber's
satellite carrier, not later
than March 1, 2005, submits to
that television network the
list and statement required by
subparagraph (F)(i).
(II) In a case in which the
satellite carrier does not make
available to that subscriber,
on January 1, 2005, the signal
of a local network station
pursuant to section 338, the
carrier may only provide the
secondary transmissions of the
distant signal of a station
affiliated with the same
network to that subscriber if--
(aa) that subscriber
seeks to subscribe to
such distant signal
before the date on
which such carrier
commences to carry
pursuant to section 338
the signals of stations
from the local market
of such local network
station; and
(bb) the satellite
carrier, within 60 days
after such date,
submits to each
television network the
list and statement
required by
subparagraph (F)(ii).
(ii) Special circumstances.--A
subscriber of a satellite carrier who
was lawfully receiving the distant
signal of a network station on the day
before the date of enactment of the
Satellite Television Extension and
Localism Act of 2010 may receive both
such distant signal and the local
signal of a network station affiliated
with the same network until such
subscriber chooses to no longer receive
such distant signal from such carrier,
whether or not such subscriber elects
to subscribe to such local signal.
(C) Future applicability.--A satellite
carrier may not provide a distant signal
(within the meaning of subparagraph (A) or (B))
to a person who--
(i) is not a subscriber lawfully
receiving such secondary transmission
as of the date of the enactment of
the Satellite Television Extension and
Localism Act of 2010 and, at the time
such person seeks to subscribe to
receive such secondary transmission,
resides in a local market where the
satellite carrier makes available to
that person the signal of a local
network station affiliated with the
same television network pursuant to
section 338 (and the retransmission of
such signal by such carrier can reach
such subscriber); or
(ii) lawfully subscribes to and
receives a distant signal on or after
the date of enactment of the Satellite
Television Extension and Localism Act
of 2010, and, subsequent to such
subscription, the satellite carrier
makes available to that subscriber the
signal of a local network station
affiliated with the same network as the
distant signal (and the retransmission
of such signal by such carrier can
reach such subscriber), unless such
person subscribes to the signal of the
local network station within 60 days
after such signal is made available.
(D) Special rules for distant signals.--
(i) Eligibility and signal testing.--
A subscriber of a satellite carrier
shall be eligible to receive a distant
signal of a network station affiliated
with the same network under this
section if, with respect to a local
network station, such subscriber--
(I) is a subscriber whose
household is not predicted by
the model specified in
subsection (c)(3) to receive
the signal intensity required
under section 73.622(e)(1) or,
in the case of a low-power
station or translator station
transmitting an analog signal,
section 73.683(a) of title 47,
Code of Federal Regulations, or
a successor regulation;
(II) is determined, based on
a test conducted in accordance
with section 73.686(d) of title
47, Code of Federal
Regulations, or any successor
regulation, not to be able to
receive a signal that exceeds
the signal intensity standard
in section 73.622(e)(1) or, in
the case of a low-power station
or translator station
transmitting an analog signal,
section 73.683(a) of such
title, or a successor
regulation; or
(III) is in an unserved
household, as determined under
section 119(d)(10)(A) of title
17, United States Code.
(ii) Pre-enactment distant signal
subscribers.--Any eligible subscriber
under this subparagraph who is a lawful
subscriber to such a distant signal as
of the date of enactment of the
Satellite Television Extension and
Localism Act of 2010 may continue to
receive such distant signal.
(iii) Time-shifting prohibited.--In a
case in which the satellite carrier
makes available to an eligible
subscriber under this subparagraph the
signal of a local network station
pursuant to section 338, the carrier
may only provide the distant signal of
a station affiliated with the same
network to that subscriber if, in the
case of any local market in the 48
contiguous States of the United States,
the distant signal is the secondary
transmission of a station whose prime
time network programming is generally
broadcast simultaneously with, or later
than, the prime time network
programming of the affiliate of the
same network in the local market.
(iv) Savings provision.--Nothing in
this subparagraph shall be construed to
affect a satellite carrier's
obligations under section 338.
(E) Authority to grant station-specific
waivers.--This paragraph shall not prohibit a
retransmission of a distant signal of any
distant network station to any subscriber to
whom the signal of a local network station
affiliated with the same network is available,
if and to the extent that such local network
station has affirmatively granted a waiver from
the requirements of this paragraph to such
satellite carrier with respect to
retransmission of such distant network station
to such subscriber.
(F) Notices to networks of distant signal
subscribers.--
(i) Within 60 days after the date of
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of
2004, each satellite carrier that
provides a distant signal of a network
station to a subscriber pursuant to
subparagraph (A) or (B)(i) of this
paragraph shall submit to each
network--
(I) a list, aggregated by
designated market area,
identifying each subscriber
provided such a signal by--
(aa) name;
(bb) address (street
or rural route number,
city, State, and zip
code); and
(cc) the distant
network signal or
signals received; and
(II) a statement that, to the
best of the carrier's knowledge
and belief after having made
diligent and good faith
inquiries, the subscriber is
qualified under the existing
law to receive the distant
network signal or signals
pursuant to subparagraph (A) or
(B)(i) of this paragraph.
(ii) Within 60 days after the date a
satellite carrier commences to carry
pursuant to section 338 the signals of
stations from a local market, such a
satellite carrier that provides a
distant signal of a network station to
a subscriber pursuant to subparagraph
(B)(ii) of this paragraph shall submit
to each network--
(I) a list identifying each
subscriber in that local market
provided such a signal by--
(aa) name;
(bb) address (street
or rural route number,
city, State, and zip
code); and
(cc) the distant
network signal or
signals received; and
(II) a statement that, to the
best of the carrier's knowledge
and belief after having made
diligent and good faith
inquiries, the subscriber is
qualified under the existing
law to receive the distant
network signal or signals
pursuant to subparagraph
(B)(ii) of this paragraph.
(G) Other provisions not affected.--This
paragraph shall not affect the eligibility of a
subscriber to receive secondary transmissions
under section 340 of this Act or as an unserved
household included under section 119(a)(12) of
title 17, United States Code.
(H) Available defined.--For purposes of this
paragraph, a satellite carrier makes available
a local signal to a subscriber or person if the
satellite carrier offers that local signal to
other subscribers who reside in the same zip
code as that subscriber or person.
(3) Penalty for violation.--Any satellite carrier
that knowingly and willfully provides the signals of
television stations to subscribers in violation of this
subsection shall be liable for a forfeiture penalty
under section 503 in the amount of $50,000 for each
violation or each day of a continuing violation.,
except that paragraph (2)(D) of this subsection,
relating to the provision of distant digital signals,
shall be enforceable under the provisions of section
340(f)
(b) Extension of Network Nonduplication, Syndicated
Exclusivity, and Sports Blackout to Satellite Retransmission.--
(1) Extension of protections.--Within 45 days after
the date of the enactment of the Satellite Home Viewer
Improvement Act of 1999, the Commission shall commence
a single rulemaking proceeding to establish regulations
that--
(A) apply network nonduplication protection
(47 CFR 76.92) syndicated exclusivity
protection (47 CFR 76.151), and sports blackout
protection (47 CFR 76.67) to the retransmission
of the signals of nationally distributed
superstations by satellite carriers to
subscribers; and
(B) to the extent technically feasible and
not economically prohibitive, apply sports
blackout protection (47 CFR 76.67) to the
retransmission of the signals of network
stations by satellite carriers to subscribers.
(2) Deadline for action.--The Commission shall
complete all actions necessary to prescribe regulations
required by this section so that the regulations shall
become effective within 1 year after such date of
enactment.
(c) Eligibility for Retransmission.--
[(1) Study of digital strength testing procedures.--
[(A) Study required.--Not later than 1 year
after the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Federal
Communications Commission shall complete an
inquiry regarding whether, for purposes of
identifying if a household is unserved by an
adequate digital signal under section
119(d)(10) of title 17, United States Code, the
digital signal strength standard in section
73.622(e)(1) of title 47, Code of Federal
Regulations, or the testing procedures in
section 73.686(d) of title 47, Code of Federal
Regulations, such statutes or regulations
should be revised to take into account the
types of antennas that are available to
consumers.
[(B) Study considerations.--In conducting the
study under this paragraph, the Commission
shall consider whether--
[(i) to account for the fact that an
antenna can be mounted on a roof or
placed in a home and can be fixed or
capable of rotating;
[(ii) section 73.686(d) of title 47,
Code of Federal Regulations, should be
amended to create different procedures
for determining if the requisite
digital signal strength is present than
for determining if the requisite analog
signal strength is present;
[(iii) a standard should be used
other than the presence of a signal of
a certain strength to ensure that a
household can receive a high-quality
picture using antennas of reasonable
cost and ease of installation;
[(iv) to develop a predictive
methodology for determining whether a
household is unserved by an adequate
digital signal under section 119(d)(10)
of title 17, United States Code;
[(v) there is a wide variation in the
ability of reasonably priced consumer
digital television sets to receive
over-the-air signals, such that at a
given signal strength some may be able
to display high-quality pictures while
others cannot, whether such variation
is related to the price of the
television set, and whether such
variation should be factored into
setting a standard for determining
whether a household is unserved by an
adequate digital signal; and
[(vi) to account for factors such as
building loss, external interference
sources, or undesired signals from both
digital television and analog
television stations using either the
same or adjacent channels in nearby
markets, foliage, and man-made clutter.
[(C) Report.--Not later than 1 year after the
date of the enactment of the Satellite Home
Viewer Extension and Reauthorization Act of
2004, the Federal Communications Commission
shall submit to the Committee on Energy and
Commerce of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate a report
containing--
[(i) the results of the study under
this paragraph; and
[(ii) recommendations, if any, as to
what changes should be made to Federal
statutes or regulations.]
(2) Waivers.--A subscriber who is denied the
retransmission of a signal of a network station under
section 119 of title 17, United States Code, may
request a waiver from such denial by submitting a
request, through such subscriber's satellite carrier,
to the network station asserting that the
retransmission is prohibited. The network station shall
accept or reject a subscriber's request for a waiver
within 30 days after receipt of the request. The
subscriber shall be permitted to receive such
retransmission under section 119(d)(10)(B) of title 17,
United States Code, if such station agrees to the
waiver request and files with the satellite carrier a
written waiver with respect to that subscriber allowing
the subscriber to receive such retransmission. If a
television network station fails to accept or reject a
subscriber's request for a waiver within the 30-day
period after receipt of the request, that station shall
be deemed to agree to the waiver request and have filed
such written waiver.
(3) Establishment of improved predictive model and
on-location testing required.--
(A) Predictive model.--Within 270 days after
the date of the enactment of the Satellite
Television Extension and Localism Act of 2010,
the Commission shall develop and prescribe by
rule a point-to-point predictive model for
reliably and presumptively determining the
ability of individual locations, through the
use of an antenna, to receive signals in
accordance with the signal intensity standard
in section 73.622(e)(1) of title 47, Code of
Federal Regulations, or a successor regulation,
including to account for the continuing
operation of translator stations and low power
television stations. In prescribing such model,
the Commission shall rely on the Individual
Location Longley-Rice model set forth by the
Commission in CS Docket No. 98-201, as
previously revised with respect to analog
signals, and as recommended by the Commission
with respect to digital signals in its Report
to Congress in ET Docket No. 05-182, FCC 05-199
(released December 9, 2005). The Commission
shall establish procedures for the continued
refinement in the application of the model by
the use of additional data as it becomes
available.
(B) On-location testing.--The Commission
shall issue an order completing its rulemaking
proceeding in ET Docket No. 06-94 within 270
days after the date of enactment of the
Satellite Television Extension and Localism Act
of 2010. In conducting such rulemaking, the
Commission shall seek ways to minimize consumer
burdens associated with on-location testing.
(4) Objective verification.--
(A) In general.--If a subscriber's request
for a waiver under paragraph (2) is rejected
and the subscriber submits to the subscriber's
satellite carrier a request for a test
verifying the subscriber's inability to receive
a signal of the signal intensity referenced in
clause (i) of subsection (a)(2)(D), the
satellite carrier and the network station or
stations asserting that the retransmission is
prohibited with respect to that subscriber
shall select a qualified and independent person
to conduct the test referenced in such clause.
Such test shall be conducted within 30 days
after the date the subscriber submits a request
for the test. If the written findings and
conclusions of a test conducted in accordance
with such clause demonstrate that the
subscriber does not receive a signal that meets
or exceeds the requisite signal intensity
standard in such clause, the subscriber shall
not be denied the retransmission of a signal of
a network station under section 119(d)(10)(A)
of title 17, United States Code.
(B) Designation of tester and allocation of
costs.--If the satellite carrier and the
network station or stations asserting that the
retransmission is prohibited are unable to
agree on such a person to conduct the test, the
person shall be designated by an independent
and neutral entity designated by the Commission
by rule. Unless the satellite carrier and the
network station or stations otherwise agree,
the costs of conducting the test under this
paragraph shall be borne by the satellite
carrier, if the station's signal meets or
exceeds such requisite signal intensity
standard, or by the network station, if its
signal fails to meet or exceed such standard.
(C) Avoidance of undue burden.--Commission
regulations prescribed under this paragraph
shall seek to avoid any undue burden on any
party.
(D) Reduction of verification burdens.--
Within 1 year after the date of enactment of
the Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Commission
shall by rule exempt from the verification
requirements of subparagraph (A) any request
for a test made by a subscriber to a satellite
carrier to whom the retransmission of the
signals of local broadcast stations is
available under section 338 from such carrier.
(E) Exception.--A satellite carrier may
refuse to engage in the testing process. If the
carrier does so refuse, a subscriber in a local
market in which the satellite carrier does not
offer the signals of local broadcast stations
under section 338 may, at his or her own
expense, authorize a signal intensity test to
be performed pursuant to the procedures
specified by the Commission in section
73.686(d) of title 47, Code of Federal
Regulations, by a tester who is approved by the
satellite carrier and by each affected network
station, or who has been previously approved by
the satellite carrier and by each affected
network station but not previously disapproved.
A tester may not be so disapproved for a test
after the tester has commenced such test. The
tester shall give 5 business days advance
written notice to the satellite carrier and to
the affected network station or stations. A
signal intensity test conducted in accordance
with this subparagraph shall be determinative
of the signal strength received at that
household for purposes of determining whether
the household is capable of receiving a signal.
(5) Definition.--Notwithstanding subsection (d)(4),
for purposes of paragraphs (2) and (4) of this
subsection, the term ``satellite carrier'' includes a
distributor (as defined in section 119(d)(1) of title
17, United States Code), but only if the satellite
distributor's relationship with the subscriber includes
billing, collection, service activation, and service
deactivation.
(d) Definitions.--For the purposes of this section:
(1) Local market.--The term ``local market'' has the
meaning given that term under section 122(j) of title
17, United States Code.
(2) Nationally distributed superstation.--The term
``nationally distributed superstation'' means a
television broadcast station, licensed by the
Commission, that--
(A) is not owned or operated by or affiliated
with a television network that, as of January
1, 1995, offered interconnected program service
on a regular basis for 15 or more hours per
week to at least 25 affiliated television
licensees in 10 or more States;
(B) on May 1, 1991, was retransmitted by a
satellite carrier and was not a network station
at that time; and
(C) was, as of July 1, 1998, retransmitted by
a satellite carrier under the statutory license
of section 119 of title 17, United States Code.
(3) Network station.--The term ``network station''
has the meaning given such term under section 119(d) of
title 17, United States Code.
(4) Satellite carrier.--The term ``satellite
carrier'' has the meaning given such term under section
119(d) of title 17, United States Code.
(5) Television network.--The term ``television
network'' means a television network in the United
States which offers an interconnected program service
on a regular basis for 15 or more hours per week to at
least 25 affiliated broadcast stations in 10 or more
States.
* * * * * * *
PART IV--ASSISTANCE FOR PUBLIC TELECOMMUNICATIONS FACILITIES;
TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING
* * * * * * *
Subpart D--Corporation for Public Broadcasting
SEC. 396. DECLARATION OF POLICY.
(a) The Congress hereby finds and declares that--
(1) it is in the public interest to encourage the
growth and development of public radio and television
broadcasting, including the use of such media for
instructional, educational, and cultural purposes;
(2) it is in the public interest to encourage the
growth and development of nonbroadcast
telecommunications technologies for the delivery of
public telecommunications services;
(3) expansion and development of public
telecommunications and of diversity of its programming
depend on freedom, imagination, and initiative on both
local and national levels;
(4) the encouragement and support of public
telecommunications, while matters of importance for
private and local development, are also of appropriate
and important concern to the Federal Government;
(5) it furthers the general welfare to encourage
public telecommunications services which will be
responsive to the interests of people both in
particular localities and throughout the United States,
which will constitute an expression of diversity and
excellence, and which will constitute a source of
alternative telecommunications services for all the
citizens of the Nation;
(6) it is in the public interest to encourage the
development of programming that involves creative risks
and that addresses the needs of unserved and
underserved audiences, particularly children and
minorities;
(7) it is necessary and appropriate for the Federal
Government to complement, assist, and support a
national policy that will most effectively make public
telecommunications services available to all citizens
of the United States;
(8) public television and radio stations and public
telecommunications services constitute valuable local
community resources for utilizing electronic media to
address national concerns and solve local problems
through community programs and outreach programs;
(9) it is in the public interest for the Federal
Government to ensure that all citizens of the United
States have access to public telecommunications
services through all appropriate available
telecommunications distribution technologies; and
(10) a private corporation should be created to
facilitate the development of public telecommunications
and to afford maximum protection from extraneous
interference and control.
Corporation Established
(b) There is authorized to be established a nonprofit
corporation, to be known as the ``Corporation for Public
Broadcasting'', which will not be an agency or establishment of
the United States Government. The Corporation shall be subject
to the provisions of this section, and, to the extent
consistent with this section, to the District of Columbia
Nonprofit Corporation Act.
Board of Directors
(c)(1) The Corporation for Public Broadcasting shall have a
Board of Directors (hereinafter in this section referred to as
the ``Board''), consisting of 9 members appointed by the
President, by and with the advice and consent of the Senate. No
more than 5 members of the Board appointed by the President may
be members of the same political party.
(2) The 9 members of the Board appointed by the President (A)
shall be selected from among citizens of the United States (not
regular full-time employees of the United States) who are
eminent in such fields as education, cultural and civic
affairs, or the arts, including radio and television; and (B)
shall be selected so as to provide as nearly as practicable a
broad representation of various regions of the Nation, various
professions and occupations, and various kinds of talent and
experience appropriate to the functions and responsibilities of
the Corporation.
(3) Of the members of the Board appointed by the President
under paragraph (1), one member shall be selected from among
individuals who represent the licensees and permittees of
public television stations, and one member shall be selected
from among individuals who represent the licensees and
permittees of public radio stations.
(4) The members of the initial Board of Directors shall serve
as incorporators and shall take whatever actions are necessary
to establish the Corporation under the District of Columbia
Nonprofit Corporation Act.
(5) The term of office of each member of the Board appointed
by the President shall be 6 years, except as provided in
section 5(c) of the Public Telecommunications Act of 1992. Any
member whose term has expired may serve until such member's
successor has taken office, or until the end of the calendar
year in which such member's term has expired, whichever is
earlier. Any member appointed to fill a vacancy occurring prior
to the expiration of the term for which such member's
predecessor was appointed shall be appointed for the remainder
of such term. No member of the Board shall be eligible to serve
in excess of 2 consecutive full terms.
(6) Any vacancy in the Board shall not affect its power, but
shall be filled in the manner consistent with this Act.
(7) Members of the Board shall attend not less than 50
percent of all duly convened meetings of the Board in any
calendar year. A member who fails to meet the requirement of
the preceding sentence shall forfeit membership and the
President shall appoint a new member to fill such vacancy not
later then 30 days after such vacancy is determined by the
Chairman of the Board.
Election of Chairman and Vice Chairman; Compensation
(d)(1) Members of the Board shall annually elect one of their
members to be Chairman and elect one or more of their members
as a Vice Chairman or Vice Chairmen.
(2) The members of the Board shall not, by reason of such
membership, be deemed to be officers or employees of the United
States. They shall, while attending meetings of the Board or
while engaged in duties related to such meetings or other
activities of the Board pursuant to this subpart, be entitled
to receive compensation at the rate of $150 per day, including
traveltime. No Board member shall receive compensation of more
than $10,000 in any fiscal year. While away from their homes or
regular places of business, Board members shall be allowed
travel and actual, reasonable, and necessary expenses.
Officers and Employees
(e)(1) The Corporation shall have a President, and such other
officers as may be named and appointed by the Board for terms
and at rates of compensation fixed by the Board. No officer or
employee of the Corporation may be compensated by the
Corporation at an annual rate of pay which exceeds the rate of
basic pay in effect from time to time for level I of the
Executive Schedule under section 5312 of title 5, United States
Code. No individual other than a citizen of the United States
may be an officer of the Corporation. No officer of the
Corporation, other than the Chairman or a Vice Chairman, may
receive any salary or other compensation (except for
compensation for services on boards of directors of other
organizations that do not receive funds from the Corporation,
on committees of such boards, and in similar activities for
such organizations) from any sources other than the Corporation
for services rendered during the period of his or her
employment by the Corporation. Service by any officer on boards
of directors of other organizations, on committees of such
boards, and in similar activities for such organizations shall
be subject to annual advance approval by the Board and subject
to the provisions of the Corporation's Statement of Ethical
Conduct. All officers shall serve at the pleasure of the Board.
(2) Except as provided in the second sentence of subsection
(c)(1) of this section, no political test or qualification
shall be used in selecting, appointing, promoting, or taking
other personnel actions with respect to officers, agents, and
employees of the Corporation.
Nonprofit and Nonpolitical Nature of the Corporation
(f)(1) The Corporation shall have no power to issue any
shares of stock, or to declare or pay any dividends.
(2) No part of the income or assets of the Corporation shall
inure to the benefit of any director, officer, employee, or any
other individual except as salary or reasonable compensation
for services.
(3) The Corporation may not contribute to or otherwise
support any political party or candidate for elective public
office.
Purposes and Activities of Corporation
(g)(1) In order to achieve the objectives and to carry out
the purposes of this subpart, as set out in subsection (a), the
Corporation is authorized to--
(A) facilitate the full development of public
telecommunications in which programs of high quality,
diversity, creativity, excellence, and innovation,
which are obtained from diverse sources, will be made
available to public telecommunications entities, with
strict adherence to objectivity and balance in all
programs or series of programs of a controversial
nature;
(B) assist in the establishment and development of
one or more interconnection systems to be used for the
distribution of public telecommunications services so
that all public telecommunications entities may
disseminate such services at times chosen by the
entities;
(C) assist in the establishment and development of
one or more systems of public telecommunications
entities throughout the United States; and
(D) carry out its purposes and functions and engage
in its activities in ways that will most effectively
assure the maximum freedom of the public
telecommunications entities and systems from
interference with, or control of, program content or
other activities.
(2) In order to carry out the purposes set forth in
subsection (a), the Corporation is authorized to--
(A) obtain grants from and make contracts with
individuals and with private, State, and Federal
agencies, organizations, and institutions;
(B) contract with or make grants to public
telecommunications entities, national, regional, and
other systems of public telecommunications entities,
and independent producers and production entities, for
the production or acquisition of public
telecommunications services to be made available for
use by public telecommunications entities, except
that--
(i) to the extent practicable, proposals for
the provision of assistance by the Corporation
in the production or acquisition of programs or
series of programs shall be evaluated on the
basis of comparative merit by panels of outside
experts, representing diverse interests and
perspectives, appointed by the Corporation; and
(ii) nothing in this subparagraph shall be
construed to prohibit the exercise by the
Corporation of its prudent business judgement
with respect to any grant to assist in the
production or acquisition of any program or
series of programs recommended by any such
panel;
(C) make payments to existing and new public
telecommunications entities to aid in financing the
production or acquisition of public telecommunications
services by such entities, particularly innovative
approaches to such services, and other costs of
operation of such entities;
(D) establish and maintain, or contribute to, a
library and archives of noncommercial educational and
cultural radio and television programs and related
materials and develop public awareness of, and
disseminate information about, public
telecommunications services by various means, including
the publication of a journal;
(E) arrange, by grant to or contract with appropriate
public or private agencies, organizations, or
institutions, for interconnection facilities suitable
for distribution and transmission of public
telecommunications services to public
telecommunications entities;
(F) hire or accept the voluntary services of
consultants, experts, advisory boards, and panels to
aid the Corporation in carrying out the purposes of
this subpart;
(G) conduct (directly or through grants or contracts)
research, demonstrations, or training in matters
related to public television or radio broadcasting and
the use of nonbroadcast communications technologies for
the dissemination of noncommercial educational and
cultural television or radio programs;
(H) make grants or contracts for the use of
nonbroadcast telecommunications technologies for the
dissemination to the public of public
telecommunications services; and
(I) take such other actions as may be necessary to
accomplish the purposes set forth in subsection (a).
Nothing contained in this paragraph shall be construed to
commit the Federal Government to provide any sums for the
payment of any obligation of the Corporation which exceeds
amounts provided in advance in appropriation Acts.
(3) To carry out the foregoing purposes and engage in the
foregoing activities, the Corporation shall have the usual
powers conferred upon a nonprofit corporation by the District
of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-1001
et seq.), except that the Corporation is prohibited from--
(A) owning or operating any television or radio
broadcast station, system, or network, community
antenna television system, interconnection system or
facility, program production facility, or any public
telecommunications entity, system, or network; and
(B) producing programs, scheduling programs for
dissemination, or disseminating programs to the public.
(4) All meetings of the Board of Directors of the
Corporation, including any committee of the Board, shall be
open to the public under such terms, conditions, and exceptions
as are set forth in subsection (k)(4).
(5) The Corporation, in consultation with interested parties,
shall create a 5-year plan for the development of public
telecommunications services. Such plan shall be updated
annually by the Corporation.
Interconnection Service
(h)(1) Nothing in this Act, or in any other provision of law,
shall be construed to prevent United States communications
common carriers from rendering free or reduced rate
communications interconnection services for public television
or radio services, subject to such rules and regulations as the
Commission may prescribe.
(2) Subject to such terms and conditions as may be
established by public telecommunications entities receiving
space satellite interconnection facilities or services
purchased or arranged for, in whole or in part, with funds
authorized under this part, other public telecommunications
entities shall have reasonable access to such facilities or
services for the distribution of educational and cultural
programs to public telecommunications entities. Any remaining
capacity shall be made available to other persons for the
transmission of noncommercial educational and cultural programs
and program information relating to such programs, to public
telecommunications entities, at a charge or charges comparable
to the charge or charges, if any, imposed upon a public
telecommunciations entity for the distribution of noncommercial
educational and cultural programs to public telecommunications
entities. No such person shall be denied such access whenever
sufficient capacity is available.
[Report to Congress
[(i)(1) The Corporation shall submit an annual report for the
preceding fiscal year ending September 30 to the President for
transmittal to the Congress on or before the 15th day of May of
each year. The report shall include--
[(A) a comprehensive and detailed report of the
Corporation's operations, activities, financial
condition, and accomplishments under this subpart and
such recommendations as the Corporation deems
appropriate;
[(B) a comprehensive and detailed inventory of funds
distributed by Federal agencies to public
telecommunications entities during the preceding fiscal
year;
[(C) a listing of each organization that receives a
grant from the Corporation to produce programming, the
name of the producer of any programming produced under
each such grant, the title or description of any
program so produced, and the amount of each such grant;
[(D) the summary of the annual report provided to the
Secretary pursuant to section 398(b)(4).
[(2) The officers and directors of the Corporation shall be
available to testify before appropriate committees of the
Congress with respect to such report, the report of any audit
made by the Comptroller General pursuant to subsection (1), or
any other matter which such committees may determine.]
Right to Repeal, Alter, or Amend
(j) The right to repeal, alter, or amend this section at any
time is expressly reserved.
Financing; Open Meetings and Financial Records
(k)(1)(A) There is hereby established in the Treasury a fund
which shall be known as the Public Broadcasting Fund
(hereinafter in this subsection referred to as the ``Fund''),
to be administered by the Secretary of the Treasury.
(B) There is authorized to be appropriated to the Fund, for
each of the fiscal years 1978, 1979 and 1980, an amount equal
to 40 percent of the total amount of non-Federal financial
support received by public broadcasting entities during the
fiscal year second preceding each such fiscal year, except that
the amount so appropriated shall not exceed $121,000,000 for
fiscal year 1978, $140,000,000 for fiscal year 1979, and
$160,000,000 for fiscal year 1980.
(C) There is authorized to be appropriated to the Fund, for
each of the fiscal years 1981, 1982, 1983, 1984, 1985, 1986,
1987, 1988, 1989, 1990, 1991, 1992, and 1993, an amount equal
to 40 percent of the total amount of non-Federal financial
support received by public broadcasting entities during the
fiscal year second preceding each such fiscal year, except that
the amount so appropriated shall not exceed $265,000,000 for
fiscal year 1992, $285,000,000 for fiscal year 1993,
$310,000,000 for fiscal year 1994, $375,000,000 for fiscal year
1995, and $425,000,000 for fiscal year 1996.
(D) In addition to any amounts authorized
under any other provision of this or any other
Act to be appropriated to the Fund, $20,000,000
are hereby authorized to be appropriated to the
Fund (notwithstanding any other provision of
this subsection) specifically for transition
from the use of analog to digital technology
for the provision of public broadcasting
services for fiscal year 2001.
(E) Funds appropriated under this subsection shall remain
available until expended.
[(F) In recognition of the importance of educational programs
and services, and the expansion of public radio services, to
unserved and underserved audiences, the Corporation, after
consultation with the system of public telecommunications
entities, shall prepare and submit to the Congress an annual
report for each of the fiscal years 1994, 1995, and 1996 on the
Corporation's activities and expenditures relating to those
programs and services.]
(2)(A) The funds authorized to be appropriated by this
subsection shall be used by the Corporation, in a prudent and
financially responsible manner, solely for its grants,
contracts, and administrative costs, except that the
Corporation may not use any funds appropriated under this
subpart for purposes of conducting any reception, or providing
any other entertainment, for any officer or employee of the
Federal Government or any State or local government. The
Corporation shall determine the amount of non-Federal financial
support received by public broadcasting entities during each of
the fiscal years referred to in paragraph (1) for the purpose
of determining the amount of each authorization, and shall
certify such amount to the Secretary of the Treasury, except
that the Corporation may include in its certification non-
Federal financial support received by a public broadcasting
entity during its most recent fiscal year ending before
September 30 of the year for which certification is made. Upon
receipt of such certification, the Secretary of the Treasury
shall make available to the Corporation, from such funds as may
be appropriated to the Fund, the amount authorized for each of
the fiscal years pursuant to the provisions of this subsection.
(B) Funds appropriated and made available under this
subsection shall be disbursed by the Secretary of the Treasury
on a fiscal year basis.
(3)(A)(i) The Corporation shall establish an annual budget
for use in allocating amounts from the Fund. Of the amounts
appropriated into the Fund available for allocation for any
fiscal year--
(I) $10,200,000 shall be available for the
administrative expenses of the Corporation for fiscal
year 1989, and for each succeeding fiscal year the
amount which shall be available for such administrative
expenses shall be the sum of the amount made available
to the Corporation under this subclause for such
expenses in the preceding fiscal year plus the greater
of 4 percent of such amount or a percentage of such
amount equal to the percentage change in the Consumer
Price Index, except that none of the amounts allocated
under subclauses (II), (III), and (IV) and clause (v)
shall be used for any administrative expenses of the
Corporation and not more than 5 percent of all the
amounts appropriated into the Fund available for
allocation for any fiscal year shall be available for
such administrative expenses;
(II) 6 percent of such amounts shall be available for
expenses incurred by the Corporation for capital costs
relating to telecommunications satellites, the payment
of programming royalties and other fees, the costs of
interconnection facilities and operations (as provided
in clause (iv)(I)), and grants which the Corporation
may make for assistance to stations that broadcast
programs in languages other than English or for
assistance in the provision of affordable training
programs for employees at public broadcast stations,
and if the available funding level permits, for
projects and activities that will enhance public
broadcasting;
(III) 75 percent of the remainder (after allocations
are made under subclause (I) and subclause (II)) shall
be allocated in accordance with clause (ii);
(IV) 25 percent of such remainder shall be allocated
in accordance with clause (iii).
(ii) Of the amounts allocated under clause (i)(III) for any
fiscal year--
(I) 75 percent of such amounts shall be available for
distribution among the licensees and permittees of
public television stations pursuant to paragraph
(6)(B); and
(II) 25 percent of such amounts shall be available
for distribution under subparagraph (B)(i), and in
accordance with any plan implemented under paragraph
(6)(A), for national public television programming.
(iii) Of the amounts allocated under clause (i)(IV) for any
fiscal year--
(I) 70 percent of such amounts shall be available for
distribution among the licensees and permittees of
public radio stations pursuant to paragraph (6)(B);
(II) 7 percent of such amounts shall be available for
distribution under subparagraph (B)(i) for public radio
programming; and
(III) 23 percent of such amounts shall be available
for distribution among the licensees and permittees of
public radio stations pursuant to paragraph (6)(B),
solely to be used for acquiring or producing
programming that is to be distributed nationally and is
designed to serve the needs of a national audience.
(iv)(I) From the amount provided pursuant to clause (i)(II),
the Corporation shall defray an amount equal to 50 percent of
the total costs of interconnection facilities and operations to
facilitate the availability of public television and radio
programs among public broadcasts stations.
(II) Of the amounts received as the result of any contract,
lease agreement, or any other arrangement under which the
Corporation directly or indirectly makes available
interconnection facilities, 50 percent of such amounts shall be
distributed to the licensees and permittees of public
television stations and public radio stations. The Corporation
shall not have any authority to establish any requirements,
guidelines, or limitations with respect to the use of such
amounts by such licensees and permittees.
(v) Of the interest on the amounts appropriated into the Fund
which is available for allocation for any fiscal year--
(I) 75 percent shall be available for distribution
for the purposes referred to in clause (ii)(II); and
(II) 25 percent shall be available for distribution
for the purposes referred to in clause (iii)(II) and
(III).
(B)(i) The Corporation shall utilize the funds allocated
pursuant to subparagraph (A)(ii)(II) and subparagraph
(A)(iii)(II) to make grants for production of public television
or radio programs by independent producers and production
entities and public telecommunications entities, producers of
national children's educational programming, and producers of
programs addressing the needs and interest of minorities, and
for acquisition of such programs by public telecommunications
entities. The Corporation may make grants to public
telecommunications entities and producers for the production of
programs in languages other than English. Of the funds utilized
pursuant to this clause, a substantial amount shall be
distributed to independent producers and production entities,
producers of national children's educational programming, and
producers of programming addressing the needs and interests of
minorities for the production of programs.
(ii) All funds available for distribution under clause (i)
shall be distributed to entities outside the Corporation and
shall not be used for the general administrative costs of the
Corporation, the salaries or related expenses of Corporation
personnel and members of the Board, or for expenses of
consultants and advisers to the Corporation.
(iii)(I) For fiscal year 1990 and succeeding fiscal years,
the Corporation shall, in carrying out its obligations under
clause (i) with respect to public television programming,
provide adequate funds for an independent production service.
(II) Such independent production service shall be separate
from the Corporation and shall be incorporated under the laws
of the District of Columbia for the purpose of contracting with
the Corporation for the expenditure of funds for the production
of public television programs by independent producers and
independent production entities.
(III) The Corporation shall work with organizations or
associations of independent producers or independent production
entities to develop a plan and budget for the operation of such
service that is acceptable to the Corporation.
(IV) The Corporation shall ensure that the funds provided to
such independent production service shall be used exclusively
in pursuit of the Corporation's obligation to expand the
diversity and innovativeness of programming available to public
broadcasting.
[(V) The Corporation shall report annually to Congress
regarding the activities and expenditures of the independent
production service, including carriage and viewing information
for programs produced or acquired with funds provided pursuant
to subclause (I). At the end of fiscal years 1992, 1993, 1994,
and 1995, the Corporation shall submit a report to Congress
evaluating the performance of the independent production
service in light of its mission to expand the diversity and
innovativeness of programming available to public
broadcasting.]
(VI) The Corporation shall not contract to provide funds to
any such independent production service, unless that service
agrees to comply with public inspection requirements
established by the Corporation within 3 months after the date
of enactment of this subclause. Under such requirements the
service shall maintain at its offices a public file, updated
regularly, containing information relating to the service's
award of funds for the production of programming. The
information shall be available for public inspection and
copying for at least 3 years and shall be of the same kind as
the information required to be maintained by the Corporation
under subsection (l)(4)(B).
(4) Funds may not be distributed pursuant to this subsection
to the Public Broadcasting Service or National Public Radio (or
any successor organization), or to the licensee or permittee of
any public broadcast station, unless the governing body of any
such organization, any committee of such governing body, or any
advisory body of any such organization, holds open meetings
preceded by reasonable notice to the public. All persons shall
be permitted to attend any meeting of the board, or of any such
committee or body, and no person shall be required, as a
condition to attendance at any such meeting, to register such
person's name or to provide any other information. Nothing
contained in this paragraph shall be construed to prevent any
such board, committee, or body from holding closed sessions to
consider matters relating to individual employees, proprietary
information, litigation and other matters requiring the
confidential advice of counsel, commercial or financial
information obtained from a person on a privileged or
confidential basis, or the purchase of property or services
whenever the premature exposure of such purchase would
compromise the business interests of any such organization. If
any such meeting is closed pursuant to the provisions of this
paragraph, the organization involved shall thereafter (within a
reasonable period of time) make available to the public a
written statement containing an explanation of the reasons for
closing the meeting.
(5) Funds may not be distributed pursuant to this subsection
to any public telecommunications entity that does not maintain
for public examination copies of the annual financial and audit
reports, or other information regarding finances, submitted to
the Corporation pursuant to subsection (1)(3)(B).
(6)(A) The Corporation shall conduct a study and prepare a
plan in consultation with public television licensees (or
designated representatives of those licensees) and the Public
Broadcasting Service, on how funds available to the Corporation
under paragraph (3)(A)(ii)(II) can be best allocated to meet
the objectives of this Act with regard to national public
television programming. The plan, which shall be based on the
conclusions resulting from the study, shall be submitted by the
Corporation to the Congress not later than January 31, 1990.
Unless directed otherwise by an Act of Congress, the
Corporation shall implement the plan during the first fiscal
year beginning after the fiscal year in which the plan is
submitted to Congress.
(B) The Corporation shall make a basic grant from the portion
reserved for television stations under paragraph (3)(A)(ii)(I)
to each licensee and permittee of a public television station
that is on the air. The Corporation shall assist radio stations
to maintain and improve their service where public radio is the
only broadcast service available. The balance of the portion
reserved for television stations and the total portion reserved
for radio stations under paragraph (3)(A)(iii)(I) shall be
distributed to licensees and permittees of such stations in
accordance with eligibility criteria (which the Corporation
shall review periodically in consultation with public radio and
television licensees or permittees, or their designated
representatives) that promote the public interest in public
broadcasting, and on the basis of a formula designed to--
(i) provide for the financial needs and requirements
of stations in relation to the communities and
audiences such stations undertake to serve;
(ii) maintain existing, and stimulate new, sources of
non-Federal financial support for stations by providing
incentives for increases in such support; and
(iii) assure that each eligible licensee and
permittee of a public radio station receives a basic
grant.
(7) The funds distributed pursuant to paragraph (3)(A)(ii)(I)
and (iii)(I) may be used at the discretion of the recipient for
purposes related primarily to the production or acquisition of
programming.
(8)(A) Funds may not be distributed pursuant to this subpart
to any public broadcast station (other than any station which
is owned and operated by a state, a political or special
purpose subdivision of a state or a public agency) unless such
station establishes a community advisory board. Any such
station shall undertake good faith efforts to assure that (i)
its advisory board meets at regular intervals; (ii) the members
of its advisory board regularly attend the meetings of the
advisory board; and (iii) the composition of its advisory board
are reasonably representative of the diverse needs and
interests of the communities served by such station.
(B) The board shall be permitted to review the programming
goals established by the station, the service provided by the
station, and the significant policy decisions rendered by the
station. The board may also be delegated any other
responsibilities, as determined by the governing body of the
station. The board shall advise the governing body of the
station with respect to whether the programming and other
policies of such station are meeting the specialized
educational and cultural needs of the communities served by the
station, and may make such recommendations as it considers
appropriate to meet such needs.
(C) The role of the board shall be solely advisory in nature,
except to the extent other responsibilities are delegated to
the board by the governing body of the station. In no case
shall the board have any authority to exercise any control over
the daily management or operation of the station.
(D) In the case of any public broadcast station (other than
any station which is owned and operated by a state, a political
or special purpose subdivision of a State, or a public agency)
in existence on the effective date of this paragraph, such
station shall comply with the requirements of this paragraph
with respect to the establishment of a community advisory board
not later than 180 days after such effective date.
(E) The provision of subparagraph (A) prohibiting the
distribution of funds to any public broadcast station (other
than any station which is owned and operated by a State, a
political or special purpose subdivision of a State, or a
public agency) unless such station establishes a community
advisory board shall be the exclusive remedy for the
enforcement of the provisions of this paragraph.
(9) Funds may not be distributed pursuant to this subsection
to the Public Broadcasting Service or National Public Radio (or
any successor organization) unless assurances are provided to
the Corporation that no officer or employee of the Public
Broadcasting Service or National Public Radio (or any successor
organization), as the case may be, will be compensated in
excess of reasonable compensation as determined pursuant to
Section 4958 of the Internal Revenue Code for services that the
officer or employee renders to organization, and unless further
assurances are provided to the Corporation that no officer or
employee of such an entity will be loaned money by that entity
on an interest-free basis.
(10)(A) There is hereby established in the Treasury a fund
which shall be known as the Public Broadcasting Satellite
Interconnection Fund (hereinafter in this subsection referred
to as the ``Satellite Interconnection Fund''), to be
administered by the Secretary of the Treasury.
(B) There is authorized to be appropriated to the Satellite
Interconnection Fund, for fiscal year 1991, the amount of
$200,000,000. If such amount is not appropriated in full for
fiscal year 1991, the portion of such amount not yet
appropriated is authorized to be approriated for fiscal years
1992 and 1993. Funds appropriated to the Satellite
Interconnection Fund shall remain available until expended.
(C) The Secretary of the Treasury shall make available and
disburse to the Corporation, at the beginning of fiscal year
1991 and of each succeeding fiscal year thereafter, such funds
as have been appropriated to the Satellite Interconnection Fund
for the fiscal year in which such disbursement is to be made.
(D) Notwithstanding any other provision of this subsection
except paragraphs (4), (5), (8), and (9), all funds
appropriated to the Satellite Interconnection Fund and interest
thereon--
(i) shall be distributed by the Corporation to the
licensees and permittees of noncommercial educational
television broadcast stations providing public
telecommunications services or the national entity they
designate for satellite interconnection purposes and to
those public telecommunications entities participating
in the public radio satellite interconnection system or
the national entity they designate for satellite
interconnection purposes, exclusively for the capital
costs of the replacement, refurbishment, or upgrading
of their national satellite interconnection systems and
associated maintenance of such systems; and
(ii) shall not be used for the administrative costs
of the Corporation, the salaries or related expenses of
Corporation personnel and members of the Board, or for
expenses of consultants and advisers to the
Corporation.
(11)(A) Funds may not be distributed pursuant to this
subsection for any fiscal year to the licensee or permittee of
any public broadcast station if such licensee or permittee--
(i) fails to certify to the Corporation that such
licensee or permittee complies with the Commission's
regulations concerning equal employment opportunity as
published under section 73.2080 of title 47, Code of
Federal Regulations, or any successor regulations
thereto; or
(ii) fails to submit to the Corporation the report
required by subparagraph (B) for the preceding calendar
year.
(B) A licensee or permittee of any public broadcast station
with more than five full-time employees to file annually with
the Corporation a statistical report, consistent with reports
required by Commission regulation, identifying by race and sex
the number of employees in each of the following full-time and
part-time job categories:
(i) Officials and managers.
(ii) Professionals.
(iii) Technicians.
(iv) Semiskilled operatives.
(v) Skilled craft persons.
(vi) Clerical and office personnel.
(vii) Unskilled operatives.
(viii) Service workers.
(C) In addition, such report shall state the number of job
openings occurring during the course of the year. Where the job
openings were filled in accordance with the regulations
described in subparagraph (A)(i), the report shall so certify,
and where the job openings were not filled in accordance with
such regulations, the report shall contain a statement
providing reasons therefor. The statistical report shall be
available to the public at the central office and at every
location where more than five full-time employees are regularly
assigned to work.
(12) Funds may not be distributed under this subsection to
any public broadcasting entity that directly or indirectly--
(A) rents contributor or donor names (or other
personally identifiable information) to or from, or
exchanges such names or information with, any Federal,
State, or local candidate, political party, or
political committee; or
(B) discloses contributor or donor names, or other
personally identifiable information, to any
nonaffiliated third party unless--
(i) such entity clearly and conspicuously
discloses to the contributor or donor that such
information may be disclosed to such third
party;
(ii) the contributor or donor is given the
opportunity, before the time that such
information is initially disclosed, to direct
that such information not be disclosed to such
third party; and
(iii) the contributor or donor is given an
explanation of how the contributor or donor may
exercise that nondisclosure option.
Records and Audit
(l)(1)(A) The accounts of the Corporation shall be audited
annually in accordance with generally accepted auditing
standards by independent certified public accountants or
independent licensed public accountants certified or licensed
by a regulatory authority of a State or other political
subdivision of the United States, except that such requirements
shall not preclude shared auditing arrangements between any
public telecommunications entity and its licensee where such
licensee is a public or private institution. The audits shall
be conducted at the place or places where the accounts of the
Corporation are normally kept. All books, accounts, financial
records, reports, files, and all other papers, things, or
property belonging to or in use by the Corporation and
necessary to facilitate the audits shall be made available to
the person or persons conducting the audits; and full
facilities for verifying transactions with the balances or
securities held by depositories, fiscal agents and custodians
shall be afforded to such person or persons.
(B) The report of each such independent audit [shall be
included in the annual report required by subsection (i) of
this section. The audit report] shall set forth the scope of
the audit and include such statements as are necessary to
present fairly the Corporation's assets and liabilities,
surplus or deficit, with an analysis of the changes therein
during the year, supplemented in reasonable detail by a
statement of the Corporation's income and expenses during the
year, and a statement of the sources and application of funds,
together with the independent author's opinion of those
statements.
(2)(A) The financial transactions of the Corporation for any
fiscal year during which Federal funds are available to finance
any portion of its operations may be audited by the General
Accounting Office in accordance with the principles and
procedures applicable to commercial corporate transactions and
under such rules and regulations as may be prescribed by the
Comptroller General of the United States. Any such audit shall
be conducted at the place or places where accounts of the
Corporation are normally kept. The representative of the
General Accounting Office shall have access to all books,
accounts, records, reports, files, and all other papers,
things, or property belonging to or in use by the Corporation
pertaining to its financial transactions and necessary to
facilitate the audit, and they shall be afforded full
facilities for verifying transactions with the balances or
securities held by depositories, fiscal agents, and custodians.
All such books, accounts, records, reports, files, papers and
property of the Corporation shall remain in possession and
custody of the Corporation.
(B) A report of each such audit shall be made by the
Comptroller General to the Congress. The report to the Congress
shall contain such comments and information as the Comptroller
General may deem necessary to inform Congress of the financial
operations and condition of the Corporation, together with such
recommendations with respect thereto as he may deem advisable.
The report shall also show specifically any program,
expenditure, or other financial transaction or undertaking
observed in the course of the audit, which, in the opinion of
the Comptroller General, has been carried on or made without
authority of law. A copy of each report shall be furnished to
the President, to the Secretary, and to the Corporation at the
time submitted to the Congress.
(3)(A) Not later than 1 year after the effective date of this
paragraph, the Corporation, in consultation with the
Comptroller General, and as appropriate with others, shall
develop accounting principles which shall be used uniformly by
all public telecommunications entities receiving funds under
this subpart, taking into account organizational differences
among various categories of such entites. Such principles shall
be designed to account fully for all funds received and
expended for public telecommunications purposes by such
entities.
(B) Each public telecommunications entity receiving funds
under this subpart shall be required--
(i) to keep its books, records, and accounts in such
form as may be required by the Corporation;
(ii)(I) to undergo a biennial audit by independent
certified public accountants or independent licensed
public accountants certified or licensed by a
regulatory authority of a State, which audit shall be
in accordance with auditing standards developed by the
Corporation, in consultation with the Comptroller
General; or
(II) to submit a financial statement in lieu of the
audit required by subclause (I) if the Corporation
determines that the cost burden of such audit on such
entity is excessive in light of the financial condition
of such entity; and
(iii) to furnish biennuially to the Corporation a
copy of the audit report required pursuant to the
clause (ii), as well as such other information
regarding finances (including an annual financial
report) as the Corporation may require.
(C) Any recipient of assistance by grant or contract under
this section, other than a fixed price contract awarded
pursuant to competitive bidding procedures, shall keep such
records as may be reasonably necessary to disclose fully the
amount and the disposition by such recipient of such
assistance, that total cost of the project or undertaking in
connection with which such assistance is given or used, and the
amount and nature of that portion of the cost of the projects
or undertaking supplied by other sources, and such other
records as will facilitate an effective audit.
(D) The Corporation or any of its duly authorized
representatives shall have access to any books, documents,
papers, and records of any recipient of assistance for the
purpose of auditing and examining all funds received or
expended for public telecommunications purposes by the
recipient. The Comptroller General of the United States or any
of his duly authorized representatives also shall have access
to such books, documents, papers, and records for the purpose
of auditing and examining all funds received or expended for
public telecommunications purposes during any fiscal year for
which Federal funds are available to the Corporation.
(4)(A) The Corporation shall maintain the information
described in subparagraphs (B), (C), and (D) at its offices for
public inspection and copying for at least 3 years, according
to such reasonable guidelines as the Corporation may issue.
This public file shall be updated regularly. This paragraph
shall be effective upon its enactment and shall apply to all
grants awarded after January 1, 1993.
(B) Subsequent to any award of funds by the Corporation for
the production or acquisition of national broadcasting
programming pursuant to subsection (k)(3)(A) (ii)(II) or
(iii)(II), the Corporation shall make available for public
inspection the following:
(i) Grant and solicitation guidelines for proposals
for such programming.
(ii) The reasons for selecting the proposal for which
the award was made.
(iii) Information on each program for which the award
was made, including the names of the awardee and
producer (and if the awardee or producer is a
corporation or partnership, the principals of such
corporation or partnership), the monetary amount of the
award, and the title and description of the program
(and of each program in a series of programs).
(iv) A report based on the final audit findings
resulting from any audit of the award by the
Corporation or the Comptroller General.
(v) Reports which the Corporation shall require to be
provided by the awardee relating to national public
broadcasting programming funded, produced, or acquired
by the awardee with such funds. Such reports shall
include, where applicable, the information described in
clauses (i), (ii), and (iii), but shall exclude
proprietary, confidential, or privileged information.
(C) The Corporation shall make available for public
inspection the final report required by the Corporation on an
annual basis from each recipient of funds under subsection
(k)(3)(A)(iii)(III), excluding proprietary, confidential, or
privileged information.
(D) The Corporation shall make available for public
inspection an annual list of national programs distributed by
public broadcasting entities that receive funds under
subsection (k)(3)(A) (ii)(III) or (iii)(II) and are engaged
primarily in the national distribution of public television or
radio programs. Such list shall include the names of the
programs (or program series), producers, and providers of
funding.
[(m)(1) Prior to July 1, 1989, and every three years
thereafter, the Corporation shall compile an assessment of the
needs of minority and diverse audiences, the plans of public
broadcasting entities and public telecommunications entities to
address such needs, the ways radio and television can be used
to help these underrepresented groups, and projections
concerning minority employment by public broadcasting entities
and public telecommunications entities. Such assessment shall
address the needs of racial and ethnic minorities, new
immigrant populations, people for whom English is a second
language, and adults who lack basic reading skills.
[(2) Commencing July 1, 1989, the Corporation shall prepare
an annual report on the provision by public broadcasting
entities and public telecommunications entities of service to
the audiences described in paragraph (1). Such report shall
address programming (including that which is produced by
minority producers), training, minority employment, and efforts
by the Corporation to increase the number of minority public
radio and television stations eligible for financial support
from the Corporation. Such report shall include a summary of
the statistical reports received by the Corporation pursuant to
subsection (k)(11), and a comparison of the information
contained in those reports with the information submitted by
the Corporation in the previous year's annual report.
[(3) As soon as they have been prepared, each assessment and
annual report required under paragraphs (1) and (2) shall be
submitted to Congress.]
Subpart E--General
* * * * * * *
SEC. 398. FEDERAL INTERFERENCE OR CONTROL PROHIBITED; EQUAL EMPLOYMENT
OPPORTUNITY.
(a) Nothing contained in this part shall be deemed (1) to
amend any other provision of, or requirement under, this Act;
or (2) except to the extent authorized in subsection (b), to
authorize any department, agency, officer, or employee of the
United States to exercise any direction, supervision, or
control over public telecommunications, or over the Corporation
or any of its grantees or contractors, or over the charter or
bylaws of the Corporation, or over the curriculum, program of
instruction, or personnel of any educational institution,
school system, or public telecommunications entity.
(b)(1) Equal opportunity in employment shall be afforded to
all persons by the Public Broadcasting Service and National
Public Radio (or any successor organization) and by all public
telecommunications entities receiving funds pursuant to subpart
C (hereinafter in this subsection referred to as
``recipients''), in accordance with the equal employment
opportunity regulations of the Commission, and no person shall
be subjected to discrimination in employment by any recipient
on the grounds of race, color, religion, national origin, or
sex.
(2)(A) The Secretary is authorized and directed to enforce
this subsection and to prescribe such rules and regulations as
may be necessary to carry out the functions of the Secretary
under this subsection.
(B) The Secretary shall provide for close coordination with
the Commission in the administration of the responsibilities of
the Secretary under this subsection which are of interest to or
affect the functions of the Commission so that, to the maximum
extent possible consistent with the enforcement
responsibilities of each, the reporting requirements of public
telecommunications entities shall be uniformly based upon
consistent definitions and categories of information.
(3)(A) The Corporation shall incorporate into each grant
agreement or contract with any recipient entered into on or
after the effective date of the rules and regulations
prescribed by the Secretary pursuant to paragraph (2)(A), a
statement indicating that, as a material part of the terms and
conditions of the grant agreement or contract, the recipient
will comply with the provisions of paragraph (1) and the rules
and regulations prescribed pursuant to paragraph (2)(A). Any
person which desires to be a recipient (within the meaning of
paragraph (1)) of funds under subpart C shall, before receiving
any such funds, provide to the Corporation any information
which the Corporation may require to satisfy itself that such
person is affording equal opportunity in employment in
accordance with the requirements of this subsection.
Determinations made by the Corporation in accordance with the
preceding sentence shall be based upon guidelines relating to
equal opportunity in employment which shall be established by
rule by the Secretary.
(B) If the Corporation is not satisfied that any such person
is affording equal opportunity in employment in accordance with
the requirements of this subsection, the Corporation shall
notify the Secretary, and the Secretary shall review the matter
and make a final determination regarding whether such person is
affording equal opportunity in employment. In any case in which
the Secretary conducts a review under the preceding sentence
the Corporation shall make funds available to the person
involved pursuant to the grant application of such person (if
the Corporation would have approved such application but for
the finding of the Corporation under this paragraph) pending a
final determination of the Secretary upon completion of such
review. The Corporation shall monitor the equal employment
opportunity practices of each recipient throughout the duration
of the grant or contract.
(C) The provisions of subparagraph (A) and subparagraph (B)
shall take effect on the effective date of the rules and
regulations prescribed by the Secretary pursuant to paragraph
(2)(A).
(4) Based upon its responsibilities under paragraph (3), the
Corporation shall provide an annual report for the preceding
fiscal year ending September 30 to the Secretary on or before
the 15th day of February of each year. The report shall contain
information in the form required by the Secretary. [The
Corporation shall submit a summary of such report to the
President and the Congress as part of the report required in
section 396(i).] The Corporation shall provide other
information in the form which the Secretary may require in
order to carry out the functions of the Secretary under this
subsection.
(5) Whenever the Secretary makes a final determination,
pursuant to the rules and regulations which the Secretary shall
prescribe, that a recipient is not in compliance with paragraph
(1), the Secretary shall within 10 days after such
determination, notify the recipient in writing of such
determination and request the recipient to secure compliance.
Unless the recipient within 120 days after receipt of such
written notice--
(A) demonstrates to the Secretary that the violation
has been corrected; or
(B) enters into a compliance agreement approved by
the Secretary;
the Secretary shall direct the Corporation to reduce or suspend
any further payments of funds under this part to the recipient
and the Corporation shall comply with such directive.
Resumption of payments shall take place only when the Secretary
certifies to the Corporation that the recipient has entered
into a compliance agreement approved by the Secretary. A
recipient whose funds have been reduced or suspended under this
paragraph may apply at any time to the Secretary for such
certification.
(c) Nothing in this section shall be construed to authorize
any department, agency, officer, or employee of the United
States to exercise any direction, supervision, or control over
the content or distribution of public telecommunications
programs and services, or over the curriculum or program of
instruction of any educational institution or school system.
* * * * * * *
TITLE VI--CABLE COMMUNICATIONS
* * * * * * *
PART II--USE OF CABLE CHANNELS AND CABLE OWNERSHIP RESTRICTIONS
* * * * * * *
SEC. 613. OWNERSHIP RESTRICTIONS.
(a) It shall be unlawful for a cable operator to hold a
license for multichannel multipoint distribution service, or to
offer satellite master antenna television service separate and
apart from any franchised cable service, in any portion of the
franchise area served by that cable operator's cable system.
The Commission--
(1) shall waive the requirements of this paragraph
for all existing multichannel multipoint distribution
services and satellite master antenna television
services which are owned by a cable operator on the
date of enactment of this paragraph;
(2) may waive the requirements of this paragraph to
the extent the Commission determines is necessary to
ensure that all significant portions of a franchise
area are able to obtain video programming; and
(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)]
623(k).
(c) The Commission may prescribe rules with respect to the
ownership or control of cable systems by persons who own or
control other media of mass communications which serve the same
community served by a cable system.
(d) Any State or franchising authority may not prohibit the
ownership or control of a cable system by any person because of
such person's ownership or control of any other media of mass
communications or other media interests. Nothing in this
section shall be construed to prevent any State or franchising
authority from prohibiting the ownership or control of a cable
system in a jurisdiction by any person (1) because of such
person's ownership or control of any other cable system in such
jurisdiction; or (2) in circumstances in which the State or
franchising authority determines that the acquisition of such a
cable system may eliminate or reduce competition in the
delivery of cable service in such jurisdiction.
(e)(1) Subject to paragraph (2), a State or franchising
authority may hold any ownership interest in any cable system.
(2) Any State or franchising authority shall not exercise any
editorial control regarding the content of any cable service on
a cable system in which such governmental entity holds
ownership interest (other than programming on any channel
designated for educational or governmental use), unless such
control is exercised through an entity separate from the
franchising authority.
(f)(1) In order to enhance effective competition, the
Commission shall, within one year after the date of enactment
of the Cable Television Consumer Protection and Competition Act
of 1992, conduct a proceeding--
(A) to prescribe rules and regulations establishing
reasonable limits on the number of cable subscribers a
person is authorized to reach through cable systems
owned by such person, or in which such person has an
attributable interest;
(B) to prescribe rules and regulations establishing
reasonable limits on the number of channels on a cable
system that can be occupied by a video programmer in
which a cable operator has an attributable interest;
and
(C) to consider the necessity and appropriateness of
imposing limitations on the degree to which
multichannel video programming distributors may engage
in the creation or production of video programming.
(2) In prescribing rules and regulations under paragraph (1),
the Commission shall, among other public interest objectives--
(A) ensure that no cable operator or group of cable
operators can unfairly impede, either because of the
size of any individual operator or because of joint
actions by a group of operators of sufficient size, the
flow of video programming from the video programmer to
the consumer;
(B) ensure that cable operators affiliated with video
programmers do not favor such programmers in
determining carriage on their cable systems or do not
unreasonably restrict the flow of the video programming
of such programmers to other video distributors;
(C) take particular account of the market structure,
ownership patterns, and other relationships of the
cable television industry, including the nature and
market power of the local franchise, the joint
ownership of cable systems and video programmers, and
the various types of non-equity controlling interests;
(D) account for any efficiencies and other benefits
that might be gained through increased ownership or
control;
(E) make such rules and regulations reflect the
dynamic nature of the communications marketplace;
(F) not impose limitations which would bar cable
operators from serving previously unserved rural areas;
and
(G) not impose limitations which would impair the
development of diverse and high quality video
programming.
(g) This section shall not apply to prohibit any combination
of any interests held by any person on July 1, 1984, to the
extent of the interests so held as of such date, if the holding
of such interests was not inconsistent with any applicable
Federal or State law or regulations in effect on that date.
(h) For purposes of this section, the term ``media of mass
communications'' shall have the meaning given such term under
section 309(i)(3)(C)(i) of this Act.
* * * * * * *
PART III--FRANCHISING AND REGULATION
* * * * * * *
SEC. 623. REGULATION OF RATES.
(a) Competition Preference; Local and Federal Regulation.--
(1) In general.--No Federal agency or State may
regulate the rates for the provision of cable service
except to the extent provided under this section and
section 612. Any franchising authority may regulate the
rates for the provision of cable service, or any other
communications service provided over a cable system to
cable subscribers, but only to the extent provided
under this section. No Federal agency, State, or
franchising authority may regulate the rates for cable
service of a cable system that is owned or operated by
a local government or franchising authority within
whose jurisdiction that cable system is located and
that is the only cable system located within such
jurisdiction.
(2) Preference for competition.--If the Commission
finds that a cable system is subject to effective
competition, the rates for the provision of cable
service by such system shall not be subject to
regulation by the Commission or by a State or
franchising authority under this section. If the
Commission finds that a cable system is not subject to
effective competition--
(A) the rates for the provision of basic
cable service shall be subject to regulation by
a franchising authority, or by the Commission
if the Commission exercises jurisdiction
pursuant to paragraph (6), in accordance with
the regulations prescribed by the Commission
under subsection (b); and
(B) the rates for cable programming services
shall be subject to regulation by the
Commission under subsection (c).
(3) Qualification of franchising authority.--A
franchising authority that seeks to exercise the
regulatory jurisdiction permitted under paragraph
(2)(A) shall file with the Commission a written
certification that--
(A) the franchising authority will adopt and
administer regulations with respect to the
rates subject to regulation under this section
that are consistent with the regulations
prescribed by the Commission under subsection
(b);
(B) the franchising authority has the legal
authority to adopt, and the personnel to
administer, such regulations; and
(C) procedural laws and regulations
applicable to rate regulation proceedings by
such authority provide a reasonable opportunity
for consideration of the views of interested
parties.
(4) Approval by commission.--A certification filed by
a franchising authority under paragraph (3) shall be
effective 30 days after the date on which it is filed
unless the Commission finds, after notice to the
authority and a reasonable opportunity for the
authority to comment, that--
(A) the franchising authority has adopted or
is administering regulations with respect to
the rates subject to regulation under this
section that are not consistent with the
regulations prescribed by the Commission under
subsection (b);
(B) the franchising authority does not have
the legal authority to adopt, or the personnel
to administer, such regulations; or
(C) procedural laws and regulations
applicable to rate regulation proceedings by
such authority do not provide a reasonable
opportunity for consideration of the views of
interested parties.
If the Commission disapproves a franchising authority's
certification, the Commission shall notify the
franchising authority of any revisions or modifications
necessary to obtain approval.
(5) Revocation of jurisdiction.--Upon petition by a
cable operator or other interested party, the
Commission shall review the regulation of cable system
rates by a franchising authority under this subsection.
A copy of the petition shall be provided to the
franchising authority by the person filing the
petition. If the Commission finds that the franchising
authority has acted inconsistently with the
requirements of this subsection, the Commission shall
grant appropriate relief. If the Commission, after the
franchising authority has had a reasonable opportunity
to comment, determines that the State and local laws
and regulations are not in conformance with the
regulations prescribed by the Commission under
subsection (b), the Commission shall revoke the
jurisdiction of such authority.
(6) Exercise of jurisdiction by commission.--If the
Commission disapproves a franchising authority's
certification under paragraph (4), or revokes such
authority's jurisdiction under paragraph (5), the
Commission shall exercise the franchising authority's
regulatory jurisdiction under paragraph (2)(A) until
the franchising authority has qualified to exercise
that jurisdiction by filing a new certification that
meets the requirements of paragraph (3). Such new
certification shall be effective upon approval by the
Commission. The Commission shall act to approve or
disapprove any such new certification within 90 days
after the date it is filed.
(7) Aggregation of equipment costs.--
(A) In general.--The Commission shall allow
cable operators, pursuant to any rules
promulgated under subsection (b)(3), to
aggregate, on a franchise, system, regional, or
company level, their equipment costs into broad
categories, such as converter boxes, regardless
of the varying levels of functionality of the
equipment within each such broad category. Such
aggregation shall not be permitted with respect
to equipment used by subscribers who receive
only a rate regulated basic service tier.
(B) Revision to commission rules; forms.--
Within 120 days of the date of enactment of the
Telecommunications Act of 1996, the Commission
shall issue revisions to the appropriate rules
and forms necessary to implement subparagraph
(A).
(b) Establishment of Basic Service Tier Rate Regulations.--
(1) Commission obligation to subscribers.--The
Commission shall, by regulation, ensure that the rates
for the basic service tier are reasonable. Such
regulations shall be designed to achieve the goal of
protecting subscribers of any cable system that is not
subject to effective competition from rates for the
basic service tier that exceed the rates that would be
charged for the basic service tier if such cable system
were subject to effective competition.
(2) Commission regulations.--Within 180 days after
the date of enactment of the Cable Television Consumer
Protection and Competition Act of 1992, the Commission
shall prescribe, and periodically thereafter revise,
regulations to carry out its obligations under
paragraph (1). In prescribing such regulations, the
Commission--
(A) shall seek to reduce the administrative
burdens on subscribers, cable operators,
franchising authorities, and the Commission;
(B) may adopt formulas or other mechanisms
and procedures in complying with the
requirements of subparagraph (A); and
(C) shall take into account the following
factors:
(i) the rates for cable systems, if
any, that are subject to effective
competition;
(ii) the direct costs (if any) of
obtaining, transmitting, and otherwise
providing signals carried on the basic
service tier, including signals and
services carried on the basic service
tier pursuant to paragraph (7)(B), and
changes in such costs;
(iii) only such portion of the joint
and common costs (if any) of obtaining,
transmitting, and otherwise providing
such signals as is determined, in
accordance with regulations prescribed
by the Commission, to be reasonably and
properly allocable to the basic service
tier, and changes in such costs;
(iv) the revenues (if any) received
by a cable operator from advertising
from programming that is carried as
part of the basic service tier or from
other consideration obtained in
connection with the basic service tier;
(v) the reasonably and properly
allocable portion of any amount
assessed as a franchise fee, tax, or
charge of any kind imposed by any State
or local authority on the transactions
between cable operators and cable
subscribers or any other fee, tax, or
assessment of general applicability
imposed by a governmental entity
applied against cable operators or
cable subscribers;
(vi) any amount required, in
accordance with paragraph (4), to
satisfy franchise requirements to
support public, educational, or
governmental channels or the use of
such channels or any other services
required under the franchise; and
(vii) a reasonable profit, as defined
by the Commission consistent with the
Commission's obligations to subscribers
under paragraph (1).
(3) Equipment.--The regulations prescribed by the
Commission under this subsection shall include
standards to establish, on the basis of actual cost,
the price or rate for--
(A) installation and lease of the equipment
used by subscribers to receive the basic
service tier, including a converter box and a
remote control unit and, if requested by the
subscriber, such addressable converter box or
other equipment as is required to access
programming described in paragraph (8); and
(B) installation and monthly use of
connections for additional television
receivers.
(4) Costs of franchise requirements.--The regulations
prescribed by the Commission under this subsection
shall include standards to identify costs attributable
to satisfying franchise requirements to support public,
educational, and governmental channels or the use of
such channels or any other services required under the
franchise.
(5) Implementation and enforcement.--The regulations
prescribed by the Commission under this subsection
shall include additional standards, guidelines, and
procedures concerning the implementation and
enforcement of such regulations, which shall include--
(A) procedures by which cable operators may
implement and franchising authorities may
enforce the regulations prescribed by the
Commission under this subsection;
(B) procedures for the expeditious resolution
of disputes between cable operators and
franchising authorities concerning the
administration of such regulations;
(C) standards and procedures to prevent
unreasonable charges for changes in the
subscriber's selection of services or equipment
subject to regulation under this section, which
standards shall require that charges for
changing the service tier selected shall be
based on the cost of such change and shall not
exceed nominal amounts when the system's
configuration permits changes in service tier
selection to be effected solely by coded entry
on a computer terminal or by other similarly
simple method; and
(D) standards and procedures to assure that
subscribers receive notice of the availability
of the basic service tier required under this
section.
(6) Notice.--The procedures prescribed by the
Commission pursuant to paragraph (5)(A) shall require a
cable operator to provide 30 days' advance notice to a
franchising authority of any increase proposed in the
price to be charged for the basic service tier.
(7) Components of basic tier subject to rate
regulation.--
(A) Minimum contents.--Each cable operator of
a cable system shall provide its subscribers a
separately available basic service tier to
which subscription is required for access to
any other tier of service. Such basic service
tier shall, at a minimum, consist of the
following:
(i) All signals carried in
fulfillment of the requirements of
sections 614 and 615.
(ii) Any public, educational, and
governmental access programming
required by the franchise of the cable
system to be provided to subscribers.
(iii) Any signal of any television
broadcast station that is provided by
the cable operator to any subscriber,
except a signal which is secondarily
transmitted by a satellite carrier
beyond the local service area of such
station.
(B) Permitted additions to basic tier.--A
cable operator may add additional video
programming signals or services to the basic
service tier. Any such additional signals or
services provided on the basic service tier
shall be provided to subscribers at rates
determined under the regulations prescribed by
the Commission under this subsection.
(8) Buy-through of other tiers prohibited.--
(A) Prohibition.--A cable operator may not
require the subscription to any tier other than
the basic service tier required by paragraph
(7) as a condition of access to video
programming offered on a per channel or per
program basis. A cable operator may not
discriminate between subscribers to the basic
service tier and other subscribers with regard
to the rates charged for video programming
offered on a per channel or per program basis.
(B) Exception; limitation.--The prohibition
in subparagraph (A) shall not apply to a cable
system that, by reason of the lack of
addressable converter boxes or other
technological limitations, does not permit the
operator to offer programming on a per channel
or per program basis in the same manner
required by subparagraph (A). This subparagraph
shall not be available to any cable operator
after--
(i) the technology utilized by the
cable system is modified or improved in
a way that eliminates such
technological limitation; or
(ii) 10 years after the date of
enactment of the Cable Television
Consumer Protection and Competition Act
of 1992, subject to subparagraph (C).
(C) Waiver.--If, in any proceeding initiated
at the request of any cable operator, the
Commission determines that compliance with the
requirements of subparagraph (A) would require
the cable operator to increase its rates, the
Commission may, to the extent consistent with
the public interest, grant such cable operator
a waiver from such requirements for such
specified period as the Commission determines
reasonable and appropriate.
(c) Regulation of Unreasonable Rates.--
(1) Commission regulations.--Within 180 days after
the date of enactment of the Cable Television Consumer
Protection and Competition Act of 1992, the Commission
shall, by regulation, establish the following:
(A) criteria prescribed in accordance with
paragraph (2) for identifying, in individual
cases, rates for cable programming services
that are unreasonable;
(B) fair and expeditious procedures for the
receipt, consideration, and resolution of
complaints from any franchising authority (in
accordance with paragraph (3)) alleging that a
rate for cable programming services charged by
a cable operator violates the criteria
prescribed under subparagraph (A), which
procedures shall include the minimum showing
that shall be required for a complaint to
obtain Commission consideration and resolution
of whether the rate in question is
unreasonable; and
(C) the procedures to be used to reduce rates
for cable programming services that are
determined by the Commission to be unreasonable
and to refund such portion of the rates or
charges that were paid by subscribers after the
filing of the first complaint filed with the
franchising authority under paragraph (3) and
that are determined to be unreasonable.
(2) Factors to be considered.--In establishing the
criteria for determining in individual cases whether
rates for cable programming services are unreasonable
under paragraph (1)(A), the Commission shall consider,
among other factors--
(A) the rates for similarly situated cable
systems offering comparable cable programming
services, taking into account similarities in
facilities, regulatory and governmental costs,
the number of subscribers, and other relevant
factors;
(B) the rates for cable systems, if any, that
are subject to effective competition;
(C) the history of the rates for cable
programming services of the system, including
the relationship of such rates to changes in
general consumer prices;
(D) the rates, as a whole, for all the cable
programming, cable equipment, and cable
services provided by the system, other than
programming provided on a per channel or per
program basis;
(E) capital and operating costs of the cable
system, including the quality and costs of the
customer service provided by the cable system;
and
(F) the revenues (if any) received by a cable
operator from advertising from programming that
is carried as part of the service for which a
rate is being established, and changes in such
revenues, or from other consideration obtained
in connection with the cable programming
services concerned.
(3) Review of rate changes.--The Commission shall
review any complaint submitted by a franchising
authority after the date of enactment of the
Telecommunications Act of 1996 concerning an increase
in rates for cable programming services and issue a
final order within 90 days after it receives such a
complaint, unless the parties agree to extend the
period for such review. A franchising authority may not
file a complaint under this paragraph unless, within 90
days after such increase becomes effective it receives
subscriber complaints.
(4) Sunset of upper tier rate regulation.--This
subsection shall not apply to cable programming
services provided after March 31, 1999.
(d) Uniform Rate Structure Required.--A cable operator shall
have a rate structure, for the provision of cable service, that
is uniform throughout the geographic area in which cable
service is provided over its cable system. This subsection does
not apply to (1) a cable operator with respect to the provision
of cable service over its cable system in any geographic area
in which the video programming services offered by the operator
in that area are subject to effective competition, or (2) any
video programming offered on a per channel or per program
basis. Bulk discounts to multiple dwelling units shall not be
subject to this subsection, except that a cable operator of a
cable system that is not subject to effective competition may
not charge predatory prices to a multiple dwelling unit. Upon a
prima facie showing by a complainant that there are reasonable
grounds to believe that the discounted price is predatory, the
cable system shall have the burden of showing that its
discounted price is not predatory.
(e) Discrimination; Services for the Hearing Impaired.--
Nothing in this title shall be construed as prohibiting any
Federal agency, State, or a franchising authority from--
(1) prohibiting discrimination among subscribers and
potential subscribers to cable service, except that no
Federal agency, State, or franchising authority may
prohibit a cable operator from offering reasonable
discounts to senior citizens or other economically
disadvantaged group discounts; or
(2) requiring and regulating the installation or
rental of equipment which facilitates the reception of
cable service by hearing impaired individuals.
(f) Negative Option Billing Prohibited.--A cable operator
shall not charge a subscriber for any service or equipment that
the subscriber has not affirmatively requested by name. For
purposes of this subsection, a subscriber's failure to refuse a
cable operator's proposal to provide such service or equipment
shall not be deemed to be an affirmative request for such
service or equipment.
(g) Collection of Information.--The Commission shall, by
regulation, require cable operators to file with the Commission
or a franchising authority, as appropriate, within one year
after the date of enactment of the Cable Television Consumer
Protection and Competition Act of 1992 and annually thereafter,
such financial information as may be needed for purposes of
administering and enforcing this section.
(h) Prevention of Evasions.--Within 180 days after the date
of enactment of the Cable Television Consumer Protection and
Competition Act of 1992, the Commission shall, by regulation,
establish standards, guidelines, and procedures to prevent
evasions, including evasions that result from retiering, of the
requirements of this section and shall, thereafter,
periodically review and revise such standards, guidelines, and
procedures.
(i) Small System Burdens.--In developing and prescribing
regulations pursuant to this section, the Commission shall
design such regulations to reduce the administrative burdens
and cost of compliance for cable systems that have 1,000 or
fewer subscribers.
(j) Rate Regulation Agreements.--During the term of an
agreement made before July 1, 1990, by a franchising authority
and a cable operator providing for the regulation of basic
cable service rates, where there was not effective competition
under Commission rules in effect on that date, nothing in this
section (or the regulations thereunder) shall abridge the
ability of such franchising authority to regulate rates in
accordance with such an agreement.
[(k) Reports on Average Prices.--
[(1) In general.--The Commission shall annually
publish statistical reports on the average rates for
basic cable service and other cable programming, and
for converter boxes, remote control units, and other
equipment of cable systems that the Commission has
found are subject to effective competition under
subsection (a)(2) compared with cable systems that the
Commission has found are not subject to such effective
competition.
[(2) Inclusion in annual report.--
[(A) In general.--The Commission shall
include in its report under paragraph (1) the
aggregate average total amount paid by cable
systems in compensation under section 325.
[(B) Form.--The Commission shall publish
information under this paragraph in a manner
substantially similar to the way other
comparable information is published in such
report.
[(l)] (k) Definitions.--As used in this section--
(1) The term ``effective competition'' means that--
(A) fewer than 30 percent of the households
in the franchise area subscribe to the cable
service of a cable system;
(B) the franchise area is--
(i) served by at least two
unaffiliated multichannel video
programming distributors each of which
offers comparable video programming to
at least 50 percent of the households
in the franchise area; and
(ii) the number of households
subscribing to programming services
offered by multichannel video
programming distributors other than the
largest multichannel video programming
distributor exceeds 15 percent of the
households in the franchise area;
(C) a multichannel video programming
distributor operated by the franchising
authority for that franchise area offers video
programming to at least 50 percent of the
households in that franchise area; or
(D) a local exchange carrier or its affiliate
(or any multichannel video programming
distributor using the facilities of such
carrier or its affiliate) offers video
programming services directly to subscribers by
any means (other than direct-to-home satellite
services) in the franchise area of an
unaffiliated cable operator which is providing
cable service in that franchise area, but only
if the video programming services so offered in
that area are comparable to the video
programming services provided by the
unaffiliated cable operator in that area.
(2) The term ``cable programming service'' means any
video programming provided over a cable system,
regardless of service tier, including installation or
rental of equipment used for the receipt of such video
programming, other than (A) video programming carried
on the basic service tier, and (B) video programming
offered on a per channel or per program basis.
[(m)] (l) Special Rules for Small Companies.--
(1) In general.--Subsections (a), (b), and (c) do not
apply to a small cable operator with respect to--
(A) cable programming services, or
(B) a basic service tier that was the only
service tier subject to regulation as of
December 31, 1994,
in any franchise area in which that operator services
50,000 or fewer subscribers.
(2) Definition of small cable operator.--For purposes
of this subsection, the term ``small cable operator''
means a cable operator that, directly or through an
affiliate, serves in the aggregate fewer than 1 percent
of all subscribers in the United States and is not
affiliated with any entity or entities whose gross
annual revenues in the aggregate exceed $250,000,000.
[(n)] (m) Treatment of Prior Year Losses.--Notwithstanding
any other provision of this section or of section 612, losses
associated with a cable system (including losses associated
with the grant or award of a franchise) that were incurred
prior to September 4, 1992, with respect to a cable system that
is owned and operated by the original franchisee of such system
shall not be disallowed, in whole or in part, in the
determination of whether the rates for any tier of service or
any type of equipment that is subject to regulation under this
section are lawful.
[(o)] (n) Streamlined Petition Process for Small Cable
Operators.--
(1) In general.--Not later than 180 days after the
date of the enactment of this subsection, the
Commission shall complete a rulemaking to establish a
streamlined process for filing of an effective
competition petition pursuant to this section for small
cable operators, particularly those who serve primarily
rural areas.
(2) Construction.--Nothing in this subsection shall
be construed to have any effect on the duty of a small
cable operator to prove the existence of effective
competition under this section.
(3) Definition of small cable operator.--In this
subsection, the term ``small cable operator'' has the
meaning given the term in subsection (m)(2).
* * * * * * *
SEC. 624A. CONSUMER ELECTRONICS EQUIPMENT COMPATIBILITY.
(a) Findings.--The Congress finds that--
(1) new and recent models of television receivers and
video cassette recorders often contain premium features
and functions that are disabled or inhibited because of
cable scrambling, encoding, or encryption technologies
and devices, including converter boxes and remote
control devices required by cable operators to receive
programming;
(2) if these problems are allowed to persist,
consumers will be less likely to purchase, and
electronics equipment manufacturers will be less likely
to develop, manufacture, or offer for sale, television
receivers and video cassette recorders with new and
innovative features and functions;
(3) cable operators should use technologies that will
prevent signal thefts while permitting consumers to
benefit from such features and functions in such
receivers and recorders; and
(4) compatibility among televisions, video cassette
recorders, and cable systems can be assured with narrow
technical standards that mandate a minimum degree of
common design and operation, leaving all features,
functions, protocols, and other product and service
options for selection through open competition in the
market.
(b) Compatible Interfaces.--
(1) [Report; regulations] Regulations.--[Within 1
year after the date of enactment of this section, the
Commission, in consultation with representatives of the
cable industry and the consumer electronics industry,
shall report to Congress on means of assuring] The
Commission shall issue such regulations as are
necessary to assure compatibility between televisions
and video cassette recorders and cable systems,
consistent with the need to prevent theft of cable
service, so that cable subscribers will be able to
enjoy the full benefit of both the programming
available on cable systems and the functions available
on their televisions and video cassette recorders.
[Within 180 days after the date of submission of the
report required by this subsection, the Commission
shall issue such regulations as are necessary to assure
such compatibility.]
(2) Scrambling and encryption.--In issuing the
regulations referred to in paragraph (1), the
Commission shall determine whether and, if so, under
what circumstances to permit cable systems to scramble
or encrypt signals or to restrict cable systems in the
manner in which they encrypt or scramble signals,
except that the Commission shall not limit the use of
scrambling or encryption technology where the use of
such technology does not interfere with the functions
of subscribers' television receivers or video cassette
recorders.
(c) Rulemaking Requirements.--
(1) Factors to be considered.--In prescribing the
regulations required by this section, the Commission
shall consider--
(A) the need to maximize open competition in
the market for all features, functions,
protocols, and other product and service
options of converter boxes and other cable
converters unrelated to the descrambling or
decryption of cable television signals;
(B) the costs and benefits to consumers of
imposing compatibility requirements on cable
operators and television manufacturers in a
manner that, while providing effective
protection against theft or unauthorized
reception of cable service, will minimize
interference with or nullification of the
special functions of subscribers' television
receivers or video cassette recorders,
including functions that permit the
subscriber--
(i) to watch a program on one channel
while simultaneously using a video
cassette recorder to tape a program on
another channel;
(ii) to use a video cassette recorder
to tape two consecutive programs that
appear on different channels; and
(iii) to use advanced television
picture generation and display
features; and
(C) the need for cable operators to protect
the integrity of the signals transmitted by the
cable operator against theft or to protect such
signals against unauthorized reception.
(2) Regulations required.--The regulations prescribed
by the Commission under this section shall include such
regulations as are necessary--
(A) to specify the technical requirements
with which a television receiver or video
cassette recorder must comply in order to be
sold as ``cable compatible'' or ``cable
ready'';
(B) to require cable operators offering
channels whose reception requires a converter
box--
(i) to notify subscribers that they
may be unable to benefit from the
special functions of their television
receivers and video cassette recorders,
including functions that permit
subscribers--
(I) to watch a program on one
channel while simultaneously
using a video cassette recorder
to tape a program on another
channel;
(II) to use a video cassette
recorder to tape two
consecutive programs that
appear on different channels;
and
(III) to use advanced
television picture generation
and display features; and
(ii) to the extent technically and
economically feasible, to offer
subscribers the option of having all
other channels delivered directly to
the subscribers' television receivers
or video cassette recorders without
passing through the converter box;
(C) to promote the commercial availability,
from cable operators and retail vendors that
are not affiliated with cable systems, of
converter boxes and of remote control devices
compatible with converter boxes;
(D) to ensure that any standards or
regulations developed under the authority of
this section to ensure compatibility between
televisions, video cassette recorders, and
cable systems do not affect features,
functions, protocols, and other product and
service options other than those specified in
paragraph (1)(B), including telecommunications
interface equipment, home automation
communications, and computer network services;
(E) to require a cable operator who offers
subscribers the option of renting a remote
control unit--
(i) to notify subscribers that they
may purchase a commercially available
remote control device from any source
that sells such devices rather than
renting it from the cable operator; and
(ii) to specify the types of remote
control units that are compatible with
the converter box supplied by the cable
operator; and
(F) to prohibit a cable operator from taking
any action that prevents or in any way disables
the converter box supplied by the cable
operator from operating compatibly with
commercially available remote control units.
(d) Review of Regulations.--The Commission shall periodically
review and, if necessary, modify the regulations issued
pursuant to this section in light of any actions taken in
response to such regulations and to reflect improvements and
changes in cable systems, television receivers, video cassette
recorders, and similar technology.
* * * * * * *
SEC. 628. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING
DISTRIBUTION.
(a) Purpose.--The purpose of this section is to promote the
public interest, convenience, and necessity by increasing
competition and diversity in the multichannel video programming
market, to increase the availability of satellite cable
programming and satellite broadcast programming to persons in
rural and other areas not currently able to receive such
programming, and to spur the development of communications
technologies.
(b) Prohibition.--It shall be unlawful for a cable operator,
a satellite cable programming vendor in which a cable operator
has an attributable interest, or a satellite broadcast
programming vendor to engage in unfair methods of competition
or unfair or deceptive acts or practices, the purpose or effect
of which is to hinder significantly or to prevent any
multichannel video programming distributor from providing
satellite cable programming or satellite broadcast programming
to subscribers or consumers.
(c) Regulations Required.--
(1) Proceeding required.--Within 180 days after the
date of enactment of this section, the Commission
shall, in order to promote the public interest,
convenience, and necessity by increasing competition
and diversity in the multichannel video programming
market and the continuing development of communications
technologies, prescribe regulations to specify
particular conduct that is prohibited by subsection
(b).
(2) Minimum contents of regulations.--The regulations
to be promulgated under this section shall--
(A) establish effective safeguards to prevent
a cable operator which has an attributable
interest in a satellite cable programming
vendor or a satellite broadcast programming
vendor from unduly or improperly influencing
the decision of such vendor to sell, or the
prices, terms, and conditions of sale of,
satellite cable programming or satellite
broadcast programming to any unaffiliated
multichannel video programming distributor;
(B) prohibit discrimination by a satellite
cable programming vendor in which a cable
operator has an attributable interest or by a
satellite broadcast programming vendor in the
prices, terms, and conditions of sale or
delivery of satellite cable programming or
satellite broadcast programming among or
between cable systems, cable operators, or
other multichannel video programming
distributors, or their agents or buying groups;
except that such a satellite cable programming
vendor in which a cable operator has an
attributable interest or such a satellite
broadcast programming vendor shall not be
prohibited from--
(i) imposing reasonable requirements
for creditworthiness, offering of
service, and financial stability and
standards regarding character and
technical quality;
(ii) establishing different prices,
terms, and conditions to take into
account actual and reasonable
differences in the cost of creation,
sale, delivery, or transmission of
satellite cable programming or
satellite broadcast programming;
(iii) establishing different prices,
terms, and conditions which take into
account economies of scale, cost
savings, or other direct and legitimate
economic benefits reasonably
attributable to the number of
subscribers served by the distributor;
or
(iv) entering into an exclusive
contract that is permitted under
subparagraph (D);
(C) prohibit practices, understandings,
arrangements, and activities, including
exclusive contracts for satellite cable
programming or satellite broadcast programming
between a cable operator and a satellite cable
programming vendor or satellite broadcast
programming vendor, that prevent a multichannel
video programming distributor from obtaining
such programming from any satellite cable
programming vendor in which a cable operator
has an attributable interest or any satellite
broadcast programming vendor in which a cable
operator has an attributable interest for
distribution to persons in areas not served by
a cable operator as of the date of enactment of
this section; and
(D) with respect to distribution to persons
in areas served by a cable operator, prohibit
exclusive contracts for satellite cable
programming or satellite broadcast programming
between a cable operator and a satellite cable
programming vendor in which a cable operator
has an attributable interest or a satellite
broadcast programming vendor in which a cable
operator has an attributable interest, unless
the Commission determines (in accordance with
paragraph (4)) that such contract is in the
public interest.
(3) Limitations.--
(A) Geographic limitations.--Nothing in this
section shall require any person who is engaged
in the national or regional distribution of
video programming to make such programming
available in any geographic area beyond which
such programming has been authorized or
licensed for distribution.
(B) Applicability to satellite
retransmissions.--Nothing in this section shall
apply (i) to the signal of any broadcast
affiliate of a national television network or
other television signal that is retransmitted
by satellite but that is not satellite
broadcast programming, or (ii) to any internal
satellite communication of any broadcast
network or cable network that is not satellite
broadcast programming.
(4) Public interest determinations on exclusive
contracts.--In determining whether an exclusive
contract is in the public interest for purposes of
paragraph (2)(D), the Commission shall consider each of
the following factors with respect to the effect of
such contract on the distribution of video programming
in areas that are served by a cable operator:
(A) the effect of such exclusive contract on
the development of competition in local and
national multichannel video programming
distribution markets;
(B) the effect of such exclusive contract on
competition from multichannel video programming
distribution technologies other than cable;
(C) the effect of such exclusive contract on
the attraction of capital investment in the
production and distribution of new satellite
cable programming;
(D) the effect of such exclusive contract on
diversity of programming in the multichannel
video programming distribution market; and
(E) the duration of the exclusive contract.
(5) Sunset provision.--The prohibition required by
paragraph (2)(D) shall cease to be effective 10 years
after the date of enactment of this section, unless the
Commission finds, in a proceeding conducted during the
last year of such 10-year period, that such prohibition
continues to be necessary to preserve and protect
competition and diversity in the distribution of video
programming.
(d) Adjudicatory Proceeding.--Any multichannel video
programming distributor aggrieved by conduct that it alleges
constitutes a violation of subsection (b), or the regulations
of the Commission under subsection (c), may commence an
adjudicatory proceeding at the Commission.
(e) Remedies for Violations.--
(1) Remedies authorized.--Upon completion of such
adjudicatory proceeding, the Commission shall have the
power to order appropriate remedies, including, if
necessary, the power to establish prices, terms, and
conditions of sale of programming to the aggrieved
multichannel video programming distributor.
(2) Additional remedies.--The remedies provided in
paragraph (1) are in addition to and not in lieu of the
remedies available under title V or any other provision
of this Act.
(f) Procedures.--The Commission shall prescribe regulations
to implement this section. The Commission's regulations shall--
(1) provide for an expedited review of any complaints
made pursuant to this section;
(2) establish procedures for the Commission to
collect such data, including the right to obtain copies
of all contracts and documents reflecting arrangements
and understandings alleged to violate this section, as
the Commission requires to carry out this section; and
(3) provide for penalties to be assessed against any
person filing a frivolous complaint pursuant to this
section.
[(j)] (g) Common Carriers.--Any provision that applies to a
cable operator under this section shall apply to a common
carrier or its affiliate that provides video programming by any
means directly to subscribers. Any such provision that applies
to a satellite cable programming vendor in which a cable
operator has an attributable interest shall apply to any
satellite cable programming vendor in which such common carrier
has an attributable interest. For the purposes of this
subsection, two or fewer common officers or directors shall not
by itself establish an attributable interest by a common
carrier in a satellite cable programming vendor (or its parent
company).
[(g) Reports.--The Commission shall, beginning not later than
18 months after promulgation of the regulations required by
subsection (c), annually report to Congress on the status of
competition in the market for the delivery of video
programming.]
(h) Exemptions for Prior Contracts.--
(1) In general.--Nothing in this section shall affect
any contract that grants exclusive distribution rights
to any person with respect to satellite cable
programming and that was entered into on or before June
1, 1990, except that the provisions of subsection
(c)(2)(C) shall apply for distribution to persons in
areas not served by a cable operator.
(2) Limitation on renewals.--A contract that was
entered into on or before June 1, 1990, but that is
renewed or extended after the date of enactment of this
section shall not be exempt under paragraph (1).
(i) Definitions.--As used in this section:
(1) The term ``satellite cable programming'' has the
meaning provided under section 705 of this Act, except
that such term does not include satellite broadcast
programming.
(2) The term ``satellite cable programming vendor''
means a person engaged in the production, creation, or
wholesale distribution for sale of satellite cable
programming, but does not include a satellite broadcast
programming vendor.
(3) The term ``satellite broadcast programming''
means broadcast video programming when such programming
is retransmitted by satellite and the entity
retransmitting such programming is not the broadcaster
or an entity performing such retransmission on behalf
of and with the specific consent of the broadcaster.
(4) The term ``satellite broadcast programming
vendor'' means a fixed service satellite carrier that
provides service pursuant to section 119 of title 17,
United States Code, with respect to satellite broadcast
programming.
* * * * * * *
TITLE VII--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 713. VIDEO PROGRAMMING ACCESSIBILITY.
[(a) Commission Inquiry.--Within 180 days after the date of
enactment of the Telecommunications Act of 1996, the Federal
Communications Commission shall complete an inquiry to
ascertain the level at which video programming is closed
captioned. Such inquiry shall examine the extent to which
existing or previously published programming is closed
captioned, the size of the video programming provider or
programming owner providing closed captioning, the size of the
market served, the relative audience shares achieved, or any
other related factors. The Commission shall submit to the
Congress a report on the results of such inquiry.]
(b) Accountability Criteria.--Within 18 months after such
date of enactment, the Commission shall prescribe such
regulations as are necessary to implement this section. Such
regulations shall ensure that--
(1) video programming first published or exhibited
after the effective date of such regulations is fully
accessible through the provision of closed captions,
except as provided in subsection (d); and
(2) video programming providers or owners maximize
the accessibility of video programming first published
or exhibited prior to the effective date of such
regulations through the provision of closed captions,
except as provided in subsection (d).
(c) Deadlines for Captioning.--
(1) In general.--The regulations prescribed pursuant
to subsection (b) shall include an appropriate schedule
of deadlines for the provision of closed captioning of
video programming once published or exhibited on
television.
(2) Deadlines for programming delivered using
internet protocol.--
(A) Regulations on closed captioning on video
programming delivered using internet
protocol.--Not later than 6 months after the
submission of the report to the Commission
required by subsection (e)(1) of the Twenty-
First Century Communications and Video
Accessibility Act of 2010, the Commission shall
revise its regulations to require the provision
of closed captioning on video programming
delivered using Internet protocol that was
published or exhibited on television with
captions after the effective date of such
regulations.
(B) Schedule.--The regulations prescribed
under this paragraph shall include an
appropriate schedule of deadlines for the
provision of closed captioning, taking into
account whether such programming is prerecorded
and edited for Internet distribution, or
whether such programming is live or near-live
and not edited for Internet distribution.
(C) Cost.--The Commission may delay or waive
the regulation promulgated under subparagraph
(A) to the extent the Commission finds that the
application of the regulation to live video
programming delivered using Internet protocol
with captions after the effective date of such
regulations would be economically burdensome to
providers of video programming or program
owners.
(D) Requirements for regulations.--The
regulations prescribed under this paragraph--
(i) shall contain a definition of
``near-live programming'' and ``edited
for Internet distribution'';
(ii) may exempt any service, class of
service, program, class of program,
equipment, or class of equipment for
which the Commission has determined
that the application of such
regulations would be economically
burdensome for the provider of such
service, program, or equipment;
(iii) shall clarify that, for the
purposes of implementation, of this
subsection, the terms ``video
programming distributors'' and ``video
programming providers'' include an
entity that makes available directly to
the end user video programming through
a distribution method that uses
Internet protocol;
(iv) and describe the
responsibilities of video programming
providers or distributors and video
programming owners;
(v) shall establish a mechanism to
make available to video programming
providers and distributors information
on video programming subject to the Act
on an ongoing basis;
(vi) shall consider that the video
programming provider or distributor
shall be deemed in compliance if such
entity enables the rendering or pass
through of closed captions and makes a
good faith effort to identify video
programming subject to the Act using
the mechanism created in (v); and
(vii) shall provide that de minimis
failure to comply with such regulations
by a video programming provider or
owner shall not be treated as a
violation of the regulations.
(3) Alternate means of compliance.--An entity may
meet the requirements of this section through alternate
means than those prescribed by regulations pursuant to
subsection (b), as revised pursuant to paragraph (2)(A)
of this subsection, if the requirements of this section
are met, as determined by the Commission.
(d) Exemptions.--Notwithstanding subsection (b)--
(1) the Commission may exempt by regulation programs,
classes of programs, or services for which the
Commission has determined that the provision of closed
captioning would be economically burdensome to the
provider or owner of such programming;
(2) a provider of video programming or the owner of
any program carried by the provider shall not be
obligated to supply closed captions if such action
would be inconsistent with contracts in effect on the
date of enactment of the Telecommunications Act of
1996, except that nothing in this section shall be
construed to relieve a video programming provider of
its obligations to provide services required by Federal
law; and
(3) a provider of video programming or program owner
may petition the Commission for an exemption from the
requirements of this section, and the Commission may
grant such petition upon a showing that the
requirements contained in this section would be
economically burdensome. During the pendency of such a
petition, such provider or owner shall be exempt from
the requirements of this section. The Commission shall
act to grant or deny any such petition, in whole or in
part, within 6 months after the Commission receives
such petition, unless the Commission finds that an
extension of the 6-month period is necessary to
determine whether such requirements are economically
burdensome.
(e) Undue Burden.--The term ``undue burden'' means
significant difficulty or expense. In determining whether the
closed captions necessary to comply with the requirements of
this paragraph would result in an undue economic burden, the
factors to be considered include--
(1) the nature and cost of the closed captions for
the programming;
(2) the impact on the operation of the provider or
program owner;
(3) the financial resources of the provider or
program owner; and
(4) the type of operations of the provider or program
owner.
(f) Video Description.--
(1) Reinstatement of regulations.--On the day that is
1 year after the date of enactment of the Twenty-First
Century Communications and Video Accessibility Act of
2010, the Commission shall, after a rulemaking,
reinstate its video description regulations contained
in the Implementation of Video Description of Video
Programming Report and Order (15 F.C.C.R. 15,230
(2000)), recon. granted in part and denied in part, (16
F.C.C.R. 1251 (2001)), modified as provided in
paragraph (2).
(2) Modifications to reinstated regulations.--Such
regulations shall be modified only as follows:
(A) The regulations shall apply to video
programming, as defined in subsection (h),
insofar as such programming is transmitted for
display on television in digital format.
(B) The Commission shall update the list of
the top 25 designated market areas, the list of
the top 5 national nonbroadcast networks that
have at least 50 hours per quarter of prime
time programming that is not exempt under this
paragraph, and the beginning calendar quarter
for which compliance shall be calculated.
(C) The regulations may permit a provider of
video programming or a program owner to
petition the Commission for an exemption from
the requirements of this section upon a showing
that the requirements contained in this section
be economically burdensome.
(D) The Commission may exempt from the
regulations established pursuant to paragraph
(1) a service, class of services, program,
class of programs, equipment, or class of
equipment for which the Commission has
determined that the application of such
regulations would be economically burdensome
for the provider of such service, program, or
equipment.
(E) The regulations shall not apply to live
or near-live programming.
(F) The regulations shall provide for an
appropriate phased schedule of deadlines for
compliance.
(G) The Commission shall consider extending
the exemptions and limitations in the
reinstated regulations for technical capability
reasons to all providers and owners of video
programming.
(3) Inquiries on further video description
requirements.--The Commission shall commence the
following inquiries not later than 1 year after the
completion of the phase-in of the reinstated
regulations and shall report to Congress 1 year
thereafter on the findings for each of the following:
(A) Video description in television
programming.--The availability, use, and
benefits of video description on video
programming distributed on television, the
technical and creative issues associated with
providing such video description, and the
financial costs of providing such video
description for providers of video programming
and program owners.
(B) Video description in video programming
distributed on the internet.--The technical and
operational issues, costs, and benefits of
providing video descriptions for video
programming that is delivered using Internet
protocol.
(4) Continuing commission authority.--
(A) In general.--The Commission may not issue
additional regulations unless the Commission
determines, at least 2 years after completing
the reports required in paragraph (3), that the
need for and benefits of providing video
description for video programming, insofar as
such programming is transmitted for display on
television, are greater than the technical and
economic costs of providing such additional
programming.
(B) Limitation.--If the Commission makes the
determination under subparagraph (A) and issues
additional regulations, the Commission may not
increase, in total, the hour requirement for
additional described programming by more than
75 percent of the requirement in the
regulations reinstated under paragraph (1).
(C) Application to designated market areas.--
(i) In general.--After the Commission
completes the reports on video
description required in paragraph (3),
the Commission shall phase in the video
description regulations for the top 60
designated market areas, except that
the Commission may grant waivers to
entities in specific designated market
areas where it deems appropriate.
(ii) Phase-in deadline.--The phase-in
described in clause (i) shall be
completed not later than 6 years after
the date of enactment of the Twenty-
First Century Communications and Video
Accessibility Act of 2010.
(iii) Report.--Nine years after the
date of enactment of the Twenty-First
Century Communications and Video
Accessibility Act of 2010, the
Commission shall submit to the
Committee on Energy and Commerce of the
House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate a report
assessing--
(I) the types of described
video programming that is
available to consumers;
(II) consumer use of such
programming;
(III) the costs to program
owners, providers, and
distributors of creating such
programming;
(IV) the potential costs to
program owners, providers, and
distributors in designated
market areas outside of the top
60 of creating such
programming;
(V) the benefits to consumers
of such programming;
(VI) the amount of such
programming currently
available; and
(VII) the need for additional
described programming in
designated market areas outside
the top 60.
(iv) Additional market areas.--Ten
years after the date of enactment of
the Twenty-First Century Communications
and Video Accessibility Act of 2010,
the Commission shall have the
authority, based upon the findings,
conclusions, and recommendations
contained in the report under clause
(iii), to phase in the video
description regulations for up to an
additional 10 designated market areas
each year--
(I) if the costs of
implementing the video
description regulations to
program owners, providers, and
distributors in those
additional markets are
reasonable, as determined by
the Commission; and
(II) except that the
Commission may grant waivers to
entities in specific designated
market areas where it deems
appropriate.
(g) Emergency Information.--Not later than 1 year after the
Advisory Committee report under subsection (e)(2) is submitted
to the Commission, the Commission shall complete a proceeding
to--
(1) identify methods to convey emergency information
(as that term is defined in section 79.2 of title 47,
Code of Federal Regulations) in a manner accessible to
individuals who are blind or visually impaired; and
(2) promulgate regulations that require video
programming providers and video programming
distributors (as those terms are defined in section
79.1 of title 47, Code of Federal Regulations) and
program owners to convey such emergency information in
a manner accessible to individuals who are blind or
visually impaired.
(h) Definitions.--For purposes of this section, section 303,
and section 330:
(1) Video description.--The term ``video
description'' means the insertion of audio narrated
descriptions of a television program's key visual
elements into natural pauses between the program's
dialogue.
(2) Video programming.--The term ``video
programming'' means programming by, or generally
considered comparable to programming provided by a
television broadcast station, but not including
consumer-generated media (as defined in section 3).
(j) Private Rights of Actions Prohibited.--Nothing in this
section shall be construed to authorize any private right of
action to enforce any requirement of this section or any
regulation thereunder. The Commission shall have exclusive
jurisdiction with respect to any complaint under this section.
* * * * * * *
----------
TELECOMMUNICATIONS ACT OF 1996
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
* * * * * * *
TITLE VII--MISCELLANEOUS PROVISIONS
* * * * * * *
[710. Authorization of appropriations.]
* * * * * * *
TITLE VII--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 706. ADVANCED TELECOMMUNICATIONS INCENTIVES.
(a) In General.--The Commission and each State commission
with regulatory jurisdiction over telecommunications services
shall encourage the deployment on a reasonable and timely basis
of advanced telecommunications capability to all Americans
(including, in particular, elementary and secondary schools and
classrooms) by utilizing, in a manner consistent with the
public interest, convenience, and necessity, price cap
regulation, regulatory forbearance, measures that promote
competition in the local telecommunications market, or other
regulating methods that remove barriers to infrastructure
investment.
[(b) Inquiry.--The Commission shall, within 30 months after
the date of enactment of this Act, and annually thereafter,
initiate a notice of inquiry concerning the availability of
advanced telecommunications capability to all Americans
(including, in particular, elementary and secondary schools and
classrooms) and shall complete the inquiry within 180 days
after its initiation. In the inquiry, the Commission shall
determine whether advanced telecommunications capability is
being deployed to all Americans in a reasonable and timely
fashion. If the Commission's determination is negative, it
shall take immediate action to accelerate deployment of such
capability by removing barriers to infrastructure investment
and by promoting competition in the telecommunications market.
[(c) Demographic Information for Unserved Areas.--As part of
the inquiry required by subsection (b), the Commission shall
compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability (as defined
by section 706(c)(1) of the Telecommunications Act of 1996 (47
U.S.C. 157 note)) and to the extent that data from the Census
Bureau is available, determine, for each such unserved area--
[(1) the population;
[(2) the population density; and
[(3) the average per capita income.]
(b) Determination.--If the Commission determines in its
report under section 14 of the Communications Act of 1934,
after considering the availability of advanced
telecommunications capability to all Americans (including, in
particular, elementary and secondary schools and classrooms),
that advanced telecommunications capability is not being
deployed to all Americans in a reasonable and timely fashion,
the Commission shall take immediate action to accelerate
deployment of such capability by removing barriers to
infrastructure investment and by promoting competition in the
telecommunications market.
[(d)] (c) Definitions.--For purposes of [this subsection]
this section:
(1) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' is defined,
without regard to any transmission media or technology,
as high-speed, switched, broadband telecommunications
capability that enables users to originate and receive
high-quality voice, data, graphics, and video
telecommunications using any technology.
(2) Elementary and secondary schools.--The term
``elementary and secondary schools'' means elementary
and secondary schools, as defined in section 8101 of
the Elementary and Secondary Education Act of 1965.
* * * * * * *
[SEC. 710. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--In addition to any other sums authorized by
law, there are authorized to be appropriated to the Federal
Communications Commission such sums as may be necessary to
carry out this Act and the amendments made by this Act.
[(b) Effect on Fees.--For the purposes of section 9(b)(2) (47
U.S.C. 159(b)(2)), additional amounts appropriated pursuant to
subsection (a) shall be construed to be changes in the amounts
appropriated for the performance of activities described in
section 9(a) of the Communications Act of 1934.
[(c) Funding Availability.--Section 309(j)(8)(B) (47 U.S.C.
309(j)(8)(B)) is amended by adding at the end the following new
sentence: ``Such offsetting collections are authorized to
remain available until expended.''.]
----------
PUBLIC LAW 108-494
* * * * * * *
TITLE III--UNIVERSAL SERVICE
* * * * * * *
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL
SERVICE FUND.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on [December 31, 2018]
December 31, 2021, section 1341 and subchapter II of chapter 15
of title 31, United States Code, do not apply--
(1) to any amount collected or received as Federal
universal service contributions required by section 254
of the Communications Act of 1934 (47 U.S.C. 254),
including any interest earned on such contributions;
nor
(2) to the expenditure or obligation of amounts
attributable to such contributions for universal
service support programs established pursuant to that
section.
(b) Post-2005 Fulfillment of Protected Obligations.--Section
1341 and subchapter II of chapter 15 of title 31, United States
Code, do not apply after [December 31, 2018] December 31, 2021,
to an expenditure or obligation described in subsection (a)(2)
made or authorized during the period described in subsection
(a).
----------
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 427. ESSENTIAL SERVICE PROVIDERS.
(a) Definition.--In this section, the term ``essential
service provider'' means an entity that--
[(1) provides] (1) (A) provides --
[(A) telecommunications service] (i) wireline
or mobile telephone service, Internet access
service, radio or television broadcasting,
cable service, or direct broadcast satellite
service;
[(B)] (ii) electrical power;
[(C)] (iii) natural gas;
[(D)] (iv) water and sewer services; or
[(E)] (v) any other essential service, as
determined by the President[;]; or
(B) is a tower owner or operator;
(2) is--
(A) a municipal entity;
(B) a nonprofit entity; or
(C) a private, for profit entity; and
(3) is contributing to efforts to respond to an
emergency or major disaster.
(b) Authorization for Accessibility.--Unless exceptional
circumstances apply, in an emergency or major disaster, the
head of a Federal agency, to the greatest extent practicable,
shall not--
(1) deny or impede access to the disaster site to an
essential service provider whose access is necessary to
restore and repair an essential service; or
(2) impede the restoration or repair of the services
described in subsection (a)(1).
(c) Implementation.--In implementing this section, the head
of a Federal agency shall follow all applicable Federal laws,
regulations, and policies.
* * * * * * *
----------
COMMUNICATIONS SATELLITE ACT OF 1962
* * * * * * *
TITLE VI--COMMUNICATIONS COMPETITION AND PRIVATIZATION
* * * * * * *
Subtitle C--Deregulation and Other Statutory Changes
* * * * * * *
[SEC. 646. REPORTS TO CONGRESS.
[(a) Annual Reports.--The President and the Commission shall
report to the Committees on Commerce and International
Relations of the House of Representatives and the Committees on
Commerce, Science, and Transportation and Foreign Relations of
the Senate within 90 calendar days of the enactment of this
title, and not less than annually thereafter, on the progress
made to achieve the objectives and carry out the purposes and
provisions of this title. Such reports shall be made available
immediately to the public.
[(b) Contents of Reports.--The reports submitted pursuant to
subsection (a) shall include the following:
[(1) Progress with respect to each objective since
the most recent preceding report.
[(2) Views of the Parties with respect to
privatization.
[(3) Views of industry and consumers on
privatization.
[(4) Impact privatization has had on United States
industry, United States jobs, and United States
industry's access to the global marketplace.]
* * * * * * *
----------
PUBLIC LAW 109-34
* * * * * * *
[SEC. 4. SATELLITE SERVICE REPORT.
[(a) Annual Report.--The Federal Communications Commission
shall review competitive market conditions with respect to
domestic and international satellite communications services
and shall include in an annual report an analysis of those
conditions. The Commission shall transmit a copy of the report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce.
[(b) Content.--The Commission shall include in the report--
[(1) an identification of the number and market share
of competitors in domestic and international satellite
markets;
[(2) an analysis of whether there is effective
competition in the market for domestic and
international satellite services; and
[(3) a list of any foreign nations in which legal or
regulatory practices restrict access to the market for
satellite services in such nation in a manner that
undermines competition or favors a particular
competitor or set of competitors.]
----------
BROADBAND DATA IMPROVEMENT ACT
TITLE I--BROADBAND DATA IMPROVEMENT
* * * * * * *
SEC. 103 IMPROVING FEDERAL DATA ON BROADBAND.
(a) Improving Section 706 Inquiry.--Section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 157 note) is
amended--
(1) by striking ``regularly'' in subsection (b) and
inserting ``annually'';
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the following:
``(c) Demographic Information for Unserved Areas.--As part of
the inquiry required by subsection (b), the Commission shall
compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability (as defined
by section 706(c)(1) of the Telecommunications Act of 1996 (47
U.S.C. 157 note)) and to the extent that data from the Census
Bureau is available, determine, for each such unserved area--
``(1) the population;
``(2) the population density; and
``(3) the average per capita income.''.
[(b) International Comparison.--
[(1) In general.--As part of the assessment and
report required by section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 157 note),
the Federal Communications Commission shall include
information comparing the extent of broadband service
capability (including data transmission speeds and
price for broadband service capability) in a total of
75 communities in at least 25 countries abroad for each
of the data rate benchmarks for broadband service
utilized by the Commission to reflect different speed
tiers.
[(2) Contents.--The Commission shall choose
communities for the comparison under this subsection in
a manner that will offer, to the extent possible,
communities of a population size, population density,
topography, and demographic profile that are comparable
to the population size, population density, topography,
and demographic profile of various communities within
the United States. The Commission shall include in the
comparison under this subsection--
[(A) a geographically diverse selection of
countries; and
[(B) communities including the capital cities
of such countries.
[(3) Similarities and differences.--The Commission
shall identify relevant similarities and differences in
each community, including their market structures, the
number of competitors, the number of facilities-based
providers, the types of technologies deployed by such
providers, the applications and services those
technologies enable, the regulatory model under which
broadband service capability is provided, the types of
applications and services used, business and
residential use of such services, and other media
available to consumers.
[(c)] (b) Consumer Survey of Broadband Service Capability.--
(1) In general.--For the purpose of evaluating, on a
statistically significant basis, the national
characteristics of the use of broadband service
capability, the Commission shall conduct and make
public periodic surveys of consumers in urban,
suburban, and rural areas in the large business, small
business, and residential consumer markets to
determine--
(A) the types of technology used to provide
the broadband service capability to which
consumers subscribe;
(B) the amounts consumers pay per month for
such capability;
(C) the actual data transmission speeds of
such capability;
(D) the types of applications and services
consumers most frequently use in conjunction
with such capability;
(E) for consumers who have declined to
subscribe to broadband service capability, the
reasons given by such consumers for declining
such capability;
(F) other sources of broadband service
capability which consumers regularly use or on
which they rely; and
(G) any other information the Commission
deems appropriate for such purpose.
(2) Public availability.--The Commission shall make
publicly available the results of surveys conducted
under this subsection at least once per year.
[(d)] (c) Improving Census Data on Broadband.--The Secretary
of Commerce, in consultation with the Federal Communications
Commission, shall expand the American Community Survey
conducted by the Bureau of the Census to elicit information for
residential households, including those located on native
lands, to determine whether persons at such households own or
use a computer at that address, whether persons at that address
subscribe to Internet service and, if so, whether such persons
subscribe to dial-up or broadband Internet service at that
address.
[(e)] (d) Proprietary Information.--Nothing in this title
shall reduce or remove any obligation the Commission has to
protect proprietary information, nor shall this title be
construed to compel the Commission to make publicly available
any proprietary information.
* * * * * * *
----------
INSPECTOR GENERAL ACT OF 1978
* * * * * * *
requirements for federal entities and designated federal entities
Sec. 8G. (a) Notwithstanding section 12 of this Act, as used
in this section--
(1) the term ``Federal entity'' means any Government
corporation (within the meaning of section 103(1) of
title 5, United States Code), any Government controlled
corporation (within the meaning of section 103(2) of
such title), or any other entity in the Executive
branch of the Government, or any independent regulatory
agency, but does not include--
(A) an establishment (as defined under
section 12(2) of this Act) or part of an
establishment;
(B) a designated Federal entity (as defined
under paragraph (2) of this subsection) or part
of a designated Federal entity;
(C) the Executive Office of the President;
(D) the Central Intelligence Agency;
(E) the General Accounting Office; or
(F) any entity in the judicial or legislative
branches of the Government, including the
Administrative Office of the United States
Courts and the Architect of the Capitol and any
activities under the direction of the Architect
of the Capitol;
(2) the term ``designated Federal entity'' means
Amtrak, the Appalachian Regional Commission, the Board
of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection, the Board for
International Broadcasting, the Committee for Purchase
From People Who Are Blind or Severely Disabled, the
Commodity Futures Trading Commission, the Consumer
Product Safety Commission, the Corporation for Public
Broadcasting, the Defense Intelligence Agency, the
Equal Employment Opportunity Commission, the Farm
Credit Administration, [the Federal Communications
Commission,] the Federal Deposit Insurance Corporation,
the Federal Election Commission, the Election
Assistance Commission, the Federal Housing Finance
Board, the Federal Labor Relations Authority, the
Federal Maritime Commission, the Federal Trade
Commission, the Legal Services Corporation, the
National Archives and Records Administration, the
National Credit Union Administration, the National
Endowment for the Arts, the National Endowment for the
Humanities, the National Geospatial-Intelligence
Agency, the National Labor Relations Board, the
National Science Foundation, the Panama Canal
Commission, the Peace Corps, the Pension Benefit
Guaranty Corporation, the Securities and Exchange
Commission, the Smithsonian Institution, the United
States International Trade Commission, the Postal
Regulatory Commission, and the United States Postal
Service;
(3) the term ``head of the Federal entity'' means any
person or persons designated by statute as the head of
a Federal entity, and if no such designation exists,
the chief policymaking officer or board of a Federal
entity as identified in the list published pursuant to
subsection (h)(1) of this section;
(4) the term ``head of the designated Federal
entity'' means the board or commission of the
designated Federal entity, or in the event the
designated Federal entity does not have a board or
commission, any person or persons designated by statute
as the head of a designated Federal entity and if no
such designation exists, the chief policymaking officer
or board of a designated Federal entity as identified
in the list published pursuant to subsection (h)(1) of
this section, except that--
(A) with respect to the National Science
Foundation, such term means the National
Science Board;
(B) with respect to the United States Postal
Service, such term means the Governors (within
the meaning of section 102(3) of title 39,
United States Code);
(C) with respect to the Federal Labor
Relations Authority, such term means the
members of the Authority (described under
section 7104 of title 5, United States Code);
(D) with respect to the Committee for
Purchase From People Who Are Blind or Severely
Disabled, such term means the Chairman of the
Committee for Purchase From People Who Are
Blind or Severely Disabled;
(E) with respect to the National Archives and
Records Administration, such term means the
Archivist of the United States;
(F) with respect to the National Credit Union
Administration, such term means the National
Credit Union Administration Board (described
under section 102 of the Federal Credit Union
Act (12 U.S.C. 1752a);
(G) with respect to the National Endowment of
the Arts, such term means the National Council
on the Arts;
(H) with respect to the National Endowment
for the Humanities, such term means the
National Council on the Humanities; and
(I) with respect to the Peace Corps, such
term means the Director of the Peace Corps;
(5) the term ``Office of Inspector General'' means an
Office of Inspector General of a designated Federal
entity; and
(6) the term ``Inspector General'' means an Inspector
General of a designated Federal entity.
(b) No later than 180 days after the date of the enactment of
this section, there shall be established and maintained in each
designated Federal entity an Office of Inspector General. The
head of the designated Federal entity shall transfer to such
office the offices, units, or other components, and the
functions, powers, or duties thereof, that such head determines
are properly related to the functions of the Office of
Inspector General and would, if so transferred, further the
purposes of this section. There shall not be transferred to
such office any program operating responsibilities.
(c) Except as provided under subsection (f) of this section,
the Inspector General shall be appointed by the head of the
designated Federal entity in accordance with the applicable
laws and regulations governing appointments within the
designated Federal entity. Each Inspector General shall be
appointed without regard to political affiliation and solely on
the basis of integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis, public
administration, or investigations. For purposes of implementing
this section, the Chairman of the Board of Governors of the
Federal Reserve System shall appoint the Inspector General of
the Board of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection. The Inspector General
of the Board of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection shall have all of the
authorities and responsibilities provided by this Act with
respect to the Bureau of Consumer Financial Protection, as if
the Bureau were part of the Board of Governors of the Federal
Reserve System.
(d)(1) Each Inspector General shall report to and be under
the general supervision of the head of the designated Federal
entity, but shall not report to, or be subject to supervision
by, any other officer or employee of such designated Federal
entity. Except as provided in paragraph (2), the head of the
designated Federal entity shall not prevent or prohibit the
Inspector General from initiating, carrying out, or completing
any audit or investigation, or from issuing any subpoena during
the course of any audit or investigation.
(2)(A) The Secretary of Defense, in consultation with the
Director of National Intelligence, may prohibit the inspector
general of an element of the intelligence community specified
in subparagraph (D) from initiating, carrying out, or
completing any audit or investigation, or from accessing
information available to an element of the intelligence
community specified in subparagraph (D),, or from accessing
information available to an element of the intelligence
community specified in subparagraph (D), if the Secretary
determines that the prohibition is necessary to protect vital
national security interests of the United States.
(B) If the Secretary exercises the authority under
subparagraph (A), the Secretary shall submit to the committees
of Congress specified in subparagraph (E) an appropriately
classified statement of the reasons for the exercise of such
authority not later than 7 days after the exercise of such
authority.
(C) At the same time the Secretary submits under subparagraph
(B) a statement on the exercise of the authority in
subparagraph (A) to the committees of Congress specified in
subparagraph (E), the Secretary shall notify the inspector
general of such element of the submittal of such statement and,
to the extent consistent with the protection of intelligence
sources and methods, provide such inspector general with a copy
of such statement. Such inspector general may submit to such
committees of Congress any comments on a notice or statement
received by the inspector general under this subparagraph that
the inspector general considers appropriate.
(D) The elements of the intelligence community specified in
this subparagraph are as follows:
(i) The Defense Intelligence Agency.
(ii) The National Geospatial-Intelligence Agency.
(iii) The National Reconnaissance Office.
(iv) The National Security Agency.
(E) The committees of Congress specified in this subparagraph
are--
(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(ii) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(e)(1) In the case of a designated Federal entity for which a
board, chairman of a committee, or commission is the head of
the designated Federal entity, a removal under this subsection
may only be made upon the written concurrence of a \2/3\
majority of the board, committee, or commission.''.
(2) If an Inspector General is removed from office or is
transferred to another position or location within a designated
Federal entity, the head of the designated Federal entity shall
communicate in writing the reasons for any such removal or
transfer to both Houses of Congress, not later than 30 days
before the removal or transfer. Nothing in this subsection
shall prohibit a personnel action otherwise authorized by law,
other than transfer or removal.
(f)(1) For purposes of carrying out subsection (c) with
respect to the United States Postal Service, the appointment
provisions of section 202(e) of title 39, United States Code,
shall be applied.
(2) In carrying out the duties and responsibilities specified
in this Act, the Inspector General of the United States Postal
Service (hereinafter in this subsection referred to as the
``Inspector General'') shall have oversight responsibility for
all activities of the Postal Inspection Service, including any
internal investigation performed by the Postal Inspection
Service. The Chief Postal Inspector shall promptly report the
significant activities being carried out by the Postal
Inspection Service to such Inspector General.
(3)(A)(i) Notwithstanding subsection (d), the Inspector
General shall be under the authority, direction, and control of
the Governors with respect to audits or investigations, or the
issuance of subpoenas, which require access to sensitive
information concerning--
(I) ongoing civil or criminal investigations or
proceedings;
(II) undercover operations;
(III) the identity of confidential sources, including
protected witnesses;
(IV) intelligence or counterintelligence matters; or
(V) other matters the disclosure of which would
constitute a serious threat to national security.
(ii) With respect to the information described under clause
(i), the Governors may prohibit the Inspector General from
carrying out or completing any audit or investigation, or from
issuing any subpoena, after such Inspector General has decided
to initiate, carry out, or complete such audit or investigation
or to issue such subpoena, if the Governors determine that such
prohibition is necessary to prevent the disclosure of any
information described under clause (i) or to prevent the
significant impairment to the national interests of the United
States.
(iii) If the Governors exercise any power under clause (i) or
(ii), the Governors shall notify the Inspector General in
writing stating the reasons for such exercise. Within 30 days
after receipt of any such notice, the Inspector General shall
transmit a copy of such notice to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform
and Oversight of the House of Representatives, and to other
appropriate committees or subcommittees of the Congress.
(B) In carrying out the duties and responsibilities specified
in this Act, the Inspector General--
(i) may initiate, conduct and supervise such audits
and investigations in the United States Postal Service
as the Inspector General considers appropriate; and
(ii) shall give particular regard to the activities
of the Postal Inspection Service with a view toward
avoiding duplication and insuring effective
coordination and cooperation.
(C) Any report required to be transmitted by the Governors to
the appropriate committees or subcommittees of the Congress
under section 5(d) shall also be transmitted, within the seven-
day period specified under such section, to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives.
(4) Nothing in this Act shall restrict, eliminate, or
otherwise adversely affect any of the rights, privileges, or
benefits of either employees of the United States Postal
Service, or labor organizations representing employees of the
United States Postal Service, under chapter 12 of title 39,
United States Code, the National Labor Relations Act, any
handbook or manual affecting employee labor relations with the
United States Postal Service, or any collective bargaining
agreement.
(5) As used in this subsection, the term ``Governors'' has
the meaning given such term by section 102(3) of title 39,
United States Code.
(6) There are authorized to be appropriated, out of
the Postal Service Fund, such sums as may be necessary
for the Office of Inspector General of the United
States Postal Service.
(g)(1) Sections 4, 5, 6 (other than subsections (a)(7) and
(a)(8) thereof), and 7 of this Act shall apply to each
Inspector General and Office of Inspector General of a
designated Federal entity and such sections shall be applied to
each designated Federal entity and head of the designated
Federal entity (as defined under subsection (a)) by
substituting--
(A) ``designated Federal entity'' for
``establishment''; and
(B) ``head of the designated Federal entity'' for
``head of the establishment''.
(2) In addition to the other authorities specified in this
Act, an Inspector General is authorized to select, appoint, and
employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General and to obtain the temporary or intermittent
services of experts or consultants or an organization thereof,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment, and the obtaining of
such services, within the designated Federal entity.
(3) Notwithstanding the last sentence of subsection (d) of
this section, the provisions of subsection (a) of section 8D
(other than the provisions of subparagraphs (A), (B), (C), and
(E) of subsection (a)(1)) shall apply to the Inspector General
of the Board of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection and the Chairman of the
Board of Governors of the Federal Reserve System in the same
manner as such provisions apply to the Inspector General of the
Department of the Treasury and the Secretary of the Treasury,
respectively.
(4) Each Inspector General shall--
(A) in accordance with applicable laws and
regulations governing appointments within the
designated Federal entity, appoint a Counsel to the
Inspector General who shall report to the Inspector
General;
(B) obtain the services of a counsel appointed by and
directly reporting to another Inspector General on a
reimbursable basis; or
(C) obtain the services of appropriate staff of the
Council of the Inspectors General on Integrity and
Efficiency on a reimbursable basis.
(h)(1) No later than April 30, 1989, and annually thereafter,
the Director of the Office of Management and Budget, after
consultation with the Comptroller General of the United States,
shall publish in the Federal Register a list of the Federal
entities and designated Federal entities and if the designated
Federal entity is not a board or commission, include the head
of each such entity (as defined under subsection (a) of this
section).
(2) Beginning on October 31, 1989, and on October 31 of each
succeeding calendar year, the head of each Federal entity (as
defined under subsection (a) of this section) shall prepare and
transmit to the Director of the Office of Management and Budget
and to each House of the Congress a report which--
(A) states whether there has been established in the
Federal entity an office that meets the requirements of
this section;
(B) specifies the actions taken by the Federal entity
otherwise to ensure that audits are conducted of its
programs and operations in accordance with the
standards for audit of governmental organizations,
programs, activities, and functions issued by the
Comptroller General of the United States, and includes
a list of each audit report completed by a Federal or
non-Federal auditor during the reporting period and a
summary of any particularly significant findings; and
(C) summarizes any matters relating to the personnel,
programs, and operations of the Federal entity referred
to prosecutive authorities, including a summary
description of any preliminary investigation conducted
by or at the request of the Federal entity concerning
these matters, and the prosecutions and convictions
which have resulted.
* * * * * * *
definitions
Sec. 12. As used in this Act--
(1) the term ``head of the establishment'' means the
Secretary of Agriculture, Commerce, Defense, Education,
Energy, Health and Human Services, Housing and Urban
Development, the Interior, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Attorney General; the Administrator of the Agency for
International Development, Environmental Protection,
General Services, National Aeronautics and Space, or
Small Business, or Veterans' Affairs; the Director of
the Federal Emergency Management Agency, or the Office
of Personnel Management; the Chairman of the Nuclear
Regulatory Commission, the Federal Communications
Commission, or the Railroad Retirement Board; the
Chairperson of the Thrift Depositor Protection
Oversight Board; the Chief Executive Officer of the
Corporation for National and Community Service; the
Administrator of the Community Development Financial
Institutions Fund; the chief executive officer of the
Resolution Trust Corporation; the Chairperson of the
Federal Deposit Insurance Corporation; the Commissioner
of Social Security, Social Security Administration; the
Director of the Federal Housing Finance Agency; the
Board of Directors of the Tennessee Valley Authority;
the President of the Export-Import Bank; the Federal
Cochairpersons of the Commissions established under
section 15301 of title 40, United States Code; the
Director of the National Security Agency;or the
Director of the National Reconnaissance Office; as the
case may be;
(2) the term ``establishment'' means the Department
of Agriculture, Commerce, Defense, Education, Energy,
Health and Human Services, Housing and Urban
Development, the Interior, Justice, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Agency for International Development, the Community
Development Financial Institutions Fund, the
Environmental Protection Agency, the Federal
Communications Commission, the Federal Emergency
Management Agency, the General Services Administration,
the National Aeronautics and Space Administration, the
Nuclear Regulatory Commission, the Office of Personnel
Management, the Railroad Retirement Board, the
Resolution Trust Corporation, the Federal Deposit
Insurance Corporation, the Small Business
Administration, the Corporation for National and
Community Service, or the Veterans' Administration, the
Social Security Administration, the Federal Housing
Finance Agency, the Tennessee Valley Authority, the
Export-Import Bank, the Commissions established under
section 15301 of title 40, United States Code, the
National Security Agency,or the National Reconnaissance
Office, as the case may be;
(3) the term ``Inspector General'' means the
Inspector General of an establishment;
(4) the term ``Office'' means the Office of Inspector
General of an establishment; and
(5) the term ``Federal agency'' means an agency as
defined in section 552(f) of title 5 (including an
establishment as defined in paragraph (2)), United
States Code, but shall not be construed to include the
General Accounting Office.
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
[all]
