Volume 106 · 3533
Public Law 102–538
To authorize appropriations for the National Telecommunications and Information Administration, and for other purposes.
Approved October 27, 1992
Statutory text
An Act
To authorize appropriations for the National Telecommunications and Information Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Telecommunications Authorization Act of 1992”.
TITLE I— NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
PART A— ORGANIZATION AND FUNCTIONS
SEC. 101. SHORT TITLE.
This title may be cited as the “National Telecommunications and Information Administration Organization Act”.
SEC. 102. DEFINITIONS; FINDINGS; POLICY.
Definitions.—
In this title, the following definitions apply:
The term “NTIA” means the National Telecommunications and Information Administration.
The term “Assistant Secretary” means the Assistant Secretary for Communications and Information.
The term “Secretary” means the Secretary of Commerce.
The term “Commission” means the Federal Communications Commission.
The term “Corporation” means the Communications Satellite Corporation authorized in title III of the Communications Satellite Act of 1962 (47 U.S.C. 731 et seq.).
Findings.—
The Congress finds the following:
Telecommunications and information are vital to the public welfare, national security, and competitiveness of the United States.
Rapid technological advances being made in the telecommunications and information fields make it imperative that the United States maintain effective national and international policies and programs capable of taking advantage of continued advancements.
Telecommunications and information policies and recommendations advancing the strategic interests and the international competitiveness of the United States are essential aspects of the Nation’s involvement in international commerce.
There is a critical need for competent and effective telecommunications and information research and analysis and national and international policy development, advice, and advocacy by the executive branch of the Federal Government.
As one of the largest users of the Nation’s telecommunications facilities and resources, the Federal Government must manage its radio spectrum use and other internal communications operations in the most efficient and effective manner possible.
It is in the national interest to codify the authority of the National Telecommunications and Information Administration, an agency in the Department of Commerce, as the executive branch agency principally responsible for advising the President on telecommunications and information policies, and for carrying out the related functions it currently performs, as reflected in Executive Order 12046.
Policy.—
The NTIA shall seek to advance the following policies:
Promoting the benefits of technological development in the United States for all users of telecommunications and information facilities.
Fostering national safety and security, economic prosperity, and the delivery of critical social services through telecommunications.
Facilitating and contributing to the full development of competition, efficiency, and the free flow of commerce in domestic and international telecommunications markets.
Fostering full and efficient use of telecommunications resources, including effective use of the radio spectrum by the Federal Government, in a manner which encourages the most beneficial uses thereof in the public interest.
Furthering scientific knowledge about telecommunications and information.
SEC. 103. ESTABLISHMENT; ASSIGNED FUNCTIONS.
Establishment.—
Administration.—
There shall be within the Department of Commerce an administration to be known as the National Telecommunications and Information Administration.
Head of administration.—
The head of the NTIA shall be an Assistant Secretary of Commerce for Communications and Information, who shall be appointed by the President, by and with the advice and consent of the Senate.
Assigned Functions.—
In general.—
Subject to section 105(d), the Secretary shall assign to the Assistant Secretary and the NTIA responsibility for the performance of the Secretary’s communications and information functions.
Communications and information functions.—
Subject to section 105(d), the functions to be assigned by the Secretary under paragraph (1) include (but are not limited to) the following functions transferred to the Secretary by Reorganization Plan Number 1 of 1977 and Executive Order 12046:
The authority delegated by the President to the Secretary to assign frequencies to radio stations or classes of radio stations belonging to and operated by the United States, including the authority to amend, modify, or revoke such assignments, but not including the authority to make final disposition of appeals from frequency assignments.
The authority to authorize a foreign government to construct and operate a radio station at the seat of Government of the United States, but only upon recommendation of the Secretary of State and after consultation with the Attorney General and the Chairman of the Commission.
Functions relating to the communications satellite system, including authority vested in the President by section 201(a) of the Communications Satellite Act of 1962 (47 U.S.C. 721(a)) and delegated to the Secretary under Executive Order 12046, to—
aid in the planning and development of the commercial communications satellite system and the execution of a national program for the operation of such a system;
conduct a continuous review of all phases of the development and operation of such system, including the activities of the Corporation;
coordinate, in consultation with the Secretary of State, the activities of governmental agencies with responsibilities in the field of telecommunications, so as to ensure that there is full and effective compliance at all times with the policies set forth in the Communications Satellite Act of 1962;
make recommendations to the President and others as appropriate, with respect to steps necessary to ensure the availability and appropriate utilization of the communications satellite system for general governmental purposes in consonance with section 201(a)(6) of the Communications Satellite Act of 1962 (47 U.S.C. 721(a)(6));
help attain coordinated and efficient use of the electromagnetic spectrum and the technical compatibility of the communications satellite system with existing communications facilities both in the United States and abroad;
assist in the preparation of Presidential action documents for consideration by the President as may be appropriate under section 201(a) of the Communications Satellite Act of 1962 (47 U.S.C. 721(a)), make necessary recommendations to the President in connection therewith, and keep the President informed with respect to the carrying out of the Communications Satellite Act of 1962; and
serve as the chief point of liaison between the President and the Corporation.
The authority to serve as the President’s principal adviser on telecommunications policies pertaining to the Nation’s economic and technological advancement and to the regulation of the telecommunications industry.
The authority to advise the Director of the Office of Management and Budget on the development of policies relating to the procurement and management of Federal telecommunications systems.
The authority to conduct studies and evaluations concerning telecommunications research and development and concerning the initiation, improvement, expansion, testing, operation, and use of Federal telecommunications systems and advising agencies of the results of such studies and evaluations.
Functions which involve—
developing and setting forth, in coordination with the Secretary of State and other interested agencies, plans, policies, and programs which relate to international telecommunications issues, conferences, and negotiations;
coordinating economic, technical, operational, and related preparations for United States participation in international telecommunications conferences and negotiations; and
providing advice and assistance to the Secretary of State on international telecommunications policies to strengthen the position and serve the best interests of the United States in support of the Secretary of State’s responsibility for the conduct of foreign affairs.
The authority to provide for the coordination of the telecommunications activities of the executive branch and assist in the formulation of policies and standards for those activities, including (but not limited to) considerations of interoperability, privacy, security, spectrum use, and emergency readiness.
The authority to develop and set forth telecommunications policies pertaining to the Nation’s economic and technological advancement and to the regulation of the telecommunications industry.
The responsibility to ensure that the views of the executive branch on telecommunications matters are effectively presented to the Commission and, in coordination with the Director of the Office of Management and Budget, to the Congress.
The authority to establish policies concerning spectrum assignments and use by radio stations belonging to and operated by the United States.
Functions which involve—
developing, in cooperation with the Commission, a comprehensive long-range plan for improved management of all electromagnetic spectrum resources;
performing analysis, engineering, and administrative functions, including the maintenance of necessary files and data bases, as necessary for the performance of assigned functions for the management of electromagnetic spectrum resources;
conducting research and analysis of electromagnetic propagation, radio systems characteristics, and operating techniques affecting the utilization of the electromagnetic spectrum in coordination with specialized, related research and analysis performed by other Federal agencies in their areas of responsibility; and
conducting research and analysis in the general field of telecommunications sciences in support of assigned functions and in support of other Government agencies.
The authority to conduct studies and make recommendations concerning the impact of the convergence of computer and communications technology.
The authority to coordinate Federal telecommunications assistance to State and local governments.
The authority to conduct and coordinate economic and technical analyses of telecommunications policies, activities, and opportunities in support of assigned functions.
The authority to contract for studies and reports relating to any aspect of assigned functions.
The authority to participate, as appropriate, in evaluating the capability of telecommunications resources, in recommending remedial actions, and in developing policy options.
The authority to participate with the National Security Council and the Director of the Office of Science and Technology Policy as they carry out their responsibilities under sections 4–1, 4–2, and 4–3 of Executive Order 12046, with respect to emergency functions, the national communication system, and telecommunications planning functions.
The authority to establish coordinating committees pursuant to section 10 of Executive Order 11556.
The authority to establish, as permitted by law, such interagency committees and working groups composed of representatives of interested agencies and consulting with such departments and agencies as may be necessary for the effective performance of assigned functions.
Additional communications and information functions.—
In addition to the functions described in paragraph (2), the Secretary under paragraph (1)—
may assign to the NTIA the performance of functions under section 504(a) of the Communications Satellite Act of 1962 (47 U.S.C. 753(a)); and
shall assign to the NTIA the administration of the Public Telecommunications Facilities Program under sections 390 through 393 of the Communications Act of 1934 (47 U.S.C. 390–393), and the National Endowment for Children’s Educational Television under section 394 of the Communications Act of 1934 (47 U.S.C. 394).
SEC. 104. SPECTRUM MANAGEMENT ACTIVITIES.
Revision of Regulations.—
Within 180 days after the date
Federal Register, publication.
of the enactment of this Act, the Secretary of Commerce and the NTIA shall amend the Department of Commerce spectrum management document entitled “Manual of Regulations and Procedures for Federal Radio Frequency Management” to improve Federal spectrum management activities and shall publish in the Federal Register any changes in the regulations in such document.
Requirements for Revisions.—
The amendments required by subsection (a) shall—
provide for a period at the beginning of each meeting of the Interdepartmental Radio Advisory Committee to be open to the public to make presentations and receive advice, and provide the public with other meaningful opportunities to make presentations and receive advice;
include provisions that will require (A) publication in the Federal Register of major policy proposals that are not classified and that involve spectrum management, and (B) adequate opportunity for public review and comment on those proposals;
include provisions that will require publication in the Federal Register of major policy decisions that are not classified and that involve spectrum management;
include provisions that will require that nonclassified spectrum management information be made available to the public, including access to electronic databases; and
establish procedures that provide for the prompt and impartial consideration of requests for access to Government spectrum by the public, which procedures shall include provisions that will require the disclosure of the status and ultimate disposition of any such request.
Certification to Congress.—
Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall certify to Congress that the Secretary has complied with this section.
Radio Services.—
Assignments for radio services.—
In assigning frequencies for mobile radio services and other radio services, the Secretary of Commerce shall promote efficient and cost-effective use of the spectrum to the maximum extent feasible.
Authority to withhold assignments.—
The Secretary of Commerce shall have the authority to withhold or refuse to assign frequencies for mobile radio service or other radio service in order to further the goal of making efficient and cost-effective use of the spectrum.
Spectrum plan.—
By October 1, 1993, the Secretary of Commerce shall adopt and commence implementation of a plan for Federal agencies with existing mobile radio systems to use more spectrum-efficient technologies that are at least as spectrum-efficient and cost-effective as readily available commercial mobile radio systems. The plan shall include a time schedule for implementation.
Report to congress.—
By October 1, 1993, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the plan adopted under paragraph (3), including the implementation schedule for the plan.
SEC. 105. GENERAL ADMINISTRATIVE PROVISIONS.
Interagency Functions.—
Agency consultation.—
Federal agencies shall consult with the Assistant Secretary and the NTIA to ensure that the conduct of telecommunications activities by such agencies is consistent with the policies developed under section 103(b)(2)(K).
Report to president.—
The Secretary shall timely submit to the President each year the report (including evaluations and recommendations) provided for in section 404(a) of the Communications Satellite Act of 1962 (47 U.S.C. 744(a)).
Coordination with secretary of state.—
The Secretary shall coordinate with the Secretary of State the performance of the functions described in section 103(b)(2)(C). The Corporation and concerned executive agencies shall provide the Secretary with such assistance, documents, and other cooperation as will enable the Secretary to carry out those functions.
Advisory Committees and Informal Consultations With Industry.—
To the extent the Assistant Secretary deems it necessary to continue the Interdepartmental Radio Advisory Committee, such Committee shall serve as an advisory committee to the Assistant Secretary and the NTIA. As permitted by law, the Assistant Secretary may establish one or more telecommunications or information advisory committees (or both) composed of experts in the telecommunications and/or information areas outside the Government. The NTIA may also informally consult with industry as appropriate to carry out the most effective performance of its functions.
General Provisions.—
Regulations.—
The Secretary and NTIA shall issue such regulations as may be necessary to carry out the functions assigned under this title.
Support and assistance from other agencies.—
All executive agencies are authorized and directed to cooperate with the NTIA and to furnish it with such information, support, and assistance, not inconsistent with law, as it may require in the performance of its functions.
Effect on vested functions.—
Nothing in this title reassigns any function that is, on the date of enactment of this Act, vested by law or executive order in the Commission, or the Department of State, or any officer thereof.
Reorganization.—
Authority to reorganize.—
Subject to paragraph (2), the Secretary may reassign to another unit of the Department of Commerce a function (or portion thereof) required to be assigned to the NTIA by section 103(b).
Limitation on authority.—
The Secretary may not make any reassignment of a function (or portion thereof) required to be assigned to the NTIA by section 103(b) unless the Secretary submits to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a statement describing the proposed reassignment and containing an explanation of the reasons for the reassignment. No reassignment of any such function (or portion thereof) shall be effective until 90 legislative days after the Secretary submits that statement to such Committees. For purposes of this paragraph, the term “legislative days” includes only days on which both Houses of Congress are in session.
Limitation on Solicitations.—
Notwithstanding section 1 of the Act of October 2, 1964 (15 U.S.C. 1522), neither the Secretary, the Assistant Secretary, nor any officer or employee of the NTIA shall solicit any gift or bequest of property, both real and personal, from any entity for the purpose of furthering the authorized functions of the NTIA if such solicitation would create a conflict of interest or an appearance of a conflict of interest.
Part B— Special and Temporary Provisions
SEC. 181. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION.
There are authorized to be appropriated for the administration of the NTIA $17,600,000 for fiscal year 1992 and $17,900,000 for fiscal year 1993, and 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.
SEC. 132. NATIONAL ENDOWMENT FOR CHILDREN’S EDUCATIONAL TELEVISION.
Section 394(h) of the Communications Act of 1934 (47 U.S.C. 394(h)) is amended—
by striking “1991 and” and inserting in lieu thereof “1991,”; and
by inserting “, $5,000,000 for fiscal year 1993, and $6,000,000 for fiscal year 1994” immediately after “1992”.
SEC. 133. PEACESAT PROGRAM.
Findings.—
Section 2(a) of the Act entitled “An Act to authorize appropriations for activities of the National Telecommunications and Information Administration for Fiscal Years 1990 and 1991”, approved November 15, 1990 (Public Law 101–555; 104 Stat. 2758), is amended—
in paragraph (2) by striking “the Soviet Union and”;
in paragraph (8)—
by striking “since 1988, significant progress has been” and inserting in lieu thereof “in fiscal years 1988 and 1989, significant progress was”; and
by striking “negotiating to acquire” and inserting in lieu thereof “acquiring”; and
by striking all after paragraph (8) and inserting in lieu thereof the following new paragraphs:
“(9) because these activities exhausted the funds previously appropriated for the PEACESAT program, Congress authorized to be appropriated $1,000,000 for fiscal year 1990 and such sums as necessary for fiscal year 1991 for use by the Secretary of Commerce in the negotiation for and acquisition of satellite capacity and equipment under subsection (c)(1) of this section and the management and operation of satellite communications services under subsection (c)(2) of this section;
“(10) while no funds were appropriated for fiscal year 1990 because of the availability of carry-over funds, Congress appropriated $1,000,000 for fiscal year 1991 for the ongoing maintenance and operation of the GOES-3 satellite, for the administration of the PEACESAT program, for the acquisition and installation of earth stations and the training of engineers to operate the Earth stations, and for the study of a long-term solution to the satellite needs of the PEACESAT program;
“(11) with these funds, the PEACESAT program has been reestablished, over 20 new Earth terminals have been installed (some at the expense of the individual user groups), and the use of the PEACESAT network is expanding;
“(12) while the PEACESAT program has now been reestablished, additional funding continues to be necessary for the ongoing administrative and operational expenses of the PEACESAT program and especially for the acquisition of satellite capacity after 1994;
“(13) the importance of the PEACESAT program to the educational and cultural communications in the Pacific Ocean region makes it imperative that the Secretary of Commerce and the PEACESAT users explore every available option for long-term satellite capacity, including the possibility of using foreign-owned satellites or engaging in joint ventures with foreign entities to satisfy these long-term needs for transmission capacity; and
“(14) whether or not a domestic or foreign-owned satellite is used for transmission, it is essential to the achievement of United States policy goals that the headquarters, management, and operation of the PEACESAT program be located and conducted in the United States.”.
Authorization.—
The first sentence of section 2(d) of such Act of November 15, 1990 (104 Stat. 2758), is amended by striking all through “fiscal year 1991” and inserting in lieu thereof “There are authorized to be appropriated $400,000 for fiscal year 1992 and $1,500,000 for fiscal year 1993”.
SEC. 134. COMMUNICATIONS FOR RURAL HEALTH PROVIDERS.
Purpose.—
It is the purpose of this section to improve the ability of rural health providers to use communications to obtain health information and to consult with others concerning the delivery of patient care. Such enhanced communications ability may assist in—
improving and extending the training of rural health professionals; and
improving the continuity of patient care in rural areas.
Advisory Panel.—
The Secretary of Commerce, in conjunction
Establishment.
with the Secretary of Health and Human Services, shall establish an advisory panel (hereafter in this section referred to as the “Panel”) to develop recommendations for the improvement of rural health care through the collection of information needed by providers and the improvement in the use of communications to disseminate such information.
Composition of Panel.—
The Panel shall be composed of individuals from organizations with rural constituencies and practitioners from health care disciplines, representatives of the National Library of Medicine, and representatives of different health professions schools, including nurse practitioners.
Selection of Consultants.—
The Panel may select consultants to provide advice to the Panel regarding the types of information that rural health care practitioners need, the procedures to gather and disseminate such information, and the types of communications equipment and training needed by rural health care practitioners to obtain access to such information.
Report to Congress.—
Not later than 1 year after the Panel is established under subsection (b), the Secretary of Commerce shall prepare and submit, to the Committee on Commerce, Science, and Transportation and the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report summarizing the recommendations made by the Panel under subsection (b).
Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary of Commerce to carry out this section $1,000,000 to remain available until expended.
SEC. 135 REPORT ON THE ROLE OF TELECOMMUNICATIONS IN HATE CRIMES.
Requirement of Report.—
Within 240 days after the date of enactment of this Act, the NTIA, with the assistance of the Commission, the Department of Justice, and the United States Commission on Civil Rights, shall prepare a report on the role of telecommunications in crimes of hate and violent acts against ethnic, religious, and racial minorities and shall submit such report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Scope of Report.—
The report required by subsection (a) shall—
analyze information on the use of telecommunications, including broadcast television and radio, cable television, public access television, computer bulletin boards, and other electronic media, to advocate and encourage violent acts and the commission of crimes of hate, as described in the Hate Crimes Statistics Act (28 U.S.C. 534), against ethnic, religious, and racial minorities.
include any recommendations deemed appropriate and necessary by the NTIA.
TITLE II— FEDERAL COMMUNICATIONS COMMISSION
SEC. 201. TRAVEL REIMBURSEMENT PROGRAM.
Section 4(g)(2)(D) of the Communications Act of 1934 (47 U.S.C. 154(g)(2)(D)) is amended by striking “1992” and inserting in lieu thereof “1994”.
SEC. 202. HAWAII MONITORING STATION.
Section 9(a) of the Federal Communications Commission Authorization Act of 1988 (Public Law 100–594; 102 Stat. 3024) is amended by striking “1989, 1990, 1991, and 1992” and inserting in lieu thereof “1991,1992,1993, and 1994”.
SEC. 203. CLARIFICATION OF COMMISSION REFUND AUTHORITY.
Section 204(a)(1) of the Communications Act of 1934 (47 U.S.C. 204(a)(1)) is amended—
by striking “an increased charge” and inserting in lieu thereof “a revised charge”;
by striking “or increased” and inserting in lieu thereof “or revised”;
by striking “increased charges” and inserting in lieu thereof “revised charges”;
by striking “charge increased, or sought to be increased” and inserting in lieu thereof “new or revised charge, or a proposed new or revised charge”; and
by striking “increased charge” and inserting in lieu thereof “new or revised charge”.
SEC. 204. ELECTRONIC FILING OF APPLICATIONS.
Waiver of Frequency or Spectrum Claim.—
Sections 304 of the Communications Act of 1934 (47 U.S.C. 304) is amended by striking “signed a waiver of” and inserting in lieu thereof “waived”.
Signing of License Applications.—
Section 308(b) of the Communications Act of 1934 (47 U.S.C. 308(b)) is amended by inserting “in any manner or form, including by electronic means, as the Commission may prescribe by regulation” immediately before the period at the end.
Signing of Construction Permit Applications.—
Section 319(a) of the Communications Act of 1934 (47 U.S.C. 319(a)) is amended by inserting “in any manner or form, including by electronic means, as the Commission may prescribe by regulation” immediately before the period at the end.
SEC. 205. LICENSED OPERATORS.
Section 318 of the Communications Act of 1934 (47 U.S.C. 318) is amended—
by striking “(3) stations engaged in broadcasting other than those engaged primarily in the function of rebroadcasting the signals of broadcast stations)”; and
by striking “(4)” and inserting in lieu thereof “(3)”.
SEC. 206. STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS.
Section 503(b)(6) of the Communications Act of 1934 (47 U.S.C. 503(b)(6)) is amended—
by striking “so long as such violation occurred within 3 years prior to the date of issuance of such required notice”; and
by adding at the end the following: “For purposes of this paragraph, ‘date of commencement of the current term of such license’ means the date of commencement of the last term of license for which the licensee has been granted a license by the Commission. A separate license term shall not be deemed to have commenced as a result of continuing a license in effect under section 307(c) pending decision on an application for renewal of the license.”.
SEC. 207. TELEPHONE OPERATOR SERVICES.
Section 226(d)(4)(A) of the Communications Act of 1934 (47 U.S.C. 226(d)(4)(A)) is amended by inserting “and aggregators” immediately after “operator services”.
SEC. 208. GIFT AND BEQUEST AUTHORITY.
Section 4(g) of the Communications Act of 1934 (47 U.S.C. 154(g)) is amended by adding at the end the following new paragraph:
“(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.”.
SEC. 209. CHANGES TO SCHEDULE OF CHARGES.
Fees for Low-Earth Orbit Satellite Systems.—
The Schedule of Charges under section 8(g) of the Communications Act of 1934 (47 U.S.C. 158(g)) is amended by adding at the end of the matter under the heading “Common Carrier Services” the following:
“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”.
Fee for Inspection of Great Lakes Vessels.—
The matter under the heading “Miscellaneous Charges” in the Schedule of Charges for section 8(g) of the Communications Act of 1934 (47 U.S.C. 158(g)) is amended by striking “360.00” in item 3.c. (relating to the inspection of vessels under the Great Lakes Agreement) and inserting in lieu thereof “75.00”.
SEC. 210. TOWER SAFETY ACCOUNTABILITY.
Liability Extended to Tower Owners.—
Section 303(q) of the Communications Act of 1934 (47 U.S.C. 303(q)) is amended by inserting “, and the tower owner in any case in which the owner is not the permittee or licensee,” immediately after “permittee or licensee”.
Liability for Forfeiture.—
Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended—
by striking “system operator or” and inserting in lieu thereof “system operator,”; and
by inserting “, or in the case of violations of section 303(a), if the person involved is a nonlicensee tower owner who has previously received notice of the obligations imposed by section 303(q) from the Commission or the permittee or licensee who uses that tower” immediately after “section 307(e)”.
Effective Date.—
The amendments made by subsection (a) shall take effect 30 days after the date of enactment of this Act.
SEC. 211. REVIEW OF LICENSE TRANSFER.
Requirement for Hearing.—
The Federal Communications Commission shall not approve any assignment or transfer of control of a license held by any corporation identified in subsection (b) without first holding a full hearing on the record, with notice and opportunity for comment.
Applicability.—
Subsection (a) applies to any corporation holding a television broadcast license, the transfer of which was approved by the Federal Communications Commission on November 14, 1985, and which is a corporation owned or controlled directly or indirectly by a corporation organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
Report to Congress.—
The Federal Communications Commission shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate concerning the proposed transfer 30 days prior to authorizing any such transfer. The report required by this subsection shall include a review of the consistency of such transfer with the Commission’s minority ownership policies.
Waiver.—
The requirements of subsections (a) and (c) shall not apply in any case in which the Native Regional corporation identified in subsection (b) requests in writing that this section be waived by the Federal Communications Commission.
SEC. 212. COMMUNICATIONS SUPPORT FROM OLDER AMERICANS.
Authority for Grants and Cooperative Agreements.—
Section 6(a) of the Federal Communications Commission Authorization Act of 1988 (47 U.S.C. 154 note) is amended—
by striking “1988, 1989, 1990, and 1991” and inserting in lieu thereof “1992 and 1993”; and
by inserting “designated by the Secretary of Labor under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.)” immediately after “private nonprofit organizations”,
Certification.—
Section 6(b) of the Federal Communications Commission Authorization Act of 1988 (47 U.S.C. 154 note) is amended—
by adding “or” at the end of paragraph (2);
by striking paragraph (3); and
by redesignating paragraph (4) as paragraph (3).
SEC. 213. TELEPHONE RATES FOR MEMBERS OF ARMED FORCES DEPLOYED ABROAD.
In General.—
The Federal Communications Commission shall make efforts to reduce telephone rates for Armed Forces personnel in the following countries: Germany, Japan, Korea, Saudi Arabia, Great Britain, Italy, Philippines, Panama, Spain, Turkey, Iceland, the Netherlands, Greece, Cuba, Belgium, Portugal, Bermuda, Diego Garcia, Egypt, and Honduras.
Factors To Consider.—
In making the efforts described in subsection (a), the Federal Communications Commission, in coordination with the Department of Defense, Department of State, and the National Telecommunications and Information Administration shall consider the cost to military personnel and their families of placing telephone calls by—
evaluating and analyzing the costs to Armed Forces personnel of such telephone calls to and from American military bases abroad;
evaluate methods of reducing the rates imposed on such calls;
determine the extent to which it is feasible for the Federal Communications Commission to encourage the carriers to adopt flexible billing procedures and policies for members of the Armed Forces and their families for telephone calls to and from the countries listed in subsection (a); and
advise executive branch agencies of methods for the United States to persuade foreign governments to reduce the surcharges that are often placed on such telephone calls.
SEC. 214. AM RADIO IMPROVEMENT STANDARD.
The Federal Communications Commission shall—
within 60 days after the date of enactment of this Act, initiate a rulemaking to adopt a single AM radio stereo-phonic transmitting equipment standard that specifies the composition of the transmitted stereophonic signal; and
within one year after such date of enactment, adopt such standard.
Approved October 27, 1992.