[Senate Report 114-58]
[From the U.S. Government Publishing Office]
Calendar No. 100
114th Congress} {Report
1st Session } SENATE {114-58
____________________________________________________________________
.
FEDERAL COMMUNICATIONS COMMISSION
CONSOLIDATED REPORTING ACT OF 2015
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ON
S. 253
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 22, 2015.--Ordered to be printed
___________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2015
_____________________________________________________________________
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR , Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 100
114th Congress Report
SENATE
1st Session 114-58
======================================================================
FEDERAL COMMUNICATIONS COMMISSION CONSOLIDATED REPORTING ACT OF 2015
_______
May 22, 2015.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 253]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 253) to amend the
Communications Act of 1934 to consolidate the reporting
obligations of the Federal Communications Commission in order
to improve congressional oversight and reduce reporting
burdens, having considered the same, reports favorably thereon
with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of this legislation, as reported, is to
consolidate several reports of the Federal Communications
Commission (FCC or Commission) into a single biennial report on
the state of the communications marketplace. The new biennial
consolidated report would provide members of Congress relevant
and timely marketplace information to improve communications-
related policymaking and oversight.
Background and Needs
Changes in technology, consumer behavior, and the law,
including regulations, have facilitated convergence of what
were once distinct modes of communication, including wireline
telephony, cable television, broadcast television and radio,
and mobile voice and data.
Federal communications laws have been enacted and amended
at different points in time, often to address or anticipate
particular changes in industry structure and consumer
expectations. Many communications laws have included FCC
reporting requirements that reflect each law's discrete policy
goals, including assessments of sector-specific competition.
Under current law, the FCC is directed to annually prepare
separate reports to Congress on video competition, satellite
competition, the competitive effects of satellite
privatization, broadband deployment, international broadband
deployment, cable television pricing, and wireless competition.
In addition, the Commission is required to produce a triennial
report on barriers to market entry for small businesses, as
well as yearly reports regarding telephone penetration,
telephone subscribership, and pricing among telecommunications
services.
These reports each offer meaningful information about
competition among and deployment of voice, video, and advanced
communications services. The varied timing and isolated subject
focus of the existing reports, however, may not provide
policymakers with a complete picture that could be offered by a
single, timely report on competition and deployment in the
communications marketplace as a whole. Also, the many existing
reports collectively create a burden on the Commission that
could be lessened and managed more efficiently through report
consolidation. S. 253 would reduce reporting burdens on the FCC
and direct it to holistically analyze the communications
marketplace, including rural, urban, residential, and business
markets, rather than continue to report separately on sector-
specific and technology-specific bases.
The consolidated biennial report established by S. 253
would replace the multiple, sector-specific reports currently
required by statute, thereby allowing the Commission to
redirect its limited resources and providing congressional
policymakers with more useful information with which to judge
the efficacy of existing statutes and the potential value of
proposed changes to the law.
Summary of Provisions
S. 253 would amend the Communications Act of 1934 to
require the FCC to publish and submit to Congress a
communications marketplace report in the last quarter of every
even-numbered year. The new consolidated report would be
required to assess competition, deployment, and barriers to
entry and expansion present in the communications marketplace.
The FCC would also be required to include in the consolidated
report an agenda for addressing the challenges and
opportunities identified by its assessments over the next two
years.
S. 253, in turn, repeals the ORBIT Act Report, the
Satellite Competition Report, the Status of Competition in the
Market for the Delivery of Video Programming Report, the
Triennial Report Identifying and Eliminating Market Entry
Barriers for Entrepreneurs and Other Small Businesses, and the
State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services Report. The legislation also
would direct that the Report on Cable Industry Prices and the
International Broadband Data Report be included in the new
consolidated report.
Legislative History
S. 253, the Federal Communications Commission Consolidated
Reporting Act of 2015, was introduced by Senator Dean Heller on
January 26, 2015, and referred to the Committee on Commerce,
Science, and Transportation of the Senate. The bill is also
cosponsored by Senator Brian Schatz.
On February 24, 2015, the Committee considered the bill, as
amended in the nature of a substitute, in an open Executive
Session. Senator Markey offered an amendment to maintain the
International Broadband Data Report and include it in the
consolidated report established by S. 253. The amendment was
adopted by unanimous consent. The Committee, without objection,
ordered that S. 253, as amended, be reported.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 253--Federal Communications Commission Consolidated Reporting Act of
2015
S. 253 would require the Federal Communications Commission
(FCC) to prepare a biennial report for the Congress that
assesses certain characteristics of the communications
industry. The report would analyze the state of competition in
the markets for voice, video, and data services, as well as the
availability of high-speed and high-quality telecommunications
services. Further, the bill would require the FCC to determine
whether laws and regulations pose a barrier to entry into
communications markets and to include that information in the
biennial report. If the FCC fails to meet the reporting
deadline as provided in the bill, the agency would be required
to notify the Congress of the delay and provide the completion
date for the report.
S. 253 also would relieve the FCC of requirements to
prepare certain other reports for the Congress on topics
ranging from access to satellite services to prices for cable
services. In all, the bill would eliminate more than 20 reports
and notices, including some that remain in current law even
though deadlines for their completion have passed.
Based on information from the FCC, CBO estimates that
implementing the provisions of S. 253 would not have a
significant effect on the agency's costs. Any additional
expenses the FCC would incur to prepare the new assessment of
the communications industry would be offset by a reduction in
costs that would otherwise be incurred for preparing the
reports that would be eliminated under the bill. Moreover,
under current law, the FCC is authorized to collect fees
sufficient to offset the cost of its regulatory activities each
year. Therefore, CBO estimates that the net cost to implement
the provisions of S. 253 would be negligible, assuming annual
appropriation actions consistent with the agency's authorities.
Enacting S. 253 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 253 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On February 23, 2015, CBO transmitted a cost estimate for
H.R. 734, the Federal Communications Commission Consolidated
Reporting Act of 2015, as ordered reported by the House
Committee on Energy and Commerce on February 12, 2015. The two
bills are similar, as are the CBO cost estimates.
The CBO staff contact for this estimate is Susan Willie.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The number of persons covered by S. 253 should be
consistent with the current levels of individuals impacted
under the provisions of law that are addressed in the bill.
economic impact
S. 253 would not have an adverse impact on the Nation's
economy.
privacy
S. 253 would have no impact on the personal privacy of U.S.
citizens.
paperwork
S. 253 would not significantly increase paperwork
requirements for individuals and businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
Section 1 would provide that the legislation may be cited
as the ``Federal Communications Commission Consolidated
Reporting Act of 2015''.
Section 2. Communications marketplace report.
Section 2 would amend title I of the Communications Act of
1934 by adding a new section 13.
New section 13(a) would require the FCC to publish and
submit to Committee on Commerce, Science, and Transportation of
the Senate and Committee on Energy and Commerce of the House of
Representatives in the last quarter of every even-numbered year
a report on the state of the communications marketplace.
New section 13(b) would require the FCC to include in each
report: an assessment of the state of competition in the
communications marketplace; an assessment of the state of
deployment of communications capabilities, regardless of the
technology used for such deployment; an assessment of barriers
to competitive entry into the communications marketplace or
competitive expansion of existing providers of communications
services; and, a description of the agenda of the Commission
for the next two-year period for addressing the challenges and
opportunities identified in the report.
New section 13(c) would provide for an extension of the
report deadline if the Senate confirms the Chairman of the FCC
during the third or fourth quarter of an even-numbered year. In
such an instance, the report may be published and submitted by
March 1 of the following odd-numbered year.
New section 13(d) would require, as part of the report,
that the FCC consider intermodal, facilities-based, and
Internet-based competition in its assessment of competition and
to compile a list of geographic areas not served by any
provider of advanced telecommunications capability in its
assessment of deployment. The new section also would require
the FCC to consider market entry barriers for entrepreneurs and
other small businesses in its assessments of competition and
barriers to competitive entry and expansion.
New section 13(e) would require the Commission to notify,
by letter, the Committee on Commerce, Science, and
Transportation of the Senate and Committee on Energy and
Commerce of the House of Representatives of any delay in the
publication of the report. Such notice would be required to be
made within seven days following the deadline and every 60 days
until publication.
Section 3. Consolidation of redundant reports; conforming amendments.
Section 3(a) would amend the Communications Satellite Act
of 1962 to repeal the ORBIT Act Report.
Section 3(b) would amend Public Law 109-34 to repeal the
Satellite Competition Report.
Section 3(c) would amend the Broadband Data Improvement Act
to require the FCC to include the International Broadband Data
Report in the new biennial report established by the underlying
bill.
Section 3(d) would amend section 628 of the Communications
Act of 1934 to repeal the Status of Competition in the Market
for the Delivery of Video Programming Report.
Section 3(e) would amend section 623(k) of the
Communications Act of 1934 to require the Commission to include
the Report on Cable Industry Prices in the new biennial report
established by the underlying bill. While the legislation would
reduce the frequency of FCC cable industry price reporting
obligations from annual to biennial, the Committee intends that
the Commission continue to provide information identified by
section 623 (k), separately for each year.
Section 110 of Public Law 113-200, the STELA
Reauthorization Act of 2014, amended section 623(k) of the
Communications Act of 1934 to direct the FCC to include in its
Report on Cable Industry Prices the aggregate average total
amount paid by cable systems in compensation under section 325
of the Communication Act of 1934. The Committee intends that
the FCC's reporting under this requirement show how
compensation under section 325 has changed or may change over
time. The Committee therefore intends that the FCC include
compensation under section 325 for as many prior periods as it
determines such information is attainable without unnecessary
burden.
Section 3(f) would amend section 257 of the Communications
Act of 1934 to repeal the Triennial Report Identifying and
Eliminating Market Entry Barriers for Entrepreneurs and Other
Small Businesses.
Section 3(g) would amend section 332 of the Communications
Act of 1934 to repeal the State of Competitive Market
Conditions With Respect to Commercial Mobile Radio Services
report.
Section 3(h) would amend section 4 of the Communications
Act of 1934 to repeal the reference to annual reports
terminated by prior legislation.
Section 3(i) would strike from the Communications Act of
1934 outdated or already repealed reports, including the Report
on Competition between Wire Telephone and Wire Telegraph
Providers, the 1997 Report on Spectrum Auctions, and several
reports repealed by the Federal Reports Elimination and Sunset
Act of 1995.
Section 4. Effect on authority.
Section 4 would provide that nothing in the underlying
legislation be construed to expand or contract the authority of
the FCC.
Section 5. Other reports.
Section 5 would provide that nothing in the underlying
legislation be construed to prohibit or otherwise prevent the
Commission from producing any additional reports otherwise
within its authority.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
COMMUNICATIONS SATELLITE ACT OF 1962
[47 U.S.C. 701 et seq.]
[SEC. 646. REPORTS TO CONGRESS.
[47 U.S.C. 765e]
[(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.]
INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION PRIVATIZATION
REQUIREMENTS REVISION
[Public Law 109--34; 119 Stat. 377]
[SEC. 4. SATELLITE SERVICE REPORT.
[47 U.S.C. 703]
[(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
[47 U.S.C. 1301 et seq.]
SEC. 103. IMPROVING FEDERAL DATA ON BROADBAND.
[47 U.S.C. 1303]
(a) [Omitted]
(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] its report under
section 13 of the Communications Act of 1934, 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.
* * * * * * *
COMMUNICATIONS ACT OF 1934
[47 U.S.C. 151 et seq.]
SEC. 4. FEDERAL COMMUNICATIONS COMMISSION.
[47 U.S.C. 154]
(a) Number of Commissioners; Appointment.--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) Qualifications.--
(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) by 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
constitute a majority of the full membership of the
Commission.
* * * * * * *
(g) Expenditures.--
(1) The Commission may make such expenditures
(including expenditures for rent and personal services
at the seat of government and elsewhere, for office
supplies, law books, 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 member 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
obligations.]
[(3)] (2)
(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.
* * * * * * *
[(k) Annual Reports to Congress.--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 proceeding 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) Record of Reports.--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) Publication of Reports; Admissibility as
Evidence.--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) Compensation of Appointees.--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) Use of Communications in Safety of Life and
Property.--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.
SEC. 9. REGULATORY FEES.
[47 U.S.C. 159]
* * * * * * *
(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]The Commission 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. 13. 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 under 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;
(3) assess whether laws, regulations, regulatory
practices, or demonstrated marketplace practices pose a
barrier to competitive entry into the communications
marketplace or to the competitive expansion of existing
providers of communications services; and
(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).
(c) Extension.--If the Senate confirms the Chairman of the
Commission during the third or fourth quarter of an even-
numbered year, the report required under subsection (a) 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 by March 1 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 include 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
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).
(e) Notification of Delay in Report.--If the Commission
fails to publish a report by the applicable deadline under
subsection (a) or (c), the Commission shall, not later than 7
days after the deadline and every 60 days thereafter until the
publication of the report--
(1) provide notification of the delay by letter to
the chairperson and ranking member of--
(A) the Committee on Energy and Commerce of
the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(2) indicate in the letter the date on which the
Commission anticipates the report will be published;
and
(3) publish the letter on the website of the
Commission.
SEC. 215. EXAMINATION OF TRANSACTIONS RELATING TO FURNISHING OF
SERVICES, EQUIPMENT, ETC.; REPORTS TO CONGRESS.
[47 U.S.C. 215]
(a) Access to Records and Documents.--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 charges made or to be made
and/or the services rendered or to be rendered by such carrier,
in wire or radio communication 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, services,
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) Wire Telephone and Telegraph Services.--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) Exclusive Dealing Contracts.--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 USE OF TELEPHONE EQUIPMENT.
[47 U.S.C. 227]
* * * * * * *
(e) Prohibition on Provision of 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,
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 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)] (4) 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)] (5) 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)] (6) 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)] (7) 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.
(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. 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.
[(9)] (8) Limitation.--Notwithstanding any other
provision of this section, subsection (f) shall not
apply to this subsection or to the regulations under
this subsection.
SEC. 257. MARKET ENTRY BARRIERS PROCEEDING.
[47 U.S.C. 257]
(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.]
SEC. 303. POWERS AND DUTIES OF COMMISSION.
[47 U.S.C. 303]
* * * * * * *
(u) Require that, if technically feasible--
(1) apparatus designed to receive or play back video
programming transmitted simultaneously with sound, if
such apparatus is manufactured in the United States or
imported for use in the United States and uses a
picture screen of any size--
(A) be equipped with built-in closed caption
decoder circuitry or capability designed to
display closed-captioned video programming;
(B) have the capability to decode and make
available the transmission and delivery of
video description services as required by
regulations reinstated and modified pursuant to
[section 713(f)] section 713(e); and
(C) have the capability to decode and make
available emergency information (as that term
is defined in section 79.2 of the Commission's
regulations (47 CFR 79.2)) in a manner that is
accessible to individuals who are blind or
visually impaired; and
(2) notwithstanding paragraph (1) of this
subsection--
(A) apparatus described in such paragraph
that use a picture screen that is less than 13
inches in size meet the requirements of
subparagraph (A), (B), or (C) of such paragraph
only if the requirements of such subparagraphs
are achievable (as defined in section 716);
(B) any apparatus or class of apparatus that
are display-only video monitors with no
playback capability are exempt from the
requirements of such paragraph; and
(C) the Commission shall have the authority,
on its own motion or in response to a petition
by a manufacturer, to waive the requirements of
this subsection for any apparatus or class of
apparatus--
(i) primarily designed for activities
other than receiving or playing back
video programming transmitted
simultaneously with sound; or
(ii) for equipment designed for
multiple purposes, capable of receiving
or playing video programming
transmitted simultaneously with sound
but whose essential utility is derived
from other purposes.
* * * * * * *
SEC. 309. APPLICATION FOR LICENSE.
[47 U.S.C. 309]
* * * * * * *
(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.
(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). Within 45 days following the
conclusion of the competitive bidding--
(i) the deposits of successful
bidders shall be paid to the Treasury,
except as otherwise provided in
subparagraphs (D)(ii), (E)(ii), (F),
and (G);
(ii) the deposits of unsuccessful
bidders shall be returned to such
bidders; and
(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.
[(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)] (12) 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.
(1) 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)] (13) 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)] (14) 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)] (iv) 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)] (v) 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)] (15) 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)] (16) 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.
SEC. 331. VERY HIGH FREQUENCY STATIONS AND AM RADIO STATIONS.
[47 U.S.C. 331]
* * * * * * *
(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.
[47 U.S.C. 332]
(a) Factors Which Commission Must Consider.--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 market-place 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) Advisory Coordinating Committees.--
(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.
[47 U.S.C. 336]
* * * * * * *
(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),
(1) 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.
* * * * * * *
SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.
[47 U.S.C. 338]
* * * * * * *
(k) Definitions.--As used in this section:
(1) Distributor.--The term ``distributor'' means an
entity which contracts to distribute secondary
transmissions from a satellite carrier and, either as a
single channel or in a package with other programming,
provides the secondary transmission either directly to
individual subscribers or indirectly through other
program distribution entities.
(2) Eligible satellite carrier.--The term ``eligible
satellite carrier'' means any satellite carrier that is
not a party to a carriage contract that--
(A) governs carriage of at least 30 qualified
noncommercial educational television stations;
and
(B) is in force and effect within 150 days
after the date of enactment of the Satellite
Television Extension and Localism Act of 2010.
(3) Local receive facility.--The term ``local receive
facility'' means the reception point in each local
market which a satellite carrier designates for
delivery of the signal of the station for purposes of
retransmission.
(4) Local market.--The term ``local market'' has the
meaning given that term under section 122(j) of title
17, United States Code.
(5) Low power television station.--The term ``low
power television station'' means a low power television
station as defined under section 74.701(f) of title 47,
Code of Federal Regulations, as in effect on June 1,
2004. For purposes of this paragraph, the term ``low
power television station'' includes 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.
(6) Qualified noncommercial educational television
station.--The term ``qualified noncommercial
educational television station'' means any full-power
television broadcast station that--
(A) under the rules and regulations of the
Commission in effect on March 29, 1990, is
licensed by the Commission as a noncommercial
educational broadcast station and is owned and
operated by a public agency, nonprofit
foundation, nonprofit corporation, or nonprofit
association; and
(B) has as its licensee an entity that is
eligible to receive a community service grant,
or any successor grant thereto, from the
Corporation for Public Broadcasting, or any
successor organization thereto, on the basis of
the formula set forth in [section 396(k)(6)(B)]
section 396(j)(6)(B) of this title.
(7) Satellite carrier.--The term ``satellite
carrier'' has the meaning given such term under section
119(d) of title 17, United States Code.
(8) Secondary transmission.--The term ``secondary
transmission'' has the meaning given such term in
section 119(d) of title 17, United States Code.
(9) Subscriber.--The term ``subscriber'' has the
meaning given that term under section 122(j) of title
17, United States Code.
(10) Television broadcast station.--The term
``television broadcast station'' has the meaning given
such term in section 325(b)(7).
* * * * * * *
SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE
CARRIERS.
[47 U.S.C. 339]
* * * * * * *
(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)] (1) 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)] (2) 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)] (3) Objective verification.--
(A) In general.--If a subscriber's request
for a waiver under [paragraph (2)] paragraph
(1) 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)] (4) Definition.--Notwithstanding subsection
(d)(4), for purposes of [paragraphs (2) and (4)]
paragraphs (1) and (3) 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.
* * * * * * *
SEC. 396. CORPORATION FOR PUBLIC BROADCASTING.
[47 U.S.C. 396]
* * * * * * *
[(i) Report to Congress.--
[(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.]
[(j)] (i) Repeal, Alteration, or Amendment.--The right to
repeal, alter, or amend this section at any time is expressly
reserved.
[(k)] (j) Financing Restrictions.--
(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); and
(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)(1), 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 broadcast
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 interests 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)] (V) 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)]
subsection (k)(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)]
subsection (k)(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 appropriated
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.
[(l)] (k) Financial Management and Records.--
(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 requirement 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 auditor'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 entities. 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 biennially to the
Corporation a copy of the audit report
required pursuant to 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, the 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 project 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)] subsection
(j)(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)]
subsection (j)(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)] subsection (j)(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) Needs of Minorities and Other Groups.--
[(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.]
SEC. 398. FEDERAL INTERFERENCE OR CONTROL.
[47 U.S.C. 398]
* * * * * * *
(b) Equal Opportunity Employment.--.
(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.
* * * * * * *
SEC. 399B. OFFERING OF CERTAIN SERVICES, FACILITIES, OR PRODUCTS BY
PUBLIC BROADCAST STATIONS.
[47 U.S.C. 399b]
* * * * * * *
(c) Use of Funds From Offering Services, etc.--Any public
broadcast station which engages in any offering specified in
subsection (b)(1) may not use any funds distributed by the
Corporation under [section 396(k)] section 396(j) to defray any
costs associated with such offering. Any such offering by a
public broadcast station shall not interfere with the provision
of public telecommunications services by such station.
* * * * * * *
SEC. 615. CARRIAGE OF NONCOMMERCIAL EDUCATIONAL TELEVISION.
[47 U.S.C. 535]
(l) Definitions.--For purposes of this section--
(1) Qualified noncommercial educational television
station.--The term ``qualified noncommercial
educational television station'' means any television
broadcast station which--
(A)(i) under the rules and regulations of the
Commission in effect on March 29, 1990, is
licensed by the Commission as a noncommercial
educational television broadcast station and
which is owned and operated by a public agency,
nonprofit foundation, corporation, or
association; and
(ii) has as its licensee an entity
which is eligible to receive a
community service grant, or any
successor grant thereto, from the
Corporation for Public Broadcasting, or
any successor organization thereto, on
the basis of the formula set forth in
[section 396(k)(6)(B)] section
396(j)(6)(B); or
(B) is owned and operated by a municipality
and transmits predominantly noncommercial
programs for educational purposes.
Such term includes (I) the translator of any
noncommercial educational television station with five
watts or higher power serving the franchise area, (II)
a full-service station or translator if such station or
translator is licensed to a channel reserved for
noncommercial educational use pursuant to section
73.606 of title 47, Code of Federal Regulations, or any
successor regulations thereto, and (III) such stations
and translators operating on channels not so reserved
as the Commission determines are qualified as
noncommercial educational stations.
(2) Qualified local noncommercial educational
television station.--The term ``qualified local
noncommercial educational television station'' means a
qualified noncommercial educational television
station--
(A) which is licensed to a principal
community whose reference point, as defined in
section 76.53 of title 47, Code of Federal
Regulations (as in effect on March 29, 1990),
or any successor regulations thereto, is within
50 miles of the principal headend of the cable
system; or
(B) whose Grade B service contour, as defined
in section 73.683(a) of such title (as in
effect on March 29, 1990), or any successor
regulations thereto, encompasses the principal
headend of the cable system.
SEC. 623. REGULATION OF RATES.
[47 U.S.C. 543]
* * * * * * *
(k) Reports on Average Prices.--
(1) In general.--The Commission shall [annually
publish] publish with its report under section 13 of
the Communications Act of 1934 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.
* * * * * * *
SEC. 624A. CONSUMER ELECTRONICS EQUIPMENT COMPATIBILITY.
[47 U.S.C. 544a]
* * * * * * *
(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.
* * * * * * *
SEC. 628. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING
DISTRIBUTION.
[47 U.S.C. 548]
(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.
[(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.]
[(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).
(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.
SEC. 713. VIDEO PROGRAMMING ACCESSIBILITY.
[47 U.S.C. 613]
[(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)] (a) 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)] subsection (c);
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)] subsection (c).
[(c)] (b) Deadlines for Captioning.--
(1) In general.--The regulations prescribed pursuant
to [subsection (b)] subsection (a) 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)] subsection (a), as revised pursuant to
paragraph (2)(A) of this subsection, if the
requirements of this section are met, as determined by
the Commission.
[(d)] (c) Exemptions.--Notwithstanding [subsection (b)]
subsection (a)--
(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)] (d) 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)] (e) 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)]
subsection (g), 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)] (f) Emergency Information.--Not later than 1 year after
the Advisory Committee report under [subsection (e)(2)]
subsection (d)(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)] (g) 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)] (h) 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.
MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2012
[Public Law 112--96; 126 Stat. 156]
SEC. 6401. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM.
[47 U.S.C. 1451]
* * * * * * *
(b) Reallocation and Auction.--
(1) In general.--Notwithstanding paragraph [(15)(A)]
(14)(A) of section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)), not later than 3 years after
the date of the enactment of this Act, the Commission
shall, except as provided in paragraph (4)--
(A) allocate the spectrum described in
paragraph (2) for commercial use; and
(B) through a system of competitive bidding
under such section, grant new initial licenses
for the use of such spectrum, subject to
flexible-use service rules.
(2) Spectrum described.--The spectrum described in
this paragraph is the following:
(A) The frequencies between 1915 megahertz
and 1920 megahertz.
(B) The frequencies between 1995 megahertz
and 2000 megahertz.
(C) The frequencies described in subsection
(a)(2).
(D) The frequencies between 2155 megahertz
and 2180 megahertz.
(E) Fifteen megahertz of contiguous spectrum
to be identified by the Commission.
(3) Proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in paragraph (1)
shall be construed to relieve the Commission from the
requirements of section 309(j) [(16)(B)] (15)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).
(4) Determination by commission.--If the Commission
determines that the band of frequencies described in
paragraph (2)(A) or the band of frequencies described
in paragraph (2)(B) cannot be used without causing
harmful interference to commercial mobile service
licensees in the frequencies between 1930 megahertz and
1995 megahertz, the Commission may not--
(A) allocate such band for commercial use
under paragraph (1)(A); or
(B) grant licenses under paragraph (1)(B) for
the use of such band.
TITLE 17. COPYRIGHTS
CHAPTER 1. SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sec. 114. Scope of exclusive rights in sound recordings
* * * * * * *
(d) Limitations on Exclusive Right.--Notwithstanding the
provisions of section 106(6)--
(1) Exempt transmissions and retransmissions.--The
performance of a sound recording publicly by means of a
digital audio transmission, other than as a part of an
interactive service, is not an infringement of section
106(6) if the performance is part of--
(A) a nonsubscription broadcast transmission;
(B) a retransmission of a nonsubscription
broadcast transmission: Provided, That, in the
case of a retransmission of a radio station's
broadcast transmission--
(i) the radio station's broadcast
transmission is not willfully or
repeatedly retransmitted more than a
radius of 150 miles from the site of
the radio broadcast transmitter,
however--
(I) the 150 mile limitation
under this clause shall not
apply when a nonsubscription
broadcast transmission by a
radio station licensed by the
Federal Communications
Commission is retransmitted on
a nonsubscription basis by a
terrestrial broadcast station,
terrestrial translator, or
terrestrial repeater licensed
by the Federal Communications
Commission; and
(II) in the case of a
subscription retransmission of
a nonsubscription broadcast
retransmission covered by
subclause (I), the 150 mile
radius shall be measured from
the transmitter site of such
broadcast retransmitter;
(ii) the retransmission is of radio
station broadcast transmissions that
are--
(I) obtained by the
retransmitter over the air;
(II) not electronically
processed by the retransmitter
to deliver separate and
discrete signals; and
(III) retransmitted only
within the local communities
served by the retransmitter;
(iii) the radio station's broadcast
transmission was being retransmitted to
cable systems (as defined in section
111(f)) by a satellite carrier on
January 1, 1995, and that
retransmission was being retransmitted
by cable systems as a separate and
discrete signal, and the satellite
carrier obtains the radio station's
broadcast transmission in an analog
format: Provided, That the broadcast
transmission being retransmitted may
embody the programming of no more than
one radio station; or
(iv) the radio station's broadcast
transmission is made by a noncommercial
educational broadcast station funded on
or after January 1, 1995, under
[section 396(k)] section 396(j) of the
Communications Act of 1934 (47 U.S.C.
396(k)), consists solely of
noncommercial educational and cultural
radio programs, and the retransmission,
whether or not simultaneous, is a
nonsubscription terrestrial broadcast
retransmission; or
(C) a transmission that comes within any of
the following categories--
(i) a prior or simultaneous
transmission incidental to an exempt
transmission, such as a feed received
by and then retransmitted by an exempt
transmitter: Provided, That such
incidental transmissions do not include
any subscription transmission directly
for reception by members of the public;
(ii) a transmission within a business
establishment, confined to its premises
or the immediately surrounding
vicinity;
(iii) a retransmission by any
retransmitter, including a multichannel
video programming distributor as
defined in section 602(12) of the
Communications Act of 1934 (47 U.S.C.
522(12)), of a transmission by a
transmitter licensed to publicly
perform the sound recording as a part
of that transmission, if the
retransmission is simultaneous with the
licensed transmission and authorized by
the transmitter; or
(iv) a transmission to a business
establishment for use in the ordinary
course of its business: Provided, That
the business recipient does not
retransmit the transmission outside of
its premises or the immediately
surrounding vicinity, and that the
transmission does not exceed the sound
recording performance complement.
Nothing in this clause shall limit the
scope of the exemption in clause (ii).
* * * * * * *
Sec. 119. Limitations on exclusive rights: Secondary transmissions of
distant television programming by satellite
(a) Secondary Transmissions by Satellite Carriers.--
(1) Non-network stations.--Subject to the provisions
of paragraphs (4), (5), and (7) of this subsection and
section 114(d), secondary transmissions of a
performance or display of a work embodied in a primary
transmission made by a non-network station shall be
subject to statutory licensing under this section if
the secondary transmission is made by a satellite
carrier to the public for private home viewing or for
viewing in a commercial establishment, with regard to
secondary transmissions the satellite carrier is in
compliance with the rules, regulations, or
authorizations of the Federal Communications Commission
governing the carriage of television broadcast station
signals, and the carrier makes a direct or indirect
charge for each retransmission service to each
subscriber receiving the secondary transmission or to a
distributor that has contracted with the carrier for
direct or indirect delivery of the secondary
transmission to the public for private home viewing or
for viewing in a commercial establishment.
(2) Network stations.--
(A) In general.--Subject to the provisions of
subparagraph (B) of this paragraph and
paragraphs (4), (5), (6), and (7) of this
subsection and section 114(d), secondary
transmissions of a performance or display of a
work embodied in a primary transmission made by
a network station shall be subject to statutory
licensing under this section if the secondary
transmission is made by a satellite carrier to
the public for private home viewing, with
regard to secondary transmissions the satellite
carrier is in compliance with the rules,
regulations, or authorizations of the Federal
Communications Commission governing the
carriage of television broadcast station
signals, and the carrier makes a direct or
indirect charge for such retransmission service
to each subscriber receiving the secondary
transmission.
(B) Secondary transmissions to unserved
households.--
(i) In general.--The statutory
license provided for in subparagraph
(A) shall be limited to secondary
transmissions of the signals of no more
than two network stations in a single
day for each television network to
persons who reside in unserved
households.
(ii) Accurate determinations of
eligibility.--
(I) Accurate predictive
model.--In determining
presumptively whether a person
resides in an unserved
household under subsection
(d)(10)(A), a court shall rely
on the Individual Location
Longley-Rice model set forth by
the Federal Communications
Commission in Docket No. 98-
201, as that model may be
amended by the Commission over
time under [section 339(c)(3)]
section 339(c)(2) of the
Communications Act of 1934 to
increase the accuracy of that
model.
(II) Accurate measurements.--
For purposes of site
measurements to determine
whether a person resides in an
unserved household under
subsection (d)(10)(A), a court
shall rely on [section
339(c)(4)] section 339(c)(3) of
the Communications Act of 1934.
(III) Accurate predictive
model with respect to digital
signals.--Notwithstanding
subclause (I), in determining
presumptively whether a person
resides in an unserved
household under subsection
(d)(10)(A) with respect to
digital signals, a court shall
rely on a predictive model set
forth by the Federal
Communications Commission
pursuant to a rulemaking as
provided in [section 339(c)(3)]
section 339(c)(2) of the
Communications Act of 1934 (47
U.S.C. 339(c)(3)), as that
model may be amended by the
Commission over time under such
section to increase the
accuracy of that model. Until
such time as the Commission
sets forth such model, a court
shall rely on the predictive
model 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).
(iii) C-band exemption to unserved
households.--
(I) In general.--The
limitations of clause (i) shall
not apply to any secondary
transmissions by C-band
services of network stations
that a subscriber to C-band
service received before any
termination of such secondary
transmissions before October
31, 1999.
(II) Definition.--In this
clause, the term ``C-band
service'' means a service that
is licensed by the Federal
Communications Commission and
operates in the Fixed Satellite
Service under part 25 of title
47, Code of Federal
Regulations.
(C) Submission of subscriber lists to
networks.--
(i) Initial lists.--A satellite
carrier that makes secondary
transmissions of a primary transmission
made by a network station pursuant to
subparagraph (A) shall, not later than
90 days after commencing such secondary
transmissions, submit to the network
that owns or is affiliated with the
network station a list identifying (by
name and address, including street or
rural route number, city, State, and 9-
digit zip code) all subscribers to
which the satellite carrier makes
secondary transmissions of that primary
transmission to subscribers in unserved
households.
(ii) Monthly lists.--After the
submission of the initial lists under
clause (i), the satellite carrier
shall, not later than the 15th of each
month, submit to the network a list,
aggregated by designated market area,
identifying (by name and address,
including street or rural route number,
city, State, and 9-digit zip code) any
persons who have been added or dropped
as subscribers under clause (i) since
the last submission under this
subparagraph.
(iii) Use of subscriber
information.--Subscriber information
submitted by a satellite carrier under
this subparagraph may be used only for
purposes of monitoring compliance by
the satellite carrier with this
subsection.
(iv) Applicability.--The submission
requirements of this subparagraph shall
apply to a satellite carrier only if
the network to which the submissions
are to be made places on file with the
Register of Copyrights a document
identifying the name and address of the
person to whom such submissions are to
be made. The Register shall maintain
for public inspection a file of all
such documents.
(3) Statutory license where retransmissions into
local market available.--
(A) Rules for subscribers to signals under
subsection (e).--
(i) For those receiving distant
signals.--In the case of a subscriber
of a satellite carrier who is eligible
to receive the secondary transmission
of the primary transmission of a
network station solely by reason of
subsection (e) (in this subparagraph
referred to as a ``distant signal''),
and who, as of October 1, 2004, 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
secondary transmission of the
primary transmission of a local
network station affiliated with
the same television network
pursuant to the statutory
license under section 122, the
statutory license under
paragraph (2) shall apply only
to secondary transmissions by
that satellite carrier to that
subscriber of the distant
signal of a station affiliated
with the same television
network--
(aa) if, within 60
days after receiving
the notice of the
satellite carrier under
section 338(h)(1) of
the Communications Act
of 1934, the subscriber
elects to retain the
distant signal; but
(bb) only until such
time as the subscriber
elects to receive such
loca signal.
(II) Notwithstanding
subclause (I), the statutory
license under paragraph (2)
shall not apply with respect to
any subscriber who is eligible
to receive the distant signal
of a television network station
solely by reason of subsection
(e), unless the satellite
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 a list,
aggregated by designated market
area (as defined in section
122(j)(2)(C)), that--
(aa) identifies that
subscriber by name and
address (street or
rural route number,
city, State, and zip
code) and specifies the
distant signals
received by the
subscriber; and
(bb) states, to the
best of the satellite
carrier's knowledge and
belief, after having
made diligent and good
faith inquiries, that
the subscriber is
eligible under
subsection (e) to
receive the distant
signals.
(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
subsection (e) and who did not receive
a distant signal of a station
affiliated with the same network on
October 1, 2004, the statutory license
under paragraph (2) shall not apply to
secondary transmissions by that
satellite carrier to that subscriber of
the distant signal of a station
affiliated with the same network.
(B) Rules for lawful subscribers as of date
of enactment of 2010 act.--In the case of a
subscriber of a satellite carrier who, on the
day before the date of the enactment of the
Satellite Television Extension and Localism Act
of 2010, was lawfully receiving the secondary
transmission of the primary transmission of a
network station under the statutory license
under paragraph (2) (in this subparagraph
referred to as the ``distant signal''), other
than subscribers to whom subparagraph (A)
applies, the statutory license under paragraph
(2) shall apply to secondary transmissions by
that satellite carrier to that subscriber of
the distant signal of a station affiliated with
the same television network, and the
subscriber's household shall continue to be
considered to be an unserved household with
respect to such network, until such time as the
subscriber elects to terminate such secondary
transmissions, whether or not the subscriber
elects to subscribe to receive the secondary
transmission of the primary transmission of a
local network station affiliated with the same
network pursuant to the statutory license under
section 122.
(C) Future applicability.--
(i) When local signal available at
time of subscription.--The statutory
license under paragraph (2) shall not
apply to the secondary transmission by
a satellite carrier of the primary
transmission of a network station to a
person who 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 secondary transmission
of the primary transmission of a local
network station affiliated with the
same network pursuant to the statutory
license under section 122.
(ii) When local signal available
after subscription.--In the case of a
subscriber who lawfully subscribes to
and receives the secondary transmission
by a satellite carrier of the primary
transmission of a network station under
the statutory license under paragraph
(2) (in this clause referred to as the
``distant signal'') on or after the
date of the enactment of the Satellite
Television Extension and Localism Act
of 2010, the statutory license under
paragraph (2) shall apply to secondary
transmissions by that satellite carrier
to that subscriber of the distant
signal of a station affiliated with the
same television network, and the
subscriber's household shall continue
to be considered to be an unserved
household with respect to such network,
until such time as the subscriber
elects to terminate such secondary
transmissions, but only if such
subscriber subscribes to the secondary
transmission of the primary
transmission of a local network station
affiliated with the same network within
60 days after the satellite carrier
makes available to the subscriber such
secondary transmission of the primary
transmission of such local network
station.
(D) Other provisions not affected.--This
paragraph shall not affect the applicability of
the statutory license to secondary
transmissions to unserved households included
under paragraph (11).
(E) Waiver.--A subscriber who is denied the
secondary transmission of a network station
under subparagraph (B) or (C) may request a
waiver from such denial by submitting a
request, through the subscriber's satellite
carrier, to the network station in the local
market affiliated with the same network where
the subscriber is located. The network station
shall accept or reject the subscriber's request
for a waiver within 30 days after receipt of
the request. If the network station fails to
accept or reject the subscriber's request for a
waiver within that 30-day period, that network
station shall be deemed to agree to the waiver
request. Unless specifically stated by the
network station, a waiver that was granted
before the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004 under [section
339(c)(2)] section 339(c)(1) of the
Communications Act of 1934 shall not constitute
a waiver for purposes of this subparagraph.
(F) Available defined.--For purposes of this
paragraph, a satellite carrier makes available
a secondary transmission of the primary
transmission of a local station to a subscriber
or person if the satellite carrier offers that
secondary transmission to other subscribers who
reside in the same 9-digit zip code as that
subscriber or person.
* * * * * * *
(13) Waivers.--A subscriber who is denied the
secondary transmission of a signal of a network station
under subsection (a)(2)(B) may request a waiver from
such denial by submitting a request, through the
subscriber's satellite carrier, to the network station
asserting that the secondary transmission is
prohibited. The network station shall accept or reject
a subscriber's request for a waiver within 30 days
after receipt of the request. 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. Unless specifically stated by the network
station, a waiver that was granted before the date of
the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004 under [section
339(c)(2)] section 339(c)(1) of the Communications Act
of 1934, and that was in effect on such date of
enactment, shall constitute a waiver for purposes of
this paragraph.
(14) Restricted transmission of out-of-state distant
network signals into certain markets.--
(A) Out-of-state network affiliates.--
Notwithstanding any other provision of this
title, the statutory license in this subsection
and subsection (b) shall not apply to any
secondary transmission of the primary
transmission of a network station located
outside of the State of Alaska to any
subscriber in that State to whom the secondary
transmission of the primary transmission of a
television station located in that State is
made available by the satellite carrier
pursuant to section 122.
(B) Exception.--The limitation in
subparagraph (A) shall not apply to the
secondary transmission of the primary
transmission of a digital signal of a network
station located outside of the State of Alaska
if at the time that the secondary transmission
is made, no television station licensed to a
community in the State and affiliated with the
same network makes primary transmissions of a
digital signal.
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