ployee, or agent engaged in the performance of investigative or prosecuting functions for any agency. (9) The secretary and seal of the Commission shall be the secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection. (d) Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision (1) within three months from the date of filing in all original application, renewal, and transfer cases in which it will not be necessary to hold a hearing, and (2) within six months from the final date of the hearing in all hearing cases. (e) The Čommission shall have a Managing Director who shall be appointed by the Chairman subject to the approval of the Commission. The Managing Director, under the supervision and direction of the Chairman, shall perform such administrative and executive functions as the Chairman shall delegate. The Managing Director shall be paid at a rate equal to the rate then payable for level V of the Executive Schedule. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) There are authorized to be appropriated for the administration of this Act by the Commission $109,831,000 for fiscal year 1990 and $119,831,000 for fiscal year 1991, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1990 and 1991. 1 1 Public Law 103-121, the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1994 (107 Stat. 1153, October 27, 1993) contained the following appropriation provision with respect to fiscal year 1994: FEDERAL COMMUNICATIONS COMMISSION SALARIES AND EXPENSES For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901-02; not to exceed $450,000 for land and structures; not to exceed $300,000 for improvement and care of grounds and repair to buildings; not to exceed $4,000 for official reception and representation expenses; purchase (not to exceed sixteen) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109; $160,300,000, of which not to exceed $300,000 shall remain available until September 30, 1995, for research and policy studies: Provided, That $60,400,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, as amended, and shall be retained and used for necessary_expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 1994, so as to result in a final fiscal year 1994 appropriation estimated at not more than $99,900,000: Provided further, That any offsetting collections received in excess of $60,400,000 in fiscal year 1994 shall remain available until expended, but shall not be available for obligation until October 1, 1994: Provided further, That none of the funds appropriated by this Act shall be used to repeal, to retroactively apply changes in, or to continue a reexamination of, the policies of the Federal Communications Commission with respect to comparative licensing, distress sales and tax certificates granted under 26 U.S.C. 1071, to expand minority ownership of broadcasting licenses, including those established in the Statement of Policy on Minority Ownership of Broadcasting Facilities, 68 F.C.C. 2d 979 and 69 F.C.C. 2d 1591, as amended 52 R.R. 2d 1313 (1982) and Mid-Florida Television Corp., 69 F.C.C. 2d 607 (Rev. Bd. 1978), which (b) In addition to the amounts authorized to be appropriated under this section, not more than 4 percent of the amount of any fees or other charges payable to the United States which are collected by the Commission during fiscal year 1990 are authorized to be made available to the Commission until expended to defray the fully distributed costs of such fees collection. (c) Of the amounts appropriated pursuant to subsection (a) for fiscal year 1991, such sums as may be necessary not to exceed $2,000,000 shall be expended for upgrading and modernizing equipment at the Commission's electronic emissions test laboratory located in Laurel, Maryland. (d) of the sum appropriated in any fiscal year under this section, a portion, in an amount determined under section 9(b), shall be derived from fees authorized by section 9. SEC. 7. [47 U.S.C. 157] NEW TECHNOLOGIES AND SERVICES. (a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this Act shall have the burden to demonstrate that such proposal is inconsistent with the public interest. (b) The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated. SEC. 8. [47 U.S.C. 158] APPLICATION FEES. (a) The Commission shall assess and collect application fees at such rates as the Commission shall establish or at such modified rates as it shall establish pursuant to the provisions of subsection (b) of this section. (b)(1) The Schedule of Application Fees established under this section shall be reviewed by the Commission every two years after October 1, 1991, and adjusted by the Commission to reflect changes in the Consumer Price Index. Increases or decreases in application fees shall apply to all categories of application fees, except that individual fees shall not be adjusted until the increase or decrease, as determined by the net change in the Consumer Price Index since the date of enactment of this section, amounts to at least $5.00 in the case of fees under $100.00, or 5 percent in the case of fees of $100.00 or more. All fees which require adjustment will be rounded upward to the next $5.00 increment. The Commission shall trans were effective prior to September 12, 1986, other than to close MM Docket No. 86-484 with a reinstatement of prior policy and a lifting of suspension of any sales, licenses, applications, or proceedings, which were suspended pending the conclusion of the inquiry: Provided further, That none of the funds appropriated to the Federal Communications Commission by this Act may be used to diminish the number of VHF channel assignments reserved for noncommercial educational television stations in the Television Table of Assignments (section 73.606 of title 47, Code of Federal Regulations): Provided further, That none of the funds appropriated by this Act may be used to repeal, to retroactively apply changes in, or to begin or continue a reexamination of the rules and the policies established to administer such rules of the Federal Communications Commission as set forth at section 73.3555(d) of title 47 of the Code of Federal Regulations, other than to amend policies with respect to waivers of the portion of section 73.3555(d) that concerns cross-ownership of a daily newspaper and an AM or FM radio broadcast station. mit to the Congress notification of any such adjustment not later than 90 days before the effective date of such adjustment. (2) Increases or decreases in application fees made pursuant to this subsection shall not be subject to judicial review. (c)(1) The Commission shall prescribe by regulation an additional application fee which shall be assessed as a penalty for late payment of application fees required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the application fee which was not paid in a timely manner. (2) The Commission may dismiss any application or other filing for failure to pay in a timely manner any application fee or penalty under this section. (d)(1) The application fees established under this section shall not be applicable (A) to governmental entities and nonprofit entities licensed in the following radio services: Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, and Special Emergency Radio, or (B) to governmental entities licensed in other services. (2) The Commission may waive or defer payment of an application fee in any specific instance for good cause shown, where such action would promote the public interest. (e) Moneys received from application fees established under this section shall be deposited in the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this Act. (f) The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section. (g) Until modified pursuant to subsection (b) of this section, the Schedule of Application Fees which the Federal Communications Commission shall prescribe pursuant to subsection (a) of this section shall be as follows: e. Assignments (per station) (ii) Non-Routine (per rule section/per station) c. Renewal of License (per station) d. Special Temporary Authority (Initial, Modifications, Extensions) f. Transfers of Control (per station) g. Request for Waiver (i) Routine (per request) 2. Ship Stations a. New License (per application) b. Modification of License (per application) c. Renewal of License (per application) d. Request for Waiver (i) Routine (per request) 70.00 100.00 70.00. 35.00 105.00 105.00 35.00 35.00 35.00 105.00 (ii) Non-Routine (per rule section/per station) 105.00 3. Operational Fixed Microwave Stations a. New License (per station) 155.00 b. Modification of License (per station) 155.00 c. Renewal of License (per station) 155.00 d. Special Temporary Authority (Initial, Modifications, Extensions) e. Assignments (per station) 35.00 155.00 f. Transfers of Control (per station) 35.00 g. Request for Waiver (i) Routine (per request) (ii) Non-Routine (per rule section/per station) 4. Aviation (Ground Stations) a. New License (per station) b. Modification of License (per station) c. Renewal of License (per station) d. Special Temporary Authority (Initial, Modifications, Extensions) e. Assignments (per station) f. Transfers of Control (per station) g. Request for Waiver (i) Routine (per request) (ii) Non-Routine (per rule section/per station) 5. Aircraft Stations a. New License (per application) b. Modification of License (per application) c. Renewal of License (per application) d. Request for Waiver (i) Routine (per request) 105.00 (ii) Non-Routine (per rule section/per station) 105.00 6. Land Mobile Radio Stations (including Special Emergency and Public Safety Stations) a. New License (per call sign) 35.00 b. Modification of License (per call sign) 35.00 c. Renewal of License (per call sign) 35.00 d. Special Temporary Authority (Initial, Modifications, Extensions) e. Assignments (per station) 35.00 35.00 (iv) Waiting List (annual application fee per application) 35.00 (v) Special Temporary Authority (Initial, Modifications, Exten- (iv) Special Temporary Authority (Initial, Modifications, Exten- e. Special Temporary Authority (Initial, Modifications, Extensions) f. Transfer of control (per call sign) 35.00 35.00 8. Restricted Radiotelephone Operator Permit 35.00 6. Assignment of Grantee Code for Equipment Identification 7. Experimental Radio Service 35.00 a. New Construction Permit and Station Authorization (per application) 35.00 b. Modification to Existing Construction Permit and Station Authorization (per application) 35.00 c. Renewal of Station Authorization (per application) 35.00 d. Assignment or Transfer of Control (per application) 35.00 e. Special Temporary Authority (per application) 35.00 f. Additional Application Fee for Applications Containing Requests to Withhold Information From Public Inspection (per application) 35.00 MASS MEDIA SERVICES 1. Commercial TV Stations a. New or Major Change Construction Permits b. Minor Change c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal) g. Call Sign (New or Modification) Special Temporary Authority (other than to remain silent or ex tend an existing STA to remain silent) i. Extension of Time to Construct or Replacement of CP .............. j. Permit to Deliver Programs to Foreign Broadcast Stations k. Petition for Rulemaking for New Community of License 1. Ownership Report (per report) 2. Commercial Radio Stations a. New and Major Change Construction Permit (i) AM Station (ii) FM Station b. Minor Change (i) AM Station (ii) FM Station c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal) d. License (i) AM (ii) FM (iii) AM Directional Antenna (iv) FM Directional Antenna (v) AM Remote Control e. Assignment or Transfer (i) Long Form (Forms 314/315) 2,535.00 565.00 6,760.00 170.00 565.00 80.00 100.00 55.00 100.00 200.00 55.00 1,565.00 35.00 2,255.00 2,030.00 565.00 565.00 6,760.00 370.00 115.00 425.00 355.00 35.00 565.00 |