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Statement by Senator John McCain on the Federal Communications Commission Reauthorization Act of 2003
From: Dave Farber <dave () farber net>
Date: Sat, 14 Jun 2003 12:58:46 -0400
------ Forwarded Message From: Robert Lee <robertslee () comcast net> Date: Sat, 14 Jun 2003 11:50:55 -0400 To: "David J. Farber" <dave () farber net> Subject: Possible interest to IP Of possible interest to IP FOR IMMEDIATE RELEASE Date: June 13, 2003 Contact: Rebecca Hanks Phone: (202) 224-2670 Statement by Senator John McCain on the Federal Communications Commission Reauthorization Act of 2003 Mr. President, today I am introducing the Federal Communications Commission Reauthorization Act of 2003. This legislation is designed to reauthorize the Federal Communications Commission (FCC or Commission) so that it may continue to carry forth its charge to ensure interference-free communication on interstate and international radio, television, wire, satellite, and cable communications. This independent agency has not been reauthorized since 1991. Senator Hollings will be a co-sponsor of the bill. The FCC is responsible for a wide range of duties, including establishing regulatory policies that promote competition, innovation, and investment in broadband services; ensuring that a comprehensive and sound national competitive framework for communications services exists; encouraging the best use of spectrum domestically and internationally; and providing leadership for the rapid restoration of the nations communications infrastructure in the event of disruption. This bill would reauthorize the Commission through fiscal year 2007. It would require that all application and regulatory fees paid to the Commission be deposited with the Commission subject to Appropriations. The legislation also would authorize the Commission to allocate sufficient funds to be used for an audit of the e-rate program to determine the specific fraud or abuse that has occurred during the operation of the program. Serious allegations of fraud in the operation of the e-rate fund have been raised in recent months, and we should provide the Commission adequate resources to ensure that e-rate funds are being used for the purposes intended. The Commission would be required to transmit a report of its findings and conclusions to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the anniversary of the Acts enactment for each year between 2004 and 2007. Further, this bill would clarify the Commissions review of its media ownership rules. Specifically, the bill sets forth the timing and the standard the FCC will use for reviewing its broadcast ownership rules. Currently, the FCC is required to review its broadcast ownership rules every two years. The bill lengthens the duration between reviews from two years to five years. At a recent hearing, all five FCC Commissioners recommended this change. The legislation also would clarify the actions the FCC may take during its media ownership reviews. Courts have found the current review standard to carry with it a presumption in favor of repealing or modifying ownership rules as part of a process of deregulation. This bill modifies the review standard to specifically allow the FCC to repeal, strengthen, limit, or retain media ownership rules if it determines such changes are in the public interest. At a recent hearing, several of the FCC Commissioners endorsed this change. The bill would increase the Commissions ability to enforce the Communications Act of 1934 (the 1934 Act) by raising the statutory cap on Commission fines and forfeitures by a factor of ten. The Commission has sought this increased enforcement ability to ensure communications providers do not accept Commission fines as a cost of doing business. The bill also increases the statute of limitations for violations of FCC rules or regulations from one year to two years. The legislation also allows the Commission to assess fines against direct broadcast satellite (DBS) operators for violations of the Communications Act in the same manner that the Commission may assess fines against broadcasters and cable operators. The bill would further clarify that a party injured by a common carriers violation of FCC rules or orders may recover damages for such injury in an action before the FCC or before a United States District Court. The need for this clarification is underscored by the recent decision by the United States Court of Appeals for the Second Circuit in Conboy v. AT&T Corp. Moreover, the new section would allow for the recovery of attorneys fees in complaints filed either in district court or at the FCC. The bill also would allow the Commission to seize broadcasting equipment where one engages in malicious interference to radio communications. This type of behavior is particularly egregious when parties attempt to maliciously interfere with public safety frequencies. Furthermore, the bill would ensure that valuable spectrum does not lie fallow unnecessarily. It precludes a successful bidder in a spectrum auction from using bankruptcy to avoid its obligation to pay for its spectrum license. The bill also establishes an office within the Commission for the recording and perfecting of security interests related to licenses. It also would ban any payment or reimbursement to the FCC of travel costs for FCC officials or staff from a nongovernmental sponsor of a convention, conference, or meeting. Recent reports indicate that during the last eight years, FCC officials and staff have taken more than 2,500 trips paid for by the industries they regulate. Although this is perfectly legal and it is often appropriate for FCC officials and staff to attend such conventions, conferences, or meetings, it should be without the appearance of impropriety. Therefore, the bill authorizes the Commission sufficient funds to pay for their own travel costs in the future. The bill would impose a one-year lobbying ban on high-level FCC staffers who leave the FCCs employment. Finally, the bill contains language in response to a recent court case before the D.C. Circuit Court of Appeals, which held that the Commission lacked jurisdiction to promulgate regulations necessary to require video descriptions of television programming to assist those who are visually impaired. This section would provide the FCC such authority. Reauthorizing the FCC is important so the agency may continue to successfully carry out its many responsibilities. I look forward to working on this important legislation and I hope that my colleagues will agree to join me in expeditiously moving this reauthorization through the legislative process. Mr. President, I ask unanimous consent that the bill be printed in the Record immediately following my remarks. Zitat von Robert Lee <robertslee () comcast net>:
Michael Powell applauds [sic] the FCC Reauthorization Act of 2003
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- Statement by Senator John McCain on the Federal Communications Commission Reauthorization Act of 2003 Dave Farber (Jun 14)