(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. NEW TECHNOLOGIES AND SERVICES SEC. 7. [47 U.S.C. 157] 45 (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 or twelve months after the date of the enactment of this section, if later. 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 or twelve months after the date of the enactment of this section, if later. CHARGES SEC. 8. [47 U.S.C. 158] (a) The Commission shall assess and collect charges at such rates as the Commission shall establish or at 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 law (5 U.S.C. 5901-02); not to exceed $300,000 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 fourteen) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109; $115,794,000, of which not to exceed $300,000 of the forgoing amount shall remain available until September 30, 1992, for research and policy studies: Provided, 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 and women 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 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(c) of title 47 of the Code of Federal Regulations. 45 Section 7 was added by Public Law 98-214, 97 Stat. 1471, Dec. 8, 1983. such modified rates as it shall establish pursuant to the provisions of subsection (b) of this section. (b)(1) The Schedule of Charges 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 charges shall apply to all categories of charges, except that individual fees shall not be adjusted until the increase or decrease, as determined by the net change in the Consumer Price Index since the date of enactment of this section, amounts to at least $5.00 in the case of fees under $100.00, or 5 percent in the case of fees of $100.00 or more. All fees which require adjustment will be rounded upward to the next $5.00 increment. The Commission shall transmit to the Congress notification of any such adjustment not later than 90 days before the effective date of such adjustment. (2) Increases or decreases in charges made pursuant to this subsection shall not be subject to judicial review. (c)(1) The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of charges required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the charge 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 charge or penalty under this section. (d)(1) The charges 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 a charge in any specific instance for good cause shown, where such action would promote the public interest. (e) Moneys received from charges 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 Charges which the Federal Communications Commission shall prescribe pursuant to subsection (a) of this section shall be as follows: d. Special Temporary Authority (Initial, Modifications, Extensions).... e. Assignments (per station) 100.00 70.00 c. Renewal of License (per station).. 155.00 d. Special Temporary Authority (Initial, Modifications, Extensions).. e. Assignments (per station) 35.00 155.00 d. Special Temporary Authority (Initial, Modifications, Extensions).... e. Assignments (per station). 100.00 70.00 f. Transfers of Control (per station) g. Request for Waiver (i) Routine (per request) 5. Aircraft Stations a. New License (per application)........ b. Modification of License (per application).. c. Renewal of License (per application).. 35.00 105.00 (ii) Non-Routine (per rule section/per station)... 105.00 35.00 35.00 35.00 d. Request for Waiver (i) Routine (per request). 105.00 (ii) Non-Routine (per rule section/per station). 105.00 6. Land Mobile Radio Stations (including Special Emergency and Public Safety Stations) d. Special Temporary Authority (Initial, Modifications, Extensions).... e. Assignments (per station). (v) Special Temporary Authority (Initial, Modifications, Exten- (iv) Special Temporary Authority (Initial, Modifications, Exten- 35.00 (ii) Non-Routine (per rule section/per station). 105.00 e. Special Temporary Authority (Initial, Modifications, Extensions) 35.00 f. Transfer of control (per call sign).. 35.00 8. Restricted Radiotelephone Operator Permit.. 35.00 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 Charge 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) h. Special Temporary_Authority (other than to remain silent or extend an existing ŠTA to remain silent). i. Extension of Time to Construct or Replacement of CP. j. Permit to Deliver Programs to Foreign Broadcast Stations. 2,535.00 565.00 6,760.00 170.00 565.00 80.00 100.00 55.00 100.00 200.00 55.00 k. Petition for Rulemaking for New Community of License......... 1,565.00 1. Ownership Report (per report) 35.00 2. Commercial Radio Stations a. New and Major Change Construction Permit (i) AM Station 2,255.00 (ii) FM Station b. Minor Change (i) AM Station (ii) FM Station. c. Hearing (Major/Minor Change, Comparative New, or Comparative Renewal). d. License 2,030.00 565.00 565.00 6,760.00 h. Special Temporary Authority (other than to remain silent or extend an existing ŠTA to remain silent). 425.00 355.00 35.00 565.00 80.00 100.00 55.00 100.00 i. Extension of Time to Construct or Replacement of CP. 200.00 j. Permit to Deliver Programs to Foreign Broadcast Stations. 55.00 k. Petition for Rulemaking for New Community of License or Higher Class Channel. e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent). e. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent). 85.00 80.00 35.00 100.00 5. Auxiliary Services (Includes Remote Pickup_stations, TV Auxiliary Broadcast stations, Aural Broadcast STL and Intercity Relay stations, and Low Power Auxiliary stations) a. Major Actions.. 85.00 b. Renewals.. 35.00 c. Special Temporary_Authority (other than to remain silent or extend an existing STA to remain silent). c. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent). 100.00 7. International Broadcast Station a. New Construction Permit and Facilities Change CP b. License.... c. Assignment or Transfer (per station) d. Renewal... e. Frequency Assignment and Coordination (per frequency hour).. 1,705.00 385.00 60.00 95.00 35.00 f. Special Temporary Authority (other than to remain silent or extend an existing STA to remain silent). 8. Cable Television Service a. Cable Television Relay Service (i) Construction Permit. (ii) Assignment or Transfer. 100.00 155.00 155.00 |